The Magna Carta Project

The Papal Letters of 19 March and their Reception in England (May 1215)

May 2015, by Professor Nicholas Vincent

The seven letters translated below, in five cases (nos 3-7) for the first time, supply crucial evidence for the peace keeping efforts made in England in the weeks leading up to the baronial seizure of London on 17 May. These efforts were themselves the result of a papal initiative launched in letters issued from the Lateran Palace on 19 March. These letters (nos 1-3, here reprinted after their edition and translation by Christopher Cheney) took many weeks to reach England. Taken together, they may well represent the settlement referred to subsequently as a 'triplex forma pacis', that the barons and their supporters are said to have spurned.1 The Crowland chronicler suggests that they arrived before the baronial diffidation of King John, at the beginning of May. In reality, as I have shown elsewhere, the first certain reference we have to their arrival occurs in royal letters of 9 and 10 May (below nos 4-6). The letters themselves condemned baronial conspiracy whilst asking that the King listen to the just complaints of his barons. Even so, they can have left the barons in no doubt that the Pope was principally concerned to protect the King rather than his barons. Barons who failed to return to obedience were to be excommunicated by the Church.

Two of these papal letters (nos 1-2), addressed to the barons and the bishops, survive in their entirety. The third (no.3), to the King himself, is known only from a précis in later papal correspondence. This précis nonetheless makes clear that it was from this lost papal letter of 19 March that King John took his highly significant idea, on 10 May, of referring ongoing disputes to judgment 'by peers or by the law of the land'. This phrase, subsequently adopted into the Articles of the Barons and thence into clause 39 of Magna Carta, still finds a place on the English Statute Book today. Three weeks before the Runnymede meeting, it can be found in letters of the King, issued on 29 May 1215 (below no.7), in which John informed the Pope of his attempts to implement the settlement proposed in the papal letters of 19 March. Archbishop Langton, so the King complained, had refused to impose the sentence of excommunication demanded against the barons by the Pope's letters, even despite the King's agreement to send home his foreign mercenaries. The barons themselves had refused all offers of compromise, including the King's promise (of 10 May) to allow them justice 'in all their petitions by consideration of their peers' ('per considerationem parium suorum').2

The King's letters of 29 May are themselves vital to our understanding of negotiation. They refer, for example, to the King's taking of the cross on 4 March and offer us our only glimpse of an appeal against disturbers of the realm, launched by John via William Marshal and William earl Warenne, apparently after 4 March but before the negotiations of late April. At the same time, they supply an account of events that is far from frank. By emphasizing the King's status as a crusader, they in effect threaten the Pope that, without resolution to the political crisis, the Pope's own plans for crusade would be disappointed. Meanwhile, they appear deliberately to conflate the archbishop's refusal to excommunicate the rebels, after c.9 May 1215, with the offer, implemented as long ago as 13 March, whereby the King discharged foreign mercenaries he had summoned to the defence of England.

The archbishop, the King declares, had failed to make good his promise to excommunicate the rebels despite the King's dismissal of his mercenaries. In reality, these were two distinct events, separated by nearly two months. The failure of the archbishop to excommunicate the rebels, even after the Pope's letters were received in early May, was indeed remarkable and in due course was to enable the King to secure Langton's suspension from office. However, the King was clearly disingenuous in his linking of the events of March and May. By May, indeed, he had summoned to his assistance an entirely new mercenary army, distinct from that of March. What the letters of 29 May do confirm is that, throughout the spring and early summer of 1215, the barons, and apparently Langton, regarded the King's importation of foreign mercenaries as itself a provocation both to rebellion and to the refusal, by the Church in England, to excommunicate the rebels. This is a point emphasized by the Crowland chronicler, who reports that as early as the time of the King's taking of the Cross, on 4 March, the barons viewed the King's summons to foreign mercenaries as a provocation and as a denial of the terms that they had been promised by the King in January 1215.3

As for the Crowland chronicler's misdating of the arrival of the papal letters of 19 March, I have one tentative suggestion to offer. Crowland refers to these letters being presented to a gathering near Oxford, but in circumstances in which the meaning of the letters themselves becomes warped. The Pope's letters are described as 'addressed to the King on behalf of the barons', advising John 'to listen to their just requests', with 'other letters to the archbishop on behalf of the King in which he was commanded to quash by apostolic authority all conspiracies or cabals made against the King and by the same authority to forbid any such in future'. In other words Crowland presents the Pope as essentially favourable to the baronial party. Crowland suppresses any mention of the highly critical papal letters to the barons. Nor does he mention that Langton and the bishops were specifically commanded to excommunicate the conspirators. This is a distinctly misleading, but one might argue a distinctly ecclesiastical view of the matter. Elsewhere, Crowland offers a unique reference to an attempt by Langton to hold a provincial council at Oxford, assigned to the period after the siege of Northampton and before the fall of London on 17 May. The archbishop's summons drew various clergy, the chronicler reports, but was then cancelled due to the disturbance of the realm.4 Was it perhaps from this abortive attempt at a Church council that the Crowland chronicler first learned of the Pope's letters, in circumstances so confused that his own chronology of events was itself disarranged?

Further discussion of the letters translated below is to be found elsewhere.5 The texts are supplied here, being essential to our understanding of the diplomatic initiatives unfolding in the spring and early summer of 1215. The first three letters are reproduced after their edition by Christopher Cheney. The remaining four have been re-edited from their copies in The National Archives, in the case of no.7 with significant amendments and corrections to the standard edition supplied in Foedera. One further point remains to be made. Reviewing Christopher and Mary Cheney's great edition of The Letters of Pope Innocent III (1198-1216) concerning England and Wales (Oxford, 1967), Sir Richard Southern issued a warning to his successors. Historians henceforth dependent upon the Cheneys rather than the archives for their understanding of papal policy must always remember that the loss of the papal registers for Innocent III's 17th, 18th and 19th years, covering the period from February 1214 to June 1216, deprives us of knowledge of a crucial period in Anglo-papal diplomacy. This is only partially compensated by the scattered evidences surviving elsewhere.6 All the more reason therefore for us to pay proper attention to those papal letters that do survive.

 

 

1. Letters of the Pope to the magnates and barons of England denouncing all leagues and conspiracies made against the King since the beginning of the dispute between regnum and sacerdotium (i.e. from the imposition of the Interdict in 1208), requesting that the barons render their due services and make their demands respectfully from the King who has himself been enjoined to hear their just petitions. (The Lateran, 19 March 1215)

Lettes of the Pope to the magnates and barons of Engalnd

Letters of the Pope to the magnates and barons of England, TNA C 66/12 (Patent Roll 16 John) m.1d.

B = TNA C 66/12 (Patent Roll 16 John) m.1d.  C = TNA C 66/13 (Ibid.) m.1d.

Printed (from B) Foedera, Conventiones, Litterae etc., or Rymer’s Foedera, 1066-1383, ed. A. Clarke et al., vol. 1, part i (London, 1816), 127 (whence Potthast 4960); (from BC, with English translation) Selected Letters of Pope Innocent III concerning England (1198-1216), ed. C.R. Cheney and W. H. Semple (London, 1953), , 194-5 no.74; (calendar from BC) The Letters of Pope Innocent III (1198-1216) concerning England and Wales: a calendar with an appendix of texts, ed. C. R. Cheney and M. G. Cheney (Oxford, 1967), 167 no.1001. The translation below lightly adapted from that by Cheney and Semple. In the chancery enrolment, the present letters appear above no.2 below. The Latin text here reproduced from the edition by Cheney and Semple.

 

Innocentius etc dilectis filiis magnatibus et baronibus Anglie salutem et apostolicam benedictionem. Graue gerimus et molestum quod sicut accepimus inter karissimum in Cristo filium nostrum I(ohannem) regem Anglorum illustrem et quosdam vestrum propter questiones nouiter suscitatas dissensio est suborta graue dispendium paritura nisi aceleriter a fuerint prudenti consilio ac studio diligenti sopite. Illud autem reprobamus omnino si quemadmodum a multis asseritur conspirationes aut coniuraciones feceritis ausu temerario contra ipsum, quodque cum armis irreuerenter et indeuote repetere presumpsistis que cum humilitate bac deuocioneb si opus esset vos repetere debebatis. Ne igitur ipsius bonum propositum huiusmodi occasionibus valeat impediri, nos omnes conspiraciones et coniuraciones presumptas a tempore suborte discordie inter regnum et sacerdotium apostolica denunciamus auctoritate cassatas et per excommunicacionis sentenciam inhibemus ne talia de cetero presumantur, vos monendo prudenter et efficaciter inducendo ut per manifesta deuocionis et humilitatis indicia ipsum regem vobis placare ac reconciliare curetis, exhibentes ei seruicia consueta que vos et predecessores vestri sibi et suis predecessoribus impendistis. Ac deinde, si quid ab eo duxeritis postulandum, non insolenter sed cum reuerencia imploretis, regalem ei conseruantes honorem ut sic quod intenderitis valeatis facilius optinere. Nos autem eundem regem per scripta nostra rogamus et obsecramus in domino, in remissionem ei peccaminum iniungentes ut vos benigne pertractet et iustas peticiones vestras clementer admittat, ut et vos ipsi congaudendo noscatis eum, diuina gratia faciente, in meliorem statum esse mutatum, ac per hoc vos et heredes vestri sibi et successoribus suis debeatis prompcius et deuocius famulari. Quocirca nobilitatem vestram rogandam duximus et monendam, per apostolica vobis scripta mandantes, quatinus tales in hoc vos exhibere curetis quod regnum Anglie optata pace letetur et nos in necessitatibus vestris cum opus fuerit necessarium vobis impendere debeamus auxilium et fauorem. Dat' Laterani, xiiii. kal' Aprilis pontificatus nostri anno octauodecimo.

Innocent etc to his beloved sons, the magnates and barons of England, greeting and apostolic benediction. It is a grievous trouble to us that, as we have heard, a difference between some of you and our well-beloved son in Christ, John, illustrious King of the English, has arisen over certain matters recently in dispute; a difference which will cause serious loss, unless the matters are quickly settled by wise counsel and earnest attention. We utterly condemn it, if (as alleged by many) you have dared to form leagues or conspiracies against him and presumed arrogantly and disloyally by force of arms to make claims which, if necessary, you ought to have made in humility and loyal devotion. Lest, therefore, the King's good intention should be thwarted for reasons of this kind, by apostolic authority we denounce as null and void all leagues and conspiracies set on foot since the outbreak of dissension between the regnum and the sacerdotium, and under sentence of excommunication we forbid the hatching of such plots in future, prudently admonishing and strongly urging you to appease and reconcile the King by manifest proofs of your loyalty and submission, rendering him the customary services which you and your predecessors paid to him and his predecessors. And then, if you should decide to make a demand of him, you are to implore it respectfully and not arrogantly, maintaining his royal honour, so that you may the more easily gain your object. We are asking the King in our letter and praying him in God's name, and enjoining it on him as he hopes to have his sins remitted, to treat you kindly and to hear your just petitions graciously, so that you too may know with rejoicing that, through divine grace, he has had a change of heart, in virtue of which you and your heirs ought to serve him and his successors with more willingness and devotion. Wherefore, we have thought fit to request and counsel you, and by apostolic letter to order, that you should be careful so to behave in this matter that the realm of England may rejoice in the peace it desires, and that we may grant you in your necessities (if occasion arise) the necessary help and favour. Given at the Lateran, 19 March, in the 18th year of our pontificate.

 

 

2. Letters of the Pope to S(tephen) archbishop of Canterbury and his suffragans, requiring them to denounce all leagues and conspiracies made against the King since the beginning of the dispute between regnum and sacerdotium (i.e. from the imposition of the Interdict in 1208), reporting rumours that the bishops have given undue support to the rebels, asking that they excommunicate all involved in such conspiracies, and to ensure that the barons render their due services and make their demands respectfully from the King who has himself been enjoined to hear their just petitions. (The Lateran, 19 March 1215)

Letters of the Pope to Stephen archbishop of Canterbury and his suffragans

Letters of the Pope to Stephen archbishop of Canterbury and his suffragans, TNA C 66/12 (Patent Roll 16 John) m.1d.

B = TNA C 66/12 (Patent Roll 16 John) m.1d.  C = TNA C 66/13 (Ibid.) m.1d.

Printed (from B) Foedera, 127 (whence Potthast 4961); (from BC, with English translation used below) Cheney and Semple, Selected Letters of Innocent III, 196-7 no.75; (calendar from BC) Cheney and Cheney, Letters of Innocent III, 167 no.1002. In the chancery enrolment this appears ahead of no.1 above. The Latin text here reproduced from the edition by Cheney and Semple.

 

Innocentius episcopus seruus seruorum Dei venerabilibus fratribus S(tephano) Cantuariensi archiepiscopo sancte Romane ecclesie cardinali et suffraganeis eius salutem et apostolicam benedictionem. Mirari cogimur et moueri graue gerentes plurimum et molestum quod cum inter vos et karissimum in Cristo filium nostrum I(ohannem) regem Angl(ie) illustrem pax ad honorem Dei et ecclesie sit feliciter reformata dissensiones inter ipsum et quosdam magnates atque barones necnon complices eorumdem dissimulastis hactenus et conniuentibus oculis pertransitis, ad sopiendum illas non curantes interponere partes vestras, quamuis nullatenus ignoretis quod, nisi cceleriterc fuerint prudenti consilio ac studio diligenti sopite, tantum ac tale scandalum eorum occasione possit accidere toti regno quod forte nequiret absque multo dispendio ac magno labore sedari, nonnullis suspicantibus et dicentibus quod super questionibus contra ipsum regem nouiter suscitatis vos illis prebetis auxilium et fauorem, cum temporibus clare memorie patris et fratris sui necnon ipsius usque post pacem inter vos et ipsum nostra mediante sollicitudine reformatam huiusmodi questiones non fuerint suscitate. Illud autem reprobamus omnino si, quemadmodum a multis asseritur, conspiraciones aut coniurationes fecerint ausu temerario contra ipsum quodque cum armis irreuerenter et indeuote repetere presumpserunt que cum humilitate ac deuocione, si opus esset, repetere debuissent. Ne igitur ipsius bonum propositum huiusmodi occasionibus valeat impediri, fraternitatem vestram rogamus et exhortamur in domino, per apostolica vobis scripta precipiendo mandantes, quatinus ad reformandam inter utrosque concordiam diligens studium impendatis et operam efficacem, omnes coniuraciones et conspiraciones presumptas a tempore suborte discordie inter regnum et sacerdocium apostolica denunciantes auctoritate cassatas et per excommunicacionis sentenciam inhibentes ne talia de cetero presumantur, prefatos nobiles monendo prudenter et efficaciter iniungendo ut per manifesta deuocionis et humilitatis indicia ipsum regem sibi placare ac reconciliare procurent, exhibentes ei seruicia consueta, que ipsi et predecessores eorum sibi et suis predecessoribus dimpenderuntd. Ac deinde, si quid ab eo duxerint postulandum, non insolenter sed reuerenter implorent regalem ei conseruantes honorem ut sic quod intendunt valeant facilius optinere. Nos enim eundem regem rogamus et obsecramus in domino, in remissionem sibi peccaminum iniungentes, quatinus predictos nobiles benigne pertractet et iustas peticiones eorum clementer admittat ut et ipsi congaudentes congnoscant eum, diuina gratia faciente, in meliorem statum esse mutatum ac per hoc ipsi et heredes eorum sibi et successoribus suis prompcius et deuocius debeant famulari. Dat' Laterani, xiiii. kal' Aprilis pontificatus nostri anno octauodecimo.

Innocent bishop, servant of the servants of God, to his venerable brothers, Stephen archbishop of Canterbury, cardinal of the Holy Roman Church, and his suffragans, greeting and apostolic benediction. We are forced to express surprise and annoyance, indeed we feel it a most grievous trouble, that, when peace to the honour of God and the Church has been happily restored between you and our well-beloved son in Christ, John illustrious King of England, you have till now ignored the differences between him and certain magnates, barons, and associates of theirs, wilfully shutting your eyes and not troubling to mediate for a settlement, although you are well aware that, unless these issues are quickly settled by wise counsel and earnest attention, such a great scandal may thereby befall the whole kingdom as could not be ended without great expense and labour. Some indeed suspect and state that, in the issues recently raised with the King, you are giving help and favour to his opponents, for such issues were never raised in the reigns of his father and brother of famous memory, nor in his own reign until after the restoration of peace between you and him at our mediation. We utterly condemn it if, as many allege, they have dared to form leagues or conspiracies against him and presumed arrogantly and disloyally by force of arms to make claims which, if necessary, they ought to have made in humility and loyal devotion. Lest, therefore, the King's good intention should be thwarted for reasons of this kind, we request and exhort you in the Lord, directing and commanding you by apostolic letter, to devote earnest attention and energetic effort to restoring agreement between the parties. By apostolic authority we denounce as void all leagues and conspiracies set on foot since the outbreak of dissension between the kingdom and the priesthood, and under sentence of excommunication we forbid the hatching of such plots in future, prudently admonishing and strongly urging the said nobles to appease and reconcile the King by manifest proofs of their loyalty and submission, rendering him the customary services which they and their predecessors paid to him and his predecessors; and then, if they should decide to make a demand of him, let them implore it not arrogantly but with respect, maintaining his royal honour, so that they may the more easily gain their object. For we are requesting the King, and praying him in God's name, and enjoining it on him as he hopes to have his sins remitted, to treat the said nobles kindly and to hear their just petitions graciously, so that they too may know with rejoicing that through divine grace he has had a change of heart, in virtue of which they and their heirs ought to serve him and his successors with more willingness and devotion. Given at the Lateran, 19 March, in the 18th year of our pontificate.

 

 

3. Lost Letters in similar terms addressed to King John, amongst other things requiring that the King issue securities to the barons so that their disputes may be judged in his court by their peers in accordance with the customs and laws of the realm. [?The Lateran, 19 March 1215]

Letters of the Pope sent to the barons on 18 June

Letters of the Pope sent to the barons on 18 June, TNA SC 7/52/2

Both the surviving papal letters of 19 March, nos 1-2 above, refer to a third letter sent to the King on the same occasion, requesting the King, on pain of the remission of his sins, 'to treat the nobles kindly and to hear their just petitions graciously, so that they too may know with rejoicing that through divine grace he has had a change of heart'. Further details of the lost letter to the King emerge from letters of the Pope sent to the barons on 18 June (Cheney and Cheney, Letters of Innocent III, 169, 272-3 no.1013, from an original now TNA SC 7/52/2, whence W. Prynne, The Third Tome of an Exact Chronological Vindication ... of our .... King's Supream Ecclesiastical Jurisdiction (London, 1668), 27; G. B. Adams, 'Innocent III and the Great Charter', Magna Carta Commemoration Essays, ed. H. E. Malden (London, 1917), 43-5, 'De partibus Anglie'), reporting the exchanges that led to the dispatch of the letters of 19 March, themselves reported in detail, and referring in greater depth to the letters sent on that occasion to the King: 'ac insuper moneri mandauimus regi prefato, in remissionem sibi peccaminum iniungendo, quatinus benigne pertractans nobiles antedictos iustas petitiones eorum clementer admitteret, plena eis in veniendo, morando et recedendo securitate concessa pariter atque data, ita quod si forte non posset inter eos concordia prouenire, in curia sua per pares eorum secundum regni consuetudines atque leges mota deberet dissensio terminari' ('And moreover we commanded the aforesaid King, enjoining him, in remission of his sins, that dealing kindly with the aforesaid nobles, he would mercifully hear their just petitions, with a security given and conceded to them in coming, staying and departing, so that should peace not arise between them, the dissension ought to be settled in his court by their peers according to the customs and laws of the realm'). A summary in almost identical words of the Pope's lost letters to King John occurs in the bull 'Etsi karissimus' of 24 August 1215, reporting events since 1213 as the basis from which to annul the settlement agreed at Runnymede, printed (from an original, now BL ms. Cotton Cleopatra E i fo.155) Foedera, 135; Cheney and Semple, Selected Letters of Innocent III, 212-16 no.82, esp. p.214: 'Nos enim eundem regem per litteras nostras rogauimus et monuimus, et per prefatos archiepiscopum et episcopos nichilominus rogari et moneri mandauimus, in remission sibi peccaminum iniungentes quatinus predictos magnates et nobiles benigne tractaret et iustas petitiones eorum clementer admitteret, ut et ipsi congaudendo cognoscerent eum in meliorem statum diuina gratia esse mutatum, ac per hoc ipsi et heredes eorum sibi et heredibus suis deberent promptius et deuotius famulari, plena eis in veniendo, morando et recedendo securitate concessa, ita quod si forte nequiret inter eos concordia prouenire, in curia sua per pares eorum secundum leges et consuetudines regni suborta dissensio sopiretur' ('For we in our letters, and equally through the archbishop and bishops, have asked and advised the King, enjoining it on him as he hopes to have his sins remitted, to treat these magnates and nobles kindly and to hear their just petitions graciously, so that they too might recognize with gladness how by divine grace he had a change of heart, and that thereby they and their heirs should serve him and his heirs readily and loyally; and we also asked him to grant them full safe conduct for the outward and homeward journey and the time between, so that if they could not arrive at agreement, the dispute might be decided in his court by their peers according to the laws and customs of the kingdom').

 

 

4. A charter of King John establishing a committee of eight, acting under papal supervision, to consider baronial grievances. (Windsor, 9 May 1215)

Charter of King John establishing a committee of eight

Charter of King John establishing a committee of eight, TNA C 53/12 (Charter Roll 16 John) m.2d.

B = TNA C 53/12 (Charter Roll 16 John) m.2d.  C = TNA C 53/13 (Duplicate of B) m.2d.

Printed (from B) RC, 209b, whence Holt, Magna Carta (1992), 492 no.3. Below printed from B.

 

I(ohannes) Dei gratia rex Angl(ie) etc omnibus Cristi fidelibus presentem cartam inspecturis salutem. Sciatis quod concessimus quod ponemus nos super iiii.or barones nostros Angl(ie) ex parte nostra quos elegemus, et barones nob(is) aduersantes ponant se super iiii.or alios quos eligent ex parte sua, ita quod dominus Papa sit supra illos de omnibus questionibus et artic(u)lis que petunt a nob(is) et que ipsi proponent, et ad que nos respondebimus quod nos stabimus per eorum considerac(i)o(ne)m et faciemus id quod ipsi considerabunt inter nos super pred(ict)os, ita quod non teneamur an(te) consideracionem factam ad aliquam de hiis que prelocuta sunt inter nos et a nob(is) oblata, saluis nob(is) interim finibus, debitis, seruiciis et omnibus sic(ut) habuimus an(te) discordiam inter nos motam. Et interim in huius rei testim(onium) hanc cartam nostram in(de) fieri fecimus. T(este) me ipso apud Wyndesor', ix. die Maii, a(nno) r(egni) n(ostri) xvi.mo

John King of England etc sends greeting to all of Christ' faithful inspecting the present charter. Know that we have agreed that we place ourselves upon four of our barons of England from our side whom we elect, and that the barons who are against us place themselves upon four others whom they elect from their side, so that the Pope should be over these (eight), in all questions and articles that the barons seek from us and propose, and to which we shall respond that we shall stand by the consideration (of the eight) and do that which they consider should be done between us on the aforesaid issues, provided that, before the consideration is made, we are not held to anything in these matters that have been discussed between us and that have been offered by us, saving to us meanwhile all fines, debts, services and all else just as we had these things before the dispute moved between us. And in the meantime, in testimony of these things, we have had our present charter made. Witnessed by myself at Windsor, 9 May in the 16th year of our reign.

 

 

5. Letters of King John referring to the committee of eight, to the securities to be supplied to the barons, and to judgment of baronial claims in the King's court 'by the law of the realm or by judgment of their peers'. (Windsor, 10 May 1215)

Letters of King John referring to the committee of eight

Letters of King John referring to the committee of eight, TNA C 66/12 (Patent Roll 16 John) m.3d.

B = TNA C 66/12 (Patent Roll 16 John) m.3d.  C = TNA C 66/13 (Ibid.) m.3d.

Printed (from B) RLP, 141, whence Holt, Magna Carta (1992), 492-3 no.4. Below printed from B.

 

Rex omnibus ad quos litere presentes peruenerint salutem. Sciatis nos concessisse baronibus nostris qui contra nos sunt quod nec eos nec homines suos capiemus nec dissaisiemus nec super eos per vim vel per arma ibimus nisi per legem regni nostri vel per iudicium parium suorum in cur(ia) nostra donec consideracio facta fuerit per iiii.or quos eligemus ex parte nostra et per iiii.or quos eligent ex parte sua et dominum papam qui superior erit super eos, et de hoc securitatem eis faciemus quam poterimus et quam debebimus per barones nostros. Et interim volumus quod episcopi London', Wygorn', Cestrens', Roffensis et W(illelmus) com(es) Warenn' interim eos securos faciant de predictis. Et si forte contra aliquod intercept(um) fuerit, infra competens tempus per predictos viii.to emendetur. Et in huius etc eis fieri fecimus. Apud Windesor', x. die Maii a(nno) r(egni) n(ostri) xvi.mo.

The King sends greetings to all to whom these present letters come. Know that we have granted our barons who are against us that we shall not take or disseise them or their men, nor go against them by force or by arms, save by the law of our realm or by judgment of their peers in our court, until such time as consideration has been made by the four whom we elected from our side and by the four they elected from their side and by the lord Pope who shall be above them, and in this we will make them a security in so far as we can and should via our barons. And in the meantime we wish that the bishops of London, Worcester, Chester and Rochester, and William earl Warenne grant them security in these things aforesaid. And if by chance, there should be anything alleged as a breach, within a reasonable time it shall be mended by the aforesaid eight. And in testimony of this, we have had these present letters patent made for them. At Windsor, 10 May, in the sixteenth year of our reign.

 

 

6. Letters of King John allowing judgment of the King's court to Geoffrey de Mandeville and Giles de Braose. (Windsor, 10 May 1215)                                                        

Letters of King John allowing judgement of the King's court

Letters of King John allowing judgement of the King's court to Geoffrey de Mandeville and GIles de Braose, TNA C 66/12 (Patent Roll 16 John) m.3d.

B = TNA C 66/12 (Patent Roll 16 John) m.3d.  C = TNA C 66/13 (Ibid.) m.3d.

Printed (from B) RLP, 141. Below printed from B.

 

Rex omnibus ad quos presentes litere peruenerint salutem. Sciatis nos concessisse quod Gaufr(idu)s de Mandeuill' habeat iudicium cur(ie) nostre de debito quod ab eo exigitur de fine quam nobiscum fecit pro habenda in uxore Isabell(a) comitissa Glouc', et quod E(gidius) episcopus Hereford' h(abe)at iudicium cur(ie) nostre de fine quam nobiscum fecit pro habenda terra que fuit W(illelmi) de Braiosa patris sui. Et in huius etc eis fieri fecimus. Apud Windes', x. die Maii, a(nno) r(egni) n(ostri) xvi.mo.

The King sends greeting to all to whom the present letters come. Know that we have granted that Geoffrey de Mandeville should have judgment of our court in the debt that is demanded from him for the fine he made with us to have Isabella countess of Gloucester as his wife, and that Giles bishop of Hereford should have judgment of our court in the fine he made with us to have the land that belonged to William de Braose, his father. And in testimony of these things, we have had the present letters patent made. At Windsor, 10 May, in the sixteenth year of our reign.

 

 

7. Letters of King John to the Pope reporting on his recent disputes with the barons and with the archbishop of Canterbury. (Odiham, 29 May 1215)

Letters of King John to the Pope reporting on his recent disputes with the barons and the archbishop of Canterbury

Letters of King John to the Pope reporting on his recent disputes with the barons and the archbishop of Canterbury, TNA C 54/12 (Close Roll 17 John) m.31d.

B = TNA C 54/12 (Close Roll 17 John) m.31d.   C = TNA C 54/13 (Duplicate of B) m.31d.

Printed (from B) Foedera, 129; (brief notice from B) RLC, i, 268b. Below printed from B, with significant amendments and corrections to the edition in Foedera.

 

Domino pape salutem et debitam tanto domino ac patri cum deuocione reuerenciam. Sanctitati vestre grates referimus multiplices de literis vestris pro nob(is) a paternitate vestra domino Cant' archiepiscopo et eius suffraganeis porrectis, necnon magnatibus et baronibus terre nostre, pro certo scituri quod barones nostri literas vestras in nullo exaudierunt. Dominus vero Cant' archiepiscopus et eius suffraganei mandatum vestrum execucioni demandare supersederunt. Nos vero, attendentes premissa, asserebamus baronibus nostris quod terra nostra patrimonium erat beati Petri, et eam de beato Petro et ecclesia Romana et de vob(is) tenebamus. Adiecimus etiam quod crucesignati eramus et petebamus beneficium et priuilegium crucesignatorum, ne turbaretur terra nostra, ne consummeretur in malos usus quam in subsidium Terre Sancte expendere proposueramus, et appellauerimus per W(illelmum) Mar(escallum) com(item) Penbroc' et W(illelmum) com(item) Warenn' contra perturbatores pacis terre nostre. Verum quia crucesignati fuimus, volentes in omnibus cum humilitate et mansuetudine procedere, salua appellacione nostra, obtulimus baron(ibus) illis quod omnes malas consuetudines suscitatas et per quemcumque introductas temporibus nostris penitus aboleremus necnon et malas consuetudines tempore regis Ric(ardi) fratris nostri subortas exstirparemus. De consuetudinibus aut(em) tempore patris nostri suscitatis, si que essent que eos grauerent, per consilium fidelium nostrorum operaremur. Sed nec hiis nec aliis supradictis contenti, omnia premissa recusarunt. Videntes igitur quod ipsi manifeste nitebantur ad turbacionem regni nostri, rogauimus dominum Cant' archiepiscopum et eius suffraganeos quod exequerentur mandat(um) vestrum, s(cilicet) quod secundum tenorem literarum vestrarum consueta nob(is) exhiberent seruicia, et postea si que a nob(is) petere vellent, cum humilitate et sine armis ea a nob(is) peterent, denunciantes eos exco(mmun)icatos qui post predicta eis oblata, pacem regni nostri perturbarent, et videbatur episcopo Exon' et magistro Pandulfo qui presentes erant quod de iure per s(ente)n(t)iam exco(mmun)icacionis eos compescere debebant. Sed archiepiscopus respondens ait quod s(ente)n(t)iam exco(mmun)icacionis in eos nullo modo proferret, quia bene sciebat mentem vestram, et videbatur nob(is) similiter quod ita facere debebat, quia mandauimus gentem copiosam de terris extraneorum ad succursum terre nostre, et promisit nob(is) quod si eos reuocare vellemus, non solum s(ente)n(t)iam exco(mmun)icacionis in eos inferret, verum eciam in quantum posset eos resisteret, unde gentem nostram reuocauimus. Postmodum aut(em) obtulimus eis per literas nostras patentes per dominum Cant' archiepiscopum et duos vel tres suffraganeos eius eis delatas quod nos eligeremus ex parte nostra quatuor, et ipsi ex parte sua quatuor, ita quod vos superiores constitueremini de omnibus querel(is) libertatum quas ipsi proponerent et ad suas nos responderemus, quod quicquit vos una cum ill(is) octo statueritis super omnibus q(ue) ipsi peterent a nob(is) nos gratum haberemus et teneremus. Et quamuis se humiliare noluerunt versus nos, sic(ut) debuerunt, nos t(ame)n pro seruicio Dei et succursu Terre Sancte in tantum nos humiliauimus quod hec predicta eis obtulimus, et preterea eis obtulimus quod de omnibus peticionibus suis per consideracionem parium suorum iusticie plenitudinem eis exhiberemus, quod ipsi recusarunt. Ad h(ec), domine, die veneris in crastino Ascens(ionis) venit ad nos frater Will(elmu)s de camera vestra, vester familiaris, deferens nobis literas vestras continentes quod, disposito peregrinacionis nostre itinere, sanctitatis vestre pedibus aliquem de nostris in concilio representaremus, paternitatem vestram de processu nostro et itineris nostri expedicione certificantes.  Super quo pie paternitati vestre taliter respondemus quod cum peruersis baronum predictorum inquietacionibus, ut ex premissis vob(is) innotuit, affligamur, nec possimus in eis bonum pacis inuenire, quo saltem concordes efficiamur, ut sic facilius proposito insisteremus, vos de itinere nostro et itineris nostri expedicione certos reddere non possumus, unum pro certo scientes quod multi cruce signatorum qui ad Terre Sancte succursum se accinxerunt de partibus longinquis, viri magni et nobiles, ut in consoctio nostro eos reciperemus, benigne per suas literas et nuncios postulauerunt, quos pro predictis incommodis super mandatis suis adhuc certificare non potuimus. Preterea, pater reuerende, in presencia predicti fratris Will(elm)i vestri familiaris necnon et venerabilium patrum Wygorn' et Couentr' episcoporum obtulimus predictis baronibus quod de omnibus peticionibus suis quas a nob(is) exigunt, in vos benignissime compromitteremus, ut vos qui plenitudine potestatis gaudetis, quod iustum foret statueretis, et hec omnia efficere renuunt. Igitur, pie pater, d(omin)acioni vestre presencia duximus declaranda ut de consueta benignitate vestra quod nob(is) videritis expedire in(de) statuatis. T(este) me ipso apud Odiham, xxix. die Maii.

To the lord Pope the King sends greetings with devotion and the reverence owed to such a lord and father. We give great thanks to your holiness for your letters directed on our behalf by your fatherhood to the lord archbishop of Canterbury and his suffragans, and to the magnates and barons of our land. You should know for certain that our barons refused to hear anything of your letters. The lord archbishop of Canterbury and his suffragans set aside the enforcement of your command. We, observing this, informed our barons that our land is the patrimony of St Peter and that we held it from St Peter, the church of Rome, and from you. We further stated that we were crusaders and that we sought the benefit of the privilege of crusaders, lest our land be disturbed, and lest that which we proposed to spend in support for the Holy Land be consumed in evil uses, and that we would launch appeal via W(illiam) Marshal earl of Pembroke and W(illiam) earl Warenne against the disturbers of the peace of our land. Truly, because we were crusaders, wishing to act in all things with humility and clemency, saving our appeal, we offered to those barons that we would abolish all evil customs that had arisen or been introduced by whomsoever in our own times, and moreover that we would root out all evil customs that had arisen in the time of King Richard, our brother. Customs that had arisen in the time of our father, if such there were that caused injury, we would deal with according to the advice of our faithful men. But the magnates and barons refused everything, both the aforesaid and all else. Seeing therefore that they openly plotted the disturbance of our realm, we asked the lord archbishop of Canterbury and his suffragans that they enforce your command, namely that in accordance with the terms of your letters, the magnates and barons render us their customary service, and that afterwards, if they wished to make a demand of us, they should seek it with humility and unarmed, with the bishops denouncing as excommunicate those who after these things had been offered continued to disturb the peace of our realm. Both the bishop of Exeter and Master Pandulf, who were present, agreed that the archbishop and bishop ought by right to compel such men by sentence of excommunication. But the archbishop replied that he would by no means impose a sentence of excommunication upon them, because he was well aware of your intentions, even though it likewise seemed to us that he should do this thing, because we had commanded a great body of people from overseas to come to the assistance of our land. And the archbishop promised us that if we would recall these people, he would not only impose the sentence of excommunication upon the magnates and barons but also resist them in so far as he was able, so that we did indeed recall our people. Later, we offered the magnates and barons by our letters patent carried to them by the lord archbishop of Canterbury and two or three of his suffragans that we should choose four from our side, and they four from theirs, with you yourself placed above them, in all disputes over the liberties that they demanded, informing their representatives that we would accept and hold to whatever you, together with those eight, might pronounce in respect to those things that they sought from us. And seeing that the magnates and barons still refused to behave with humility towards us, as they ought, we so humbled ourselves in the service of God and support for the Holy Land that we offered them these things, and again offered them that we would grant them full justice in all their petitions by consideration of their peers. This they refused. At this point, your lordship, on the Friday the morrow of the feast of the Ascension (29 May 1215), there came to us brother William from the papal chamber, your familiar, bringing us your letters setting out your request that, with the route of our crusade now established, we would send one of our men to represent us in the Council, carrying news to your fatherhood of our proceedings and the route of our campaign. On which matter we reply to your holy fatherhood that, given that we are afflicted by the perverse disturbances of the aforesaid barons, as the aforesaid writing has informed you, and given that we cannot obtain from them the good of peace however we seek concord, as we insist would be easily achieved, we are unable to offer you assurances over our journey or setting out, knowing above all that, given these aforesaid troubles, we can offer no guarantees in response to the demands of the many crusaders, great and noble men from far away, who have girded themselves for the support of the Holy Land, and who have graciously by their letters and representatives sought that we receive them into our company. Moreover, reverend father, we offered the aforesaid barons, in the presence of brother William, your familiar, and of the venerable fathers, the bishops of Worcester and Coventry, that we would most willingly agree to your appointment as arbiter in all their petitions raised against us, so that you who rejoice in a plenitude of power might decree that which is just. But these things too they refuse entirely to implement. Therefore, holy father, we have declared these things before your lordship, so that you may decree for us, with your customary kindness, that which you consider expedient. Witnessed by myself at Odiham, 29 May.

 

 

asceleriter BC bad deuocionem BC csceleriter BC dimpendant BC

1

For the 'triplex forma pacis', see discussions by J.C. Holt, Magna Carta, 2nd edn. (Cambridge, 1992), 413-17, and to rather different effect, by The Letters and Charters of the Legate Guala Bicchieri, Papal Legate in England, 1216-1218, ed. N. C. Vincent (Woodbridge, 1996), 113-14 no.144.

2

And for further remarks here, see King John's diary and itinerary for 10-16 May.

3

Memoriale fratris Walteri de Coventria, ed. W. Stubbs, 2 vols. (London, 1872-73), ii, 219, and cf. King John's diary and itinerary for 29 March - 4 April.

4

Walter of Coventry, ed. Stubbs, ii, 220, whence Councils and synods: with other documents relating to the English Church, II, 1205-1313, ed. F.M. Powicke and C.R. Cheney (2 vols., Oxford, 1964), part I (1205-1265), 42.

5

See also Holt, Magna Carta (1992), 228-35, 413-17; 29; C. R. Cheney, Pope Innocent III and England (Stuttgart, 1976), 370-3; D. A. Carpenter, Magna Carta (London, 2015), 298-301.

6

R. W. Southern, in English Historical Review, lxxxvi (1971), 796-9.

Referenced in

Ten Letters on Anglo-Papal Diplomacy (Features of the Month)

Ten Letters on Anglo-Papal Diplomacy (Features of the Month)

Ten Letters on Anglo-Papal Diplomacy (Features of the Month)

John negotiates with the Pope and archbishop Langton (The Itinerary of King John)

John negotiates with the Pope and archbishop Langton (The Itinerary of King John)

John negotiates with the Pope and archbishop Langton (The Itinerary of King John)

Feature of the Month