THE LIBRARY
OF
THE UNIVERSITY OF CALIFORNIA
LOS ANGELES
THE
PARLIAMENTARY
O R CONSTITUTIONAL
Hiftory of England;
From" the earliefl TIMES, TO THE
Reftoration of King CHARLES II.
COLLECTED
From the RECORDS, the ROLLS of PARLIAMENT, the JOUR- NALS of both HOUSES, the public LIBRARIES, original MA- NUSCRIPTS, fcarce SPEECHES, and TRACTS j all compared with the feveral Contemporary WRITERS, and connected, throughout, with the Hiftory of the Times.
By SEVERAL HANDS.
The SECOND EDITION, in Twenty-four Volumes.
VOL. I.
Prom the Conqueft, to the Depofal of King Rickardll.
LONDON,
Printed for J. and R. TONSON, and A. MILLAR, in the Strand; and W. SANBBY, in Fleet-Street. MDCCLXII.
To His Grace ^ , 7
T H O M A'
Lord Archbifhop of CANTERBURY;
T O
The Right Honourable
P H I L I P,
Lord HARDWICKE, Lord High Chancellor of GREAT-BRITAIN ;
AND TO
The Right Honourable
ARTHUR ONSLOW, Efa
Speaker of the Honourable Houfe of COMMONS ;
The following Work is, with the utmoft Gratis tude> infcribed by
Yheir moji obliged,
And obedient humble Servants,
jpril, 1751.
The COMPILERS. 1272150
THE
PREFACE
TO THE
FIRST EDITION.
c~T*HE general Neglett of all our Hiflorians, in regard to the Proceedings of Parliament, •which may be jujlly ftyled the Conftitutional Hi* ftory of England, Jirft gave Rife to this Attempt: Thefe Writers are fo engaged in difplaying the Accounts of Battles, Sieges, and other jlriking TranfaSlions of War Abroad, that they feem entirely to have forgot the Sinews of it, the rai~ fmg of Supplies by Parliament, at Home -y ac- cording as the different Exigencies of the State required.
This great Omiffion induced federal Gentlemen, fome Years fine e, to begin to colleft proper Mate- rials for an Authentic Hiftory of the Proceedings of Parliament, from the earliejl Times.
The firjl Step neceffary herein, ivas a diligent Examination of the Records, the Parliament- Rolls, the Journals of both Houfes, and Public a 3 Libraries,
vi PREFACE.
Libraries. — The tracing out fuch Particulars as were to the Purpofe in the Firjl, was undertaken by the late Mr. George Holmes, Deputy-Keeper of the Records in the Tower, who generoujly of- fered his Service therein. The Lords' Journals, the Parliament-Rolls, and Rymer'-f Fcedera, have all been carefully examined by fome Gentle- men well acquainted with Englifh Hiftory, who- chufe rather to. defer™ well of the Public, than
to receive their Thanks. From all thcfe have
teen extracted fo great a Variety of Tranf actions^ hitherto unknown, as is really amazing. Every Writer of Englifh Hiftory, except Bifoop Burner, has entirely neglecJed the Lords' Journals : And even that learned prelate, who had Liberty given him to fearch therein for Materials, feems only to have curforily dipped into. them. Whe- ther the huge Number of Volumes deterred his Lordjhip, or the Difficulty of procuring thempre^ vented other Writers, we know not : But the Publication of this Work will dcmonjirably prove y that tbefe great Authorities have hitherto been either wholly omitted, or, & moft^ but flight ly pajjed over.
The Houfe of Commons Moving, a few Tears Jince, ordered their Journals to be printed, a Set of thefe were fupplied by an Honourable Member
PREFACE, vii
of the prefent Parliament : And it 'would be the higheft Injuftice not to acknowledge the great Care and Accuracy cbferved in the noble Edition of that Work.
The Public Libraries, and particularly the Cotton, have furnifhed Abundance of Materials for our Purpofe, which are omitted even in the Journals cf both Houfes. Many original Manu- fcripts and fear ce Pamphlets have alfobeen com- municated by private Gentlemen ; but the public Sale o/'/^Harleyan and other Libraries belong-* ing to antient Families, have fupplied a Variety not to be exprejjed*
In a Work of this Nature the great eft Impar*-
tiality is juflly required-, and the Compilers per-
Juade themfelves the Event willjhew, that it has
been as ftriftly obferved. A few Hints of the,
Method taken herein may not be improper. In
the earlier fames the Work is chiefy compiled
from the Records, /£<? Parliament-Rolls, and the
moft refutable antient Writers of Englifh Hi-
Jlory: In the Reign of Henry VIII. the Lords*
Journals begin -, andt under Edward VI. thofe of
the Commons. The Reigns of the fucceeding
Princes, to that of Charles I. have been written
by Contemporaries. From the fame, therefore*
viii P R E F A C E\
of the Commencement of the Journals of either Houfe, this Work may be faid to be, if nothing more) A Faithful Abridgement of thofe un- doubted Authorities.
' From the latter End of King James, to the Death of his Son Charles I. Whitlocke, Claren- don, and Rumworth (contemporary Hiflorians) have been consulted: The Firji of thefe is very exaffi ; the Second, much lefs fo; andt ' as to the Latter, ive are for ry to fay, the Public have not fo many Obligations to that Gentleman s Collec- tions, -as hath been generally imagined. — For In- Jlance, one among many — An Addrejs of Parlia- ment, entered in the Lords' Journals, being col- lated with the printed Copy of Mr. Rufhworth, fuch Variations and Omiffions appeared as were aftonijking. That thefe Difcoveries were never made before, miift be owing either to the Difficulty cf coming at the Journals, or the Trouble of ft arching them-, for Party -Zeal would not other- wife have fuffered fuch Miftakes to have been fo • long Juried in Silence. However, upon this In- Jight, it was thought necejjary to collate all the Kings Speeches, Meffages, and Declarations ; as a/ft the fever alAddreJes, Remo?7/l ranees, Speeches, 6cc. in each Houfe, fas printed in Rufh worth)
with the Journals, and -federal original Manu-
fcripts.
PREFACE. ix
fcripts and Pamphlets of the Times : And thh has been done accordingly, with the great eft Care
and Exaffnefs. Hereby many Omijjions have
been fupplied, and obfcure Pa// ages rejtored: But, at the fame Time, to do Mr. Rufhworth Jttftice, his Text is added by Way of Note.
The References made to Affs of Parliament, and the Tear-Booh, and other Quotations, in the feveral Speeches and Arguments, have all been carefully examined by an ejninent Barrijler at Law. — The moft remarkable Statutes in every Sejfion of Parliament are taken Notice of; and the State of the Peerage given in every Reign ; as alfo a general Lift of the Taxes raifed, and the Price of Provifions, by which the Reader will be better enabled to form fome Kind of judgment of the Value of Money in each Reign.
Upon the Whole, nothing in the Courfe of thh Work is laid down without proper Authority, which is always referred to in the Margin. The modern Spelling is followed throughout, except in feme Inflances, wherein the original Orthography is preferved, merely tojhew the different Changes of our Language in the feveral fuccejjive Ages*
After all this, the Compilers thought it their Duty to fubmit the Copy to the Examination of
fome
x PREFACE.
feme Peers of the Realm, federal-Members of the Houfe of Commons, and other Gentlemen well njerjed in the Laws and Confutations of their Country ', who 'were pleafed to approve the Defign.
By thefe Inquiries the young Nobility and Gentry of this Kingdom will be better injlrufted in the Conftitutional Part of ity and conjequently more enabled to ferve their Country in Parlia- ment; jfc? they mil fee, at one View, all the Difputes that have ever happened here about the Prerogative of the Crown and the Liberty of the Subject.— The Gentlemen of the Long Robe will meet with enough for their Speculation, and per- haps Improvement in their Profejfion; many Par- liamentary Cafes, Precedents, and Trials falling in the Series of this Work, never before printed.— And even the Clergy will Jind that a great deal ofChurcb-Hiftory is necejjarily interwoven in it.
The FIRST VOLUME begins with the Con- queft -, and ends with the Depofal of Richard II.
The SECOND extends from the Accejfton of Henry IV. to the Death of Henry VII.
The THIRD begins with the Reign of Hen- ry VIII. and comes down to the breaking out of the French War* 5'° Elizabeth.
PREFACE. xi
hes the Reign 0/^ Elizabeth*
T^FiFTH begins with thcAccejfion <?/"JamesL and ends with the ZQtb Tear of his Reign,
SIXTH, SEVENTH, <Z;Z/EIGHTH contl^ nue the Work to the Meeting of the Parliament, November 3, 1640, the Proceedings whereof do begin our NINTH Volume. - And here we enter upon the Hiftory of a Parliament of fo long a Duration, andfo plentifully jlored with Materials on both Sides of the Queftion, that to publijh every Taking would fatiate the greediejl Appetite for Hiftory: Many Things therefore muft be omitted on Account of their Prolixity; and yet we will venture to, affirm that nothing of Moment, on either Side the Queftion, will be wanting to fet forth thefe diftrafted ¥imes in a proper Light. But where we meet with Trials, or other Matters of too great a Length, and fuch as are printed jftngly, ar in the State-Trials, f which are in every Eodys Hands) a fuccinct Account of them, only may be thought Jufficient*
We Jhall not trouble the Reader, or ourfelves,, in giving the Sentiments of any Writer fmce the Reiteration, on Matters happening in, thofe ¥imes, though the Contemporary Hijiorians can-
not
211
PREFACE.
not be omitted^ especially on Affairs purely Parlia- mentary: But of the Civil Wars iff elf, the Bat- tles, Sieges, and other bloody 'Tranf actions of it, wejhall take no further Notice thanjuft to men- tion the mojl remarkable of them, in order to keep up a proper Connexion.
Jlood the Preface to the firft Eight Vo- fumes of this Hiftory, which were publijhed in the Tear 1751. A bold Undertaking, to Jlart Into the World, at once, with Jo many Volumes •> •which were not wrote in a Garret, at fo much a Sheet Letter-Prefs, but by Perfons animated with a Zeal more to ferve their Country than themfefoes -, and who were not much concerned what Succefs their Labours would have in the World. However, it muji be owned that, when they found the Public relifhed their Undertaking, by the quick Sale oj the firjl Right Volumes, they were more encouraged to proceed in the Work', which miift necejjarily occafion more Expence in 1 collecting Materials for their Purpofe.
In the Tear 1753 were publifted five more Volumes of this Work-, the Preface, or Introduc- tion, to which is left founding, as it was in the Jirjl Edition,, becaufe the Obfervations there made
on.
PREFACE. xiii
on fome of the principal Collectors and Contem- porary Hijhrians of the Times, there treated of, are necejfary to be read and under Jlood .by thofe , 'who 'would make themfehes Majlers of the Sub- ject. For the 'very fame Reafon the Preface to the Fourteenth Volume, which came out in 1755, is in the fame Situation it Jlood in at that Time. And the Jhort Introduction to the Nineteenth Volume, 'which appeared, with its Partner, in the Tear 1757* is aljo left, becaufe it goes on with a Recapitulation of the chief Materials this mighty Work was built with, and the friendly Aid which affijled the Compilers of it. Lajlly, inij6o came out two more Volumes, which bring the Hiftory down to near its dejigned Period, 1 660 j and the next Tear the Conclufive Part, 'with an Appen- dix and a 'very 'copious Index, were publifhed, which ends this whole Work. The Preface to •which laft Publication is reprinted in this Edition, by reafon of the Matter it contains ; 'which, to recapitulate here, would fwell this to too great a Bulk.
But, notwithjlanding what has been faid, by Way ^Preface, in the nrft Edition of this Work, there is an abfolute Neceffity to fay fomewhat more on the Publication of this fecond, to Jhew the Reader the Reafons why - the firil Two Vo- lumes
xiv PREFACE-
lumes of them are fo greatly altered from the for- mer•/ Very foon after their Appearance in the World the late Duke of Argyle, [Archibald] who highly dpprovd of the Work, fuggejled one great Omijpon, in quoting from the printed Abridge- ment of the Parliamentary Records in the Tower, when we Jhould have quoted the Originals; as the former, bejides many Miftakes, are of no Authority in the Houfe of Lords ; but the latter fur ely are.
The Duke offered us the Ufe of a Copy from the Originals, in his noble Library, to conjult before •we reprinted a new Edition, which he faid a Work of this Kind would certainly come to±
His Grace's Prophecy of a iecond Edition of this Work was fcarce believed at that 'Time by the Compilers; yet his Advice was taken, though not in his own Way; the Attendance on the Duke's Library in Town being found incompatible with the Residence of the Compilers, who live-d in the Country* By the Favour of another Nobleman, now in high Station, and of great Dijlinttion, another Copy was borrowed* which proved to be the frft that ever was taken from the original Records in the Tower : Of which the following ^ejlimony, wrote in a blank Page of the preceding Volume, in Lord Wey mouth' s own Hand, is a
fufficient Evidence :
Thefe
PREFACE. xv
Thefe three-and-twenty Volumes (including the Index) of the Parliament-Rolls were tran- fcribed from the Originals, by the Order and Direction of Mr. Halftead, whilfi he was Keeper of them, and were by him, carefully collated ; from whofe Widow the Lord Thomas Vifcount Wey mouth purchafed them for the Sum of One Hundred Pounds.
Note, Thefe were the firft original Copies from which all others now extant, in feveral Hands, were tranfcribed.
*I he great Number of thefe Volumes, the diffe~ rent Hands they 'were wrote in, and the different Languages they were compofed of, did not deter the Authors from entering upon, and, with much Pains and Labour, going through them. Thus are the Volumes of this Hiftory, as far as thefe ' Records go, authenticated, which is to the End of the Jhort Reign of Richard III. And herein, we foon found that the Dukes Sufpicions of the Faithfulnefs of the Abridgement were not with-* eutjuft Reafon-, for fuch a Number of Miftakes, in Mifnomers, Mifeonftr unions, Omiffions, &c, were feen, as is fcarce credible Jhould be. in a Book which bears this Title,
An
XVI
PREFACE.
An exact Abridgement of the Records in the 'Tower of London, from the Reign of Ed-ward II. > unto King Richard III. of all the Parliaments
holden in each King's Reign, &c. Collected
by Sir Robert Cotton, Knt. and Bart. Revifed, rectified in fundry Miftakes, and fupplied with a Preface, marginal Notes, feveral Omiffions, and exact Tables, .both of the great Matters, great Officers, Speakers, Nobles, and other Per- ibns therein contained. — ty William PrynneJL^,
a Bencher in Lincoln s-Inn. -London printed,
1657. Folio.
William Prynne, Efq-, according to his ufual Cujlom, hath bejlowcd a very long-winded Pre- face to this Abridgement of Records, tending chiefly to put a proper Value on tho/e Abjirafts-, which indeed, had they been carefully and Cor-> reftfy done, muft have had their due EJleem: But we fay again that there are fuch an infinite Number of Erratas, of all Sorts, in this Book, that 'when we began to correct our Copy of it, and had proceeded with that Intention fame Way, they increafed fo abundantly upon us that we gave it up, left it fhould fruftrate our main De~ jigJi*. From whence we may very well judge that the voluminous Mr. Prynne was more dejirous of
being
p R E F A C E. xvii
being jtiled the Author of fo many Books and Pamphlets as he printed and publijhed with his Name to them a, than to be correct in 'what he put out into the World: And from this Inftance we. may well Jujp eft that his other, and much greater Works, are done with the jame Care and Exa5t- nefs.
Eut to conclude, for Fear of being thought as tedious in prefacing as Mr. Prynne himfelf; the two firft Volumes fthis lecond Edition have alfe received fome conjiderable Additions and Altera- tions from the Care and Accuracy of a late wor- thy and learned Gentleman *Y who was at the Pains to collate and compare the former Reigns" of our Kings, particularly that of Edward I. . with all the old Monkifo Hijiorians nearejl that Kings Reign -, by which Jeveral Additions were made, and jome Errors corrected. Tet all this was * not done to enhance the Price of the new, or damn the old Edition, as has been but too jrequently b prafli/ed
a We have feen a Lift of more than fifty printed Hooks and Pamphlets with his Name to them, or known to be his.
b The late Robert Hobhn, Efq; of Nanfwlddwg , in Corn- wall, and Member in a former Parliament for the City of BrijJoL A Gentleman to whofe Candour and Knowledge, efpecially in En^UJfj Hiftory, the Compilers of this Work . owed great Obligations.
xviii PREFACE.
pratfifed by feme great Authors our PredeceJ/ors. *To obviate this Imputation) Care has been taken to print as many fupernumerary Volumes as will ferve to exchange 'with thofe who have bought the jirft -, and public Advertifement will be made of it, that Gentlemen may Jena1 their Jirft two Vo- lumes, of the former JLdition, and have the new delivered to them.
S35 The Folios of the old Edition are printed within Crotchets in the Margin of the new, which ferves the Index. — In two or three Sheets at the End of the Second Volume fome of the Pages of the old Edition are tranfpofed in the new*
THE
Parliamentary Hiftory o F
ENGLAND.
ARLIAMENTS are, without all Doubt, Of the Origin of very antient Extraction ; but to fix the and Name of Time of their Beginning, in this King-pARLIAI dom, is a Matter attended with fo many Difficulties, that it may be called Folly or Madnefs in any Writer to attempt it.
Neverthelefs, we take it to be neceflary to lay fomewhat relating to this intricate Subject ; though what we {hall write, as it will not be very pleafing to ourfelves, fo we cannot apprehend that it will give much Satisfa&ion to our Readers.
The very Word PARLIAMENT, or rather Parhment* is, in its Derivation, as perplexing as the former ; and the very beft Etymologifts differ ftrangely in their Opi- nions about it. We mall not endeavour to amufe our Readers with their various Conjectures; who will, may confult Francifcus Junius, Skinner, Gouldman^ and others, who have publifhed large Dictionaries in that Science ;
VOL. I, A t<?
Parliamentary HISTORY
to us it feems that the Word is certainly of French or Norman Extraction a ; and by this we maybe led to fuppofe that the Origin of thefe Afibublies, in this Ifland, is owing to the antient Cuftoms in France^ fome Centuries before our Conqueft b. And we are not to imagine, becaufe the Monkifli Writers, foon after that Period, always called thefe Meetings Parliaments y\vh\ch happened in the Times of the Saxons before them, that they were fo denominated by thofe People, but had this Name from the Normans their Succeflbrs.
In all Nations of the World hitherto known, and in all Ages, the Laws they were governed by were firft made by the Advice and Confent of thefe general Af- femblies, and then promulgated to the whole Commu- nity. And if the Jewijh Sanhedrim, the Grecian and Roman Senates, the Druid and Gaulijb AfTemblies, and particularly our own Saxon Gemots9 If^itten Gemots^ or Folkmotes, bore any Allufion to our prefent Parliaments, the Source of them runs very high indeed. Mr. Prynne^ in his Sovereign Power of Parliaments, tells us, ' That it is apparent from all Precedents before the Conqueft, that our priiline Synods and Councils were nothing elfe but Parliaments ; that our Kings, Nobles, Senators, Wifemen, Knights, and Commons (we cannot help ob- ferving that he omits Bifhops, though they were mpft certainly a Part of the Conftitution as antient as any) were ufually prefent, and voted in them as Members and Judges. Mr. Camden^ Sir Henry Spelman^ with other Writers, alfo go a great Way to prove the Commons to have borne a Part in Parliament in the Times of the Saxons ; but they do not fay that they were called by {hat Name, or elected as Knights, Citizens, and Bur- gefles were in After-Times.
The Laws of Ina, our IFeJI-Saxon King, which were made and publifhed about the Year 720, are there faid
to
a It feems to be derived from the Franco-Gaulle Verb par/er, to fpeak or debate; fo Parkmcnt, a Speaking or Debating. This antient Name fufiiciently denotes the Freedom of Speech fo abfolutely neceflary in thefe Grand Co'unciis or Afiembliss. My Lord Coke tells us, That Parliament is derived from Parler le Ment, i. e. from fpeaking the Mind. He might as well tell us, fays Ryner, that "Firmament is Firma Mentis, that h, a Farm for the Mind ; or Fundament, the Bottom of the Mind. Rymer's Antiquity, &c. of Parliaments. London, izmo, 1714.
b Suppofed to have been ufed in France before the Time of Charlemagne, in the feventh Century. See a late Account of the antient Parliaments of France, by Cbarlts Forman, Efqj LtnJun, ^ Vols, $vo, 1739.
of ENGLAND.
to be done by the Advice and Confent of all his Alder- men and Senior Wifemen of his Kingdom; befides a great Number of the Clergymet together on that Oc- cafion. The fame is mentioned at the End of the Laws of King AtbelftetKi as well as thofe of King Etbelred, his Succefibr c. But who thefe Wifemen were, whether [ 3 ] Lords or Commons, or both together, we are not able to determine. The Chronicle of John Brompton men- tions a great Council, or Affembly, to be held at Salif- lury in the Days of King Edgar, about the Year 970, of all the Nobles in the Kingdom*1; and another at Oxford, by King Canute the Dane, in the Year 1030. Thefe are all, or the greateft, Teftimonies that can be produced of Councils, or Parliaments, being called, by our Saxon or Danijh Kings, to make Laws before the Conqueft e.
The Writers in Favour of Monarchy, fuch as Sir R. Filmer, Dr. Brady, Dr. 'Johnjhn, and others, deny that the Commons had any Place or Power in thefe AfTem- blies untill long after that Period. They fay, indeed, that the Saxon Kings ufed to convene the Nobles and A 2 Bifhops
c Leges IN^ Regis Wefl-Saxonum. Circa An. 720.
Ego Ina, DeiGratia, Weft-Saxonum Rex, Exhortations et DoElrina Con- redis Patrit mei, e; Heddas Epifcopi met, et Herchonwaidi Epifcopi met, et omnium Aldermannorum meorum, el Scniorum Sapientium Regni mei, multa- yue Congregations Servorum Dei, &c. Cbron. Johan. Brompton inter Decem Script. Col. 761.
Ad Finem Legum ATHELSTANI Regis. Circa An. 930.
XXXIV. Sax. 25. Totum hoc inftitutum cji et confrmatutn in Magno Synulo apud Greateleyam, cui Arcbiepifcopu* Wulfius interfult, tt emnes Oftimates et Safriertes quos Adelftanus Rex fotuit fongregarei Ex eodem, CW. 845.
Leges /ETHELRKDI Regis. Circa An. 1000.
Hoc ejl Ccnjilium gued j^Bthelredus Rex et Sapientts fui condixerunt, &ct Col. 893.
llrtjunt Leges qua* ^Eth«Iredus Rex et Sapientesfui conftituerurtt. Cc/.Sg 5.
Heec funt ISerba Pads et Prchcutiones, quas ^Ethelredus Rex, et ontnes Sapientes tjus, cum Extrcitu frma-verunt , &c. Col. 899.
yide Lambard de Pnfcis Anglorum Legibus, Cantabrigiae A. 1644.
«I The Words are, Can fit's Regni Proceribus congregatis. And, Pofl b<ec «pi«t Oxoniam Parllamcntum temiit, (fcil. Canutus) ubi Angli ftmul et Dani de Legibits Edgaiis Regit obfervandit Concordes facii Junt, Cbron* Johan. Brompton inter Dtcern Script. Col. 866, 908.
c Polydore Vergil fays, That Parliaments are of French or Ncrwan Ex- fraftion ; his Words an1, More Gallico, -vulgo Parliamentum appellant, quod ui-.tifquifque Rex, Itiitio fui Regni, Labere fu/et, ut ibi Ji quid ex antiquis Coii/litutis, Legibufve, tnllendum, ac rurfui condendum fit, id de Conjilii Sen' tcn<:a fat j qu:, et aeinde yxttin Rfs fojiulat, J'uo Skbitratu illud ipfum ffwccati Lib, xi, n. 188,
The Parliamentary HISTORY
Biftiops of the Realm, to confult with them how to de- fend themfelves in Cafe of an Invafion, to levy Taxes, or to promulgate fome new Laws amongft the People, [ 4 ] or to be Witnefles to public Charters. This laft is evident from feveral Saxon Charters, copied and prefer- ved by Hiftorians, as well as fome Originals ftill extant amongft us ; wherein, befides the King, the Nobility and Biftiops, to a confiderable Number, fign'd with him. But then thefe Authors afTert, that the whole Body of the Commons were in an entireVaflalage to the Nobility and Clergy at that Time, and long after, and had nothing they could call their own, no, not fo much as their Lives.
That this was the Cafe of the Commons 'till fome Time after the Conqueft, appears pretty plain ; but with the Lords it was otherwife, for Sir Henry Spelman tells us in his Glojjary^ that, befides what has been faid of their Conventions, in the Times of the Saxon Kings, William I. compofed his Great Affembly, or Magnum Con/ilium of the Nation, from thofe Tenants that held of him in Capite ; and that Parliamentary Barons were created by the King's Writ, out of thofe of good Poflef- fions ; whereby William referved to himfelf a Tenure in Chief by Knight's Service. Thefe Judges were at that Time the fupreme Judicature ; but the Original of the Houfe of Peers, as to its tranfcendent Power, does not feem plainly to appear till the Reign of Henry III, when ipecial Writs of Summons were fent out to the Nobility diftin&ly by themfelves.
But at what Time the Commons became a Branch of the Legiflature is much more uncertain. Many will have it that they were not admitted as a Part of Parlia- ment untill the 491)1 of Henry III. for which this Rea- fon is afiigned, That the firft Writ of Summons of any Knights, Citizens, and Burgefles, now extant, is of no antienter Date than that Time.
This is again feemingly contradicted by MagnaCbarta^ or the Great Charter granted in the 1 7th Year of King 'John : For by this it appears that it was made per Re- gem> Barones^ et LIBEROS HOMINES totius Regni ; by which it feems plain, that it was not made by the King and Barons only. And Mr. Selden f fays, That the Borough of St. Allan's claimed by Prefcription, in the
Par-
f Sdttoi's Titla of Honour, p, 709.
of ENGLAND.
Parliament of the 8th of Edward II. to fend two Bur- gefies to all Parliaments, as they did in the Time of Edward I. and his Progenitors ; which muft be in the Time of King John, his Grandfather, and confequently before the Reign of Henry III.
Polydore Vergil^ HelUng/htad, Speed, &c. fay, That the Commons were firft furnmoned to a Parliament at Saliflury, in the i6th of Henry I. Sir Walter Raleigh* in his Treatife of the Prerogatives of Parliaments, thinks it was in the i8th of Henry I. Lord Bacon, in a Let- ter to the Duke of Buckingham, afks, Where were the Commons before Henry I ? which plainly implies nis Opinion that there was a Houfe of Commons at that Time at leaft. And Dr. Heylin finds yet another Be- ginning for them, which was in the Reign of Henry II.
Such and fo various are the Opinions of learned Men on this Subject : It is not to the Purpofe to purfue them any further, and we (hall content ourfelves in faying, That whenever the Commons were taken in as one Branch of the Legiflature, it was a Glorious Addition to the others ; was a great Bulwark to the Liberties of the Subject, and, altogether, as the general Afient of the the King and Realm to make Laws and Ordinances; was juftly called, by antient Writers,
Gommitne Con/ilium, Magnum Conjilium, Placitum generals^ Curia altijfima, et Pariiamentum generate feu atiijjimum.
The Power and Authority of Parliaments in making of Laws, in proceeding by Bill, or otherways, is fo well known, fo often treated on by others, and will fo evidently appear in the Courfe of this Hiftory, that it is ncedlefs to fay more of it in this Place.
But it will not be amifs, before we enter upon our Hi- florical Facts, under the feveral Reigns, to premife fome- what relating to the originalCreation of the Peers that com- pofe the Upper Houfe of Parliament, under their feveral Titles ; efpecially as that Houfe muft be allowed to be fuperior to the other, both in Antiquity and Honour.
All the Degrees of Nobility and Honour are derived from the King as the Fountain of Honour. The King's eldeft Son is born Duke of Cirnwa/l, afterwards he is created Prince of Wales-, and, to diftinguifh him, in the r 5 1 Middle of the Arch of his Coronet a Ball and Crofs are A 3 placed,
> 'The Parliamentary HISTORY
placed, as in the Royal Diadem. The Title of Prince of Wales was originally granted by Edward I. after his Conqueft of that Principality, and all his Titles are, Prince ol Wales, Duke of Cornwall, and Earl of Cbe/ttr. The firft Duke we had in England was Edward the Black Prince, fo famous in our Hiftories for his heroic Actions, who was created a Duke in the i ith Year of King Edward III.
Robert de Fere, Earl of Oxford, was created Marquis of Dublin in Ireland, in the 8th Year of King Richard II. and was the firft Marquis.
Hugh Lupus was made hereditary Earl of Cbejler by William the Conqueror.
"John Beaumont was created Lord Vifcount Beaumont by King Henry VI. in the i8th Year of his Reign, and was the firft Vifcount. And
John Beaucbamp, of Holt, was the firft Baron created by Patent in England, made the i ith of Richard II.
But, in the antient Records, the Word Baron inclu- ded all the Nobility of England', becaufe, regularly, all Noblemen were Barons, though they had higher Titles befides. The Chatter of King Edward I. which is an Expofition of what relates to Barons in Magna Charta, concludes, Tejlibus Arcbiepifcopis, Epifcopis, Baronibus, &c. So that the great Council of the Nobility, when they confifted, altogether, of Dukes, Marquefles, csV. befides Earls and Barons, were all comprehended under the Name De la Councfll de Baronage.
But, after all, a Baron holding Land of the King, to him and his Heirs, per Servitium Baronia;, is no Lord of Parliament, untill he be called by the King's Writ to Parliament. In the Reign of Edward I- the Title of Baron, which was before common to all thofe that held Lands of the Crown, was confined to all thofe •whom the King fummoned to Parliament. Thefe Ba- rons had then given them two Enfigns to remind them of their Duties ; firft a long Robe of Scarlet, in refpeft [ 7 ] whereof they are accounted in Law De magno Confilio Regis ; and, fecondly, are girt with a Sword, that they fhould ever be ready to defend their King and Country g. This alfo appears by Dugdale's Baronage, in which there are feveral Inftances of Lords being called to Par- liament,,
g Coke's 3 Inft. p. 186.
of ENGLAND.
liament, where they and their Anceftors never fat be- fore, nor any of their Pofterity after them h.
Proxies for the Bifhops and Barons in the Hotife of Peers are alfo very antient. The firft Mention of them, that occurs in our Parliamentary Memoirs, was at Car- lijle, under Edward I. * Alfo, in a Parliament held at lyejlminfter under Edward II. the Bifhops of Durham and Carlifle^ remaining upon the Defence of the Marches of Scotland^ were feverally commanded to flay there j and in the Writ a Claufe was inferted for that Purpofe k^ The like Teftimonies occur pretty often in this King's Reign, of making Proxies by the Name of Procuratores Sufficiente^ and in fucceeding Times the Teftimonies of them down to this Day are very frequent.
In relation to the more antient A6ts, Ordinances, Journals, &c. of the two Houfes of Parliament, much more might be faid than is confident with the Subftance of this Preamble to our Hiftory. Who will may read them admirably and concifely difcourfed on in Archbi- [ 8 ] {hop Nicbolfon's Englijh Hiftorical Library ; which Book, as it is almoft in every Collection, it is needlefs to tran- fcribe any Thing from it here. That Author has given us a general Detail of all our Parliamentary Proceedings from Magna Charta, through the printed Statutes, the
Rolls
Ii The Form of the King's Writ for fummoning a Peer to attend his Service in Parliament, is as follows :
Edwardus, &c. CbarijjirKO Confanguineo fuo C. Comit. A, Salutem, Quiet di- ,id-v:jamento & affenfu Conjilii n'jjiri pro quibufdam arduis urgentibus nego- t:;;, A'0j, Ststum G* Difinfonem Rcgni nojlri Angliae & Ecdtjla; Anglicanaj (GKiernen? qitoddam Parhamentum noftrum apud Ci-vitatem noftram Weft- monaftetii, die, &c. prox. futvr" teneri ordina"vitnus, & ibid, vabifcutit ac cum Prtelath, Magnatibus & Proceribvt diEf Regni noftri colloquium ba.- li't e, trafiare, Vobii fub fide &f ligeaticiis quibui nobii tencntini firmiter it ningend1 Mandamus, quod, confideraf difforum ncgotiarum arduitate & fericulit imminentibus, ceff'ante excufatione quacurque, dilf die & loco ptr- j'onaliter inter/ills Nvbifcum, ac cum Prxlatis Magnatibui & Proceribus pro:- d'.tlis fnfer diclii negotiis traElatur* vcftrumque conjilium impenfur* Et hoc Jic:it Nos & honcrcm noftrum ac Sal-vaticnem £f Defenftontm Regni & Ec- chfite pradiflorum expcdiiionetnque diElorum negotiorum diligitis, nul/atenus etnittaiis. Teftc mcifj'o apud Weflmonafterium die, &c,
i Quia (mines Prtelati, Militcs, et alii de Communitate Regni tur,c plenarlt tion vencrunt, reccptis quibufdam Procurationibus Pralatorum qui venire non pater ant, adjornar.tur omna qui fumnioniti funt ad Parliameatum, ujque a { En aft Mercurii proximum ftquentem, ad Horam primam.
k Si.t 1'rocuratorcin iieftrum fujpcicnter injlruHum ad difJos Diem tt Lo* cum itiittalii, ad confetti itndum ei quid tur.c Ibidem per dittot Pralatot tt ftntigcrit ordinunt Seldcn'j Baronage of England, £?c, 81/0.-— IjnJ, 1642,
$ The Parliamentary HISTORY
Polls of Parliament, Ordinances, Journals, with the Mcdus tenendi Pariiamenta ; the Antiquity and Rights of, both the Houfe of Lords and Commons, the difpen- fi ig Power of the King, and Writs of Summons ; wherein he fpecifito where all the Records relating to thefe Matters lie, at well as gives an Account of what the beft Authors have wrote on thefe often-difputed Subje&s, betwixt the Prerogative of the Crown and the Power of Parliaments.
Let this Exordium, therefore, fuffice for the Origin, the Power, and Name of PARLIAMENT ; we {hall pro- ceed now to our HISTORY of them; in which we hope to be fo exa£t, that no material Circumftance,. mention- ed either by antient or modern Hiftorians, {hall efcape our Notice. And tho' thefe general Meetings of the King with his Bifhops and Barons, both before and foon after the Conqueft, were by no Means like our prefent Parliaments ; yet we judge it very confitlent with the Tenor of our Subject, to purfue our Account of them whenever fuch Evidences can be found that may be de- pended upon, but in as concife a Manner as poffible.
King William I. T N the Reign of the three firft Norman Kings we Anno Re ni 6 •*• meet with little to our Purpofe. William I. indeed, nn°70jgm ' at the Inftigation of the Pope, lummoned a. National At Winder. Synod to determine the Difpute betwixt the Sees of Can- terbury and York, about Supremacy. As this was in- tirely an Ecclefiaftical Controverfy, it does not appear that this Meeting, which was before the King and Hu- bert, the Pope's Legate, at Windfar, coniifted of more than the Prelates, Abbots, and other Ecclefiaftics of the Realm J.
In
1 Sir Henry Spelman has made a Collection of the Laws before Magna Cbarta $ the MS, now in 'h? Bcdleyan Library, bears this Title, Codex Lcgum •vetcrum et Statutorum Regni Angliae, qua: ab IngrcJJ'x Willielmi ufyt ad -innum r.onum Henrici tertii edita fur.t ; tec tft ante frimum Statututn cmnium imfrreflorum in Libris yuridicis. P.1r, iV<Wf%and Sir Roger liaifden fcav- alfo tie-j.ted on this Suhjedl. And, indeed, if the old Chronicle of iitchfi--ld. quoted by Mr. SelJen, was confirmed by any Contemporary Hiftoriam, there is Reafon enough to believe thefe Laws to be genuine.— But, as it is not, we /hall oiily" give Blfhop Nicbilfons Qnotation from that ' h'rnicle, and leave it to the Reader's Judgment. Anno Gulielmus Regni fu: quarto afud Londonias, Confilin Baromim fuorum, fecit fummoniri fer f;V: >•_/:• • r.glja? Comitatus omnet Nobiks, Sapiintes, et fua Lege eru- ditoi, ut eorum Leget et CoaJaetuJines aiediret, Et licet idtm Rex Gulielmus
ttfei
of E N G L A N D. 9
In the Reign of Henry I. the Conqueror's youngeft K>"g Hemj U Son, Taxes were levied arbitrarily on the Subject, as in the two preceding Reigns of his Brother Rufus and his .Father. In his fixth Year he fet a Sum upon every Pa- rilh Church, and forced the Incumbent to pay the Mo- ney to redeem his Church. In the eighth Year of his Reign he had, for the Marriage of his Daughter Maud,, 3 s. for every Hide of Land : And, fay Hiftorians, during his whole Reign he levied a conftant annual Tax of \id. on every Hide of Land. It does not appear, by any Account we can meet with, that the King afked the Confent of his Barons, or People, for raiting thefe Sub- fidies, tho' there were fome Conventions of the Eftates of the Realm called in his Time : For in the Year 1 106, Ann°f0ef%ni 6' fays Matthew Paris^ Henry convened his Nobles, by a Ipecial Edift, on a very extraordinary Occafion. His elder Brother Robert, whom he had difpoflefled of his Ri^ht of Succeflion to the Englljh Crown, came over from Normandy to make him a friendly Vifit. Henryy being jealous that this Vifit might turn to his Difadvan- tage, and being more afraid, fays our Author, of Man than God, cajoled his Nobles, by crafty Promifes, to be true to him; and next thought that he could make up the Matter with God by the building of an Abbey, which he was then about to execute. For this Reafon he called together the Great Men of the Realm by his Royal Mandate, fays Paris™, to meet tt.London\ where r he firft foftened and fweetened them, feparately, by fmooth Words and Expreffions, and then, being met to- gether, he made a Speech to them as follows : Which Speech, as it is the firft that came from the Throne, only preferved by Matthew Paris , and taken Notice of by very few HHtorians, either antient or modern, that we have met with, juftly claims a Place in our Hiftory.
My
t-egei Norfolkiae tt Suffolkise, Grantbrigiae et Deirse (uti quondam maxima Pan Danorum et Norwcgienfium inbabitalant) frius magis apprcba-verat, et eai per totum Rtgnum obfer-vari pr&ceperat, pro to quod omnts Antecejjores ejus, ft fere omnes Baronet Normanniae, Norwegienles rxtitffint, et quod tie Norwegia dim venij/ent ; poftea ad Precet COMMUNITATIS Anglonim, Rex adquimit\ qui diprccati funt quatentts permitttret fibi Leget preprias et Cor.fuetudines antiquas babere, in vxibus •vixcrant Patres torum, et ipji.in eit itati et nutriti funt, fcilicet Leget Sanfii Regit Edwardi ConfefToris, <£)V.
Sec allb Sir Roger 'J'tvifden's Preface to the Laws rf William I. and Hen- ri I. publifhed at the End of Lambjrd de prif^ii Anglorum L<£;'£«a.— — Cantab. 1644.
m Rega £di£io convscatit, M. Paris, ful> toe Anno*
JO
The Parliamentary HISTORY
King Henry I, His Speech.
Anno Regni'7. 1107.
At London,
My Friends and faithful Subjects, both Foreigners and
Natives,
tyO U all know very well that my Brother Robert was *• loth called by God and eletted King of Jerufalem, which he might have hazily governed ; and how fhame- fully he refufed that Rule^ for which he jujlly deferves God's Anger and Reproof . You know alfo, in many other InJIances, his Pride and Brutality. Becaufs he is a Man that delights in War and Bloodjhed, he is impatient of Peace \ I know that he thinks you a Parcel of contemptible Fellows ; he calls you a Set of Drunkards and Gluttons^ whom he hopes to tread under his Feet. /, truly a Kingy meek) humble, and peaceable, will preferve and cherijh you in your antient Liberties, which 1 have formerly /worn to perform ; will hearken to your wife Counjels with Patience ; and will govern yoit, jujily, after the Example of the be ft of Princes. If you defere it, Iwilljlrengthen thisPromife with a written Charter ; and all thofe Laws which the Holy King Edward, by the Infpiration of God, fo wifely enacJed, I will again fwear to keep inviolably. If you^ my Brethren, will Jland by me faithfully, we Jhall eafily repulfe the ftrongefi Efforts the cruelle/l Enemy can make again/} me and thefe Kingdoms. If I am only fupported by the Valour and Power of the Englifh Nation, all the weak Threats of the Normans will no longer feem for- midable unto me.
We have given, from the old Monk of St. Allan's Latin, the Verfion of this Speech as near as we could, though the obfolete Words he often makes ufe of are difficult enough to render. Matthew adds, That this Harangue of Henry to his Nobles had the defired Effect, though he afterwards broke all his fair Promifes to them ; Duke Robert went back much difgufted, whom his Bro- ther foon after followed, gained a Victory over him, took the Duke Prifoner, put out his Eyes, and con- demned him to perpetual Imprifonment.
The Year after this, viz. 1 107, the fame King Henry call'd another Convention of all the Eftates of the Realm to fit in his Royal Palace at London. This Convention fome modern Hiftorians have honoured with the Name of Parliament^ and would prove that the Commons were
of
ENGLAND. n
a Part of it. We know not where they find Authority King Henry I. for fuch an Aflertion j the old Monkifh Writers ", who lived near this Time, call it no more than a Meeting of all the Biftiops, Abbots, and Nobles of the Kingdom, to whom Anjelm, Archbimop of Canterbury, was Pro- locutor.
Indeed this Meeting might much rather be called a Convocation than a Parliament, fince nothing, that we can find, but Church- Matters, were tranfa&ed in it. In this Aflembly the prohibiting the Priefts the Ufe of their Wives and Concubines was confidered ; and the Bifliops and Clergy granted to the King the Correction of them for that Offence ; by which Means he raifed vaft Sums of Money, compounding with the Priefts, for certain annual Payments, to allow them the Enjoyment of their Wives and Concubines °.
In the Year 1116 there was another Convention of Anno Regnl 16, the Nobles and Barons fummoned by the King to meet Ill6t at Salif&ury P. At this Meeting the whole Nobilit did Homage to him and to Prince William, King Henry's eldcit Son, in the Prefence of the Father *. The Di- fpute betwixt the Archbifhops of Canterbury and York^ [ 12 about Primacy, was alfo debated at this Convention, which was all the Bufmefs that we can find was done at it.
This Meeting alfo fome of our more modern Hifto- rians r have called the Foundation of our High Court of Parliament. The Englijh Kings, fay they,"before this Time, ordered the Affairs of the Commonwealth by their Edicts, Officers, and Governors of every Country, and feldom had the Advice of the People, but only at the Beginning of their Government, or in the Time of
War.
n Eodem Anno fa&us eft Conventus Epifcoporum et Abbatum pariter et Magnatum I.ondoniis in Pa/atio Regis. M. Paris, fub hoc Anno.
Con-vent us omnium Epifctporum, Abbatum, et Procerutn, Simeon Du- nelm. inter Decem Script. Hifl. Angl.
° Accept t enim Rex Pccuniam infinitam de Preftiyteris pro Juis Focariit redimendis. M. Paris.
Focuria is rendered either a Houfe Concubine, or a Female Drudge, a Difhwalher, &c.
P Conventio Oftiiaatum et Baronum totius Anglix. Simeon Dunelm. inter Decem Script.
q Ubit y»J}'u Regis, Comites et Barones, cum C/ero totius Kegni, fib! et Wiliielmo tiiio j'uo Homagium fccerunt. Cbroa. Johan, Bromptou inter Decem Script.
* Hdlingjhtad, Speed, Stow, fife.
12 •
King £fc»ry I. War. We believe it will be hard to prove that this Meeting was any Model of our prefent Parliaments, there being no Similitude of them in any Shape whatever.
Under this King the People of England began to re- cover again and grow wealthy, as the King did likewife : For it was in his Time that the Revenue, arifing from Crown Lands, was adjufted and fixed to a certain Rate, fo that it might be either paid in Money or Provifions. And this (hews that as the People in general began to grow rich ; fo the King, by attending his Affairs at home, as well as thofe abroad, grew rich too; infomuch that, at the Time of his Demife, he actually left in his Coffers the Sum of icc,ooo/. befides Plate and Jewels. A Sum that would amount to near ten Times the Value in our Times s.
King Stephen. Jn the turbulent Years of King Stephen's Reign, and during the bloody Contefts betwixt him and Maud the Emprefs, for the Crown of England, very little can be expected to our Purpofe. There were no regular Tax- ations at this Time ; but the contending Parties main- tained themfelves chiefly by the Plunder of each other's Tenants. Neverthelefs we meet with one Convention of the Eftates in this Reign, and that was in the very firft Year of it; for Stephen, anxious to have his Title confirm'd by their Authorities, fummon'd all the Biftiops
At Oxford. and Nobles of the Realm, by his Royal Edi£r, to meet at Oxford for that Purpofe £. At this Meeting Stephen figned and gave a moft extenfive Charter, wherein the Rights and Immunities of Holy Church were largely and principally fecured to the Clergy of all Degrees and De- nominations. At the Tail of this Charter Stephen alfo promifes to puni(h or remove the High Sheriffs, or anv other of his Officers, that fhall ufe any unjuft or illegal Exadtions on the People ; and that he will well and truly keep all the good old Laws and Cuftoms in all Cafes whatfoever. The Barons and other Great Men, befides the Bifliops, who were Witncfles to this Char- ter, and confequently prefent at this Convention, weie [ 13 ] Roger the Chancellor, Henry the King's Nephew, Ro- bert Earl of Gloucester, William Earl Warren, Ralph
Earl
s Campbell" s Lives of Admirals, &c. zd Edit. Vol. I. p. 127. 1 Efifcofoi et Procerfs fui Regni, Regali Edifio, in unuw coKvenire prte* fefit, Ric, Prior Hagulft. inter Decem Script.
of E N G L A N D. 13
Earl otCbefter, Roger Earl of Warwick, Robert de Vere, King Stephen. Miles de Gloucefter, Robert D'Oily, Brian Son to the Earl Conjlable, William Martel, Hugh Eygot, Humphrey de Bohun, Simon de Bellocampo, Sewer, William de Al- bany, Martel de Albany, Butlers, Robert de Ferrers, William Peverel, Simon de Silvanefli, William de Alba- nia, Hugh de S. Clare, Ilbert de Lacy ; dated at Oxford in the Year of Chrift M.C.XXXVI. but the firft of his Reis;n. Richard, the Prior of : Hexham, from whom we now quote, and who has beft preferved the Annals and Acts of this King, has given us this Charter ; the Pre- amble to which, as it evidently fhews the Title by which Stephen claimed the Crown, may be acceptable to the Reader. It is as follows :
T Stephen, by the Grace of God, theConfent of the Clergy •*• and People, being elected King over England, and con- fecrated by William Archbijbop of Canterbury, Legate of the Holy Roman Church, confirmed by Innocent, Pontiff" of the Jame See, for the Refpefit and Love I bear to God9 eh declare Holy Church to be free, and do confirm all due Reverence unto it, &c.
In the Year 1 152, when Stephen had been abroad and Anno Regni 17, fettled his foreign Affairs, he thought proper, at his Re- II52< turn, to endeavour to fecure and eftablim the Crown of England upon himfelf and Family ; and to that Purpofe called a general Council to London; that is to fay, Theo- bald, the Archbifhop of Canterbury, the Bifhops, and Great Men of England". He propofed to them the Coronation of his Son EuJJace, that, fays our Author, he might deprive Duke Henry, Son to the Emprefs Maud^ of his Right of Succeflion; and particularly required the Archbifhop, to whofe antient Right it belonged to con- fecrate Kings, to perform that Office upon his Son. The Prelate boldly anfwer'd, That the Pope, by his Letters, had forbidden him to crown or anoint his Son, becaufe he himfelf, contrary to his Oath, had ufurp'd the King- dom. The King, his Son, and all that favoured them, [ 14 were terribly angry at this Repulfe, and (hut up all the Bifhops with their Primate in one Houfe, that, by Threats and Terrors, they might extort that which,
adds
u drciltpifcopo, E/>ifioj>ii quc^ue, (t Proctrittts Anglije. Ckrcn* Gemi'. Cant, inter £)ecuu Scupc.
14 The Parliamentary HISTORY
KiBg St<pken. adds our Authority, neither by Price nor Prayer, they could prevail in. Some of the JBifhops were intimidated and began to ftagger, which the Primate perceiving, found Means to make his Efcape out of the Houfe, and, getting over the Thames in a Boat, fled to Dover, and fo beyond Sea. For his Refolution in this Affair, and Flight, the King feized upon and fpoiled all his Lands and Pofleflions c : But Stephen's Circumftances being then in no fuch Plight as to warrant thofe Proceedings, he was foon obliged to recall the Archbifhop, and make him Satisfaction for his Depredations. Stephen died foon after, and was fucceeded by
KingH^ryll. Henry II. who began his Reign in the Year 1154. He was the Son of Maud the Emprefs, Daughter to Henry I. by Maud Daughter of Margaret Queen of Scotland. In this Prince the antient Royal Saxon Line was reftored to the Crown of England.
Anno Regni z. This King fummoned a General AlTembly % or, as "56* fome will have it, a Parliament, in the fecond Year of
AtWallin ford ^ls ^e'§n» to meet at WatKrigford\ wherein the Bifhops ' and Barons fwore to the Succeflion of his Sons William and Henry, and the King confirmed the Charter of the Realm. But,
Anno Regni 10. In the Year 1 164, the fame King Henry called toge- 1164. tner a much greater Aflembly, and which comes the neareft a Parliament of any Thing we have yet met with. At Clarendon. This Convention of the Eftates was held at Clarendon^ and confined, as Paris writes, of the w Archbifhops, Bifhops, Abbots, Priors, Earls, Barons, and Nobles of the Realm ; over whom, by the King's Command, John de Oxford^ his Chaplain, was made Prefident. In this Aflembly the King carried it with a very high Hand againft the Prelates and Holy Church, fay the Monkifh Writers, and even forced Thomas a Becket, Archbifhop of Canterbury, with the reft of them prefent, to fwear to fixteen Articles drawn up for that Purpofe. Thefe Ar- ticles are at large in Mat. Paris, Gervafe of Canterbury,
and
t Mat. Paris fays that fome of the Temporal Lords did fwear Allegiance to Euflace.
u Ccn-ventus generalis Prtfjulum et Principum. C'jrsn. Gervaf. Cant. inter Decem Script.
w Archiepifcopis, Epifcopis, Attatibvi, Pritrifas, Cunitibtis, Baronibus, Preceribus Regni, Mat, Paris.
of E N G L A N D. 15
and other old Writers, called The Gonjlitutions of Cla- KmgH«jrj II. rendon, but have been fo often copied by the Moderns, that it is neecllefs to infert them here. Thomas travelled to Rome, and was abfolved from his Oath by the Pope; returned back to England^ and afterwards bred that Di- fturbance in the State which ended in his own Murder, and the King's fhameful Penance for having a Hand in it.
There was alfo another Convention, or Aflembly, of AnnoRegni 17; the Bifhops and Barons, called to York in this King's "7I* Reign, viz. Anno 1171 ; in which Malcholm King of At Scotland^ and his Succeflbr William, appeared and did Homage to Henry for that Kingdom. In this Meeting this Subjection is faid to be very particular ; William leaving his Breaft-Plate, Sword, and Saddle, which were to be kept in the Cathedral Church of York as a perpetual Memorial of it x.
In the Year 1176 this King Henry at Northampton, Anno Regal 11* by and with the Advice and Confent of the King his Son, whom he had caufed to be crowned fome Time be- fore, the Bifhops, Earls, Barons, Knights, and others y, constituted and appointed Jufticiaries, in fix different Parts of the Realm, three in each Divifion ; who were fworn to execute Juftice impartially to every one.
Thefe Juftices and their feveral Diftridts are particu- larly named by Roger Hoveden, but are not confident with our Defign to mention here. Sufficient it is to fay that the Affixes, Statutes, or Laws of this King Henry , made fome Time before at Clarendon, were again re- newed at this Convention, and the new-made Juftices were fworn to obferve them.
Again, in the Year 1 186, another Convention of the Anno Rcgnl 32, Eftates was called to meet at Gayntington z, and by their ll86- Confent he impofes the fame Tax upon his Subjects in AtGaynti*£tov, England which he had juft then levied in Normandy, and the reft of his foreign Dominions. This was impofed in order to carry on a War, jointly with the King of France, againft the Turks and Saracens, for the Recovery r < i of the Holy Land : But the Undertaking failed in Em- bryo;
x H. Knyghton inter Decem Script.
y Co/am Efifrofit, Cemititus, tiarom'buf, Militibut tt aliis Homiaibus fuit. Rad. de Diceto inter Decem Script.
R. Hweden. Daniel's lliftory of England. . i Since call'J GajScn, in A'trtbamftcnftirt,
1 6 The Parliamentary HISTORY
King Henry II. bryo ; and foon after, viz. the very next Year, King Henry II. died.
Taxes feem to have been raifed in this King's Reign as arbitrarily as before ; in the Beginning of it there was a Scutage, but there is no Account what it amounted to. A fecond Scutage was made in the fifth Year of his Reign, amounting to 1 80,000 /. In his feventh Year a third Scutage was raifed at two Marks every Knight's Taxes in his Fee; in the 1 2th, is. in the Pound for the fir ft Year, Reign, and I d. a Pound for four Years after, of all Rents
and Moveables ; in the I4th of his Reign, a fourth Scutage at a Mark a Knight's Fee; in the i8th, a fifth Scutage, uncertain what it was ; in the laft Year of this King's Reign, a Tenth on all Moveables for the Cru- fade a.
King Richard I. Richard I. furnamed Cceur de Lion, was the third but . D . eldeit furvivins Son of Henry II. and began his Reign in
Anno Kegm i. , .,, J
Jl29. the Year 1 1 89.
In this King's Reign we meet with a Convention of
the Eftates, in the very firft Year of it. At this Time
the French King fent an Ambaffador to acquaint the
King of England that he, and the whole Noblefle of
France, had fworn to go and attempt the Refcue of the
Holy Land from the Hands of the Saracens; and invited
Richard and his Nobles to join with them in this Holy
Undertaking. Upon this EmbafTy the King convenes
the Bifhops, Earls, and Barons of the Realm, lays Paris,
At Wejlminjler. to meet at Weftminfter b; when, acquainting them with
the French King's Invitation, it was readily agreed to
accept of it by Richard and his Peers. The King and
the Nobles, taking the fame Oath, fet out from England
r- i fome Time after, to meet the French, and profecute this
' -* Holy War with their joint Forces.
The Profecution of this Holy War, the various Suc- cefs, and glorious Exploits of our brave Englijh King
and
' Antiently there were computed to be in Erg'and 40,000 Knights' Fees in the Pofleflion of Spiritual and Temporal Verlbns j fome Writers fay 60,000 Knights' Fees. Stow quotes John Roufc, a very antient Ma- nufcript Hiftorian, who writes, That there were found, in the 151)1 Year of the Conqueror, 6o,a;i Knights' Fees in England. A Srutage, in After- reigns, was ufually 40 s. on each Fee, which muft amount to a vaft Sum ef Money in thofe Days. Stmv's Hijiory of England, p. 191.
b At London, fays Bromptor..
Rtx congregatis Epifcopis, Comitibus, et Baronibus Rcgni Parli Londonise babuit, Cii «/;. Johan. Brornpton inter Dcccm Script,
^/ENGLAND. 17
and his Forces, are copioufly treated on by M. Paris, King Ricbvd I. and the other Monkifh Writers of thole Times. It is neither our Defign to follow him into the Eaft, nor at- tend him in his long and dangerous Paflage back again. At his Return he found that his Brother John had been playing the Devil with him at home, whilft he had been fighting the Lord's Battles abroad. In fhort, he had, in Conjunction with the French King, who, upon a Quarrel in the Holy War, had become Richard's mortal Enemy, done his utmoft to difpofTefs his Brother of his Kingdom. And it coft King Richard, after his Return, fome Trouble and Bloodfhed to bring John and his Party to their due Obedience.
Soon after, the King thought fit to call a Parliament Anno Regni 5, at Nottingham ; where it is faid by fome, that Queen "94« Eleanor his Mother was prefent, and fat on his Right Hand. But Roger Hoveden, who is very particular in At his Account of this AfTembly, and what was done at it, writes, « That the King fat in State, withHu&ert Walter* ^Archbifhop of Canterbury, on his Right Hand ; and Geofry Plantagenet, Archbifhop of York, on his Left c.' The reft of the Bifbops and Peers that compofed this Meeting, and are mentioned, were Hugh Pudfey, Bifliop of Durham ; Hugh, Bifhop of Lincoln ; William Long- champ, Biftiop of Ely, the King's Chancellor ; William deVere, Bifhop of Hereford; Henry, Bifhop of Worcefter\ Henry Marejhal, Bifhop of Exeter ; and John, Biftiop < of Whitehaven ; David Earl of Huntington, Brother to the King of Scots, Hamelin Earl ok Warren, Ralph Blon- devile Earl ofChefter, William Earl of Ferrers, William Karl of Salijbury* and Roger Bigot Earl Mar/hall. On the firft Day of their Seffion, which was March agth, the King deprived Gerhard de Canvile of the PofTeffion of the Caftle of Lincoln, and his Office of Sheriff of that Shire ; Hugh Bardolph, of the Caftles of York and Scar- brough, the Cuftody of Wejlmoreland, with the Office of Sheriff" of Torkjhire, and expofcd them to Sale. The Archbifhop of York bought the Sheriff's Office for that [ 18 j| County for 3000 Marks, and an annual Rent of 100 Marks d. On the fecond Day the King demanded Judgment againft his Brother John, for having, contrary to his Oath of Fealty, ufurped his Caftles, and entered
VOL. I. B into
c Rogeri Ilwtdtn Annales, p, 419. d 2l:<t,
The Parliamentary HISTORY
into a Confederacy with the King of France againft him ', as alfo againft Hugh de Navant, Bifhop of Coven- try^ for adhering to him and his other Enemies. It was determined that they Ihould both appear upon a Day fixed, to anfwer according to Law; which if they refufed to do, the Earl fliould be banifh'd, and theBifhop undergo fuch Penalty both from Clergy and Laity as his Crime deferred -. On the third Day the Parliament granted to the King two Shillings from every Plough- Land in England f : Befides he required a third Part of the Service of every Knight's Fee for his Attendance in Normandy, and all the Wool that Year of the Cijlercian Monks, which being judged too hard, he compounded with them for a Fine. The fourth and laft Day was fpent in hearing and determining of Grievances and Ac- cufations ; and fo this Afiembly broke up after coming to a Refolution, That to nullify the Act of Submifiion which Richard had been obliged to perform to the Em- peror, he fliould be crowned again j which accordingly was performed the Rafter following at Wincbefter.
The moft of this King's fhort Reign was fpent in this Crufade, as well as great Part of the Nation's Money. In the firft Year of it a Scutage of twenty Shillings was laid on every Knight's Fee. In the fecond, for the Armament to carry on the Holy War, two Saddle Horfes and twoSumpterHorfes were taken of every City; C "9 J of every Abby one Saddle Horfe and one Sumpter Horfe ; and of every Manor of the King's the fame as the Ab- bies. For his Ranfom, when Prifoner to the Emperor, of every Knight's Fee twenty Shillings ; a fourth Part of the Rents of the Laity ; a fourth Part of the Rents of fome Clerksr and a tenth of others ; all the Gold and Silver the Churches had ; and all the Wool of that Year the Cijler clans had, as well as the Monks of the Order of Sempringhani) who never were taxed before s. The
Sum
c John not appearing within the Time limited, the King caufed Sen- tence to be pronounced againft him, confifcating all his Lands, and decla- ring him incapable to fticceed to the Ciovvn. T'ne Bi/hop, two Years alter, was reftored to the King's Favour and his Biflioprick for 2000 Maiks.— . Daniel's Hiftory of England.
f A Tax antiently called Temantale. R. Hoveden. See Temantah in Jacob's Law Dictionary.
g Nulla denique Ecd'efia, millm Or Jo, rtillui Gradus <vel Sexus, eft pr<x- ttrnti/uSf £«/ wn (opretur ad Likercrtitnem Regis, M, Paris.
^ENGLAND. 19
Sum the Emperor demanded for King Richard's Ran- King Rictgrd I. fom was 150,000 Marks of Silver h. For Liberty of Tournament, every Earl gave 20 Marks, every Baron 10 Marks, eve^-y landed Knight 4 Marks, and every Knight of Fortune 2 Marks. In the Years 1185 and 1196 were raifed the Sum of 1,100,000 Marks, but not faid how ; alfo an Aid of five Shillings of every Plough -Land. Great Sums were alfo raifed by Seizures, Fines, and Compofitions, and Sale of the Demefne Lands. In fine, fo much Money went out of the King- dom on this expenfive Crujade, and for the King's Ranfom, that fcarce a genuine Coin of this King's Stamp is to be met with in the Collections of the Cu-
To Richard fucceeded John his Brother, the youngeft King John. Son to Henry II. whofe Reign, though it proved very unhappy and troublefome to himfelf, yet it chanced to be of infinite Service to his Subjects and all their Po- ilerity.
In the Year 1200, the firftofhis Reign, he called to- Anno Regni i» gether theEftates of the Realm to meet at Lincoln; where ISO°* alfo, fay our Hiftorians, he had fummoned William AtLm-o/a, King of Scotland to appear and do Homage to him for that Kingdom. The Scots King came, and the Cere- mony was performed on a Hill near Lincoln, in the Prefence of all the Noblemen of both Kingdoms, and all the People1. This Convention is alfo called a Par- r 2o 1 liament by fome old Writers k, tho' for what Reafon we are not able to learn, for there were no Laws of any B 2 Kind
*» One hundred and fifty thoufand Marks, ad Pondut Colonise Monetee publice probata. Rod. de Diceto, inter Decem Script.
One hundred thoufand of which Marks was all which could then be raifed, and at once paid down, amounting to upwards of 194,0007. of our prefent Money, as Mr. Folket has (hewn in his Table of Silver Coins, p. 142 and 1 66.
In this King's Reign Hubtrt, Archbifliop of Canterbury, gave this as a Reafon for his withdrawing from the Adminiftration, That there had been levied on the Subjects, in the Years 1195 and 1196, the Sum of ijioo,iooo /. which, according to Dr. Dawnant, an ingenious and ju- dicious Writer, was equal to Eleven Millions in our Times. Campbell'* Lives of Englifi Admirals, vol. I. p. 196, ad Edit.
1 Coram Optimatiius utriuj'que Rcgni et cmni 1'opulo. Knyghton, inter Dsccm Script.
k Rex Johannes in Anglism ex Normania reverfvt, Parliamentum fuux nfjue Lincolmam ctnvtcavtratt Cbrsn, J. Brompton inter Decem Script,
20 *Tbe Parliament ay HISTORY
King John. Kind enafted at it. But, in the Year 1204, and the
. fifth of his Reign, we find a Meeting of the Nobles
nn°i*o4!m 5' called, much liker a Parliament than the laft ' ; they
A met at ®xford on tne fecond of January, but by what
t Oxford. iffnt they were fummoned is not fpecified. Here was
granted to the King two Marks and a Half of every
Knight's Fee ; nor did the Bifhops or Abbots, or other
of the Clergy, depart without a Promife of the fame.
Anno Regni 14. The Storm betwixt this King and his Barons begin- XZI3' ning to grow high, Stephen Langton, Archbifhcp of
At London* Canterbury, interpofed, and with much ado prevailed upon John to call a Parliament, or Convention of Eftates, which met at London in St. Paul's Cathedral on the 25th of Auguft in This Year. Here the Archbifhop pro- duced a Charter of King Henry I. which he faid he had found by Chance, and by which he granted to his People their antient Liberties, which had been violated by the unjuft Exactions of his Predeceffbrs, fuch as were ac- cording to the Laws of King Edward, and with thofe Amendments which his Father, by the Counfel of his Barons, did ratify. This Charter, which is ftill extant in M. Paris, being read amongft the Barons, they were much rejoiced at it ; and fwore in the Prefence of the Archbilhop, that for thefe Liberties they would, if Need required, fpend their Blood ; and making an Agreement with the Prelate to that End, they broke up without any Anfwer from the King.
KtagKtt Cbarta. Now we come to the Time when Magna Charta, or the Great Charter of our Liberties, was granted, or rather forced from this King by his Barons. This being the Fundamental Part of our Engiijh Laws, {rands in the Front of all our printed Statutes, and is the great Bul- wark betwixt the Power of the Crown and the Liberties of the Subject: For having been frequently renewed and t 2I ] confirmed by feveral A£ts of Parliament, it is, by the ableft Lawyers, called U EJlatute de Magna Gharta, Charta Libcrtatum Regni, Communis Libertas, and Chartre de Francbifes. The Reafon of its being called Magna, fays one m great Man of the Law, is becaufe of
the
1 Rex & Magnates Angliae convir.erunt, cpud Oxoniam ad Colloquium^
M, Paris. » Code's Jnflitutes, Lib, ii. Cap. 3. A poor Ginglc,
^ENGLAND. 21
the great Weightinefs and weighty Greatnefs of the Kin§ Jot>"' Matter contained in it. B . ,
This Charter was firft granted in Form by King John, ***£!£ * in the fixreenth Year of his Reign, after a long Series of Civil War between him and his Barons, of which our Chronicles give a melancholy and terrible Defcription. The King being at faft hard put to it by the Barons, de- ferted almoft by every one, and having, as M. Paris writes, only feven Lords about his Perfon, thought it high Time to footh his other angry Nobles, and therefore fent William Marefchal, Earl of Pembroke, with fome others, to the Lords, then at London, to tell them that he would grant the Laws and Liberties they defired. The Am- balTador and his MeiTage were received with great Joy by the Barons, who appointed a Time and Place, accord- ing to the King's Defire, for the Meeting.
This great AfTembly of the King and the Barons was in a Place betwixt Wind/or and Status, called Runing- At *»»'»£»«*• mede n, which is interpreted, fays Mat. Wejlminfter, the Meadow of Council; becaufe, adds he, in antient Times the Peace of the Kingdom had been frequently treated on in that Place. On the I5th of June, 1215, the King and Nobles met in this Meadow; on the King's Side appeared with him the Archbifhops of Can- terbury and Dublin^ the Biihops of London, Winchejler, Lincoln, Bath, Worcefter, Coventry, and Rochejler-, Pan- dulph, the Pope's Agent, and Mafter of the Order of Templars in England: Of Noblemen, William Mare- fcbal Earl of Pembroke, the Earls of Salt/bury, Warren, and Arundel; Alan de Galewey, William Fitzgerald, Peter Fitzherbert, Thomas BaJ/'et, Matthew Fitzherbert, Alan Baffet, Hugh de Nevile, Hubert de Burg, Robert de Roppelay, John Marefchall, and Philip de Albiney. On the Part of the Barons, fays Paris, appeared fuch a [ 22 ] Number, that it feem'd as if all the Nobility of England were collected into one Body. At length, adds our Author, after they had treated on various Subjects, the King, knowing full well that his Strength was much inferior to that of the Barons, without the leaft feeming Reluctance, agreed to fcveral Articles, and confirmed them by his Charter.
B 3 Next
n Mat. Wffimlnfltr calls it Runnemcd ; and M. Paris, RunlngemunJ. This Meeting was property neither a Convention nor a Parliament, fines not cali'd by the King.
22 The Parliamentary HISTORY
Next follows the Charter at Length in M. Paris, as a de Foreffawe^ as t^le ^harta ^e Forefta, granted at the fame Time; "which Foreft-Laws and Customs, as they could not be inferted in the fame Schedule with the former, by reafon of their Length, fays Paris, made a different Inftrument, and was witnefled accordingly. Both thefe Charters haVe been fo often printed and puhlifhed in various Au- thors and Forms, that it is unneceflary here to fay any more about them ; particularly they have lately had great Juftice done to them in a pompous Work published by William Black/lone, Efq; Vinerian Profellbr of the Laws of England, at Oxford n. This Gentlemen has traced thefe Charters, very learnedly and painfully, from the original granting of them, through the feveral Attempts of our Kings to caffate or infringe them, to their final Confirmation and Eftablifhment. A Work which re- flects great Honour upon the Author, and worthy of the Attention of every EngUJhman that would underftand the Laws and Liberties of his Country.
That our Readers may the better underftand to whofe Memories they are indebted for great Part of their pre- fent Liberties, it will not be amifs to give the Names of twenty -five Lords who were chofen by the reft, and fworn to fee that this Royal Charter was confirmed by the Pope's Bull for the greater Security of it. The Titles and Names were as follow: The Earls of Clare, Albemarlc, Glouceftcr, Winch e ft er, and Hereford; Roger Bigot of Norfolk , Robert de Fere of Oxford, Earl Mare- fchal, jun. Robert Fitzwalter, fen. Gilbert de Clare, Eu- Jlace de Vefcy, Huge Bigot, William de Mulbray, William de Huntingfilue, Richard de Mountfitchet, William de Al- lineto, the Mayor of London, Gilbert Delaval, Robert de Ros* the Conftable of Cbefier, Richard de Percy, "John Fitzrckertf William Malut^ Gee fry de Say, and Roger de Mulbray. To th. Tc Lords were alfo fvvorn> as Co- adjutors and fubfervient to them, the Earls of Arundale and W-jrren, Henry D'OHy, Hubert de Burg, Matthew Fitzherberi. Robert de Pinkeni, Roger Huf carle, Robert de Newbury, Henry de Ponte Audomarli, Radulpb de la Haic, Henry de Brentfeld, Garim Fitzgerald, Thomas KaJJet, William de Rokclant, William de Saintjohan, Alan Bajfet, Richard de Rtpanis, Hugo Beneval, Jordan de
n Oxford, at the Clarendon Prefs. M.DCC.LIX,
^ENGLAND. 23
SautvtH, Rod. Mujkard^ Richard Sibfleuvajl, Robert ^King>fr«. Ropelay^ Andrew de Beaucamp, Walter de Dune/table^ Walter Folioth^ John Faukes^ John Marefcball^ Plrilip de Albenl^ William de Parco, Radulph de Normanvile^ Wil- liam de Perci., William rfgailun^ Engerus de Prateft^ Wil- liam de Cirent^ Roger de Zuche> Roger ]?itzharnardt and Gcofry de Cracttmbe. Thefe all fwore, fays Paris, to obey the Commands of the aforefaid twenty-five Barons; and all thefe together make up the Lift of the principal Per- fons that compofed this Grand Afiembly. The King, however, was not over willing to ftick to thefe Charters of Liberties, but had many Struggles with his Barons afterwards, in order to difannul them. He died the Year following, and left his Kingdom, deeply involved in this Civil War, to his eldeft Son Henry °.
Henry III. began his Reign in the Year 1216, being King Henry III; then only Nine Years of Age. At a very dangerous and troublefome Period did this young King come to the Crown ; the Kingdom full of interline Broils, and a foreign Enemy, headed by Lewis the French King's Son, in the Heart of it. But the Barons, foon after, finding it their own Interefl to unite, did fo, and drove Lewis out of the Kingdom ; and all Things went on, in an amicable Manner during the King's Minority.
There are fome Inftances of Parliaments, or Con- ventions of the Barons, &c. being called in the Mino- rity of this King, in Dr. Black/tone's Introduction to Magna Charta, before-mentioned ; particularly one in the Year 1217, A. R. II. ttLondon^ which, the Doctor fays, has efcaped the Notice of all our antient Hiftorians, as, doubtlefs, he adds, many others have done. At this Meeting the King's Minifters, in the Name of their young Mafter, thought fit to ratify and confirm the two Charters granted by his Father p. But we have no ab- folute Certainty of any more till in the Year 1223, aAnnoRegni8' Meeting of the Barons, or a Parliament, was fummoned to London ; where the King met them, 'January I3th, At London, the fame Year q. At this Conference the Archbimop
of
° There were ievernl Scutages in this King's Reign, but as they were arbitrarily and varioufly coile£ted, they do not defcrve Notice ; who will may Ice them in a modern Hiftoiian. See Cards llijlory tf EnglauJ, Vol. J. p. 844.
P Sec BletK/fone'i Mag. C/.-jr. Introd. p. xxxix. and Note ft} p./tq- \l>.
c> £;x &d Ly;^v)iii^i vfr.tens fjm Uarnnibut ad Colloquium. M. Paris.
24 The Parliamentary HISTORY
King Henry ill. of Canterbury, Stephen Langton, and other great Men, requeued the King that he would confirm the Liberties and free Cuftoms for which a War was made with his Father ; urging, moreover, That when Lewis left Eng- land, both the King and a!l the Nobility had (worn to obferve, and caufe to be obferved, thofe Liberties ; and therefore he could not refufe to do it. Upon which William Briwerc, one of the King's Council, replied,
* That the Liberties they defired were violently extort- ed, and therefore ought not to be obferved.' The Arch-
r 2± ] bifhop of Canterbury in a Pafiion reproved him, and faid, ' That, if he loved the King, he would not hinder the Peace of the Kingdom.' The King, feeing the Prelate much moved on the Occafion, allured them,
* That he had bound himfelf by an Oath to preferve their Liberties, and what was fworn he would obferve.' And having called a Council he forthwith fent his Let- ters to all the Sheriffs in the Kingdom, to make Inquiry by the Oaths of twelve Knights or legal Men, in every County, what were the Liberties of England in the Time- of King Henry his Grandfather, and to make a Return of them to London fifteen Days after Eajhr.
Anno Regni 9. The next Year, 1 224, the King met the Archbifhops, 1224. Bifhops, Earls, Barons, and many others r, fummoned
At Northampton, to appear at Northampton^ to treat about the Affairs of the Kingdom. The King being willing, fays Paris, to take the Advice of his Great Men % concerning his fo- reign Dominions, which the King of France had then in his PolTeflion. But their Negotiations were inter- rupted by a fmall Rebellion, which at that Time broke out very near them. One Falcafius, or Fauke de Brent, had feized upon Braibrooke^ one of the King's itinerant Juftices, for fetting a Fine upon him for committing much Spoil and Rapine in the Country, and had impri- foned him in his Caftle at Bedford. The King and his Great Council being much fcandalized at fuch a bold Proceeding, ordered the Caftle to be befieged ; which it was, and taken, and 24 of the Garrifon hang'd up on the Walls of it. The Rebel himfelf found Means to fly into Wales ; but, by the Interceffion of a Bifhop, he was introduced to the King, fell down at his Feet and
implored
r Convenerunt ad Colloquium apud Northampton, Rex cum Ar Epifcopii Comitibus, Baronibus, cum tnultis aliis, M. Farist
* * Uti Confilio Magnatum. Ibid.
of E N G L A N D. 25
implored his Mercy, urging his former Services for his Kin£ IIenry UI« Pardon. The King, by the Advice of his Council, ha- ving firft taken from him his Caftles, Lands, and Goods, committed him to the Cuftody of the Bifhop of London till further Orders. After this the Aflembly granted to the King, for his great Trouble and Expences, 2 s. of every Plough-Land ; and the King, in return, granted the Barons two Marks Sterling of every Knight's Fee, [ 25 ] to be levied on their Tenants.
King Henry kept his Chrijlmas at Weftminfter in the Anno Regni w. Year 1225, where it appears that the Barons, &c. were I2ZS* fummoned. Here it was that, in a very full Aflembly of both Clergy and Laity, Hugo de Burgh, the King's Judiciary, in the Prefence of them all, declared ' The 4 Damages and Injuries the King fuftained in his Domi- c nions beyond Sea j wherein not only the King, but ' alfo feveral Earls were thrown out of their Pofieffions. ' That, feeing many were concerned, the Afliftance ' ought to be proportionable; he therefore requir'd their 4 Counfel and Aid, that the Royalties ot the Crown, and ' their antient Rights, might be recovered ; for the re- ' trieving of which, he thought, the fifteenth Part of alj ' Moveables, both of Ecclefiaftics and Laics, would be « fufficient.' This being moved by the Chief Juftice, the Peers, after fome Deliberation, returned this Anfwer to the King : ' That they would readily fatisfy his De-
* mands, if he would grant to them their long-defired
* Liberties.' To this the King confcnted, and Char- ters were forthwith writ, and fealed with the King's Seal, and one directed to every County in England. To the Counties alfo, where there were Forefts, two Charters were directed; one concerning their common Liberties, and the others the Liberties of the Foreft. The Tenor of thefe Charters are the very fame with thofe of King John, A Month after Eajler, a Day was fet to chufe twelve Knights and legal Men ", who, upon Oath, fhould diftinguifli the new Forefts from the old ones ; and whatever Forefts were found to be made after theCo- ronation of Henry II. were forthwith to be difafforefted.
The Council being ended, Charters were carried to every County ; and, by the King's Command, every
one
t Coram drcbiepifcopis, Efifcop's, Comitiius, Baronikut, et aliis Um- •verfts. M. Paris.
u Duodeum Militet et Homines Le^alet, Ibid*
26 ¥he Parliamentary HISTORY
King Henry III. one fworn to obferve them. The Way and Manner of Jevying this Fifteenth was dire&ed by the King ; and L 2° J becaule it is very particular to know how Fifteenths were raifed in thofe Days, Dr. Brady has printed the Record of it in his Appendix w. In this Parliament alfo the .Ba- rons granted the King the Wards and Marriages of their Heirs, which proved, what it was then called by thofe who had a View into the Confequences of Things, Ini- tium Mall.
The fame Year, in the Month of March, another AfTembly of the Great Men was called ; but nothing more was done at it than the Trial of Falcafius de Brent, the Rebel aforefaid; when the King, with the Confent and Advice of the Cobles, condemned him to perpetual Banifhment. This Man, fays Paris, at his going on Shipboard to his Exile, with Tears in his Eyes, bid the Meflengers that conducted him tell the King, * That ' whatever he had done was by the Instigation of the
* EngUjb Barons x.'
Thus far Matters went very even betwixt this King and his Barons ; but now Henry, being arrived at Man- hood, wanted to knock off the Shackles which were im- pofed, as he thought, on the Royal Prerogative, by the granting of the Great Charter, &c. notwithstanding he had, at his Coronation, fworn to keep them inviolably, and had publickly confirmed this Oath at feveral Times after.
AnnoRegniu. To this Purpofe, in the Year 1226, at an Aflembly
izz6. of the Peers, called to meet together at Oxford, the King
At Oxford. toM them, * That fince he was now arrived at a lawful
* Age, for the future he would be releafed from the Go-
* vernment of others, and take the Reins of it into his
* own Hands.' He then, by hhs Authority, cancelled ' Magnu Charta and Charta de Fcre/ia; giving this Rea- fon, ' That thofe Charters of Liberties were made and
* figned when he was not his own Mafter, but under the ' Government of others, and confequently could not be ' valid, becaufe he was not bound to keep what he was •forced to promife ?.' This Declaration, fays Paris, made very great Murmuring in the Ailembly ; and all
afcribed
w See theAppendix to Dr. Brady 's Cwpleat IlijJsry. from Pat. 9 H. III. M. 7. Dorjo.
x Inftinclu Majirum Regnl Anelias fecifft. M.Paris.
y C>m net fui Corforis aut Sig-iiii aliquati Patcjiaicin iabutrit. Ibid.
of EN GL AN D, 27
afcribed this Ad of the King's to the Advice of his Prime KInB Ktnr3 ni«
Minifter, Hubert de Burgh, at that Time Chief Juftice
of England \ who, adds our Authority, was grown fo
much in the young King's Favour , that no Advice but his
own was the leatt regarded. At the fame Time, it was
told the Churchmen, * That the King intended to
maintain their Liberties, provided they would all take
out new Charters, efteeming the old ones as no ways
valid. And, as a more mortal Wound to the Clergy,
a Fine was laid, not according to their Abilities, but
what the Prime Minifter demanded, that they were
obliged to pay.
In the Year 1232, the King kept his Cbriftmas at Anno Regni i6» Winchefter, and upon the yth of March following he I2r3z* met the Nobles, as well Prelates as Laics, at Wtftmin- A.tWeftminfter» Jler z : To whom he declared, ' That his late Expedi- tion abroad had involved him in very great Debt, by which he was now abfolutely obliged to require a gene- ral Aid.' To this Demand Ranulpb, Earl of Cbejler* replied, in the Name of the Noblemen, ' That the Earls, Barons, and Knights who held of the King, In Capite, had perfonally fejved him, and had been at great Expence to no Purpofe ; whereby they were reduced to Poverty ; and therefore, of Right, they owed no Aid to the King at that Time.' Then the Lay Lords, aflcing Leave, departed. The Prelates, &c, anfwered for their Parts, * That many Bifliops and Abbots, who were iummoned, were not yet come up ; and therefore de- iired that it might be deferred, and a Day appointed for all to meet together, and confult what ought to be done in that Bufinefs.' The King agreed to this, and the Meeting was fixed to be fifteen Days after Rafter.
Some Time after this a great Storm was raifed againfl Hubert de Eurgh^ the King's Prime Minifter, and Chief Juftice of England : He was accufed of feveral very high Crimes and Mifdemeanors, recounted at large by M. Paris : That he had been guilty of feveral treafonable Praclices, and given treacherous Advice to the King ; much to the Prejudice of both him and the Kingdom : That he had procured William Longefpee Earl of Sal(fbury, *• •* William Martfchal Earl of Pembroke^ Falcafms de Brent ,
and
z Convener-ant ad Colloquium apud Weftmonafterium, ad Focaliontm Rt- gi:, Miignatct Anglitc, ram Pratt Jti quern Laid, M, Paris,
28 The Parliamentary HISTORY
King Henry III, anc] Richard IVetberJbed Archbifhop of Canterbury, to be poifoned : That he had gained the King's Affections by Sorcery and Witchcraft. He was accufed alfo of Injuftice, Extortion, and Rapine. All which extraor- dinary Crimes were urged fo home againft the Favourite, before the King, that he caufed it to be publickly pro- claimed in London, that whoever had any Complaint againft Hubert fhould come before him, and Juftice fhould be done to the Offended.
Anno Regni 16. On the I4th of September^ the fame Year, 1232, the 1*3*. JGng fummoned the Bifliops and other Prelates of the Church, with the Nobility of the Kingdom a to meet At Lambeth. at ^ambetb ; by whom the fortieth Part of all Moveables, belonging to all Bifhops, Abbots, Priors, Clerks, and Laymen, was granted to the King, for the Payment of the Debt which he owed to the Earl of Britain. At this Convention alfo Hubert de Burgh was required to give in his Anfwer to the feveral Articles preferred againft him ; as it had been ftipulated by the King. But Hubert^ fays Paris, fearing that the King would put him to fome fliameful Death, thought fit to abfcond and fhut himfelf up in a Sanctuary amongft the Canons at Merton b ; waiting for a Time to give in his Anfwer when the King was in a better Humour. Henry, in a great Rage at this, fent to the Mayo.r»of London to force Hubert from his Sanctuary, and bring him before him dead or alive. The Londoners, glad of this Opportunity to be revenged of Hubert, for hanging a favourite Citi- s&en of theirs, rung the Alarm Bell, and, inftantly, near 20,000 of the meaner Sort were collected together, to whom the Mayor read the King's Letter, and defired them to be all ready in the Morning to perform the King's Commands. But fome of the graver Sort of Citizens, and richer we fuppofe, dreading the ill Con- fequence of raifing fuch a tumultuary Mob, went to the Biftiop of Winch >efter's Houie at Soutbtvark, and de- [ 29 ] fired his Advice, who told them plainly that whatever came of it they muft execute the King's Precept. Struck with this ftrange Epifcopal Advice, fays Matthew, they retired ; and accordingly next Adorning the fame Num- ber
a Epifcopi et alii Ecclcjtarum Preelati, cum Proceribus Rerni. M. Paris. b Merton in Surrey, an Abby founded by Henry 1. for Canons cf St. jSuflin, dnno uzi. Man* Ang. torn, II. f. 135,
^/ENGLAND. 29
ber of Citizens, or more, appeared in Arms, and, with King Henry ill, Colours flying, march'd towards the Sanctuary. Hubert^ when he heard of this, gave himfclf up for loft, and» throwing himfelf on his Knees before the High Altar of the Church, recommended both his Soul and Body to God. But Ranulph Earl of Cbejler had hinted to the King, that if fuch tumultuous Proceedings were counte- nanced, a Sedition might be raifed that would not be eahly appeafed ; adding, that it would be a great Re- proach to the King abroad, when it was heard that he thus treated thofe who had been his Favourites. The King was ftagger'd at this, and immediately difpatched two Meflengers with Letters to the Mayor to revoke his former Precept. The Citizens were amazed at thefe counter Orders ; but, however, notwithftanding they miffed of their Prey, they all went quietly back to their own Homes.
Thefe Things happened whilft the aforefaid Conven- tion of the Nobles was fitting at Lambeth, in order to have Hubert brought before them, which makes us fo particular in the Recital.
Hubert, however, efcaped the Fury of his Enemies for that Time ; and having foon after delivered up all his immenfe Riches to the King, it fo foften'd Henry's Heart, that if he did not wholly forgive him, yet he granted him all his Lands again ; and Hubert only re- mained a State Prifoner in the Caftle of Devizes for fome Time.
In the Place of Hubert de "Burgh, Earl of Kent, Henry foon got a new Favourite, but ten Times more obnoxi- ous to the Barons than the former. This was Peter de Rupibus, Bifhop of Wmckejler; who, with Peter de Ri- va/ly his Kinfman, now governed the King and all the public Affairs of the Kingdom. Thefe Men, being Fo- reigners, invited over into England feveral Poiflevins and Bretons, to the Number of 2000 Knights and Servants, who were placed as Garrifons in feveral Caftlcs; and to thefe the eafy King committed the Wardfhips of the Nobility; which afterwards much degenerated, by being [ 30 ^ ignobly matched to thefe Foreigners. And when any Englijhman complain'd of their Burdens and Oppreffions to the King, they were hindered from any Redrefs by the powerful Influence of the Bifhop of Winde/ler.
By
30 The Parliamentary HISTORY
King May in. By thefe Means the Flame, that burnt fo fiercely In his Father's Time, was again lighted up in the King-
Anno Regni ly-Jom . jTor fjenry having fent out his Letters, fays Paris, to call the Barons together to a Council, to be held on At Oxford, the Feaft of St. John, in the Year 1233, at Oxford, the Barons abfolutely refufed to obey the King'b Command j "by reafon, adds our Author, that they feared the Treach- ery of the Foreigners, who then fwarmed at Court ; and becaufe they had conceived a juft Indignation againfl the King, for preferring the Polftevins to his own natu- ral Subjects. This Refufal they had delivered to the King in a very folemn Manner ; who, being much ex- afperated at the Barons for this Affront offered to his Authority, took Advice of his Lawyers how he fhould compel them to obey. The King was advifed to fummon them a fecond and a third Time, to try whether they would appear or not. But one of the Council being fo bold as to tell him that it would be to no Purpofe, nor would the Barons ever obey his Mandate, or he enjoy any Peace, unlefs he would remove Pf/^r Bifhop of Win- chejler^ and Peter de Rivall his Nephew, (or his Son, rather, fays Paris with a Sneer) from his Counfels, the
And at Weflmin- King fent again to his Barons, to fummon them to meet
/«•. at IVeflminjier on the 10th of July following, and there,
by their Advice, he promifed to amend whatfoever was amifs, or by Right ought to be amended. But when the Barons had heard that the King only fought to enfnare them ; that he had actually got over from abroad a Set of Banditti, or Robbers, with Arms and Horfes for that Purpofe ; they could fee no Signs of Concord, and again refufed to come to him ; fending fpecial Meffen- gers to the King with this pofitive Demand, * That if he did not, without more Delay, difmils Peter Bifhop of IVincbeJler^ with the reft of the Poitfevins from his I! 31 3 Court, they would never obey any of his Summons, but inftantly drive him and his evil Counfellors out of the Kingdom, and ele& a new King.'
Henry was amazed, and his whole Court much ter- rified, at the Haughtinefs of this extraordinary Meflage; but yet, by the Advice of the Bifhop, he fought to repel Force by Force, feized upon feveral Manors be- longing to the Barons neareft him, declaring the reft of
them
^ENGLAND. 31
them Traitors, and that he would give their Eftates toKiflg/fcarj, III. his Foreigners.
However, the Year after, 1234, the King was better Anno Regni 18, advifed, and the Bilhops and Barons met him at Weft- minfter, in order to fettle, in this General Council, the National Difturbances. Edmund Archbiftiop of Can- terbury^ with the reft of the Prelates, went to the King and his Council, and told him, boldly and openly, « That if he would not confent to the Conditions the Lords had already propofed to him, and agree with his faithful Subjects, that he, with the Biftiops, would im- mediately excommunicate him and all his evil Counfel- )ors.' The Thunder of the Church had a better Ef- fedt on the King than the Barons Threats, and, fays our Author, he humbly and meekly anfwered the Pre- lates, That be would do whatfoever they defired. Ac- cordingly, in a very few Days, he fent Peter Bifhop of Wincbejier to his See, there to take Care of his Flock, and never more to meddle with State Affairs. Peter de Rivall he ftript of all his Caftles and Wealth which he had unjuftly acquired j affirming with an Oath, that if he did not inftantly go, into Holy Orders, and take a Benefice, he would order both his Eyes to be put out. Moreover, he banifhed all the Foreigners from his Court, and from all the Caftles they were poflefled of, into their own Country, commanding them never to fee his Face again. And thus, fays Paris, the King, having difmifled all his evil Counfellors, recalled to their Obedience his natural Subjects, and hoped, by the Advice of the Prelates aforefaid, to reftore his harrafled Kingdom to Peace and Tranquillity.
Matters continued in a peaceable State after this but Anno Regm z». a few Years. In the Year 1236 another fele<St Council At^rtcn of the Bimops and Peers was called to Merton, where the King's Marriage with Eleanor, fecond Daughter of r -2 1 Raymond Earl of Provence, was notified, and fome fo- reign Affairs tranfacled of no Confequence to our De- fign.
We called this a fele& Meeting of the Peers, becaufe, we are told, that it was only compofed of the Archbi- ihop of Canterbury, the Bimops of his own Province,
and
32 The Parliamentary HISTORY
KlogHenrj III. and the major Part of the Earls and Barons c. It was here, however, that the Statutes of Merton were made and enacted, which have ever fmce been a Part of the Statute -Law of England d.
At this Meeting, alfo, a MefTage from the Emperor was.confidered, wherein he requefted the King to fend him his Brother Richard, Earl of Cornwall, to make him General againft the French , whereby the Englijh alfo might recover their Rights. But the Emperor was defired to chufe any other ; the Peers giving for Rea- fons to the AmbafTadors, that the Prince was but young, and next Heir to the Crown if the King fhould die without Children ; and therefore it was not proper for them to hazard his Life in fuch an Enterprise. AnnoRegni ai. But the next Year following, 1237, whilft the King 1237- and his whole Court kept Chnjimas at Winchefter e, the Royal Writs were fent out, fays Paris, to every Part of the Kingdom, commanding all and fingular Archbi- fhops, Bifhops, Abbots, inftalled Priors, Earls, and Ba- tr. rons f, to appear, without Delay, rtWeftminfter, on a Day appointed, there to treat on the urgent Affairs of the Kingdom. Accordingly, an infinite Number of the Nobility, adds our Authority, from all Parts of the Nation came to London, imagining fome Matters of very great Moment were in Agitation. In Weft- minfter Hall they met, in order to know the King's Pleafure, when a certain Prieft, called William de Keley 33 ] -a Domeftic Chaplain of the King's, a Man very difcreet, and learned in the Laxvs of the Land, and one who vfas a Sort of Mediator betwixt the King and Peers, flood up, and delivered the King's Will and Purpofe in this Manner: * Our Lord the King, fays he, commands me 4 to acquaint you, that he will entirely fubmit htmfelf to
* your Advice, both in the prefent Affair and hereafter.
* Neverthelefs, he muft inform you, that the People he ' intruded with the Management of his Treafury have 4 given in falfe Accounts of the Receipts. The King,
therefore,
* Ceram Domipo Rege Henrico, e! carom •vcncrablU Patre Edmund* Cantuarienii Hrchiepifcopo, Co-Epifcofis fuis, et (cram Mcj-ri Porte Comi- tam et Baronum Noftrorum Angliz. Annul. Burton, f>. 287.
«1 See Hawkins's Edition of the Statutes at large, vol. I. p. 18, £fr.
e Scrifta Regalia. M. Paris.
f Arcbiepifc'.pis, Efifapii, Abbatibui, Prioribus injiallatis, Cmitibus, tt Baronibus. Ibid,
of E N G L A N D. 33
therefore, finding himfclf deftitute of Money, without King Henry m, which a King is a Cypher, craves Help of you to fup- ply him. In this Manner, however, that what Money you plcafe to collecl: may be made Ufe of for the King- dom's Service, in a Way that fome of you, chofen for that Purpofe, may think proper.' Not one of this Af- fembly expecting fuch a Meflage, it was received with great Difcontent. Alter in alterius jaflantes Lumina Vultus, quoth the Monk out of the old Poet, and faid to each other, Fuderunt Partum Monies, en ridiculus Mus g. The Lords anfwered, with great Indignation, ' That he ' had promifed and broken his \Vord many and many a
* Time with them ; afferting, that it was derogatory to 4 their Honour to fuffer a King fo eafily feduced, who ' never either repulfed any, or the meaneft of the Na- ' tion's Enemies, or even alarmed them ; who was fo far ' from enlarging the Bounds of his Kingdom, that he ' rather ftraiten'd and fubje£ted it to Foreigners, to ex- ' tort from them, by the fame Arguments, at fo many
* different Times, fo much Money, to the great Detri-
* ment of his own Subjects, and the Benefit of Strangers/ The King, finding his Nobles in this Temper, fought to foften them, left the Difcontent mould prove more ge- neral, by promifing, upon his Oath, * Never more to ' injure or moleft them, provide^ they would kindly grant
* him, for his prefent Ufe, the thirtieth Part of all
* Moveables throughout the Realm. He faid that he c had fent a great deal of Money to the Emperor, the
' mod of it out of his own Treafury, for the Marriage r -. ' of his Sifter.' To this it was loudly anfwered, « That L 34 •»
* he did all thofe Things without the Advice or Confent ' of his Subjects ; nor was it neceflary that they (hould ' partake of the Punifliment, who were no ways guilty « of the Crime.' The Lords, after this, withdrew them- felves into a private Place, that they might be more at Liberty to confult together on the Exigency of this Af- fair and the King's Demand : But, before they went out, Gilbert Bajjet^ a Baron, not careful enough of his Words, adds our Author, faid openly to the King, 4 My Lord 4 the King, fend fome of your own Friends to go along
* with the Barons to their Consultation.' He fat, whiift he faid this, very near the King. On the other Hand,
VOL. I. C Richard
t This is a patcfc'U up Verfe of the Monk's, from Parturiunt Mntet, &c.
34 Tfo Parliamentary HISTORY
King Hetty III. Richard de Percys much moved with this Saying, ftdod up and anfwered him, * What is it, Friend Gilbert, ' that you fay ? Do you take us for Foreigners, and not * the King's Friends ?' Baffet was reproved for his rafh and indifcreet Advice : Neverthelefs, by thefe Debates, this Meeting was prolonged four Days.
The King con- At length the King again confirmed to all his Sub- firms Magna jedls their Magna Charta, and fwore to keep it invio- hf'hld'ca'ncdlhedlable; and becaufe' %s Matthew Paris, he did not upon his coming tnmk himfelf quite free from a Sentence of Excommu- t)f Age, nication, which Stephen Langton, then Archbifhop of
Canterbury, with the reft of the Bifhops, had denounced againft all Violators of that Charter when it was made; he therefore declared, * That if he went about to break this Promife, by any new mifchievous Defign, he mould think himfelf under the full Weight of the Church's Sentence.' By this Declaration, adds he, the Hearts of the whole Audience were in a Moment changed to the King's Side ; and having appointed the Earl of Warren, ^illia?n Ferrers, and John Fitz-Geoffry, to be of Council to him, he made them fwear, ' That by no Gifts or Reward they would be drawn from the Truth ; but that they fhoulcl at all Times give him fuch whol- fome Counfel as was only conducive to the Good of himfelf and Kingdom.' After which the King's Demand was granted, and the thirtieth Part of all Moveables was t 35 3 levied thro' the Realm. The Manner how this Tax was gathered, by Officers appointed for that Purpofe, may be feen at large in M. Paris , to which, for Brevity Sake, \ve muft refer.
There are ftill extant, amongft our Records h, fome Copies of Writs for calling this Parliament, by which it evidently appears that Boroughs had noReprefentatives therein : And they fuificiently explain what our Hifto- rian has advanced, and fpecify, at the fame Time, the Quality of the particular Members which conftituted this Parliament.
It was the Cuftom of this King, when he wanted Money, to defcend to very low and pitiful Ways to obtain it; and when he had got his Wants fupplied, to fquander the Money away arnongft his Favourites with great Profufenefs. It muft be obferved though, by the
Way, J> In Bundcll, Mifccl, Temp, Hen, III, &t* Turn Lind,
of E N G L A N D. 35
Way, that thefe Demands of Money from the Nobility, KinS tony HI.
on the Part of the Crown, were the Ground-work of
one principal Point of our Liberties, ' That the Crown
cannot levy a Tax on the Subject without the Cortfent
of Parliament.' All Taxes, fuch as Scutages, Knights
Fees, &c. having been raifed before this Reign in an
arbitrary Manner.
The I4th of September in this Year was appointed AnnoRegnial* by the King and the Pope's Legate, Ottobonit for a J2r37' Meeting of the Peers at York, to treat upon fome great At Torfa Affairs that concerned the Kingdom. The King of Scots met them there, to make an End of the Difference depending between Henry and him. After much Con- fultation and Debate, it was agreed that the King of Scots fhould have three hundred Pound Lands by the Year in England^ for which he fhould do Homage to King Henry^ but fliould not build any Caftles upon it, and was to quit all Pretences to any farther Claim. We cannot omit a remarkable Anfwer the Scots King made the Legate at this Meeting, though it has been often copied by other Hiftorians. It feems the Legate told the King of Scots^ < That he intended to vifit his King- ' dom, to treat upon Ecclefiaftical Affairs there as he c did in England? Alexander replied, * That he never
* remembered a Legate called into his Kingdorn, and
* he thanked God there was no Need of any now ; for ' neither his Father nor any of his Anceftors had fuffer- ' ed any to enter, and as long as he was in his Senfes
* he fhould alfo hinder it. Neverthelefs, adds he, be- ' caufe you have the Character of a very holy Man, I
* will give you this Advice, if ever you enter my King-
* dom, that you do it very cautioufiy, left any Misfor-
' tune happen to you. A great many fierce and favage [ 36 J « Men inhabit there, that thirft after human Blood,
* which I myfelf cannot tame, and if they fet once up-
* on you, I cannot prevent them from doing you a ' Mifchief. It is not long fince, as you may have ' heard, that they invaded me and had like to have ' drove me from my native Kingdom.' The Legate hearing this, fays Paris, laid afide his covetous Defire of entering Scotland, and ftuck the clofer to the Englifo King, whom he found more obfeqilious.
C 2 Htnry
36 tfhe Parliamentary HISTORY
King Henry in. Henry having quickly got rid of his laft Supply, was
Anno Regni zi obliged to u^e tne fame Means to gain another. In the
1x37. very fame Year, another Aflembly of the Peers was
called to meet at Wejlnrinfter^ where the King laid be-
AtmjMn/kr. fore them hig Grievances, aflerting, by Oath, That his
Money was all gone, and that he was fcarcely worth a
Groat, and therefore demanded the fame Supply as the
former. After fome Difputes and much Murmuring,
this Demand alfo, being the thirtieth Part of all Move-
ables, was granted. Which Money, fays Paris, was
laid out in the fame trifling Way as the former ; and,
inftead of taking the Advice of his Nobles in the Diftri-
bution of it, he again fquandered it away amongft his
Foreigners.
Thefe Weaknefles of the King put his Nobles on 1 fome other Means of Redrefs ; and finding his Extor- tions to have no End, they were refolved to bring him to better Terms by Force. Richard Earl of Cornwall, the King's Brother, fcandalized at his Proceedings, was the firft in this League againft him. After fome Strug- gles, Henry was compelled to fubmit to fuch Terms as the Barons required, and Matters remained in a peace- able State betwixt them for fome Years '.
Anno Regni a6. We meet with no other Convention of the Eftates «4*- till the Year 1 242; when, by the King's Writ, they were all, as before, fummoned to appear at London k, At London. on Wednefday before Candlemas-Day. The old Animo- fities were here raifed again ; the Barons engaged one another, by Oath, not to confent to give any Money at all j and when the King demanded it, they anfwerfed £ 27 ] him with great Bitternefs, * That fuch were his Coun- cils, and fuch his infolent Manner of afking, that they would not do it : That he had fleeced and impoveriftied his Subjects fo very often, drawing his Exactions into Confequences, as if they were the meaneft Slaves ; and all this Money, which he extorted, had been wafted fcandaloufly; therefore they flatly told the King to his Face, That they would not be fo robbed and plundered any more.' The King, fays Paris, well verfed in Italian
Tricks
' In RymeSs Feed, Tom. I. p. 385, is fome Account of a Convention cf Eftates in 1240.
k Tor/at Anglix Nobllitat, tarn Prelatorum quam Comitum ac Baronuvij ftiundtim Regiun: Prt'tptutr., Lomlini cvnyegata eft, M. Paris.
^/ENGLAND. 37
Tricks and Illufions1, commanded them that they KInS ***? m«
fhould wait to know his Pleafure, on the Morrow, on
this and other Matters. But in the mean Time, adds,
that he drew them one by one into his Clofet fecretly, The King clofets
in the Manner that Penitents go to Confeilion to their the Barons oae
Prieft, and there, what he could not do with them all by one, to prevail
„ •' •''»•« i i on them to grant
together, he ftrove to gam by fair Speeches to them a Supply, fmgly : Promifing, amongft the Clergy, this Man an Abbey, another a Priory, and fo on, till he found he could make nothing at all of them ; for not one of them would recede from the common Anfwer which they had Avorn to flick to. Henry, growing angry at their Ob- ftinacy, faid, What, would you have me perjured? I have fworn by the blejfed Sacrament to carry my Arms againjl the King of France, in order to reclaim my jujl Rights, and without you grant me an ample Supply I am not able to perform it. Yet, neither by thefe or any other Words could he gain upon them, notwithftand- ing the politic Method he took to bring them over to his Jntereft.
He then thought proper to call before him thofe of the Barons that were his own Officers at Court, and fpoke to them in this Manner : What a pernicious Ex- ample have you fet to others f* ICou who are Earls, and Barons, and mighty Men at Arms, ought you, tho' others are intimidated, to tremble like a Set of Bifnops and Priejis ? Tou ought to be mere eager to defend the Rights of the Crown, and, by Deeds of Arms, oppofe yourfelves againft all its Enemies. I called this AJfembly tojlrengthen and defend my Rights, with a fure Expectancy, that they would fuffer my Affairs to go on profperoujly, after the Example of Wales, where of late we fo happily tri- * ~ * umphed. And with what Face can you leave me your Sovereign Lord, with the heavy Burthen of State upon me, fo poor and defolate ; especially when you know my Promife (0 go abroad, end that I have fworn Jlriftly to perform it? When the Purport of this Speech was made known to the whole AfTembly, they returned the King this Anfwer : * Your Majefty gives us great Occafion
* to wonder into what Gulph you have thrown that
* vaft Quantity of Money, which, by various and cruel 4 Extortions, you have raifed, as well from Churches
C 3 < kept
I Romanorum vfu: vetfutis Falladit* M, Paris,
3 8 The Parliamentary HISTORY
King firm? III. < kept vacant, as from the Lands of the Nobility;
* creating Horror in the Minds of the Hearers. Be-
* fides, you have called over certain Legates, or thofe e that did the Office of Legates, into this Kingdom, « that, like Gleaners after the Vintage, have plucked
* from us all the Money we had left. It is therefore ' lefs to be wondered at, that without the Confent, or
* even Advice, of the Nobility of England, you have « involved yourfelf in fuch difficult and dangerous Ne-
* gotiations ; flaking your Faith to thofe that have none; c and, defpifmg the Favour or Efteem of your own
* Subjects, you have brought yourfelf into a very doubt- ' ful State of Fortune. The League that was made
* betwixt the King of France and you, and which you
* fwore from your Soul to keep inviolably to the End, ' being tranfacted alfo by your moft Noble Brother ' Earl Richard and Earl Roger Bygot on your Part, you « have moft difhoneftly and fcandaloufly broke.'
Thefe, with fome other Matters, being urged home to the King, he fell into a very great Rage, and fwore bitterly, 'That be would not be binder ed of his Defign by any Thing they could fay or do j but that he intended to begin the War in France, in a very Jhort Space of Time, let the Confequence be wh'at it would. And thus, fays our Authority, this Council was diflblv'd with very great Heart-burnings on both Sides. However, left this An- fwer of the Barons to the King fliould be forgot, or mifconftrued, it was thought proper to reduce it into _ Writing; which, being in the Nature of a PROTEST, •- 39 J is the firft of that Kind we meet with in Hiftory ; we lhall therefore give it at Length as follows :
The PROTEST ' O^NCE, by the King's Command, the Lord Arch- of the Bifhops, * j^ bifliop of York, the reft of the Bifhops, Abbots, Abbots, Priors, < and Priors in England, by themfelves or Proxies, alfo
font agabftBtLC a11 the Earls' 2nd moft of the Barons of England, have
King's Demand ' nict at Weftminfter, on the Wednefddy before the Pu-
for Money. t rificatiOn of the Bleffed Mary, in the Year of our
' Lord One Thoufand Two Hundred and Forty-two,
' and in the Twenty- fixth of the Reign of Henry III. to
« hear the Will and Pleafure of the King, for which he
* fummoned them : And the faid Lord the King fend-
5 ing unto them the faid Archbifhop, with the Noble
* Loid
of E N G L A N D. 39
« Lord Earl Richard, and Matter Walter of York, Pro- King Henry III, ' volt of Beverley^ as his folemn Meflengers, to notify
* to them the King's Mind and Bufinefs, and to afk the ' Advice and Afiiitance of the Lords in fuftaining his
* Hereditary Dominions beyond the Sea, that regard ' his Kingdom of England : Therefore the faid Bi- ' (hops, Abbots, Priors, Earls, and Barons, taking the ' King's Meflage into their ferious Confederation, re- £ turned the King, by the fame Lords, this Advice, ' viz. That the King fliould wait untill the Truce be-
* twixt him and the French King was expired ; and if ' the faid King of France fliould chance to enterprize 6 any Thing againft the Form and Tenor of the faid
* Truce, that then the faid King of England fliould ' fend unto him folemn MefTengers to afk Advice, and
* to put the faid French King upon holding the faid ' Truce, and forbearing thofe Enterprizes, if they were ' made by him or by his Subjects. That if the faid
* French King refufed to do this, that then they freely, ' to this Advice, would lend all their Aid and Affiftance, 6 which they all unanimouily confented to. Lilcewife, ' that fince he had been their Sovereign Lord, they had ' many Times granted him Supplies; firft, the thirtieth ' Part of all Aloveables, after that the fiftieth, and then ' the fixtieth ; a fortieth Part on all Carucats and Hides ' of Land ; many Scutages, and one very great Scutage
* for the Marriage of his Sifter to the Emperor. After T 40 1 ' all this, truly four Years were fcarce elapfed, but he
' again fought another Aid, and at laft, after much ' Intreaty, a thirtieth was alfo granted him ; with this c Condition, however, which he ratified by Charter, ' That neither this nor any former Exactions fhould
* ftand as Precedents for others. Befides this, the King ' then granted to them, that all Liberties contained in
* Magna Charta fliould, in a more ample Manner, be ' held thro' his Kingdom; and to that End gave them a
* fmaller Charter in which it is fo included. Add to « this, that our faid Lord the King, of his own free Will, ' and by the Advice of his whole Aflembly of Barons m,
' granted
m The Word that M. Pans makes ufc of here, and in fome other Places, is Barnag itim, Concilia tod us BARXARII sui 5 the Editor thereof, Dr. fays in his GhJJory, on this Word, That it is foretime* wrot'-. which, lays he, every one knows to mean ftritf iy the Houfe
of
40 The Parliamentary HISTORY
King Hairy in. < granted to them, that all the Money rifing from this
* thirtieth Part ftiould be laid up fafely in the King's ' Caftles, under the Guardianship of four Englifo^Nob\c-
* men, the Earl Warren and others, by whofe Direction ' and Advice the faid Money fhould be difburfed for the « Service of the King and Kingdom whenever it was
* neceffary. And becaufe the Barons never knew nor
* heard that the faid Money was expended by the Advice
* and Confent of the aforefaid Lords, they do verily be-
* lieve that the King is (till poflefled of that Money,
* and therefore cannot now have Occafion for more.
* They are likewifewell acquainted that,fmce that Time,
* he has had fo many Efcheats, as that of the Archbi-
* {hoprick of Canterbury, and other rich Bifhopricks of
* England, as well as of the Lands of the deceafed Earls, ' Barons, and Knights, who held of him ; that, even by ' thefe very Efcheats, he ought to have a large Sum of ' Money by him, if it was properly taken Care of. Be- ' fides, from the Time of giving that thirtieth Part, his 4 itinerant JufHces have not ceafed to make their Cir-
* cuits through all Parts of England, as well as with r jj I ' Pleas of Foreft, and with all other Pleas, fo that every
' County, Hundred, City, Town, and almoft every ' Village in England, has been grievoufly amerced ; and
* by thefe Circuits alone great Sums of Money have
* been collected for the King's Ufe. From all which ' they can well aver, that the Kingdom is fo burdened
* and impoverished, that they have little or nothing left ? for themfelves. And becaufe that our Lord the King,
* after the Grant of the laft thirtieth Part, never kept
* to his Charter, therefore it more than ufually troubled ' them ; and fince, by another Charter, he granted
* that thefe Exactions fnould not be made Precedents, ' therefore they pofuively made Anfwer to their faid ' Lord the King, that they would not, for the prefent,
* grant him any Aid. Neverthelefs, as they acknow- ' ledgcd him to be their Sovereign Lord, they fhould ' be willing to give him the beft Advice in their Power,
4 if
of Lords, or Upocr Houfe of Parliament. Whether they are Dukes, Mar- quifles, Earls, Vifcounts, Barons ; or, alfo, Biihops, and anciently Abbots and Priors who held their Baronies of the King. This feems a pretty ftronc Evidence, that the Commons of England had no Share ia thcf; AfTemblies at that Time,
of E N G L A N D. 41
< if he would carry himfelf well towards them to the End King Vtnry HI,
* of the faicl Truces.'
When the Lords, appointed for that Purpofe, had waited upon the King with this Answer to his Demand, they returned to the Ailembly, and told them, ' That ' the King defired to know of them, what they propofe
< to do if the French King fliould break the Truce before « the Expiration of it? They promifed alfo, on the King's ' Part, that if he had injured any particular Baron, that
* he would make Reparation, as the Lord Peter of Sa-
* vay, and others of his Council, fhould think fit to ad-
* vile.' To this the Lords reply'd, c That if the King of ' France fhould break the Truce, and would not forbear
* his Enterprizes, then their Counfel was the fame they ' had given to be done at the End of the Truce, provided « they were fatisfied of the Truth of thefe Facls. As to ' that which related to particular Injuries received from. ' the King, they would not, at that Time, enter into ' Pleadings with him about them. That, on the Grant « of the laft Thirtieth, the fame Thing was promifed on
* the King's Part, as well and faithfully, by William de c Kele ; and how well the King had kept his Promifes, « he himfelf beft knew.'
We (hall not flop to make any Obfervations on thefe [ 42 ] fevere Remonftrances of the Barons to their Sovereign ; let each Man pafs his own Cenfure. It muft be owned, however, that they treated their King very cavalierly in thofe Days ; and the Hiftorian we quote from does not at all mince the Matter in the Recital n.
In
» Matthew Parity a Monk of St. Albai?), was Hiftoriographer to Henry the Third, and received an annual Stipend from him j he died in the Year 1259, the 43d of that King; his Hiftory was continued to the End of that Reign by one William Rijhangcr, who was alfo a Monk of that Abby, the King's Hiftoriographer, and received Matthew's Stipend. It muft be owned that thefe Monks have done great Juftice to the Hiftory of their own Times, and have neither fpared King nor Pope in the Courfe of it j a Virtue rarely found in the Hiftoriographers of thefe Days, whether Royal or Ecclefiafti- cal.
But Dr. Brady obferves, That the old Monk is here guilty of a great Piece of Jnconfiftency in his Account of this Meeting. He firft mentions much ill and harft Language which was giyen the King, by the Great Men, Face to Face ; and in the Relation that immediately follows this, which Parn fays was written as a perpetual Memorial of the Barons' Anfwer to the King, it appears that they never fpoke or had Conference with the King, but heard his Pleafure, and the Rufmefs he had with them, from his Com* taifiioners there named. Brai?y'.s Cwftca: lliftsry, p. 5X3,
^.2 The Parliamentary HISTORY
King Henry HI. Jn the Year 1244, this King fummoned another Af- Anno Regni 28. feebly of the Great Men to meet at Weftminfler ; and 1244. 'fitting in State amcngft them, in the Refectory of the At Weflminfter. Abbey, there, fays Paris,, f With his own Mouth afked ' a pecuniary Aid from them.' The King's private In- tention was to reduce the King of Scots j but he openly pretended that having, by their Advice, pafled into Gaf- coigny the Year before, by that Undertaking he had con- tracted great Debts, from which he defired them to re- lieve him. The Barons anfwered, ' That they would * confult about his Propofal.'
The Archbiftiops, Bifhops, Abbots, and Priors, with- drew by themfelves to treat of this Affair ; and then they afked the Earls and Barons to confent to what they had refolved upon ; who anfwered, That they could do no- thing without the whole Community. It was then agreed to by all, that from the Clergy fhoulcl be chofen this Com- mittee, the Archbifhop Ele6t, Boniface, of Canterbury 5 the Bifhops ofWinchejler, William Ralegh ; Lincoln, Ro- bert Grojlhead ; and Worcejler^ Walter de Cantilupe : On the Part of the Earls, were Earl Richard, the King's Brother, Earl By got, the Earl of Leicejler, Simon Mont- l 43 ] fort, and the Earl Marefchal : Of the Barons Part, Richard de Mont fitch et, John de Baliol, with the Abbots of-Ramfey and Bury. What thefe twelve fhould do was to be communicated to the whole, that nothing might be offered to the King which had not the common Af- fent.
Now, becaufe the Charter of Liberties, which the King granted fome Time ago, and for which Ed- mund, the Archbifhop of Canterbury, on Behalf of the King, had fworn to obferve, was in no wife kept ; and becaufe the Aids that had fo often been given before were not ufed to the Advantage of the King and King- dom ; and, likewife, by Default of the Chancellor, Writs were granted and iffued, contrary to Juftice ; therefore it was defired, c That fuch a Chancellor and c fuch a Juftice might be chofen, as would fix the State
* of the Kingdom on its old Bafis/ The King, left he fhould feem to do any Thing new by Compulfion, would not grant the Petition of the Nobles; but promifed,
* That he would amend what he had heard was amifs.' Upon this the Aflembly was adjouroed for three Weeks j'
and,
of E N G L A N D. 43
and if in the mean Time the King ftiould, of his own King Henrj ill*
Accord, chufe fuch Counfellors that would manage
the Laws and Rights of the Kingdom to the Satisfa&ion
of the Nobles, then they defigned to give him an Aid ;
yet fo, that it fhould be expended to the Advantage of
the Kingdom, by the Advice of the Committee of Twelve
before- mentioned.
When the King faw that he could do nothing with them all together, he tried the Clergy apart again j and having got the Pope's Letter to them, in which he re- quired, admonifhed, and exhorted them to give the King a liberal Donation of Money ; their Anfwer was, « That c they were engaged, and could do nothing without the e common Confent of the Eftates concerned with them.' An Anfwer very memorable, and which has been rarely imitated by the Clergy in fucceeding Ages !
This Great Council had contrived a new Kind of Go- vernment, which they intended to have offered to, and put upon, the King ; which was, that four of the moft potent and difcreet Men of the Kingdom fhould be cho- C 44 3 ien by common AfTent, and fworn of the King's Coun- cil, who fhould tranfact all Affairs of the King and Kingdom, and (hould do Juftice to all without Refpec~l of Perfons Thefe Men were to follow the King, and. two of them, at leaft, were always to be prefent with him, that they might hear the Complaints of all Suffer- ers, and relieve them. The King's Treafury was to be managed by them, and all Aids were to be laid out as they thought neceflary for the common Good. They were to be Confervators of the Liberties ; and as they were chofen by common Aflent, fo they were not to be removed out of their Office but by the fame common Af- fent ; and when one died, another was to be chofen by the three Survivors. Without their Confent the Great Council was not to meet ; but if they {hould think it convenient or neceflary, it was to be convened at their Pleafure.
This Project did not take Effect, becaufe the Counfels of the Clergy were diftra&ed by the Pope's Legate, Martin, who came accidentally at that Time with Let- ters to require a great Sum of Money of them, in order to pay the Debt which had been contracted by his Pre- deceflbr. Pope Gregory^ in the War for the Catholic
Faith,
44 The Parliamentary HISTORY
King Hwy ni- Faith, Eccleflaftical Liberties, and the Patrimony of the Church ; and he fufp«nded all Men from prefenting to Benefices which were thirty Marks annual Value, or upwards.
The King orders The Great Men and Prelates met at London, accord- the Bifhops to ing to the Time of Adjournment, to treat about the De- excommunicate mand of an Aid ; where the King again renewed to them, vlo^Magna and. P™mifed entirely to keep, ^the Charter of Liberties, fbarta. which he had fworn to at his Coronation ; and gave the
Bilhops Leave, in their refpe&ive Diocefes, to excom- municate himfelf and all others that fliould aft contrary to its Intent in any Article. Yet, for all this, he could only obtain twenty Shillings of every Knight's Fee, of thofe who held of the King in Capite, towards the Mar- riage of his eldeft Daughter j Half to be paid at Eajler^ and the other Half at Michaelmas following.
Henry met with fomewhat worfe Treatment from r ,jr ] another Afiembly of his Barons, called alfb in this very Year, 1244; when the King, fays Paris, with great Earneftnefs, not to fay Impudence n, demanded a pe- cuniary Aid of thofe whom, adds this Author, he had fo often injured in this Manner, and laughed at them for it. But this, we find, was as refolutely denied, with one Accord, by the Barons, even to his Face, at a Time, when our Author owns, that the King was going with a very numerous Army to reduce Wales • in thofe Days a very troublefome Neighbour to the EngHfo Borderers on that Country.
Denied any National Affiftance, it is no Wonder that this King became fo poor and indigent, as to be obliged to ftoop to feveral Meannefles for fupplying his Coffers, another Way. Paris writes, That he owed fo much Money, and to fo many People, for even the very Ne- ceflaries of Life, that he durft fcarce appear in Public for the Clamours of his Creditors °.
AnnoRegmjo. In a Parliament held at London in the Year 1246, "46^n there were fome fevere Laws made againft fuch as rob- bed
» Inftantijflmet ne dicam tmfudfntljjime. M. Paris, fub /Ir.no 1244.
o This King's Defence againft his fturdy Barons, in lelation to their ill Ufage of him, was undertaken by Sir Rohert Cotton in a fmall Treatife, called, A fivrtVinu of the kng Reign of Xing Henry III. London, 1642, a Time when Altercations of the fame Sort patted betwixt King C'carks and his Parliament : And yet this fame Sir Robert Gotten made a very warm Speech in the firft Year of that King's Reign, againft the Grievance* then complained of,— This Speech will appear under its proper Period,
^ENGLAND. 45
bed Parks or Warrens. If the Malefactor fled, and was King Henry ill.
killed in the Purfuit, there was neither Law nor Appeal
allowed for his Death. If any Earl, Baron, or Knight
complained to the King that his Deer were ftolen, an
Inquifition was made by the King's Writ ; and if he
that was indicted was convicted of the fame, he was to
lie in the King's Prifon a Year and a Day, and to pay
three Years Value of his Eftate, having juft fufficient
allowed out of it to maintain him ; after which the King"
was to have two Parts, and he that received the Injury
one ; then the Convict was to find twelve Sureties that
he fhould never do the like again, in Parks, Warrens,
or Forefts, nor do any other Thing againft the King's
Peace ; of all which his Sureties were to anfwer for his
Body and Tranfgreffions. Alfo, if any one was taken r .g -i
in a Park or Warren, without the King's Writ of In- >• 4 J
quifition, he was to be imprifoned, fined, and to give
Sureties as before.
But, in this fame Year, am oft general Parliament P, Anno Regni 30, fays Paris, of the whole Kingdom, met at London, ac- *246' cording to Summons, about an Ecclefiaftical Affair of the utmoft Confequence to the Nation. It feems the At *' Pope had been ftrongly follicited by the King to remove ieveral Grievances which were greatly complained of, and which he had promifed to reform. The Subftance of thefe Grievances was as follows q :
1 . * That the Pope, not content with the Payment ' of Peter-Pence, opprefied the Kingdom, by extorting
* from the Clergy great Contributions, without the
* King's Confent; againft the antientCuftoms, Liberties, 6 and Rights thereof ; and againft the Appeal of the Proc- ' tors of the Kingdom, in a General Council at Lyons.
2. ' The Church and Kingdom were greatly injured, ' in that the Patrons of Churches could notprefentfitPer-
* fons to them, becaufe they were given by the Pope's « Letters to Italians, who underftood not the Englijh ' Language, and carried all the Money out of the King-
* dom, to the great f mpoverifhment of it.
3. c The Nation was opprefled by the Pope's Exac- ' tion of Penfions from Churches, and by Italians i'uc-
* ceeding Italians. t ^,,
P Parfiamentufn generaUJJimum, viz. Prjelatorum, tarn Epijc&porum jua* j1f>liatum et Priorum, Ccmitum quoqut ft Barvnum. M. Fails, \ M, Paris, Anno 1246. Anna!. Men. Burton, p. 307.
46 ¥be Parliamentary HISTORY
King Hemy III. 4. c The Englijh were forced to profecute their Rights, f out of the Kingdom, againft the Cuftoms and written ' Laws thereof j and againft the Indulgences granted by ' the Pope's Predeceffors to the King and Kingdom of
* England.
5. c The Church and Kingdom infinitely fufFered by ' reafon of the Claufe of non obftante, which weakened c and enervated all Oaths, antient Cuftoms, written
* Laws, Grants, Statutes, and Privileges. And,
6. ' That in the Parifhes where the Italians were
* beneficed there were no Alms, no Hofpitality, no r 1 * Preaching, no Divine Service, no Care of Souls, nor L 47 J f any Reparations done to the Parfonage-Houfes.'
The King, in Confideration of thefe Papal Ufurpa- tions, had fummoned this Parliament j and at the Meet- ing conferred with the Bifhops apart, the Earls and Ba- rons apart, and the Abbots and Priors apart, in order to find out their Sentiments, and the propereft Way to get thefe Grievances removed. The Refult of all was to try the mildeft Way with the Holy Father ; and it was agreed that the King fhould write fingly to him, the Bi- fliops by themfelves, the Earls and Barons by themfelves r, and the Abbots and Priors by themfelves. All which Letters are preferved by M. Paris, and, by their hum- ble and fubmiflive Stile, evidently fhew that the Fear of the Vatican Thunder, Bulls, Interdicts, &c. was terrible in thofe Days. Notwithftanding thefe reafon- able Remonftrances to the See of Rome* we do not find that they produced any Effect, for the Grievances com- plain'd of continued through the Courfe of this whole Reign.
&ano Regni 32, In the Year 1248 was called, by the King's Writ,
1248. another Aflembly of the Nobles to meet at London^ in
order, fays our Author, to treat of the Affairs of the
At London. King(jorn> at that Time fadly difturbed and much im-
poverifhed. There came to this Meeting, befides the
Barons,
* The Preamble to thtf Barons' Letter runs thus : San&iffimo Patri in Cbrijlo carij/imo, J. Dei Gratia univerfalis Ecclefne fummo Pontifici, devot: Ft/it Richardus Comes Cornubia?, Simo <3e Monteforti Comet Leyceflrias, "Willielmus de Ferrariis Comes Dcrbeix, Humphredus de Bohun Comes He- refordiie et Effexis, Rogerus de Bigot Coma NorfoJkiaJ, Richardus Ccrr.cs Glouctftrias et Heitfordiae, Richardus Comes Winton, Willielmus Coir.es Albemarlias, Henricus Canes Oxonias, et alii totius Anglix Earoncs, Pro- ceres, et Magnates, ac Nobiles, Portuum Man's Habitat ores, ntcntn et Citrvf ft Pofulust Salutim, M, Paris, jlntial, Buitoa,
of E'-N GLAND. 47
Barons, Knights, Noblemen, Abbots, Priors, and a King Henry HI.
great Body of the Clergy, nine Bifhops ; alfo Earl Ri-
fbard the King's Brother, the Earls of Gloucejler, Lei-
ce/ler, Winchejler, Hertford, Roger Bygot Earl Mare-
fchal, the Earl of Oxford ; likewife the Earls of Lincoln,
Ferrers, Warren, and Peter of Savoy , Earl of Richmond.
Boniface, Archbifhop of Canterbury, was not at this
Meeting, he being engaged at that Time abroad in fome
Affairs with the Pope. The old Demand, the Want [ 48 ]
of Money, was urged again at this Time, and the fame
Murmurings began on the Part of the Barons againft it.
They faid, ' They admired the King did not blufh at
* making fuch a Demand of them ; becaufe he had gi-
* ven them his Charter, when the laft Demand was
* granted, to which the Lords fcarcely confented, that
* he would not again load his Subjects with fuch Exac- ' tions : That he was greatly to blame -for his indifcreet ' callingoverofForeigners,on whom all the good Things ' of the Kingdom were fcandaloufly and prodigally wa- « fted : That even, the Daughters of the Nobility were,
* by his Means, married to ignoble Strangers, without 4 their mutual Confent, which is the Cement of Matri- e mony; and his own natural-born Subjects fetafideand « defpifed. He was blamed alfo, and not undeferved- « ly, fays Paris, that whatever in Eatables, Drinkables,
* or even in his Robes, but particularly in Wines, that
* he ufed, his Cuftom was to take them by Force from c the lawful Owners and Venders of them ; by thefe
* Means greatly injuring his own Subjects, as well as
* foreign Merchants who brought Goods into this King- ' dom. And thus Trade, by which Nations enrich
* each other, would be ruined s : That the Nation was « fcandalized and impoverished, the Merchants got no-
* thing from the King but Law-Suits, or fome mean
* Trifle in Return, whence Thoufands of terrible Curfes
* are called down on him, to the Danger and Difgrace
* of the whole Kingdom. Moreover, that, in order to
* get greater Gifts and Premiums frcrm thefe Merchants, « he had feized upon their Wax, Silks, and other Mer- ' chandize, in order to make them pay for the Return ; ' to the Difhonour of himfelf and the whole Kingdom ;
* not without grievous Offence to God, That, in all
< thefe
* A rcmaikable Nation of the Advantage of Trade e\ren in thofeDays !
4-S The Parliamentary HISTORY
King Beery in. « thefe Things, he fo tyrannized, and ftudied to be cruel, 'that even the poor Fifhermen on the Sea Coafts, who
* take Herrings, or other Fifh, were not permitted to
* difpofe of them according as they liked, nor dare the ' Inhabitants of the Towns on the Sea-Coa$s purchafe
». -. * them ; but the poor Men thought it fafer to put to Sea
I 49 J t with them, even in ftormy Wheather, in order to dif-
' pofe of them in foreign Markets. That thefe miferable
'• - * Traders were fo cruelly treated by the King's Colledtors,
* that Punilhment was added to Lofs ; for after receiving • ' Injury upon Injury in their proper Perfons, their Carts
* and Horfes were taken away from them, and driven
* into fecret Places. That he kept in his Hands feveral
* rich Bifhopricks and Abbacies, founded by their pious
* and noble Progenitors, and made himfelf both Guar-
* dian and Governor of them, to their utter Deftruclion ; ' contrary to the folemn Oath which he, principally,
* fwore at his Coronation. Laftly, the King was very
* much blamed, by all and fingular the Complainants,
* that he had neither Chief Juftice, Chancellor, nor
* Treafurer in his Council, as he ought to have, and as ' his moft Noble Predeceffors had before him j but thole
* Officers he had were allowed to do their own Will and
* Pleafure, provided he gained thereby; not promoting
* the Public Good, but feeking only their own Prefer- c ment, being fuffered to get as much Money as they
* could, provided his Cuftoms and Rents were but firft 4 paid.'
The King, when he heard all this, was much con- founded within himfelf, and afhamed, fays Paris, be- caufe he knew it all to be very true. He promifed, therefore, ' That, certainly and truly, all thefe Faults
* fhould be amended ;' hoping by this Humility, tho* v it was feigned, to bend their Hearts to the granting his
Demand more eafily. But the Barons, more exafperated at this feeming Complaifance, anfwered again, * All this
* will be made manifeft in a little Time ; we have « waited hitherto patiently, and as our King carries to
* us, fo we in all Things will behave towards him.' Thus, adds our Author, Matters were delayed and poftponed, from" Candlemas, when this Convention met, to the Feaft of St. John Baptijl> to which Time they were prorogued.
Jn
of E N G L A N D. 49
tn the mean while the King, either of his own Head, King Henry III. W by the Advice of his Courtiers, who could not bear the leaft Retrenchment of the Prerogative, became more hardened and more exafperated againft his Barons ; fo [ 5° 3 that the aforefaid Grievances ftill remained unredrefs'd. Anno Regni
At the Day appointed all the Nobility met again at 1248. London, and were received by the King with the follow- At London, ing Speech :
My Lords and Peers of England,
tyO U are all of you willing, I find, to have my Mind^* King's -* bent to your own frills, and have not treated
at all civily in this Matter. You would have monftrances of me jubmit to your Pleasure, and yield to any Terms that tae Barqnst .you think Jit to offer. By this you tmpofe a very jlavijh Condition on me, and deny me that Liberty and Authority which every Mafter exercifes in bis own Family. For, furely, every Mafter of a Family may ufe whofe and what Counfel he pleafes ; and, in his own Houfe, put in or put B'ut what Officers he thinks fit ; yet all this you prefume to deny to your Lord and King. As Servants, therefore, ought not to judge or impofe any Difficulties on their Mafter s,ft> rteitber jhould Vajj'als any on their Prince. The Servant is not above his Lord, nor the Difciple above his Mafter; and what is your King more than your Servant, if he is tt> obey your Commands ? Therefore my Refolution is, neither to remove the Chancellor, Jujliciary, nor the Treasurer, at your Pleafure ; nor will I appoint any other. 1 expeft a fufficient Aid of Money from you for the Defence and Re- covery of my Rights beyond Stat in which you are alfo equally concerned,
To this fmart Speech from the Throne, the Barons •uhanimoufly returned this fhort Anfwer, ' That they « would no longer impoverim themfelves, to enrich
* Foreigners, as they had formerly done, when they
* gave Money for the King's Expedition into Gafcoigny
* and PoiRou? And thus this Parliament was diflblvecl without any Satisfaction either to their Sovereign or themfelves : But the King was hereby reduced to fo great aNeceflity, that he was obliged to expofe to Sale his Jewels, Plate, and other rich Utenfils of his Houfe J •which Veflel'3, though they were curioufly wrought an4
Vol. I. ' D gilded,
$o ¥be Parliamentary HISTORY
King Henry III. gilded, were not fold according to their Value, But Weight. The King had the Curiofity, fays Paris, to inquire who could buy thofe rich Veflels ; he was an- [ 51 ] fwered, they were fold at London ; Yes, fays the King, 1 know very well, that if the Riches of O&avius Caefar were to be fold, the City of London is able to buy it all : Thofe London Clowns, who call thetnfelves Barony adds he, are fo full of Riches, that they are glutted with them ; that City is an inexhauftible Spring of Wealth.' Upon this Occafion, fays our Author, the King took it into his Head to fleece them, which he afterwards did moft effectually.
It was three Years after this before the King thought •"' ^ ', fit to call another Parliament. We may ftile it now a great Parliament, becaufe our Author, Matthew Paris, calls it here fo, for the very firft Time l. From whence we may reafonably conclude, that this Word Parlia- ment, of Norman Extraction, was then come into Ufe. And, indeed, if this Appellation is derived, as the Lord Coke fays, from fpeaking ones Mind, it could not be applied to any Period of Time, or to any Reign, more properly than to This we are now treating of.
AnnoReeni «e. ^n March, 1251, a great Parliament was held at 1x51. ' London, in which Henry de Bath, Chief Juftice of Eng- land, was called upon to anfwer to feveral Crimes and At London, Mifdemeanors alledged againft him. The King himfelf was his Profecutor, and therefore his Adverfaries loaded him the heavier. The King was very angry with the Juftice, that he came thither, as it were, guarded by a great Number of armed Men of his Wife's Kindred and his own, a§ well as all his Servants ; he accufed him more highly than the reft, laying to his Charge, amongft other Things, That he was a Diflnrber of the whole Kingdom, by exafperating all his. Barons again ft- bim, from which a general Sedition might be expeSled. Therefore the King caufed it to be proclaimed by the common Cryer at London, and in Court, that if any Perfon had any Caufe of Action, or Complaint, againft Henry de Bath, they mould come into Court before the King's Prefence, and there they fliould be fully heard. [ 52 ] BV thefe Means many Complaints were urged againft him j and one of his own Brother Juftices openly proteft-
ed,
t Eodemdnno, fell, izci, bablsum tfl Parlhmentutn magnum Lon- «rmi. M.Paris.
^ENGLAND. 5I
fed, That he fuffer'd a very great Villain, imprifon'd and King Hmry ill, convict, to efcape unpunilhed, having received feveral very rich Gifts for thatPurpofe j an Offence of very great Prejudice to the King's Authority, znd no fmall Dan- ger and Scandal to the reft of the Juftices his Brethren. Upon which, fays Paris, the King being much pro- voked, mounted up on High, and called out with a loud Voice, That if any Man whatfoever will kill Henry cle Bath, he Jhall be acquitted of his Death , and I pro- yiaunce him acquitted accordingly; and then the King withdrew haftily. There were many prefent, adds Paris, that would have done this Lord of Bath's Bufinefs for him foon, had not the Lord "John ./kfa;z/*/interpofed, and prudently check'd their Fury. « My Lords and Friends, fays he, I am not againft profecuting him, but it is not neceflary at all to be thus in Anger ; perhaps our Lord the King, by this Time, repents his thundering out this rafh Expreffion : Befides, if you lay violent Hands on Henryy behold the Bifliop of London will excommunicate you, and his Military Friends may revenge his Death.' Thus, in a great Meafure, their Fury was appeafed ; and Earl Richard^ with the afore- faid Bifhop, taking up the Matter, Things were carried with more Moderation againft him. The King being afterwards privately informed, that there might be fome Gain in the Cafe, and a certain Sum of Money being promifed, the Pri loner was releafed both from Death and Bondage ; and in a very fhort Time after, on the Payment of 2000 Marks, was reconciled to the King, and entered again into his Office, as if nothing had happened.
It does not appear that any Demand of Money was made, or any other Bufinefs done at this Parliament.
In another great Convention of the Eftates of the Anno Regni -6, Realm, which met, by Summons, at IVejlminfter^ at 1252., the latter End of the Year 1252, and continued, by Adjournment, till after Eajler^ in the Year following, the Exactions of the Pope on the Clergy of England was the great Subject of Complaint; in regard that, be- fides his other Claims, he had now demanded a Tenth of all the Goods of the Clergy for his own Ufe. The [ 53 J Hiftory we quote from does not mention what was done to alleviate this Complaint j and only adds that, at D 2 the
£2 The Parliamentary HISTORY
King Henry III. the next Meeting, by Adjournment, a Curfe was de- nounced, in the moft folemn Manner, by the Arch* A folemn Ex- bifllop °f Canterbury, and thirteen other Bifliops, in communication Pontificalibus^ againft all and fingular Perfons that fought pronounced by to infringe the Liberties of Holy Church, and thofe of Parliament' " the Great Charters. This Ceremony was performed againft fuch as before the King in the Great Hall at IPefiminfter ; the violate the Great Form of the Sentence, or Anathema, itfclf is preferv'd in arters. tke Annals of Burton, and in one or two more of our
old Hiftorians, under this Year ; and, no doubt, was a terrible Piece of Church Thunder in thofe Days ".
The
u We fliall give it in its own Language as follows : Anno Gratite M.CC.LIII. tertio Idus Mali, in ihajorl Aula Regia Weft- monafterii, fub Prafentia & A/enfu Domini H. Dei Gratia Regii Angliae illujiris, & Dominorum R. Comttis Cornubiae Fratris fui, R. Cumitis Nor- fochiae fif Suthfochias, Marefcalli Anglias, H. Csmitis Hereford, H. Ccmitit Oxoniae, J. Ccmitis Warren, & aliorum Optimatum Regni Angliae, no* B. tlivina Miferatione Cantuarienfis Archiepifcopvs totius Anglias Primas, F. Londonienfis, H. Elyenfis, R. Lincolnienfis, W. Wigorneufis, W. Nor- wicenfis, P. Herefordenfis, W. Sarefbyrienfis, W. Dunelmenfis, R. Ex- onienfis, S. Cadeolenfis, W. Bathonionfis, L. Roftenfis, Th. Menevenfis £ptfcopi, Pontijicalibus indutl, Candelis accenfis, in TranfgrcJJ'ores Liber~ tatum Ecchjiajlicarum, & Libertatum: feu liberarum Confuetudinum Regnt • Angl\x, & prtfdpue earum quts continentur in Cbarta connnunium Liberta- tum Regni et Cbarta de Forejia, Excommunicationii Sententiam folemniter tulimus fub bac Forna :
' Audloritate Dei omnipotentis, Patris & Filii, & Spiritus fan£li, & glo- ' riofae Dei Genitricis iemperque Virginis Maria \ beatorum Apoftolorum ' Petri & Pauli, omniumque Apoftolorum 5 beati Ibofna Arcliiepifcopi & ' Maityiis, omniumque Martyrum ; beati Edwardi Regis Anglieg, omni- ' umque Confeflbrum atque Virginumj omniumque fanftorum Dei, Ex- ' communicamus, Anathematizamus, & a Liminibus fanfli Matris Ecclefias ' fequeftramus omnes illos qui amodo fcienter & malitiofe Ecclefias priva- ' verint vel fpoliaverint fuo Jure : Item omnes illos qui Ecclefiafticas Li- ' bertates, vel antiquas Regni Confuetudines approbatas, & prascipue Li- ' bertates & liberas Confuetudines, quaa in Chartis communium Liberta- ' turn & de Forefta continentur, concefiis a Domino Repe Archiepifcopis, ' Epifcopis, & ceteris Anglic Praelatis, Comitibus, Baronibus, Militibus, ' & libere Tenentibus, quacumque Arte vel Ir.genio violaverint, infrege- - ' rint, diminuerint, feu mutaverint, clam vel palam, Fa£lo, Verbo, vel • Confilio, contra illas vel ea/um aliquam in quocuinque Articulo temere ' veniendo. Item omnes illoe qui contra illas vel earum aliquam Statuta ' ediderint vel edita fervaverint, Confuetudines introduxerint vel ferva- ' verint introduftas, Scriptores Statutorum, necnon Confiliarios, & Exe- ' cutores, & qui fecundum ea prasfumferint judicare. Qiu omnes & finguli ' fuperius memorati hanc Sententiam incurfuros fe noverint ipfo Facto, « qui Scienter aliquid commiferint de praediftis : Qui vero Ignoranter ; nifi ' commoniti, iuha quindenam a Tempore Commonitionis fe correxerint, ' & Arbitrio Ordinariorum plene fatisfecerint de Commiffis, ex nuac fint « hac Sententia involuti. Eadem etiam Sententia innodamus omnes illos ' qui Pacem Regis & Regni praefumferint perturbare.'
In cujus Ret Memorials JtmfittnUM Nfi Signs noftra frtefentibut duxi-
^ENGLAND. 53
The next Year King Henry went with an Army into Ki"S Senry III. Gafcoigny, and there recovered what had been taken from him in that Country. During the King's Abfence, L 54 J in the Year 1254, another Parliament was held in Anno Regni 3g. London, but it does not appear how fummon'd, tn which 1254. came, as fpecial MeiTengers from the King, thefe Noble- men, the Earl Marefchal Roger Bygot, and Gilbert de Segrave : There were prefent at this Meeting the Queen, Richard Earl of Cornwall the King's Brother, the Earl of Wincbejler, and all the Bifhops of England, except the two Archbifhops, and the Bifliops of Durham and Bath, who were with the King in Gafcoigny. The Af- fembly being all met, the King's Prolocutor and MefTen- ger rofe up and faid,
My Lords and Friends,
TN whofe Breaft the King, our Mafter, places bis Con- The Lords Com- fidence, nor hath he any other Refuge to fly to but to miffioners Speech bis faithful Subjcfis. You all know very well how he has Na cxpofed himfelf, with Courage and Con/lancy, to the Dan- gers of the Sea, and to the uncertain Fate of Ifar, for the Good of his Kingdom. He found abroad the Enemy •very formidable and ftrong again/I him ; fame Part of them he has already fubdued, and the reft he hopes to con- quer. The King of Caftile, whom he expetted to have found bis very good Friend, a; well as Kinfman, was his bittereft Enemy, and proved very unfaithful to him ; to whom the Gafcoigners were greatly inclined, and would rather have a Spaniard for their King, than their own natural Lord ; therefore the King, being in a great Strait , demands from you a powerful andfitfficient Aid to ajjijl him.
Some of the King's Meflengers brought alfo with them, as Proofs of the King's Danger, Javelins of a monftrous Size, called Quarrels, which were thrown from Crofs-Bows ; the Arches of thefe Bows were pro- portionably made of fmall Timbers put together, and the D 3 Hafts
M. Paris relates, That at the End of this Sentence, when the Pralates oft down their Tafers, cxtinguifhed and fmoking, with this Execration, ' So may all that incur this Sentence be extinguiihcd and ftink in HcU j* « the King immediately fubjoined, So help me God, 1 will keep all thefe « Things inviolate, as I am a Man, as I am a Chriflun, as I afD a Knight, ' as I am a King crowned and anointed.'
•fA *Tke Parliamentary HISTORY
King Henry III. Hafts of the Spears, fays our Author, alluding to that of
Goliab, like a Weaver's Beam. Earl Richard, that he
[ 55 ] might fet an Example to the reft, fir ft anfvvered, and
teftified his Steadinefs, fays Paris, very heartily in this
memorable Saying, ' I, that am more powerful and
* more obliged than the reft of you, will aflift my Lord < and Brother as much as I can, and therefore I will
* keep, at my own Expence, 300 Soldiers, by the Year,
* to fight for him.' The Earl of Gloucefter promifed alfo an Aid to the King according to his Power; add-' ing, ' That he would in no wife help the King to con- c quer Countries, but would aflift him againft the King
* of Gaftile if he aflaulted him.' In this Manner alfo Earl Richard couched his Promife, faying, * If Things
* really be as they are reported.' At thefe Words the whole Aflembly took Fire, and difcovering the Snare that was laid for them, cried out, ' Oh ! What mean
* Arts and fpecious Pretences do our Superiors make ' Ufe of to deceive us ? Hath not the King called the
* Queen and his eldeft Son and Heir both weak and ' cowardly, becaufe they do not come to him ? which
* by no Means they ought to do, if the King of Cajlile. c and he are at fuch Variance; he ought rather, if he
* had them with him, to fiend them back into England as e a Place of Safety. Has he not fpoke lately of an ex- ' traordinary Marriage to be contracted between them? c All he fpeaks is a flat Contradiction.' Thus the King made himfelf appear faithlefs to all the Aflembly, which immediately broke up without doing any Thing, and Earl Richard fent an Account of it to his Brother m.
Anno Regni 38. Not long after this, and in the fame Year, another
1154. Aflembly of the Nobles was called to meet at London ;
the Writs fent to the Sheriffs are ftill extant", directing
At Lonely, (hem to return tv/o legal and difcreet Knights, chofen by
the reft in each County, to act in Behalf of them all,
in order to confult with all the other Knights of Shires
fummoned alfo to appear before the King's Council at
Weftminfter, and to provide fuch an Aid as they (hould
be willing to grant to the King in his urgent Neceflity.
The King, under his Royal Signet, fent an Account to
this
» A Copy of the Earl's Letter to the King is preferved in the Addna- mcnta of M. Paris. a Clauf. 38 //. III. m. la. d. m. 7, d. m. 13, d. ©V.
^ENGLAND. 5
this Parliament of his extreme Want of Money, in or- King Henry in. der, as he faid, to enable him to withftand the Force of a very great Enemy coming againft him. To this he was anfwered by all and fingular, fays Paris, ' That [ 56 ] they had waited now full three Weeks in London, in ExpecTation of feeing Earl Richard, and the reft of the Nobles who were gone over to the King into Gafcoigny, and that they were fo often grieved with thefe Exac- tions, that they could not live under them : That they would not refufe to go to the King's Affiftance in Per- fon, if they were better aflured that the King otCaJiile was coming againft him as an Enemy; tho' they could not but wonder, that when Simon Earl of Leicejler went into Gcfcolgny and fubdued a great Party of Re- belsi that the fame King of Cafllle did not at that Time aflift them, in Oppofition to the Intereft of England* With thefe and many more fuch Reafons as were urged in the laft Parliament, as well as being told the real Truth by Simon Earl of Leicejler, who was then come back from abroad, the Nobles, fays Paris, efcap'd the Snare laid for them. This fubtle Vapour, adds he, was faid to arife from the ftinking fulphurous Spring of Poiftevin Counfels; and the Nobles, with great Indigna- tion, tho' very forrowful at thefe Proceedings, retired.
It appears, by the Courfe of this Hiftory, that the Barons were right in their Conjectures about the King of Cajlile, and that he was no fuch dangerous Enemy as Henry reprefented ; for, very foon after this laft Meeting, a Marriage was actually confummated betwixt Prince Edward, the King of England's eldeft Son, and the Princcfs Eleanor, Sifter to this Alpbonfus King of Cajl'ile^ &\~. The Spani/h King gave up all Title whatfoever that he had to Gafcoiony ; and Henry fettled that Pro- vince, with all Ireland and Wales^ &c. upon his Son Prince Ediuard on the Marriage.
In the fucceeding Year, 1255, about Eafter^ foon after Anno Regni 3$ the King's Return from abroad, another Parliament was "55. called to meet at London. Paris writes, that there never was feen fuch a Number of the Nobility, both Ecclefi- At London^ aftics and Seculars, as were met together at that Time. The King acquainted them with the great Debts he had contracled, and that without their Affiftance he could
not
'$6 The Parliamentary HISTORY
King Henry III. not difcharge them, and therefore, with much Earneft-*
nels, demanded a pecuniary Aid for that Purpofe °. [ 57 ] This Parliament proved full as refolute againft the;
King as any of the former. They began with recount- ing old Grievances ; and withall demanded that the Chief Juftice, Chancellor, and Treafurer, might be chofen by the Common Council of the Kingdom, as had been juftly and antiently ufed j. and lilcewife that they might not be removed but for the moft apparent Crimes, and by the Deliberation and Confent of the whole Kingdom. Concluding with this extraordinary Expreffion, c That ' they ihoujd never be able to bind their Proteus of g.
* King, without he granted all that they demanded/ But this the King refolutely refufed ; on which the Barons declared that Bufinefs fhould be deferred untill the Mi- chaelmas following j and this Council adjourned them- felves to that Time.
Anno Regni 39. The fame Year, on the Feaft of St. Luke> the No- ia5S- bility of the Kingdom met again, by Adjournment, at Weftrninjler. Here the King firft attacked his Brother Richarci^ £ari of Cornwall, and earneftly preffed him to give him an Aid of Money ; to whom the Pope alfo had wrote, requiring him to lend his Brother 40,000, (with- out faying whether Pounds or Marks) that he might fet a pious Example to others. But Richard regarding hi,s Money more than either his Brother's Wants or the Pope's Letters, and being vexed at him for going into jfpulia, wheedled thither by Italian Artifices, without the Confent of him or his Baronage, fairly refufed him the Loan p. And when the King moved the Matter to the reft, they replied, * That, at that Time, all had ' not beeq fummoned according to the Tenor of their
* Great Charter, and therefore they would then make no
* Anfwer, or grant any Aid without the reft of th,e Peers.* This Parliament, fays the Monk, by many fictitious De- lays> was continued a Month, whiHHhe Nobles were emptying their Purfes at London ; and then returned home without doing any Bufinefs.
In
o. The Annals, of Burton call the Aid that the King demanded at this Meeting HCRNGELTH ; which Skinner defines fributum dim fro cornutit Jtnimalibus in Regis Sal:u pajiis fendi folitum j ab A. S. HORN Cornu, tt GILD Sotutio. Skinner's, Etymjlcg.
p Matt. Parii relates, that this Earl's Treafure was fo great, that he could fpend 100 Marks every Day for tea Years together.
of E N G L A N D. 57
In the Year 1257 another Parliament was called to King Henry in. meet at Weftminjhr, about Rafter, in order to treat of AnnoRegni4i. the Bufmefs of Apulia *. To this Meeting, fays Paris, 1257. came fuch a Multitude of Perfons, of all Sorts, that Lon- At ^?w/^r. don fcarce could contain them. It feems that the Crown of Sicily, and fmall Territory of Apulia, in Italy, had been offered to Prince Edmund, the King's fecond Son, by the Pope the Year before, provided the King would recover Sicily from the Hands it was then in. This had been refufed by the States, as a foreign Country not worth the Trouble and Expence of recovering r ; and Apulia now was rejected in the fame Manner, though the King came in Perfon to this Parliament with his Son Edmund, clad in an Aputian, or Italian Habit, fays Pa- ris, in order to induce their Compliance. In this Par- liament Richard Earl of Cornwall, the King's Brother, took Leave of the Peers, and foon after fet out for Ger- many to be crowned King of the Romans ; to which Dig- nity he had been elected fome Time before.
The Year following, 1258, and about the fame Time, Anno Regni 41, a Parliament was again fummoned to meet at London. 1Z58- The King was prefied by the Pope on the Subject of Apulia, for it feems he had fent a Kind of a Legate to de- mand the Money which, upon the King's Requeft, he had obliged himfelf to pay to the Merchants for that Bu- fmefs The King demanded a very large Sum to clear himfelf of this Matter, which the Barons ftiffly denied to aflift him with : And in this Parliament there arofe great Heats and Contentions between the King and the Barons, who made great Complaints againft him. They faid that he flighted the Keys s and Power of p - the Church, and did not obferve the Tenor of his L 59 J Great Charter ; that he had raifed to Dignities and Riches his Half Brothers, againft Law and Right, as if they had been the natural People of the Land, and would not fufFer any Writ to iffue out of Chancery againft them : That although the Pride of his Brothers
and
<3 Apulia is a Difhift in Italy, now calPd Puglia.
r The Reafons of the Peers for rejecting this Propofal are drawn up by Dr. Brady, in his corr.plete Hiftory of England, Vol. I. p. 616, from the Annals cf Burton.
* The Anathema, denounced in Parliament againft the Violators of MACNA CHARTA, [See before p. 52, 53.] was confirmed by the Bull of vtf IV, the Year following, Annah of Eurtcn, p. 331.
58 The Parliamentary HISTORY
King Henry III, < and other Poiftevins was intolerable, yet William de ' Valence exceeded them alK' Simon Montfort, Earl of Leicefter, taking Advantage of thefe Difputes, com- plained aloud, not to the King, but to the whole Aflem- bly, ' Calling for Juftice ; and charged the King with
* promoting and enriching Strangers, defpiiing and wa- ' fling his own People, to the Subverfion of the whole
* Kingdom ; by which Means he became unable to re-
* pel the Injuries of fo inconfiderable a People as the « Weljb.
At this Parliament it was that the King, coming into the Houfe, found all his Barons in Armour, and with Swords by their Sides. They laid them by, indeed, when he entered ; but the King being much furprized at this ftrange Sight, afked them, with fome Emotion, what they meant by it, and if he was their Prifoner ? Roger Bygot9 a Man tif great Warmth and Infolence, anfwered. No; but that they were determin'd to have all PoiSievins and Strangers banifhed out of the Kingdom : Upon which great Heats and Debates arofe, and continued for fome Time, when the Parliament was adjourned to be holden at Oxford on the Feaft of St. Barnabas following : But, before the Adjournment, the Barons promifed the King, That if he would reform the State of the Kingdom, ac- cording to their Advice, and the Pope would make the Conditions about the Affair of Sicily, &c. more eafy, fo that it might be profecuted with Effect, they would then endeavour to procure him a commota Aid, or Tax, for that Purpofe.' The King agreed fo far, that, before Chriftmas next coming, the State of the Kingdom ihould be rectified by them and the Pope's Legate, if in England ; and, for the Performance of what fhould be ordained, he put himfelf into the Pope's Power, fo as he might compel him to it, which Way he pleafed, by Ecclefiaftical Cenfure ; and to this he made his Son Edward fwear that he would obferve and keep what he had granted.
At the fame Time he likewife granted to the Barons, that the State of the Kingdom fhould be rectified and re- formed, by twelve faithful Perfons of his Counci-1 then chofen, and twelve others to be chofen by the Barons, who fhould meet at Oxford, a Month after Wbitfunday l»ext coming, to do every Thing that they fhould fee fit
^ENGLAND. $9
fo the Honour of God and the Good of the Kingdom. King Henry llj. The King promifed inviolably to obferve whatsoever f 60 1 fhould be ordained by thofe Twenty- four, or the Ma- •"" jority of them, under fuch Security as they fhould direct. He made his Son Edward fwear alfo to thefe Articles, and that he would inviolably keep and obferve them ; whereupon, fays Paris, the Earls and Barons, on their Parts, promifed to endeavour that the Parliament fliould grant him an Aid f.
Thefe Twenty-four had Power to elect four that were to chufe the King's Council, which was to redrefs and amend all Matters appertaining to the King and his Kingdom ; and the Council, or the greater Part of it, was to chufe one or more in the Place of fuch as fhould make Default, eJV. u.
On the Feaft of St. Barnabas all the Great Men and Anno Regnj 42} Nobles arrived at Oxford^ according to their Adjourn- ment, but came attended by all fych as owed them Mi- litary Service, which made it feem as if they expected At ibme extraordinary Enemy to deal with. They fought to cover this Proceeding, however, by faying, That they came thus armed, in order, afterwards, to go and attack the King's Enemies the Weljh : But their true Reafon was for Fear of the King's Half Brothers and the Pole- tevins drawing them into a Snare. However, Matters went better than they imagined, for, in this Parliament, all the Elections mentioned before were made ; and the Twenty-four chofen to amend and reform th,e Kingdom were, firft, thefe w :
For the KING. For the BARONS.
1. TheBifhopofZ0«//0». I. The Bifhop of Wor-
2. The Bifhop Elect of cejler. jyincbcfter. 2. Simon Montfort, Earl
3. Henry ^ the King's Ne- rfLeiceftcr.
phew. 3. Richard Earl of Glou-
4. John Earl of Warren. cejler.
5. GUI do.
t The King's Declaration, that he would fubmit to fuch Regulations in the State as twenty-four of the Barons fhould agree upon, is printed in Ri- mer's Iced. Vol. J. p. 655.
u A Copy of this original Agreement in French, is printed in Dr. Brady * Appendix, Vol. I. N°. 190.
w The following Lifts, &V. are preferved in the Annals of Burton ; Inter Hift. Ang Serif t, V, Fek Oxon, 1684 j and copied from thence by Dr. £/-.•;/)•,
Parliamentary HISTORY
King ff*r. III. 'FortheKlNG.
5. Guido de Lufignan.
7. JobnE.M\oWaru)ick.
8. Lord John ManfeL
9. Friary^Aw de Derling-
For the BARONS. Humphrey Earl of /fc- reford.
RogerE*T\ of Norfolt, and Earl Marefchal. Lord Roger Mortimer. Lord J0/.>« Fitz-Geof- fry.
Hugh By got. Brother to the Earl Mare- fchal.
Lord Ri char dde Gray. Lord William Bar- dolph.
Lord P^r Monifort. Lord //#£/,? Defpenfer.
Thefe Twenty-four chofe four of their own Number, who were to name the King's Council ; and were thefe,
6.
/0». 7.
10. The Abbot of /Tc/?- minjler. 8.
11. Henry de Wengham, Dean of St. Martin'^ London. 9.
The 1 2th omitted; but 10. fuppofed to be either the Abp. of Canterbury, Pe- n. ter of Savoy, or James 12.
The Earr of Warwick. John Manfel.
Roger Ear! Marefchal. Hugh Bygot) his Brother.
Thefe four named the King's Council, who were fif- teen in Number. j. TheAbp.ofCtf«/<?r£#ry.
2. The Bifhop of Worce- Jter.
3. The Earl of Leicejler.
4. The Earl of Gloucejter.
5. The Earl Marefchal.
6. Peter of Savoy, Earl of
Richmond.
7. The Earl of Albemarle.
10. John JWanfeL II.
14. 1 5 .
John Fitz-Geoffry. 12. Peter Montfort. 1 3. Richard de Gray.
Roger Mortimer.
James Audley^ or Aldi-
thclege.
The Noblemen that compofcd the Grand Committee of Twenty-four "demanded of the King,
4 Fir/I, His Confirmation of the Charter granted by King John^ his Father.
* Secondly* They requir'd fuch a Judiciary to be con- flituted as would do Juftice to fuch as fuffer'd Wrong, as well to the Poor as the Rich.
* Thirdly, That they fhould chufe the Judges, Chan- cellors, Treafurers, and other Officers and Miniflers, from Year to Year, for ever. < Fourth!-
^/ENGLAND. 61
* Fourthly, That they themfelves, or Friends, fhould King Henry lit, have the Cuftody of the King's Caftles.
c Fifthly ) By Edicl, they made it Capital for any, of what Degree or Order foever, to refufe to confent to thefe Things ; and againft fuch the Archbifliops and Bifhops alfo pronounced Sentence of Excommunication.'
Thefe Twenty-four alfo ordained, That there fhould be three Parliaments in a Year, and when and how they fhould be holden. This Order, tranflated from the Ori- ginal French* is as follows :
BE IT REMEMBERED, That the Twenty-fiur have ordained^ That there Jhall be three Parliaments in a Tear ; the firjl, on the Odtaves, or eight Days after St. Michael j the fecond, on the Morrow after Candlemas- Day ; the third on the firft Day of June j that is, three Weeks before St. John. To thefe three Parliaments Jhall come all the chofen Councilors of the King, whether fum- jnoned or not, to provide for the State of the Realm j and to treat of the common Buftnefs of the Realm, when Need /hall be, by the Command of the King, or by his Summons.
The whole Community then chofe Twelve Perfons to reprefent them in thefe Parliaments, &c. to fave the Charges of the Community. The Entry, or Record, of which Election was to this Purpofe:
BE IT REMEMBERED, That the Community have chofen Twelve wife Men to come to Parliament s, and at other Times when there /hall be Need, when the King and his Council /hall command or fend for them, to treat of the Bufmefs of the King and Realm, and that the Community will hold for ejlablijhed what the Twelve Jhall do, and r 5 -I this Jhall be done to f pare the Cojl or Charges of the Com' !• 3 J inunity.
Which Twelve Probes Hcmmes, Viri probi vel pru- denies, as the Record has it, were entered in this Form: Thefe are the Twelve which are chofen by the Barons^ eflu par lez Baruns, to treat in the three Parliaments in a Year, with the King's Council, for all the Commons, or whole Community of the Land, pur tut le Commun de la Terre, upon public Bujinefs. Their Names were thefe ;
The Bijhop of London, Philip Baflet, The Earl of Winchefter, John Baliol, The Eprl of Hereford, John de Verdun,
John
62 ¥be Parliamentary tiisToftV
Kiflg Htrry in. John de Gray, Hugh Defpenfer,
Roger de Sumery, Thomas de Grefley,
Roger de Montalt, ./Egidius de Argenton ".
Many other Provifions were made in this Parliament about Feudal Tenures, Cuftody of Wards, Marriages, and Efcheats ; about Suits to the King's Courts be'fore Juftices Itinerant, County Courts, Hundred Courts, Sheriffs Turns, Writs of Right, Wafte ofEftates in Cuftody, Taking off Diftrefles, &c. all in Abatement, adds Dr. Brady, of the Rigour of the Feudal Law, and for their own Eafe and Benefit p.
All this was done, and Com millions for the Govern- ment of the King's Caftles were iflued out in eleven Days Time, as appears by the Record of them, printed in Dr. Brady's Appendix, N°. 191, 2, 3, which, for their extraordinary Tenor, are worth the Obfervation of the Curious.
The laft Thing the Barons went upon in this Parlia- ment, after they had gained fuch large Conceffions from the King, was to think of an Aid for him. Accord- ingly the whole Body of them chofe twenty-foor Per- fons who were to treat, feparately, of this Affair ; the I 64 ] Names of whom are preserved in the Annals, before quoted, and are as follow : The Bifhop of Worcefter^ John de Gray, The Bifhop of London, John de Baliol, The Bifhop of Salisbury, Roger Mortimer, The Earl of Leicejhr, Roger de Montalt ',
The Earl of Gloucejier^ Roger de Sumery 9 The Earl Marefchal, Peter Montfort,
Peter of Savoy, Thomas de Grefley ^
The Earl of Hereford, Futco de Kerdijlon, The Earl rtA&tmarle, Mgidius de Argenton- The Earl of Wincbejler, John Kyriel, The Earl of Oxford, ' Philip Ba/et, John Fitz-Geoffry, Mgidius de Erd'ington.
But
« Dr. Brady obferve?, That thefe Twelve and the King's Council were •nly to be prelcnt in thefe Parliaments : That they were all Barons and great Tenants in Capita j not one Cotr.mdner, fuch as are now lo reputed, being amongft them.
fridcAnnal. Button, p. 414, &c. clauf. 44 H. III. m. 17 dor. The oils of Parliament begin with this Convention, or Parliament, and the Prov.fions about Feudal Tenmes, «n all the Articles lecited above in the lost, are eat«red theie,
*f £ N G L A N D. 63
feut Matthew Paris writes, That inftead of granting King Henry HI, 6r providing an Aid for the King, now when they had got their own Turn ferved, they fought to diftrefs him more, by driving his Brothers from him. The Names of thefe Uterine Brothers to the King •> were Ademar* or Atbelmar, Elect Bifhop of Winchefter, Guy de Lu~ fignan, and William de Valence ; nor were they well pleafed with the Behaviour of Prince Edward, his Son, "John Earl of Warren^ and Henry, his Nephew, Son to the Kkig of the Romans, who had all boggled at the Afibciation Oath which the whole Community of them had taken. The Form ofrfhis Oath to be taken by the whole Body, the Oath of the Twenty- four, with thofe of the Chief Juftice and Chancellor, may be feen in their original Language in the Annals of Burton, p. 41 3, tranf- iated by Dr. Brady in his complete Hiftory of England) Vol. I. p. 629 j and are therefore unneceflary here.
Thus ended this famous Parliament at Oxford, in the Year 1258-9, which afterwards got the Name of Par- Uamentum Infanum, or the Mad Parliament; becaufe, L "S J fays an Hiftorian, many Things were there enacted which caufed the Death of feveral of the Nobility afterwards. We (hall not flop to make any Reflections on the Con- duel: of either Party, our Readers are at Liberty to judge for themfelves ; but whatever Conceffions the Barons wrefted from the Crown, at this Meeting, they quickly loft again by their too-violent Proceedings.
Nor were the Barons that were added to the King's Council, by thefe Provifions, over hafty to execute their Part of this folemn Agreement. We find that the Year after, 1259, whilft the King was keeping the Feaft of St. Edward, at Wejlminjler, in a very grand Manner, a Deputation from all the Batchelors y, or young Men, of England, came to Court and reprefented to Prince Ed- ward, the Earl of Gloucefter, and others of the Council, fworn at Oxford, ' That the King had actually and to- tally
q Thefe Princes were the Children of Jfalel the King's Mother, after the Death of King Jckrt, by Hugh Ic Brun, Earl of March, to whom fhe had been contracted before her Marriage with John. Mat. Weft. An. 1 2 58.
M. Paris writes, That there were 20,700 Founds and 30,000 Mark« fpent on the King's Half Brothers. He begged fome that told him- of this to fay no more : Ob, for the Head of Cod, his Oath, fay no more of it, Itjl tbe -very Relation make Mm luonder and ftand amazed,
/ Community Bacbelari* Angli*. Annal, Mtnaflt Burton, p. 427, #?
64 We Parliamentary HISTORV
King Henry III, c tally fuifiiied and compleated all and fmgular
* Obligations,^, which the Barons had impofed on him ' at Oxford; and that the faid Barons had done nothing
* on their Parts for the Good of the Public, as they had
* promifed, but only minded their own private Interefts,
* and had every where diftrefs'd the King's Affairs; and c that, if this was not fuddenly amended, they would fee
* it reformed fome other Way.' To which the Prince immediately anfwered for himfelf, ' That as he had un-
* willingly taken a certain Oath at Oxford, yet he was
* ready, on his Part, to enforce the faid Oath, and to
* venture his Life for the Commonalty of England, and
* the general Good, according to the Tenor of the faid
* Oath.' Then, turning to the Barons of the Council, he told them, ' That unlefs they would immediately ful-
* fill the faid Oaths, he would himfelf ftand by the Com-
* monalty, even to Death, and force them to it.' The Barons finding, at length, that they could not avoid making good their Promifes, and chufing, adds our Au- thority, rather to do it of themfelves than be compelled to it, publifhed the Body of Laws, called Provijiones Baronum.
[ 66 ] Thefe Laws in the French Tongue are contained in nineteen Articles, but are much too long to infert in our Hiftory. The Conclufion of them runs thus : The Barons P«f« 'fhefe are the Purveyances and Eflallijhments made at vifions. Weftminfter, in Parliament, by the King and his Council^
and the Twelve, chofen by common Affent of the whole Community of England, which were then at Weftminfter, in the Tear of the Reign of Henry, the Son of King John, forty and three.
The National Bufinefs went on under this Form of Government for fome Time : The Barons having dri- ven the King's Brothers and all the Poiclevins clear out of the Kingdom, and excufed the Matter, as well as they could, to the* Holy See, in a fubmiffive Letter to^the Pope for that Purpofe, thought now they had the King and Kingdom intirely to themfelves, and might rule both according to their own Will and Pleafure. But the King's Affairs were not in fo bad a State as they imagined ; the King of the Romans, his Brother, came over to his Afliftance ; who, with Prince Edward, and marfy Nobles more, maintained the Royal Caufe ; whilft
Simc-x
of
E N G L A N D.
Simon Montfort, Earl of Leicejler, at the Head of the King Hwy HI,
other Barons, endeavoured to fupport the Oxford Pro-
vifions ; which occafioned the wafting and burning each.
other's Caftles, Lands, and liftates, all over the King-
dom. However, by the Mediation of the Queen, a
Treaty was fet on Foot, and Matters were fomewhat
accommodated betwixt the King and his Barons j but
it did not laft long ; for Henry defpairing to gain any Aid
from them, and willing to (hake off the Yoke they had
irnpofed en him at Oxford, fent to the Pope for an Ab-
folution from the Oaths he had taken on that Occailon. Jjie p?pe*t"'
, ,,, T1 i • r> CL j i i_r i , folves the King,
1 he Pope grants his Requeir, and not only abfolved &c from th° the King, but all others who had taken Oaths for that Oaths taken to Purpofe, giving for Reafon, that, by this Diflblution of fuPPort ****** all that had paffed, they might fooner come to an Ac- commodation a.
Upon this the King calls another Parliament to meet Anno Resni 47* again at Oxford, according to M. Paris -, but the Re- cord fays at J^ejlminfter, about the I2th of June this AtOxforfa Year b. Parliaments, indeed, are frequent, but very confufed about this Time ; and well they might, when this was held juft on the Brink of a Civil War between the King and his Barons. But it is fomewhat ftrange, that neither in the Record of this Parliament nor the former, there is any Mention made of thefe Feuds and Animofities, nor is there one Word relative to the Oxford Provifions in them. This, like the former Meeting, chiefly tending to regulate fome Matters in the Common Law, fuch as Suits in Lords' Courts^ Sheriffs' Turns, Judges itinerary, &c. The Records themfelves being thus filent in the more public Affairs of the Nation, we muft have Recourfe to the old Hi- itorians of thefe Times, who tell us, That at this pre- ient Meeting the King propofed to his Nobles, That fince [ 67 ) both be and they bad all been too warmly drawn in to make the former Provifions, and fince the Pope had abfolved both him and them from their Oaths taken on that Occa- fion, he hoped they would take hold of the Benefit of that Absolution, &c. and let all 1 hings be rejlored to their an-
VOL. I. E tient
a The King's Declaration that he is abfolved from his Oath, and does not think hi mil-It" under any Obligation to obfcrvr thi- Regulations made by the »i.irori8 at Oxford, is piinted in R-fir.er\ Fctd. Vol. 1. p. -46.
••> Pat, 47 //, 111, m. i±. in fchedula dorf,
66 The Parliamentary HISTORY
King Henry ill. f'ienf Ufage. The Lords c, who were prefcnt at this Meeting, unanimoufly replied, for themfelves and their Followers, * That the Provifions which were made,
* and which they were bound by Oath to keep, they
* were refolved to adhere to, to the End of their Lives;
* looking upon them to be equally conducive to the « Good of the King and Kingdom.' Whiltt thefe Things were going on to an open Rupture betwixt the King and his Barons, fome Bifhops interpofed, who, •with fome other common Friends to both Sides, brought Matters fo to bear between them, that the Decifion of the whole Affair was left to the Judgment of the King
The King of of France. Some Time after, in the fame Year, the Se'SIrSTpro- Frmch KinS callcd a Parliament of his Bifhops and vifions. Nobles at Amiens ; where, deliberating gravely on this
Bufmefs, he at laft gave Sentence for Henry againft the Barons, difannulled the Oxford Provifions, and reflored his Brother King to his priftine State. But Simon Mont- fort, Earl tfLeicefter, taking an Exception, ' That he did not hereby abrogate King John's Charter, declared, That the Provifions were founded on that Charter, and therefore he would not fubmit to the French King's Sentence d.'
The Civil War now broke out with Violence, the King
being very unfortunate at the Beginning of it ; for not
long after happened the Battle of Lewes in Sujfex, where
the King's Army was routed, and he, with his Brother
[ 68 ] Richard., King of the Romans, were taken Prifoners,
The King taken W'tn many Barons. This Battle W3S fought May 14,
Prifoner at the 1264. M, Weftminfter writes, That King Henry had a
Battle between Horfe killed under him in it e.
him «d thcBa- And now Montfort^ having the King in his Poffeflion, did with him as he pleafed ; he caufed him to fend out Commiflions to conftitute and appoint Keepers and Confervators of the Peace in all the Counties of England. And in the Body of thefe Commiflions there was a Pre- cept
c Henry Knygbton has given us the Names of fome of the Lords that compofed this Meeting, vix. Simon Earl of Leiccjicr j Gilbert d- Clare, Earl vfGlouceJler; Humphrey do Bobun, |un. Earl Ferrers; amongft the Barons were >£„ Fhvjobn. Henry de Hajlings, Geoffry Lucy, John l^Jcy, jun. JV«*MU de Stgr***, Hugb k Sper.fer, and Robert Kpont. Deccin Script. H. A. col. 2446.
d The Award of Lewit the French King, between the Enrlilb Kine and his Barons, is alfo in Kymer, Vol. I. p. 7-6.
c Rex Anglix, Ejuo tlcfiijjimv fub ft u*fo/o, captus cj!t
^/ENGLAND. 67
cept directed to every one of thefe Confervators, to fend King Hetty m,
four of die moft legal and difcreet Knights, of each
County, to be chofen by the AfTent of that County, to
ferve for the whole, to meet the King at London j to be
there on the Octaves of the Holy Trinity at fartheft*
to treat with the King, his Prelates, Great Men and
others, about his own Bulinefs, and the Bufinefs of the
Nation.
As this is the firft-Time we can, with Certainty, Anno Regni 48^ find when the Gentry or Commons of England were ia^' called to Parliament to confult with the King, the Bi- fhops, and Barons, on the State of the Kingdom, it \vill not be amifs to be a little particular about it. Tho* indeed it will be in vain to expect to find any Traces of the antient Englijh Conftitution of Parliaments trom a Convention, fummoned at the arbitrary Will of a Rebel, compofed of fuch as would beft ferve his Pur- pofe, none elfe being called to it ; for King -Henry was j['mJJ*^[Je then in Cuftody of the Earl of Leice/ter, and under his Commons to Power; Richard, Kins; of the Romans, a Prifoner in the Parliament, in Tower ; their two eldeft Sons Prifoners and Hoftages J^"*8'8 in Dover Caftle ; the Barons that adhered to the Royal " Caufe, for that Time fubdued ; fo that the whole Power v of the Kingdom was then in the Earl of Leicefter and his Abettors f. It feems the Earl and his Friends had projected a new and ftill a ftronger Scheme for the Re- formation of the Government, and they feemed to want the Confent of the whole Nation to give it a -Sanction ; for which Reafon thefe four Knights, to be chofen out of each County, were firft thought of. Dr. Brady and other Writers, on the Side of Prerogative, call this an Innovation of the antient Cuftom of fitting in Parlia- ment, and abfolutely deny that the Commons were [ 69 3 ever called before. The Doctor fays, That the Scheme of Government here invented was no lefs than to un- king the King ; and there was an Inftrument readyv drawn againft the Meeting of this Parliament for that E 2 Purpofe.
f Mr. Rymer has taken Care to diftinwifli the Afts of State the King was obliged to make during his Captivity, fo as to be eafily known from tin: others, from p. 790 to 815. f'xdera Ai'.g* Tom I
In the Parliament Rolls, Rot. Pat. 48 H. 111. m. 2. dorfo N°. 14, tiicic is an Abftra£l in trench, but without any Date, of an AwarJ fii.i t.- be made by the King, the Prelates, Earls, and Barons, only, of the Land, de la Terre, giving Satisfaction to Holy Church, for divers Depredations maJe upon her Territories during thefe Troubles,
68 The Parliamentary HISTORY
|Ung Henry III, Purpofe. The Inftrument itfelf is printed in Dr. Brady s Appendix*, and an Abftract given of it in his Hiftory h, to both which we refer thofe that will concern them- felves in the Controverfy. It is, however, undeniable that, if this Form of Government had taken Effect, the .Regal Power would have been entirely eclipfed, and the .King in a worfe State of Vaflalage than the meaneft Subject.
On the other Hand, Mr. Prynne and Mr. Petyt are ftrc- jmous Advocates for the Rights of the Commons offing* land ; aflerting, That they were always confulted from the earlieft Account of Government in this Ifland. But, as we have touched upon this Controverfy in the Exor- dium to this Work, we {hall content ourielves, and we hope our Readers, with noting that the Arguments on both Sides are beft drawn up by the aforefaid Dr. Brady * and Mr. Petyt k, to which we refer. Obferving farther, That we fhould have been glad to have cleared up this Matter on the Side of the Commons in the former Part of this Work, had we but met with any authentic Te- ilimony of it from the Conquefl to this Period. To :proceed then with our Hiftory. - It cannot be amifs, in this Part of it, to give our Readers, at Length, the Form of the Writ of Summons directed to the rcfpeftive Prelates, Abbots, Priors, and Barons, .which were to conftitute this Parliament ; as alfo the Subftance of the Precept direded to the Sheriffs for the eleaing the Knights, Citizens, and Buries, that were to fit amongft them ; for it does not yet appear that the latter made then a feparate Houfe, or adted as fuch. This then being the firft Precedent we have upon I 7° J Record of a Parliament, conftituted as at this Day, a Copy of the Summons from the Feeder a Anglican* de- ferves particular Notice '.
8 NO. a,3. Pat< 48 H> Ult m§ 6 ^foi h P. 643, 644.
Fol.
k Petyt'i Jut Parl-ametiiarim. Fol. London, 1734. J Ad Cenfultandum cum eodcm Simone Re-gem captiwm ducentc, &£$, nonnull, Baron,*, Abbatvm, & Prfcrum inaudva turba n
cant T rf°mifat!iS & B"rZ" »fW'1*' fd<Bi <**& . cantur, per k* Si^noms mandatum, in N9KiK Regit,
Henri
0f ENGLAND. 69
It does not appear that this Parliament, fo called, K»ng H*»ry in,
with the Commons included, who were to fit to do Bu-
finefs, on the 2ift of 'January , 1264, at London^ did
ever meet for that Purpofe : It is probable the inteftine
E 3 Troubles
Henricus, Dei Gratia, Rex Anglise, Dcminus HibenxJz, & Dux Aqui- tanis, ytneraotli in Cbrijlo Patri R. tadem Gratia, Epifcepo Dunelmtnfi, Saint em
Cum, pofl gravia. Turbatianum Difcrimina dudum babita in Regno noflrot Cbarijjimut friiui Edw rd'is, PrJmogenitus nofler, pro Pace in-Rcgno noflro afofurai.la & frmanda obfes traditui cxtiriJJ'et ; & jam Jedata (Bencditlus Deus)Turbatione prtedilJayfuperDeliberationc ejufdcmfalubriterprowidendat & plena Secuniate & "TrarquiUitate Paa's ad Hznorem Dei & Utilttater* to'.iu: Regni noftri frmanda & totah'ter cotnplenda j ac fuper qvibufdam aliis Rfgni noftri Ncgo-tut, qua Jine Conjilio -vcpro & alioritm Pra:latorum& Mag- natitm ncjirsrutn nolurr.u* expediri, cum eifdem Trafiatum babere nt-> of/ort.-.tt,
Vabii Mandamus, rogantes in fide & DileElione quibus nobif fenerr.in;, quodt crxni Occafione psftpojita & A'egotiis aim prxtermijjis Jttis ad noi London' in Of! ali s Sanfti Hilarii pnxime futurit 5 nobifcum & cum pradifiit Pralatis & Magnatibui noftrit, quo* ibidem-vocari fecimus, fuper pra?m:jfis traff atari & Conjilium impenfuri : Et hoc, Jicut Nos & Honerem no/irum & ve/frum, «e£non & ctunmunemRegni noftri 'Iranquillitatem diligitis, nullatenittomittatis, Itfle Rege apud Wigorniam, 14 Die Decembris,
Eodem Mcdo Mandatum tjt
Epifcopo Karliolenfi, Abbati S, Mariz Eboraci, Pricribus Dunclmenfi, & S.'Tiinitatis Eboraci, Abbatibus de Seleby, Fumes, Fontibus. Rvevalle, Mclla. Rupe, Bella Landa, Prioribu* de Bndlington. & S. Ofwaldi, Ab- tati de Ruftbrd, Prioribui de Blyda, Thurgarton, & Carleolenfi, Abbati de Whiteby, Priori dt Guifeburn, Arcbiefijcopo Eboracenfi, Priori de Parco, & Decano Eboracenfi.
Eodcm Modo Mandaturr. eft fulfcriplis, -vix.
Epifapii London. Winton, Exon. Wygorn. Lyncoln. EI«n. Sarum, Covent. & Lich. & Ciceftren. ElecJo Bath. & Welles, Decants Exon. dt Welles, Sacum, & Lyncoln.
In Fotma pra-diffa fcriiitur Albatibui £f Prior ilus fultfcriftii Jub bac das a,
Tfjle Rcgt apud Woceftocke vicejimo quarto Di jSbbatibus Sanfti Edmundi, de Waltham, & de San«o Albano, ElecJo dt Evefham, Mbatibut Weftmonafterienfi, Glaftonenfj, de Reding, de Ciren- eefter, & de Waverle, Prhrilw Elienfi, Norwjc. & de Merton. Abbott tit Ofeney, Priori S. FridefwHa: Oxon. Abbari de MefTenden, Priori de Lcnton, Abban d: Bello, Prioribui Qrdinis de Sempringham, de Walton, & Holpitalis S. Johannis Jtnfakm in AnCKa, Magiflro Militia Terapli in Anglu, Abba'.ibui Ramcfirnfi. de Burgo, de Thorncy, de Crouland, Ceftriz, Salop, de Hulmo, dt Bardenei, c2? de Cokeftre, Priori de Dun- Aaplc, Abbatibut de Bello loco, Farco ludc, Stwlegh, Lillefhul, & Bit- tlci'den, Prioribut de Beuver, if de Lentoa, Abbati ^Clervaus, Priori dc Stodcle'y, Abbatibut S. Aus'-iHini Caniuar. Sf de Certefli';, Priori S. Tri- r. Abbatibut d: Hia'i juxT. Winion. Middleton, Cej-ne, Ab-
ii. .
boteibuiie, £f Taviftolte, frit,,'. A- Huntingdcn, AiLa^tus de Suleby,
Warden,
70 The Parliamentary HISTORY
KingHwy HI. Troubles-at that Time prevented it. But in the next Year, 1265, and the 49th of King Henry III. was the. f 71 ] famous Parliament called ; which, with another in the 1 8th of Edward I. were certainly the Models, or Pat- terns, of our prefent Englijb Parliaments.
The
Wardon, S Jacob! Northamp Leiceftre. £f Kitkeftet, Prionlus ^Eton, & Cruce Royfia, Abbatibus de Kirkeftal, S'Tame, Prioribus de Bermon- deffie, & Bernwell, Abbatibus de Meriavall, S. Auguftini, Briftol. de Malmefburie, Michaelnei, Abindon, S. Petri Glouc de Perfhore, & da, Wynchecurribe, Prioribiis ^Coventr. Sanclo Neoto, £? S. Swithini Wyn- ton, Abbati de Lefnes, Prioribus de Leedes, Landa, Spalding, S. Barthol. London, & de Kenelworth, Abbatibus de Ofolveftone, £f//« Teukefburie, Priori de Finfheved, Abbatibiti Mjddletone, dc Valladei, & de Cioxton.
Item, in Forma pradifla Mandatum eft Comitibus & aliis fubfcriptis, Dot. apud Wodeftocke. 24 Die Decembris.
Comitibus Leiceflr. Glouceftr. Norrolc & Marefcallo Angliae, Oxonienfi, Gf Derb. Rad. de Camoys, Rogcro de S. Johanne Hugoni de le Spenfer, Juflic. Angliae, Johanni Filio Johannis Willielmo de Munchenfy , Nichulao de Segiave, Johan-i de Vefcy Radulpho Baflet, (d( Dray ton) ^enrico de Haftings, Galfr -do de Lucy, Roberto de Ros, Johanni de Eyvill. Ads dt Novomercato, Waltero de t'olevill, Willielmo Marmyun, Rogero Bertram, Radulpho Baflet, (de Sapcote) Gilberto de Gaunt.
Item, Mandatum eft Jir^u/is Vicecomitibus per Angliam, quod venirefaciant Duos MlHTES de LegaLoribus & Dtfcretioribut Militibus fingulorum Co-- mitaluum, ad Rcgem Lend, in Ocliab prtediflii in Forma Jupradifla.
Item, in Forma pradiRa fcriHtur Ci-vibui Ebor. Civibus Lincoln & cate- rit Burgis Anglise, quod mittant inFormapradifia Duos a* Difcretioribut fly Legalioribus 6f Probioribus tarn Civi^us quam BURGBNSIBUS fiiis*
Item, in Forma prtedifia Mandatum ejl Baronibus & Probis Homixibut f$ainfve Portuum, front connnetur in Brevi irrotulato inferius,
Rex Vicccomiti Safiex, Saluttm.
Summonito per quatuor Legaliorei Milites de Cemitatu tuo pradiao Petrura de Sabaudia apud Pevenfeiam, Johannem de Warrena a/W Lewes, & Hu- gpnem de Bygo d apud Bofeham, quod Jint coram Nobii, & Ccn/ilio ncfiro, in proximo Parliament nojiro Lond. primo Die Junii, Jufticiam faEluri & recepturi.
Et in plena Comitatu tuo proclamart facias, qucd quicunque ad Opus prre- diftorum Pctri Johannis & Hugonis interim procurare feu impetrare -voluerit fah'um 6f fecurum CenduBum noftrum ad Nos -vemendt, morandi, & Jlandi refft in Curia noftra, fi quit -verfus eos kqui voluerit fecure venial. Et A'os Conduffum bujufmod, ei fieri faciamui. Et habeas ibi Ncmina aqatuor Mi- titum Sf hoc breve.
Tcflc Rege apud Weftmon.
Per CoaJUtum,
Eodem Modo Mandatum eft Kcecomiti Hertfordia de Summon, W, d* Vakncc apud Brekendon,
Per totum Ccnji/ium,
of E N GL AN D. 71
The Bufinefs of this Parliament was chiefly to treat King Bony in.
about Prince Edward's Releafe, at that Time a Prilbner
[ 7*3
in Dover Caftle. But, whatever elfe was done at it,
this was not effected, for he was not releafed untiil Anno Regn; ^
fome Time following, and then was but a Prifoner at 1265.
large, carried about by Montfort^ with his Father,
wherefoever he went, who now directed all the Affairs
of the Kingdom at his own Pleafure. But Prince Ed- A
ward having found Means to efcape, foon raifed an Ar-1
my, and, by a matchlefs Piece of Conduct, came upon
the Earl of Leicejier and his Forces, near Evejbajny in
Worcefittjbirei routed them, flew the Earl and his eldefl
Son, with many more Barons, and releafed his Father
from a Bondage worfe than Death m.
Thus did this ambitious Earl and his Adherents, by grafping at too much, lofe all ; and the great Conceffions they had gained were levelled with the Ground. The Battle was fought on the 5th of Augujl, this Year, and on the 8th of September following the King called a^g K;n(, caj Parliament to meet at Wincbefter ; where, by their Ad- a Parliament, vice, the Liberties of the City of London were feized, and the greateft Offenders committed to Pnfon, to l» jfg**"4 punifhed at the King's Pleafure n. This Parliament gave the King alfo all the Rebels Lands ; and, by their At H nchejler Advice, he appointed two CommifTioners in each Coun- ty, who, with the Sheriffs, were to extend them, and C 73 J return the Extent, with the Names of the Lands, and their Owners, to him at Wejimin/hr^ by the I3th of October following °. The Commiffion bears Date at Winchejler^ Sept. 21 ; and Paris adds, That the King disinherited all thofe that flood for Montfort againft him, and gave their Lands to thofe who had faithfully ferved him.
This fevere Sentence of the Earl of Leicefter's Fol- lowers was ftriclly put in Execution ; but the Cry of the Sufferers was fo great, that it induced the Pope's Legate, Ottobonii then in England, to take their Cafe into his Protection. To this Purpofe he requefled the King to
call
m The King had like to have been (lain himfrlf at this Battle, being v wounded by a Dart thrown at him by Mifi.ike ; the Eatl having :n to be dreffed that Day in a Suit of his own Aimour. Knygblon.
n Ob fuam Rcbellioncm. M. Varis.
o See the Form of the Writ of Summons at large in Dr. Brady's dp- jvxj:.*, N°. 223. Lx. I'it. 49 U. 1U. m. 8. dortb,
~2 'The Parliamentary HISTORY
King Henry III. call a Parliament, which he granted, and it was fum- moned to meet ztKenelwortb, Aueujl 22, I266p. Here Ann° ^6e|ni 5°- jt was agreed, by the common Aflent of the Bifhops, Abbots, Priors, Earls, Barons, and all others, (we find At Kenckvortb. the Commons here, if they met, but {lightly mention'd) that fix Perfons, viz. The Bifhop of Exeter, the Bifhop of Bath, the Biftiop Elect of Worcefler, Sir Alan Zoucb, Sir £oger de Sumery, and Sir Robtrt Wahrand, by their Oaths there made, fhould chufe fix others, who would, according: to their Judgments, do the beft for the Secu- rity and Peace of the Land. To thefe Twelve were committed the Cafe and Fa£ts of the Difmherited, with full Power from the King and Parliament to hear and determine all Matters concerning them ; which Deter- mination was called the Difium de Kenelwortb. If there arofe any Difference between the Twelve, that wa3 only to ftand good and firm which received the Affent and Approbation of the Legate and Henry , Son to the King of the Romans; and they were to finifti their Work by the Feaft of All Saints.
This Determination and Award was made to better the Condition of the Difmherited, and to turn the For- feitures and Lofs of their Eftates into a Cornpofition for them ; and therefore,
' All who began the War and perfevered in it ;
* All who violently and malicioufly kept Northampton e againft the King ; r - , -i ' All that fought againft the King at Lewes ;
c All that were taken at Kenelworth under the Com- ^ mand of young Simon Mont fort, had plundered IVin- * che/ier, or were in any other Place againft the King, ' which he had not pardoned ;
' All fighting againft him at Eve/bam ;
' All that were in the Fight at Chefterfield;
' All that freely fent their Seivice, that is, Horfe and ' Arms, againft the King or his Son;
' All Bailiffs and Servants of the Earl ofLeicefter^ that 4 plundered their Neighbours, burnt their Houfes, or ' killed them, or did any other Mifchief ;
Should pay five Years Rents of their Lands, and if they paid it, they were to have their Land again. The Money was to be paid at two or three fhort 'Payments,
and
*> Pat. 50 H, III, m. 9. dorfo.
of E N G L A N D. 73
and if they paid the whole, then all their Land was de- King Henry 111. livered; if half, then half j if a third Part, then equal; and if they were not able to pay, the Lands were to re- main in the Hands the King had given them to, till the Money was raifed ; and out of .thefe Compofitions, by the Perfuafions of the Arbitrators, the King was to gra- tify his own Friends.
'The Earl Fsrrers and Henry Hajlings were to pay feven Years Profits of their Lands.
Thofe who had committed lefler Crimes than the above recited, compounded; or were fined three Years, two Years, one Year, or half a Year's Rent of their Lands, according to the Nature of their Offences j thole that had no Lands were fined in Goods.
All Obligations, Writings, or Inftruments, made by the King, or his Son, concerning the Oxford Provifions, or made or entered into by any of the King's faithful Subjects, by reafon of the Troubles, were made null and void by this Award: Whereby it was declared, that the King might and ought to exercife his Royal Power and Authority, without the Let or Contradiction of any one ; by which, contrary to the Laws and Cuftoms of the Land, which had long fubfifted, his Royal Dignity might have been injured ; yet the Great Charter, and the Charter of the Foreft, were to remain in full Force by this Judgment.
The Commiffioners alfo requefted the King and Le- gate, that, under Danger of Corporal Punimment and [ 75 J Kcclefiaftic Cenfure, they would ftriclly forbid any to fpeak of Simon Montfort as a Saint, or to fpread the vain and foolifh Miracles reported of him.
They alfo humbly befeeched the Legate to abfolve the King, and all others of the Kingdom, both great and fmall, from the Qaths they had taken to obferve certain Charters concerning the Oxford Provifions ; to the Ob- fervation of which they were bound by the Sentence of Excommunication pronounced againft fuch as did not obferve them.
This Award, or Difium de Kenelwortb, was finifhed in the Caftle of Kenelworth on the 3ift of Oftober, in the Year of Grace 1266, and the 5Cth Year of the Reign of King Henry*
74 The Parliamentary HISTORY
Kingflflfiy HI. The Year after, 1267, Henry called another Parlia- A oRe . ment to meet at St. Edmundjbury\ where, fays the Con- '"n°ja6^I4I'tinuator of Matthew Paris, were fummoned to appear, the Earls, Barons, Archbifhops, Bifhops, Abbots, and bur™ '"all that owed him Military Service, with their Horfe and Arms, to go againft thofe Rebels who had got into the Ifle of Ely, and ftill held it out againft him. This is a prepofterous Way of fummoning a Parliament, which the Monk fpeaks of; however, it is certain there was fome other Bufinefs intended to be done at this Meeting more than going to fight: For the fame Author has given us an exact Account of the King, with the Pope's Legate, who was then with him, and what De- mands they made for a Supply from the Clergy, with their Anfwer to each Article.
1. It was demanded, * That the Prelates and Rec-
* tors of Churches fliould grant them the Tenths of their
* Churches for three Years next to come, and for the ' Year laft paft, as they gave the Barons for keeping the ' Coafts againft the Invaiions of Strangers.' To this it was anfwered, * That the War began by unreafonable ' Defires, and did then continue, and therefore it was e neceflary to forbear repeating the like Demands, and
* treat of the Peace of the Kingdom ; and make Ufe of c the Parliament to the Benefit of the Church and King-
[ 76 ] ' dom ; and not to extort Money, efpecially, when the ' Nation was fo much deftroyed by the War, that, if ' ever, it muft be a long Time before it could recover, « itfelf.
2. They required, * That the Churches might be c taxed by Laymen, according to their true and higheft ' Value.' To this it was anfwered, ' That it was not
* reafonable, but contrary to Juftice, that Laymen fliould
* meddle with collecting of Tenths ; nor would they ' ever confent to a new Way of taxing, but that the old « fhould ftand.
3. ' That the Biflbops and Abbots fhould pay the
* Tenths of their Baronies and Lay Fees, up to their ' true and higheft Value.' Anfwered, 4 That they were 4 impoverimed by Depredations and Plunderings ; that « they followed the King in his Expeditions, and fpent ' fo much Money that they were grown very poor, and 1 that their Lands laid uncultivated by rcafon of the War.
4. It
.of ENGLAND. 75
4. It was demanded, « That the Clergy, in commonyKing He*ry,\\i*
* fhould give to the King 30,000 Marks for the afore- ' faid Tythes, which a certain Legate had claimed for ' the Ule of the Court of Rome, for the Debts contract- 4 ed in Sicily, Apulia, and Calabria, in the Name of the
* Lord Edmund, the King's Son, then prefent.' Anfwer,
* That they would give nothing, becaufe all thefe Taxa-
* tions and Extortions, firft made by the King, were 4 never expended to the Ufe of the King and Realm0.
5. They required, ' That all Clerks, holding Baro- 4 nies or Lay Fees, fhould go arm'd in their own Per- ' fons againft the King's Enemies, or find fo much Ser- c vice as belongs to their Lands or Tenements.' To this they anfwered, * That they ought not to fight with
* the material but fpiritual Sword, that is, with their.
* Prayers and Tears : And that, by their Benefices or 4 Fees, they were bound to maintain Peace, not War. 4 That they held their Barony in Frank Almoign, in pure 4 Alms, and therefore ow'd no Military Service but what 4 was certain, and would not perform any that was new.
6. They required, on the Pope's Behalf, ' That with
4 all Speed the Expedition of the Crofs might be preach'd [77]
* through the whole Kingdom.' To this it was an- fwered, c That a great Part of the People had been ' killed T?y the War; that, if now they fhould undertake
* the Cruiade, few or none would be left to defend the ' Nation.
7. At laft it was faid, * That the Prelates were abfo-
* lutelv bound to comply with all thefe Demands, on
* the Oath which they had taken at Coventry, that they
* would artift the King by all the Ways they were able.' To this they alfo anfwered, * That, when they made
* that Oath, they only meant it of fpiritual Help and 4 wholefome Counfel.'
What was done further at this Parliament we cannot learn ; it does not appear that there was any Attempt made againft the Difmherited in the Ifle of Ely ; only they were reftrained from making Excurfions by the Forces the King kept with him at Cambridge. It muft be owned that the Clergy behaved themfelves very ftoutly againft the King and Legate at this Meeting ;
but
0 Pr. Brady has omitted this whole Demand aftd Anfwer in hisTranl'- : the!e Articles, p. 661 j making the fifth Anicle the fourth, aui !o on : Bu: v;heti«r by Defswn or not, let the Reader judge.
7 6 The Parliamentary HISTORY
King Henry III, jjUt they found Means afterwards to bend them by an ex- prefs Bull from the Pope, whereby he granted the King the Tenths of all Ecclefiaftical Benefices whatfoever for three Years. This Bull was dated at Viterbo, June 9, in the ad Year of his Pontificate, A. D. 1267, the 5ift Gi Henry III. and directed to his Legate Ottoboni p.
In the Year 1267 King Henry called the laft Parlia- ment in his Reign, being fummoned to meet at Marl-
ough the iQth of November ; in which, by the Aflent of the Earls and Barons, were made the Statutes of Marlborougby in which a general Provifion for the Ob- fervance of the two Great Charters was ordained q.
In the Year 1272 died Henry III. King of England, after having reigned fifty-fix Years and twenty Days, and was buried at Wejlminfter. « A Reign, fays an ' Hiftorianr, fo full of remarkable Contingents, partly * through the Weaknsfs and Inconftancy of the Prince, ' and partly through the Pride and Impatience of a ( 78 ] * ftubborn Nobility, that it takes up a tenth Part of ' the Englifo Hiftory from the Norman Conqueft.
TAXES in this King's Reign. s.
Taxes during the ^ I ^HE Parliament call'd at Northampton, in the Year Rei?n of King _|_ 1 224., granted the King two Shillings of every Htnry IIP. Plough Land ; and the King granted the Barons Scutage, two Marks of every Knight's Fee. M. Paris.
The Parliament call'd at Weftminfter granted the King a Fifteenth of all Moveables, as well of Clergy as Laity, in the whole Kingdom, for the Grant, or Confirmation, of M«gna Cbarta. The fame Year there was a fortieth Fait of all Moveablcs granted. M. Paris.
In the Year 1226 the King wrote to his foreign Bifhops and Clergy to give him a Fifteenth of all their Moveables, as the Bifhops and Clergy of England had then done. Pat. j I H. III. m. n.
The next Year he compelled the City of London to pay him 5000 Marks, becaule they had given as much
to
P Cart. 51 77. III. K. 10. in fchedula.
<5 .'iffcnfu Comitum &f Baromtm. M. Paris. See the Statutes at largi. I Sam. Daniel's, K-ftory cf Erg/ar.d.
• See a fuller Account of thcl'c Taxes in Stephens** Rrya! Ircafurr tf *«jf.W. LnJ. 1725.
of E N G L A N D. 77
to Lewis , late King of France, when he left England jK'nS Htnry HI* and levied a Fifteenth, Y^f. Paris.
At the fame Time he took from the Burgefles of Northampton an Aid of I200/. befides one Fifteenth.
He likewife forced all religious and beneficed Clerks to pay a Fifteenth, as well out of their Spirituals as Temporals ; and they who were unwilling to pay were compelled either by the King's Authority or Ecclefia- ftical Cenlures.
Soon after this the Religious and others had Notice, that unlefs they renewed their Charters the old ones fhould be of no Advantage to them; and for the Re- newal every one paid according to his Faculty, at the Difcretion of the Judiciary. M. Paris.
In the Year 1230 Archbifliops, Bifhops, Abbots, and Priors gave a great Sum of Money for recovering his Rights beyond Sea. At the fame Time he put the Citizens of London to grievous Redemption, and forced the Jews to pay him a third Part of what they were worth. M. Paris.
In the Year 1231 the King required a Scutage of [ 70 1 three Marks of every Knight's Fee, of all that held Baronies, as well Prelates as Laics: This was oppofed by the Archbifhop of Canterbury r and fome other Bi- fhops, but was agreed to by all the others. M. Paris.
In a Parliament held at Lambeth, in the Year 1232, a fortieth Part of all Moveables, as well of Ecclefiaftics as Laics, was granted to the King, and was colle&ed very foori after. M. Paris.
In the Year 1235 he had two Marks of every Plough Land, for the Marriage of Ij'abel his Sifter \.Q Frederic^ Emperor of Germany, and gave with her 30,000 Marks for her Portion. Clauf. 21 H. III. m. I. & m. 21. dorf.
In the Year 1237 a thirtieth Part of all Moveables was granted to the King. M. Paris.
In the Year 1242 the King requir'd a Scutage of three Marks from every Knight's Fee through all England. So M. Paris ; but others fay only twenty Shillings.
In a Parliament held at London, in the Year 1244, twenty Shillings of every Knight's Fee was granted to the King for the Marriage of his eldeft Daughter. M. Paris,
t ftcbrd Wttbtrtlnd. I«
The Parliamentary HISTORY
In the Year 1253 the Clergy granted the Tenth of all Ecclefiaftical Revenues for three Years, and the Nobi- lity three Marks of every Knight's Fee, for the Relief of the Holy Land, on the King's Confirmation of Magna Charts. M. Paris.
In the Year 1267 three Years Tenths of allChurch Revenues were granted to the King by the Pope. Cart. 5 1 //.III. m. 10. fched.
And in the Year 1270 a twentieth Part v/as granted the King. Cl. 54 H. III. m. n. dorfo.
[ 80 ] TfDWARD, the firft of that Name after the Con- •*-* queft, was in the Holy Land at the Time of the Death of his Father King Henry ill. However, he was