where they recouered Poyters, & kept Gasconie vnder the kynges obedience. Ex Mat. Paris Triuet. Flor. hist.

Marginalia1224.
Wardshyp first graunted to the king.In the same yeare, or as Fabian geueth, the next folowyng whiche was. 1224. by the vertue of a certayne Parliament: was graunted of the Lordes and Baronie of the land: the kyng and his heyres, to haue the warde & mariage of their heyres: whiche then was called, and after so proued, to be Initium malorum, the begynnyng of harmes.

MarginaliaEx Gisburnensi. & alijs.In the same yeare, by the count of Gisburne and other writers, the said king holdyng an other Parliamēt at Oxford, by the aduise of his counsaile and of his clergy: did graunt and confirme vnder his great seale, two chartes of the old liberties and customes of this realme, for euer to be kept and obserued, MarginaliaMagna Charta.
Charta de foresta.the one called Magna Charta: the other Charta de foresta. The contentes wherof, fully in the forenamed author be expressed. For the which cause, was graūted agayne by the whole Parliament a Quindecim, or a fiftene of al his subiectes as wel of lay men, as also of the clergy. ¶ Where is to be noted, that these liberties were afterward broken, and confirmed agayne by the sayd kyng. an. 1236.

An. 1226. dyed pope Honorius a great aduersary agaynst Fredericke the Emperour, after whom succeded Gregory the ix, more greuous then his predecessour. In the whiche yeare also dyed Ludouicke þ^e periured Frēch kyng, at the siege of Auinion. Whom the pope nowe the second or thyrd tyme had set vp to fight agaynst Reimund the good Earle of Tholouse and the heretickes Albingenses of that coūtrey. For so the pope calleth al thē, whiche hold not in all pointes, with his glorious pride, & vsurped power and vngodly procedynges. The origine wherof was this, as in Mat. Paris. appeareth. In the dais of Philippe the French kyng, this Reimundus Earle of Tholouse was disdayned of the Pope for holdyng with the Albingenses: and therefore by the instigation of the pope, the landes of the Earle were taken from hym and geuen to Symon Montfort, and instrumentes made vppon the same. But when the sayde Earle Reimundus would not be remoued from the right of his possessions, by vnrightuous dealyng: MarginaliaThe pope raiseth war.then the pope setteth Philippe the Frenche kyng, to make open warre agaynste hym. Wherupon, Lewes the Frenche kynges sonne was sent with a great power (as is aboue declared) to besiege the citie of Tholouse. But beyng repulsed from thence, by þ^e meruelous hand of God fightyng for hys people, could not preuaile, and so returned home, after he had lost the most part of his army by pestilence, and other calamitie as hath ben before described. And thus continued þ^e good Earle still in quyet possession, till this present tyme. an. 1226. Marginalia1226.
The popes wicked malice agaynst the christen Erle of Tholouse.In the which yeare, the pope not forgettyng hys old malice agaynst the Earle, and no lesse inflamed with insatiable auarice, directeth down his legate master Romanus to the partes of Fraūce, for ij. seuerall purposes: One to extirpe the Earle, the other to enlarge his reuenewes. Thus the legate beyng entred into Fraunce, beginneth to summone a coūcel, willyng the French king with the archbishops, bishops, and clergy of Fraunce to appeare before him at Bitures. MarginaliaMarke reader the ryght nature of pharisies striuing for the chiefe place.To whom eftsones repaired vi. archbishops, with the bishops and suffragans of ix. prouincies, to the nūber of. 100. besides the abbats, priours, and proctours of all the conuentes of Fraunce, to heare the Popes will and commaundement: but because there was a discorde feared to rise (saith Mathæus) about preeminence of sitting, for that the Archbishop of Lions chalenged þ^e superiour place aboue þ^e Archbishop of Sene. Also the archbishop of Roane, aboue the archbishop of Bitures, and aboue the archbishop of Narbone &c. Therfore the session was holden there, not in maner and forme of a councel, but of a certaine parlie, or consultation. Thus the meke and holy councel beyng set, & the popes maiesties letters read and declared: appeareth before thē Reimunde Earle of Tholouse of the one part.MarginaliaThe pope geueth the ryght possessions away from the owners.And Symon Mountfort on the other part. Whiche Symō, required to be restored vnto him þ^e lādes & possessiōs of þ^e sayd Reimunde, whiche the Pope and Philippe the French kyng, had geuen to him and to his father before: hauing good euidences to shew for the same, confirmed by the donation of the pope, and of þ^e kyng. MarginaliaReimundus wrongfully disherited by the pope.Addyng moreouer, that the Earle Reimunde was depriued and disherited in the generall councel at Rome for heresie, whiche is called the heresie of Albingenses. At least if he myght not haue the whole yelded vnto him, yet the most part of his Lordships he required to be graunted to him.

MarginaliaReimunde the good Earle of Tholouse aunswereth for hym selfe.To this the Earle Reimunde aunswered agayn, offeryng him selfe ready to all dewties & office both toward the French kyng, and to the churche of Rome, what soeuer dewlye to him dyd apperteine. And moreouer touchyng the heresie, wherewith he was there charged: he did not onely there offer hym selfe in that councel before the legate, but most humbly did craue of hym, that he would take the paynes to come into euery citie within his precincte to inquire of euery person there the articles of his belefe: MarginaliaAlbingenses falsely suspected for heresie.and if he found any person or persons, holdyng that which was not catholicke, he would see the same to be corrected and amended, according to the censure of holy church to the vttermost. Or if he should find any citie rebellyng agaynst him, he to þ^e vttermost of his might with the inhabitaunce thereof, would compell thē to do satisfactiō therfore. And as touchyng hym self, if he had committed or erred in anye thyng (whiche he remembreth not to haue done) he offered there full satisfaction to God and churche, as becōmed any faithfull christen man to do, requiryng moreouer there before the legate to be examined of his fayth &c. MarginaliaThe proud vilanie of the popes LegatesBut all this (sayth Matheus) the legate despised: neither could the catholicke Earle (saith he) there finde any grace, vnles he would departe from his heritage: both from him self, and frō his heyres for euer. In fine, whē it was required by the contrary part that he should stand to the arbitrement of xij. peres of Fraunce: to that Reimundus aūswered, that if the French kyng would receaue his homage, whiche he was ready at all tymes to exhibite, he was cōtented therwith. For els they would not (sayd he) take hym, as one of there societie and felow subiect.

After much altercation on both sides about the matter, the legate willeth euery archbishop to call a side hys suffraganes, to deliberate w^t them vpon the cause: and to geue vp in writyng what was concluded. Which being done accordingly the legate donounceth excommunication to al such as did reuele any peece of that which was there concluded, before the pope and the kyng had intelligence therof.

These thynges thus in hudder mutter among them selues concluded, the legate gaue leaue to al proctours of couentes and chapters to returne home, onely reteining with him the archbishops, byshops, and abbats, and certain simple prelates, such as he might be more bold with all to open, and of them to obteine the other parte of his commission: MarginaliaMarke reader the practyse here of prelates, for thy learning.whiche was in dede, to obtaine of euery cathedrall churche ij. prebenships, one for the byshop, the other for the chapter. And in monasteries also after lyke sorte, where the abbat and the couent had diuers and seuerall portions: to require ij. churches, one for the Abbat, the other for the couent, kepyng this proportiō: that how much should suffice for the lyuyng of one munke, so much the whole cōuent should find for their part: and as much the abbat lykewise for hys. And for somuch as he would not seme to demaunde this without some colour of cause, his reason was this: that because the court of Rome had long ben blotted with the note of auarice, whiche is mother of al euill, for that no man could come to Rome for any busines, but he must solfe for the expedition of the same: therfore for the remouyng away of the occasion of that slaunder: the publike helpe of the church