Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
be had And that when 1 Ibm. n. 9. And nâ—t to lay aâ—â—de his Voyage for the Pope's Letters the King should be ready to pass beyond Sea to take what God should give him pur prendre ce que Dieux lui durra upon the Exploit of this Business he would not for the Letters or Command of the Pope or any other lay aside his Voyage until he had made an end one way or other The which Prayer the King fully granted a quele preere le Roi ottroia pleynement but because it could not 2 be done without a great and agreeable Aid the Arch-Bishop Bishops Prelates and Procurators of the Clergy of the Province of Canterbury granted to the King a Triennial Aid for this Voyage granted by the Clergy and Commons Tenth les ditz Commons le samaday apres granterent nostre Seigneur le Roi pur mesme la cause deux Quinzismes de la Commonalte de la Cerre deux dismes des Citees Burghs And the said Commons granted to the King for the same cause Two Fifteenths of the Commonalty of the Land and Two Tenths of the Cities and Burghs And 3 Ibm. n. 10. after that the said Commons granted another Fifteenth apres le dite Commune grantent une autre quinzisme See for the Conditions of these Grants in the Statutes at large 18 Ed. III. translated exactly from the French on this Roll n. 14. to n. 23. which Statute was made from the Petitions of the Commons and the Answers to them and 't is called in the todding on the Roll the Charter of the Commons la Chartre enseale par la Comune and also for the Statute or Charter for the Clergy bearing Date July 8. in the 18th of his Reign which gave them many Privileges n. 24. to n. 32. In both these Statutes which are now in a manner become obsolete 't is said the Great Lay-men granted to pass and adventure themselves with the King and therefore they are not found upon the Roll to be Taxed The residue of this Year was spent in 4 Walâ— f. 164. n. 30. Froys l. 1. c. 100. Ashmâ—le f. 182. Tournaments and other Military Exercises at Dunstable Smithfield and especially at Windsor in Feastings Revellings Dancing and all manner of Jollity But it was not long after the beginning of the next Year that King Edward 5 Avâ—â— p. 103. a. c. 48. III news from Bretagne received news of what had been done in Bretagne how the Noblemen who adhered to him there were put to death and what havock and depopulation had been made in those Places under his Subjection Whereupon William de Bohun Earl of Northampton had 6 Rot. Franc. 19 Ed III. Part 1. M. 24. The King sent Defiance to Philip of Valois Commission Dated April 24. to defie Philip of Valois as a Truce-breaker his capital Enemy Persecutor and unjust Vsurper of his Inheritance the Kingdom of France And as what was done in Normandy and Bretagne against the Truce had been declared to be so by the Parlement so he wrote 7 Rot. Rom. 19 Ed. III. M. 2. n 4. He wrote 'to the Pope complaining of him to the Pope on the 26th of May following almost the same thing and made grievous Complaints to him of Philip de Valois having in the highest manner broken and dissolved the Truce The effect of his Letter the Pope repeats in his Bull or Answer to it the Original being in the Cotton Library 8 Cleopâ—tra E. 2. The Effect and Contents of K. Edward's Letter to the Pope That for avoiding the Dangers and Damages that might arise by reason of the Dissentions and Wars between Edward III. and the Illustrious King of France as the Bull hath it inter te fili carissime ac carissimum in Christo filium nostrum Philippum Regem Franciae Illustrem he had offered many ways of Peace that he might apply himself as he much desired to the Service of his Redeemer beyond Sea but was always delayed with fair Words and Treaties without effect to his great Damage His second Complaint was after a Narrative of the Truce made before Vannes That when he returned into England and had left a few Men only in Bretagne and sent his Commissioners to treat before his Holiness about a Peace as related before he received news which pierced his Soul That certain Noblemen of Bretagne were by Command of Philip taken carried to Paris and put to death And also of the great Ravage and Depopulation made in Bretagne Gascoigne and other Places 3dly That he endeavoured by crafty and secret Treaties to draw his Allies and Subjects from him and procured other things to be attempted against the Truce by Sea and Land Therefore he thought it utterly dissolved by his Adversary And now since the Time of Treaty was ended and no rational way of Peace appearing nor were the things attempted against the Truce reformed or amended but rather multiplied although by his Holiness's Letters the said King had been often required to reform them not to say any thing of his Legate that was sent into Bretagne to cause the Truce to be observed yet took the contrary part and blamed him that he did not what he ought toward an Accommodation he thought himself excused by God Holy Church and the People if seeing he could have no other Remedy in a just Cause he declared the Truce dissolved by Philip and defied him as above and renewed the War again protesting he would attempt nothing that might offend his Holiness or the Apostolick See which he desired and ought to revere or that might do Injury to any one but only with Moderation to defend himself and prosecute his Rights asserting what he did was for want of other Remedy and against his Will offering Peace when he might have a good one or by good means cum habere poterit bono modo The Pope's Answer to this Complaint begins with a most obliging The Pope's Answer to K. Edward's Complaints Compellation calling God to Witness Fili dilectissime novit 9 Ibm. Altissimus qui scrutator est cordium cognitor secretorum c. Most beloved Son the Most High knows who is the Searcher of Hearts and understands all Secrets that he had faithfully endeavoured to procure a Peace between him and the King of France without partiality and would not yet spare any Pains for the effecting of it And he tells him That those who wrote his Letters probably understood not the Truth of the Affair for that there were some things put in them and some things left out which caused notable He tells him he had not done according to the Truce Errors It was agreed by the Truce That there should be some of the Royal Blood Commissioned to Treat on either side in his Presence and though the King of France had sent several of the Royal Blood and many Prelates of great Authority as it
him many Noblemen and Manning it well with Men at Arms Archers and Seamen about the latter end of this month engaged them before Winchelsey 3 Ib. p. 121. a. c. 77. They make a Truce and took Twenty four large and rich Ships after which Sea Battel the Spaniards made a Truce for Twenty years The Truce 4 Rot. Fran. 23 Edw. III. M. 9 10. The French Truce prorogued above-mentioned that had been made between Calais and Guines on the 13th of October 1348 to continue unto the first of September 1349 was the 2d of May preceding Prorogued so the Word in the Record to the Feast of Pentecost in the year 1356. In August that year Philip of Valois as above died and his Son John succeeded 5 Ib. 24 E. III. M. 2. on the 25th of November next following Commissioners were appointed to Treat with his Commissioners to confirm the last Truce made with his Father to the first of August then next to come which was to be in the year 1351 and 25th of Edward III. Upon a new Treaty this same Truce 6 Ib. M. 8. Dors The same Truce continued Hostilities committed notwithstanding the Truces was proclaimed to continue a whole year longer until the first of August next after that first of August which was to be in the year 1352 and 26th of Edward III. Notwithstanding these Truces were in being there was often something enterprised by each Party against the other 7 Avesbury p. 121. a. c. 78. A. D. 1351. A. D. 1351. 25 Ed. III. The French besieged the Town of St. John de Angely in Xantogne in the year 1351 and made themselves Masters of it 8 Ib. b. c. 80. The English surprised the Castle of Guines the Governor having been corrupted with Money which King Edward pleasantly excused as 9 F. 372. Mezeray hath it saying Truces were Merchandise and that he did no more than follow the Example of King Philip who would have bought Calais This year the King issued his Writs 1 Rot. Clause 25 Ed. III. M. 5. Dors on the 15th of November for summoning a Parlement to meet on the Feast of St. Hillary or 13th of January which was on Friday 2 Rot. Parl. 25 Ed. III. Part 2. n 1. Summons to Parlement from that day it was continued to Monday because many of the Lords were not come and then until Tuesday the Fifth day of the Parlement when Sir William de Shareshall in the presence of the King Lords and Commons 3 Ib. n. 7. The cause of meeting declared declared the cause of Summons setting forth the King's Title to the Crown of France telling them That Philip of Valois had usurped it all his Life and not only so but moved War against him in Gascoign and other Places seising upon his Rights and Possessions and doing the Mischiefs to him by Sea and Land which they well understood in subversion of him and his Realm of England and that in Parlements before that time the Matter had been propounded in behalf of the King and the Great Men as also the Commons had been requested to give their Counsel and Advice fut prie de sibien as Grantz come as Comunes qils ent vorroient doner lour conseil advis what was best to be done and after good Deliberation had they said They knew no other way to advise him than to procure Allies to go against his Adversary by main Force and to do this they promised to aid him with Body and Goods a ceo fair ils lui promistrent de lui aider de corps de avoir Whereupon the King made Alliances beyond Sea and with their Assistance and the help of his good People of England he made War upon him because he could not have a reasonable Peace That the King and his Adversary had often assented to Truces yet his Adversary during those Truces imagining to subdue and deceive the King broke them every way continuing his Malice against him and his Friends That now John his Son after his decease continuing the same wrongs his Father had maintained possessed the Kingdom of France and contrary to the last Truce confirmed and sworn to by both which he had broken in Gascoign and Bretagne and also upon the Sea and had sent to Scotland to continue the ancient Alliance made between them wholly in Subversion and Destruction of the King and his People of England Wherefore the King first of all much thanks his Commons for the Aids they have made him and for the Good-will he had always found in them pur quoi tut ad e primes nostre Seigneur le Roi mercie molt a ces Comunes des Eydes qils lui ont faitz de lour bone volunte qils ad totes voyes trouve en eux c. and prays them les prie they would advise upon these things until Wednesday tant a cest meskerdy preschien suant which was next day and be at Westminster by Sun-rising taust apres le solail lever in the Painted Chamber to deliberate and to hear if the King would say any thing further touching the cause of his Parlement and to shew the King their Grievances if they had any that Remedy might be given them this Parlement Afterwards 4 Ib. n. 8. A Committee of Lords and Commons to meet to confer upon the Business of this Parlement The King sent the Lords or Great Men to them Sir William charged the Commons on behalf of the King le dit Sire William chargea les Comunes de par le Roi to shorten their stay in Town and for the quick dispatch of these Matters and others that might be shewn them from the King that before their departure they would go together in some place at Westminster to choose 24 or 30 Persons out of their whole number to be on the morrow in the Painted-Chamber that the King might send to them some Great Men aucunes des Grantz to confer with them upon the Business aforesaid On Friday 5 Ibm. all the Commons came before the Prince and the other Great Men les autres Grantz in the White Chamber The cause of Summons further declared and inforced where Sir Bartholomew Burghersh gave them an Account of the Malice and falshood of the King's Adversary of France ou fut dit par Monsieur Barthen de Burghersh la Malice la Fausine de son adversair de France how he had broke the last Truce and that lately upon the Sea in Gascoign Bretagne and near Calais and indeavoured by all the Subtilties and Contrivances his Council knew to trouble the King and his Subjects every where and said the Commons ought diligently to advise what seemed and what might be best to do for the King to oppose and check the Malice and falshood aforesaid for the safety of himself his Kingdom and all his Subjects And presently after this Declaration the said Sir William told
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
and besieged the Castle and took it and within it William Lescrop Treasurer Sir John Bussy and Sir Henry Green all the King's Counsellors who the next day by the Clamor of the People had their Heads struck off The Duke of York the King's Uncle and Guardian of the Kingdom with several Bishops Noblemen and the King's Council consulted how they might oppose the Duke but could do nothing King Richard when he heard in Ireland of his Landing 9 Ibm. n. 40 50. The Nobility and People desert King Richard secured the Sons of the Duke of Lancaster and Glocester in Trim Castle and with the Dukes of Albemarle Excester and Surrey the Bishops of London Lincoln and Carlisle and many others Shipped themselves with all speed that they might raise such a Force as might hinder the Duke's Progress But when he landed understanding his own Condition That the People and greater part of the Lords had forsaken him and gone in to Duke Henry he laid by all thoughts of Fighting and likewise dismissed his Family giving them notice by his Steward Sir Thomas Percy That they might provide for and reserve themselves for better Times The King shifting up and down here and there for many days the Duke always following him with his Army at length fixed at Conway Castle and desired to have Discourse with the Arch-Bishop and Earl of Northumberland to whom he declared He would quit his Government if he might have his Life secured and an Honourable He offers to Quit his Government his Life and an Honourable Maintenance secured Which was Granted Provision made for himself and Eight Persons he should Name These things granted and confirmed he went to Flint Castle where after a short Discourse with the Duke of Lancaster they mounted their Horses and went to Chester Castle that night the Duke 's numerous Army following him At Chester 1 Clause 23 Ric. II. M. 3 Dors Writs for a Parlement in King Richard's Name He is secured in the Tower of London summons were issued in King Richard's Name for the meeting of a Parlement on the Morrow of St. Michael or 30th of September dated there on the 19th of August in the 23d of his Reign In the mean time the King was brought to and secured in the Tower of London until the Parlement should sit Holingshed tells us 2 Chronicle f. 501. a. col 2. The Duke's Obeysance to King Richard at their first meeting And Declaration of the Cause of his coming into England The Duke received at London with great Rejoycing â— The Instruments of the King's Resignation and Deposition contrived by his Order the Duke at the first meeting of King Richard which was at Conway Castle in Carnarvonshire as he came towards him made a Reverend Obeysance and going on did so a second and third time the King taking him by the Hand and bidding him Welcome whereupon humbly Thanking him said The Cause of his coming was to have Restitution of his Inheritance unto which the King readily assented and called for Wine and when they had drank mounting their Horses they rode to Flint and to Chester where they stayed two or three days and went from thence to Nantwich and so the common Rode to London where the Duke was received with all imaginable Expressions of Joy and the King sent to the Tower where we hear no more of him until Michaelmass-Day against which time the Instruments of his Cession Resignation and Deposition with the Articles against him were prepared which are here recited from the Parlement Roll exactly Translated The Roll of Parlement summoned and holden at Westminster in the Feast of St. Faith the Virgin or 6th of October in the Year of King Henry the Fourth after the Conquest the First Membrane xx The Record and Process of the Renunciation of King This Record is Printed in X. Authores Col. 2744. and in Pryn's Plea for the Lords p. 425. which I have compared with the Original Richard the Second after the Conquest and the Acceptation of the same Renunciation likewise with the Deposition of the same King Richard as it here follows BE it Remembred 1 1 Rot. Parl. 1 Hen. IV. N. 10. That on Monday in the Feast of St. Michael the Archangel in the Twenty third year of the Reign of King Richard the Lords Spiritual and Temporal and other Notable Persons That is to say The Lord Richard le Scrop Arch-Bishop of York John Bishop of Hereford Henry Earl of Northumberland and Ralph Earl of Westmerland the Lord Hugh Burnell Thomas Lord Berkley the Prior of Canterbury and Abbat of Westminster William Thyrninge Kt. and John Markham Justices Thomas Stow and John Burbache Doctors of Law Thomas de Erpingham and Thomas Gray Knights William de Feryby and Dionyse Lapham Publick Notaries being Deputed to that purpose came into the presence of King Richard within the Tower of London about Nine of the Clock when the Earl of Northumberland said before the King That at 2 2 Ib. n. 11. Conway in North-Wales and then at Liberty He promised to Thomas Arch-Bishop of Canterbury and himself That he would Quit the Crown of England and France and Renounce all Right to it and to Kingship for the Causes there by himself confessed of his Inability and Insufficiency and this he would do after the best Manner and Form he should be Advised by the Skilful in the Law The same King before the said Lords and others above-named kindly answered That he would with Effect perform what he had promised but first desired to have Conference with his Cousin Henry Duke of Lancaster and the Arch-Bishop of Canterbury before he did it and desired a Copy of the Renunciation he was to make might be delivered to him to Deliberate upon which was done and the Lords departed 3 3 Ib. n. 12. On the same day after Dinner the King much desiring the coming of the Duke of Lancaster and long expecting him at length he and the Arch-Bishop of Canterbury with the Lords and Persons above-named came to his presence in the Tower the Lords Roos of Willoughby and Abergavenny and many others then being present And after he had Conference with the Duke of Lancaster and Arch-Bishop looking about him with a Chearful Countenance as it seemed to the People about him the King called them all to him and said publickly he was ready to make his Renunciation as he had said before and presently taking the Parchment Schedule of his Renunciation into his Hands tho it was told him to spare the Labour and Trouble of Reading it he might have it done by another he said he would read it himself which he did distinctly and absolved his Lieges Renounced Quitted and Sware Read and Said other Things and Subscribed his Name with his own Hand as 't is more fully contained in the Latin Record the Tenor of which follows The Resignation of Richard the Second IN 4 4 4 Ib. n. 13. Name
he was very Angry especially because they desired him to be under Good Government but by Divine Providence and the Resistance and Power of the said Lords the King could not bring his Design to effect Thirdly When the Lords 3 3 Ibm. n. 20. Temporal in Defence of themselves resisted his Malice and Craft the said King prefixed a Day for the Parlement to do them and others Justice who upon Faith and Confidence therein remained quietly in their own Houses the King privately with his Letters or Commission sent the Duke of Ireland into Cheshire to raise Arms against the said Lords Great Men and Officers of the Commonwealth Publickly exciting his Banners against the Peace he had Sworn to from whence Homicides Captivities Dissentions and other infinite Evils followed in the whole Kingdom for which cause he incurred Perjury Fourthly That although the said 4 4 Ibm. n. 21. King had Pardoned the Duke of Glocester the Earls of Arundel and Warwic and all their Assistants in full Parlement and for many Years had shewn chearful Signs of Peace and Love towards them yet the same King always bearing Gall in his Heart taking Opportunity caused to be seized the Duke of Glocester and the said Earls of Arundel and Warwic and sent the Duke to Calais to be imprisoned under the Keeping of the Earl of Nottingham one of his Appellants and without Answer or lawful Process caused him to be strangled and inhumanly and cruelly murdered The Earl of Arundel Pleading his Charter of Pardon and Demanding Justice in Parlement was encompassed with great Numbers of Armed Men and had his Head Damnably struck off and committed the Earl of Warwic and Lord Cobham to Perpetual Prison confiscating their Lands against Justice the Laws of the Land and his express Oath giving them to their Appellants Fifthly At the time 5 5 Ibm. n. 22. when in his Parlement he caused the Duke of Glocester and Earls of Arundel and Warwic to be adjudged that he might more freely exercise his Cruelty upon them and in others fulfil his injurious Will he drew to him a great multitude of Malefactors out of the County of Chester who marching up and down the Kingdom with the King as well within his own House as without cruelly killed his Lieges beat and wounded others plundering the Goods of the People refusing to pay for their Victuals violating and ravishing Men's Wives and other Women And although Complaints were made to the King of these Excesses yet he took no care to apply Remedy or do Justice in them but favoured those People in their Wickedness confiding in them and their Assistance against all others of his Kingdom wherefore his Good Subjects had great matter of Commotion and Indignation Sixthly Though the said 6 6 Ib. n. 23. King caused Proclamation to be made through the Kingdom That he caused his Unkle the Duke of Glocester and the Earls of Arundel and Warwic to be Arrested not for any Rebellious Congregations or marching with Horse within the Kingdom but for many Extorsions Oppressions and other things done against his Regality and Royal Majesty And that it was not his Intention that any of their Company at the time of the Congregation and Marchching with Horse aforesaid should for that Reason be Questioned or Disturbed Yet the same King afterwards in his Parlement Impeached the said Lords not for Extorsions Oppressions or other things aforesaid but for Rebellious Tumults and Congregations and Marching with Horse adjudged them to Death and caused many of their Company for fear of Death to make Fine and Ransom as Traitors to the great Destruction of many of his People and so he craftily deceitfully and maliciously Deceived the Lords their Followers and People of the Nation Seventhly After many of these 7 7 Ibm. n. 24. Persons who had paid their Fines and Ransoms and had obtained his Letters Patents of full Pardon yet they received no Benefit by them until they made new Fines for their Lives by which they were much impoverished And this was much in Derogation to the Name and State of a King Eightly In the last 8 8 Ibm. n. 25. Parlement holden at Shrewsbury the same King propounding to Oppress his People subtilly procured and caused to be granted That the Power of Parlement by Consent of all the States of the Kingdom should remain in some certain Persons who after the Parlement should be Dissolved might Answer the Petitions depending in Parlement then undetermined under pretence whereof they proceeded to other General Matters touching that Parlement ac-according to the King's Will in Derogation to the State of Parlement great Disadvantage to the Kingdom and a pernicious Example And that these Actions might seem to have some Colour and Authority the King caused the Rolls of Parlement to be changed and blotteed contrary to the Effect of the Grant aforesaid Ninthly Notwithstanding the said King at his 9 9 Ibm. n. 26. Coronation sware That he would do in all his Judgments equal and Right Justice and Discretion in Mercy and Truth according to his Power yet the said King without all Mercy rigorously amongst other things Ordained under great Punishments That no Man should intercede with him for any Favour toward Henry Duke of Lancaster then in Banishment in so doing he acted against the Bond of Charity and rashly violated his Oath Tenthly That though the 1 1 Ibm. n. 27. Crown of England the Rights of the Crown and Kingdom it self have been in all times so Free as the Pope or any other Foreign Power had nothing to do in them yet the said King for the confirming of his erroneous Statutes supplicated the Pope to confirm the Statutes made in his last Parlement whereupon he obtained his Apostolic Letters or Bull wherein were contained grievous Censures against all such as should presume to contravene them All which things are known to be against the Crown and Royal Dignity and against the Statutes and Liberty of the Kingdom Eleventhly Though Henry now Duke of Lancaster 2 2 Ibm. n. 28. by the King's Command exhibited his Bill or Accusation against the Duke of Norfolk concerning the State and Honour of the King and duly prosecuted it so as he was ready to make it good by Duel and the King had ordered it yet the same King put it by and without any lawful Cause Banished the His own Father John D. of Lancaster was the First Commissioner in this Judgment in Parlement See Pleas of the Crown 21 Ric. II. Duke of Lancaster for Ten Years against all Justice the Laws and Customs of the Kingdom and the Military Law Damnably incurring Perjury Twelfthly After the said King had graciously granted 3 3 Ibm. n. 29. to the now Duke of Lancaster by his Letters Patents That while he was in Banishment his Attorneys might sue for Livery of any Inheritance might fall to him for which Homage was due which should be respited for a
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
attendentes inclitum regnum Francie ad nos fore jure successorio legtimè devolutum ipsum regnum ut hereditatem nostram legitimam agnoverimus ut eidem nos immiscere voluerimus sicut decet de debito regimine dicti regni summè soliciti ac de probitate magnifica fidelitate solida industria circumspecta nobilis potentis viri Johannis Ducis Brabant Lotring consanguinei nostri carissimi intime confidentes ipsum in regno praedicto locum nostrum tenentem Capitaneum nostrum vicarium fecerimus praefecerimus generalem concedentes committentes eidem Duci merum imperium gladii potestatem ac jurisdictionem omnem altam bassam cognitionem decisionem omnium tam criminalium quam civilium questionum cum potestate Judices ministros prout expedire viderit deputandi necnon plenum exercitium omnium singulorum nobis nostro regimini incumbentium in hac parte quae nos facere possemus deberemus si presentes essemus ibidem Vobis omnibus singulis firmiter injungimus mandamus quod prefatum Ducem ad exequenda premissa libenter devota recipitatis sibi tanquam persone nostre sic pronis affectibus pareatis intendatis humiliter in premissis ut devotionis vestrae promptitudinem debeamus meritò commendare scituri pro certo quod ad humiles esse volumus cum favoris exuberantia gratiosi in rebelles prout exegerit vestra protervia saevientes In cujus c. Dat. ut supra Item consimilia mandata diriguntur eisdem sub nomine Gulielmi Marchionis Juliacen N. 86. Rot. Parl. 14. Ed. 3. parte p. 9. 10. Stat. at large 14. of Ed. 3. EDward by the grace of God King of England and Fraunce and Lord of Ireland to all those which these Letters shall hear or see greeting Know ye that whereas some People do think that by the reason that the Realm of Fraunce is devolute to us as right Heir of the same and forasmuch as we be King of Fraunce our Realm of England should be put in Subjection of the King and of the Realm of Fraunce in time to come we having regard to the Estate of our Realm of England and namely that it never was nor ought to be in Subjection nor in the Obeisance of the Kings of Fraunce which for the time have been nor of the Realm of Fraunce And willing to provide for the Suretie and Defence of the said Realm of England and of our liege People of the same Will and graunt and stablish for us and for our Heirs and Successors by assent of the Prelats Earls Barons and Commons of our Realme of England in this our present Parliament summoned at Westminster the Wednesday next after the Sunday in Middle-lent the XIV Year of our said Reign of our Realme of England and the first of Fraunce that by the cause or colour of that that we be King of Fraunce and that the said Realm to us pertaineth as afore is said or that we do us to be named King of Fraunce in our Stile or that we have changed our Seals or our Arms nor for Commandements which we have made or from henceforth shall make as King of Fraunce our said Realm of England nor the People of the same of what Estate or Condition they be shall not in any time to come be put in Subjection nor in Obeisance of us nor of our Heirs nor Successors as Kings of Fraunce as afore is said nor be Subject nor Obedient but shall be free and quite of all manner of Subjection and Obeisance aforesaid as they were wont to be in the time of our Progenitors Kings of England for ever In witness of which things c. Dated at Westminster c. the XIV Year of our Reign of England and the first of Fraunce N. 87. a. Avesbury Cap. 31. PHilip de Valois que longe tems avoms pursui devers vos per messages toutz altres voies que nos favoms-resonables a fin que voz noz vousistez avoir rendu nostre droit heritage de Fraunce le quele voz noz avetz longe tems detenu a graunt tort coupe Et pur ceo que nos veoms bien que voz estes en entente de perseverer en votre injuriouse detenue sauntz noz feare reson de nostre demaunde sumez noz entrez en la terre de Flaunders come Signeur Soveraign de cele passer permi le pais voz signifioms que pris ovesque nous laide nostre Seigneur Jhesu Christ nostre droit ouesque le poar du dit pais ouesque noz gentz et aliez regard le droit que noz avomps a leritage que voz noz detenez a vostre tort noz treioms vers vouz pur mettre briefe fin sour nostre droiturele chalenge si vouz vuilletz a proscher Et pur ceo que si graunt poar des gentz assemblez que viegnent de nostre part et que bien quidoms que voz amesnetz de vostre part ne se purroient mye longment tenir ensemble sauntz faire graunt destruccion al people al pais la quele chose chescun Chrestiens doit escheure et specialement Princes et aultres que se teignent governours de gentz si desirroms moult qui briefe point se preist et pur escheure mortalite de Chrestiens ensi come la querele est apparent a noz et voz que la discucion de nostre chalenge se feseit entre nos deux corps a la quele chose noz voz offroms pur les causes susditz comment que nos puissoms bien veer la graunt noblesse de vostre corps vostre sen auxint avisement et en cas que vous ne vorâ—oiez cele voie adonques soit mys nostre chalange pur affiner icelle battaile de voz mêmes od cent persones des plus suffisauntz de vostre part nos mesmes od aultres tauntz de noz gentz lieges Et si vous ne voilletz lune voie ne lautre que vous noz assignez certein jour devant la ville de Tourneye pur combatre poar encountre poar de deinz et jours proscheins apres la date du ceste lettre et nos offrez doz susditz voloms tut le mounde estre conutz quest nostre desir ne mye pur orguille ne surquidance meas que pur les causes susdites a fin que la volente nostre Seigneur Jhesu Christ monstre entre nous repos poet de pluis en pluis estre entre Chrestiens que le poar des enemys Dieux feussent resistez et Christiente enfraunchie et lavoie sour ceo que eslire voilletz des offrez des susditz noz voilletz signifier par le portour du cestes lettres et par les vostres a lui fesant hastive deliverance Done soutz nostre graunt seal a Chyn es Champs de leez Tourneye le xxvii jour du moys de Juyl
and Defend all the Clergy in their Bayliwics their Tenements Lands Goods Rents and all their Possessions not permitting them to receive any Injury or Molestation in their Persons or otherwise though they had not his Protection Witness the King at St. Pauls London 31st of July in the 25th of his Reign It ought not to be omitted here That notwithstanding the Mortal Enmity and War between the two Kings of England and The King of France Remonstrates against the Pope's Bull prohibiting Taxes France yet King Philip the 4th Published a sharp Remonstrance against the Pope's Bull which caused this Trouble and Contention between the King and Clergy in this Nation in which he strenuously asserted the Rights of his Crown and the Liberties of the Gallican Church which were the very same with those of England The Archbishop of Rhemes with the Suffragans and Abbots of his The Clergy of France join with him Province seconded their King's Remonstrance with a Supplication to the Pope to recal his Bull lest it might break the Peace and Vnity of the Gallican Church and Kingdom as being very Injurious and Grievous to the King and Temporal Nobility and as bringing Scandals nay perhaps Ruine and Destruction to the Nation whereupon Pope Boniface the 8th sent an Explanatory Bull to The Pope explains his Bull for the ease of the King Nobility c. King Philip by which he Declared That his former Bull extended not to voluntary Grants and Aids made by the Clergy nor to Cases of Necessity when Taxes and Contributions were necessary for the Defence of the Kingdom then they might be Raised without consulting the Pope That the King and his Successors provided they were Twenty years of Age might be Judges of the Necessity if not of that Age then their Council and Lastly He Declared that by this Bull or Constitution it was not intended to take away or diminish any Rights Liberties Franchises or Customs of the King Kingdom Dukes Earls Barons or Temporal Nobility whereof they were in Possession before he Emitted that Bull. The Remonstrance Supplication and last Bull Dated at Orvieto or the Old City July 22. in the Third year of his Pontificate A. D. 1297. are to be found in Peter Pithous Proofs of the Liberties of the Gallican Church Printed 1639. Chap. Sect. or Numb 8 9 10. Fol. 1085 1088 1089. By reason of the Clergies Denial to Grant the King a Seasonable and Timely Aid to carry on his Wars he was forced upon Vnwarrantable Courses against the Laws of the Realm 2 Knighton Col. .249 N 60. The K. forced upon Unwarrantable courses to raise Money by Raising the Custom upon Wool from a Noble to Forty Shillings the Sack and ordering the Owners should sell their Wool within a Month at certain Places assigned or they should be forfeited For the Victualling his Army and Ships he took Wheat Oates Malt Salt-Fish and Flesh as Pork Beef Mutton without paying for them as well from Lay-men as the Clergy by which Oppressions the People were very much Grieved and Disturbed being hereby prepared to follow the Dictates of any Projectors against the King It cannot be thought but by this time the Archbishop and his Friends the Constable and Marshal and their Friends understood one another and carried on a joint Design The Causes of the Controversie but just now only mentioned between the King Constable and Marshal and the Reasons of their Refusing to do their Duty their withdrawing from his Presence and from Court with their Denial to return when sent to will best appear from the King's Declaration upon Record sent to all the Sheriffs in England WHereas the King 3 3 Append N. 31. The King's Declaration of the Causes of the Constable and Marshal's refusing to do their Duty and retiring from Court always desiring the Peace Quiet and good Estate of his People and Kingdom after his Voyage which he is now making c. All occasions by which the said Peace and Quiet may be Disturbed shall be wholly taken away But because at this time there may be such Reports raised amongst the People that may cause them to behave themselves otherwise toward their Sovereign Lord then they ought especially since the Earl of Hereford and Earl Marshal have lately withdrawn themselves from him or for other Matters hereupon for that he would have the Affairs of his Realm Vniform and Quiet he makes known and would that all should know the Truth of what follows Lately when a great Part of the Men of Arms of England some upon Request others by Summons of the King came to London the King willing to provide for their Discharge the settling of their Expences and that they might know what they were to do sent to the said Earls as Constable and Marshal of England to come to him for that purpose The Earl of Hereford came and Monfieur John Segrave to Excuse the Earl Marshal that by reason of Sickness he could not come and therefore had sent him in his stead Presently by their assent they were ordered to make Proclamation in the City of London That all those that were come thither either by Summons or Request should on the Morrow appear before the Constable and Marshal to know and be * * This was the proper Business of these two great Officers and without this Ordering and Enrolment the Men at Arms were not assigned the Quantity of their Service Enrolled in what manner and how many of them would serve the King in that Voyage beyond Sea They told the King they would perform the Order as they had received it in Writing But the same day toward Night the Earls sent the King a Message in Writing by Sir John Esturnis Knight in this Form For that Dear Sir You commanded the Marshal by the Constable and by order in Writing that he should cause it to be published in the City That all such as were come by your Summons or Request should be on the Morrow by One of the Clock before the Constable and Marshal at St. Pauls and that they should Enroll so many Horse of one and the other and then to inform you of it Your Constable and Marshal do pray you to Command some other of your Houshold to do it And for that Sir you know well that tho' some are come upon Request and not Summons yet if they do this they should enter upon their Office and do Service Wherefore they pray you to Command others Vpon receipt of this Message and Counsel taken thereupon the King thinking they might have done it unadvisedly sent Monfieur Geofrey de Genevill Monsieur Thomas de Berkeley Monfieur John Tregâ—z Constable of the Tower and Guardian of London Roger Brabazon and Monsieur William de Bereford to advise them Better and that they might so order things as they might not turn to the Prejudice of the King nor their own Estate and if they would not be otherwise advised then
Execution was done thereon And for that his Oath the Right of the Crown of England his Reasons and Claims as also the Right Reasons and Claims of all others might be safe He tho' the Commissioners had brought to him what they had done yet because the Prelates Earls Barons and all other Great Men of the Kingdom in whose presence he would have his own and the Reasons of others propounded and heard according to whose Advice he intended to proceed especially for that they were bound with him by Oath to Observe and Maintain the Laws or Rights of the Kingdom and his Crown Jura Regni Coronae Nostrae were not then present with him And for that likewise those who were to propound their Reasons concerning this Matter had no notice of it without whom a good End could not be put to it and because this Business might be Dispatched without further Delay willing to have Conference and Treaty with the Prelates Earls Barons and Gentlemen aforesaid and with others of the Community of the Kingdom upon this Affair and other arduous Matters touching himself and the state of the Kingdom he Commanded firmly The Sheriffs commanded to send to this Parlement the same Knights Citizens and Burgesses that were in the last enjoining him to cause to come before him at his Parlement at Lincoln in the Octaves of St. Hilary next coming two Knights of his Country or Baylywick That is to say those which came for the Community of the County by his Precept to the last Parlement and also the same Citizens and the same Burgesses for all the Cities and Burghs within his Bayliwic and if any of them were Dead or Infirm then to cause others to be chosen and come in their stead so as that they might be present at the Day and Place aforesaid with full Power to hear and do what should be then ordained for the common Profit of the Kingdom And to cause to be allowed to the same Knights Citizens and Burgesses their reasonable Expences in coming to staying at and going from the Parlement and further he commanded the Sheriff publickly to make Proclamation in the County That all those who would put in any Exceptions against the Perambulations should appear before him in Parlement to shew them Witness the King at the Rose September 26. in the 28th Year of his Reign This is the Full of the Writ of Summons in English wherein the Reasons are given why the Perambulations could not be Received and Considered sooner The Writs to the Bishops Earls and Barons were in the same Form and Words as to the Reasons c. In like manner he 1 Ibm. wrote to the Sheriffs of all Counties there particularly named as well those that had Forests in them as others except Cheshire which then sent no Members to Parlement He 2 Ibm. M. 2. wrote also to the Commissioners that made the Perambulations to be at this Parlement and bring with them those Perambulations and all things that concerned them Amidst these importune Pressures of the Nobility 3 Walsingh f. 78. N. 20. The K. marcheth into Scotland with an Army The Scots demand their K. John Baliol and to Redeem their Lands Both their Requests denied They appear in a mighty Body yet fly before the King the King marched with an Army into Scotland and coming into Gallowey the Great Men of the Scots desired him to permit John Baliol peaceably to Reign over them and that he would suffer them to Redeem their Estates of such English as he had given them to declaring if he would not they would themselves as well as they could But he granted neither of their Petitions Within few Days after the Scots with their Leaders appeared in a mighty Body thinking to Surprize the King and his Army but he and his Son marching toward them they fled to the Hills and Woods About this Time the Scots knowing all things Saleable at Rome richly Present or Bribe the Pope moving him for his Advice and Assistance against their Lord the King of England Scoti cognoscentes 4 Ibm. N. 30 40. The Scots apply themselves to the Pope for Advice and Assistance against K. Ed. Romae omnia venalia Donis Dominum Papam uberrimis ditaverunt petentes ab eo Consilium pariter ac auxilium contra Dominum suum Regem Angliae The Pope complies makes the Archbishop of Canterbury his Legat sends him Letters to deliver to the King with order to shew him his Commands In 5 Ibm. and Mat. West f. 435 346 437. He makes the A. B. of Canterbury his Legate to the King and by his Letter claims Scotland as the Right of the Church of Rome which he Claims the Kingdom of Scotland as belonging to the Church of Rome by full Right pleno jure Requires and Exhorts him in the Name of God to Discharge out of Prison and Restore to their former Liberty all Bishops Clercs and Ecclesiastic Persons and to remove all his Officers whom by Force and Fear he had appointed to Govern that Nation under him and Willed him if he pretended any Right to the Kingdom of Scotland or any Part of it not to omit to send Commissioners fully instructed within six Months after the receipt of his Letters to his presence he being ready to do him Justice as his beloved Son and inviolably to observe his Right if he had any Bringing back and reserving by the Tenor of these Letters all Questions Strifes Controversies whatsoever between him the Kingdom of Scotland the Prelates Clercs and Secular Persons which then had been were or might be for the future to the Cognisance and Determination of the Roman See Decreeing it void if any thing should be attempted to the contrary Dated at Anagni the 5th of the Calends of July or 27th of June A. D. 1300. in the 28th of Ed. 1. The Archbishop was full of Obedience and very quick in repairing He readily obeys the Pope's Commands to the King who was then in Scotland 6 Ibm Fol. 438. l. 2. in the A. Bishop's Letter to the Pope or Certificate what he had done in this Affair And persuades the King to comply with the Pope's Letter preparing for his Journey immediately upon the Receipt of the Pope's Commands and came to him August 25th being then at Dinner in the midst of his Army who appointed him the next Day for the Delivery of the Message which was done and the Pope's Letters presented to the King before Edward his Son the Earls Barons and Knights of his Army in great Multitude who causing them to be Read publickly were patiently heard of all when the Archbishop a sure Friend to the Scots Encouraged the King and Persuaded him 7 Ibm. N. 50. in the same Letter as he says himself by all Ways and Means he could or knew to Obey and Comply with all things in those Letters Then 8 Ibm. withdrawing by the King's Command while he Deliberated
those of his Son except that the loss of his Goods moveable and immoveable in and upon his Mannors and Lands were greater as namely two Crops of Corn one in the Barns or Granges the other upon the Ground 28000 Sheep 1000 Oxen and Heifers 1200 Cows with their Breed for two Years 40 Mares with their Breed for two Years 560 Cart-Horses 2000 Hogs 400 Kids 40 Ton of Wine 600 Bacons 80 Carcasses of Beef 600 Muttons in the Larder and 10 Tons of Cyder Armour for 200 Men and other Warlike Engines and Provisions with the Destruction of his Houses to his Damage 30000 l. And at the same time they entred the Abby of Langley in Wiltshire broke up his Coffers and carried away 1000 l. in Silver also his Charters Evidence and Bonds Cups of Gold and Silver and other Silver Vessels and Jewels to his Damage of 10000 l. And at the same time with Force and Arms entred the King's Castle of Marlborough where he was the Constable and took his Goods there found 36 Sacks of Wooll 6 Pair of rich Vestments a Library a Golden Chalice for the Sacrament one Cross of Gold another of Ivory and Ebony and other Ornaments belonging to the Chapel Cloths of Gold Carpets Coverings and many other things and his whole Wardrobe entirely to his Damage of 5000 l. Excepting these Differences of Losses the Petition is the same with his Sons verbatim and The Petition of the Spensers brought into Parlement the Errours assigned in the Process and Award are the very same his rendring himself Prisoner to the King and his Reception into the King's Protection the same and expressed in the same Words And then it follows by the King Et nous apres a nostre Parlement summons a Everwyk as treis semeins de Pasch en an nostre Regne Quinzisme feisems devant nous le Proces del dit Aegard a la suite les ditz Hugh le Fitz Hugh le Pere en cestes Paroles A 15 Edw. II. The Writ of Summons to this Parlement bears Date March 14 1321. Easter-day was April 11. 1â—22 l Honeur de Dieu Seinte Eglise c. And we afterwards at our Parlement at York three Weeks after Easter in the 15th Year of our Reign caused to come before us the Process of the Award at the Petition of the said Hugh the Son and Hugh the Father in these Words To the Honor of God and Holy Church c. the whole Award being cited in this Record After which Recital it follows a quen Parlement c. At which Parlement at York the said Hugh the Son and Hugh the Father being brought before us in Court prosecuting their Complaints and praying us to do them Right and the said Hugh the Son for himself shewed and alledged the Errors in the Process as abovesaid and also Hugh the Father alledged the same Errors and prayed severally and jointly That as the Award was made erroneously and wrongfully against the Laws and Usages of the Realm and against common Right and Reason that we would annull and defeat the said Award and that they might be remitted and reconciled to our Faith and to such Estate as they had and were in before the Award And hereupon hearing the The Process against them examined in Parlement Reasons of the said Hugh and Hugh we caused the Process to be examined in full Parlement in the presence of the Prelates Earls Barons Knights of Counties and the People that were come by reason of the Parlement en presence des Prelates Countes Barons Chivalers des Countes le People estoit venutz pur Encheson du dit Parlement And we found the said Award was made Reasons why the Award ought to be made void without calling them to Answer and without the Assent of the Prelates which are Peers of the Realm in Parlement and against the Great Charter of the Franchises of England which says no Freeman shall be Banished or other way Destroyed but by lawful Judgment of his Peers or the Law of the Land and for that they were not called in Court to make Answer and for these Errors and for that the Causes in the said Award were not duly proved pur ceo que les Causes contenues en la dit Agard ne furent pas duement approvets And further having regard to that that we caused the Parlement at Westminster to be summoned in due manner and commanded by our Writs the said Great Men who made the Award not to make Assemblies and Alliances or come with armed Men yet they came with all their Force to that Parlement notwithstanding our Command And when they came to London in that manner they held their Councils and Assemblies at London without coming to us at Westminster according to Summons and then we sent to them to come to the Parlement at Westminster as they ought yet they would not come nor let us know their Mind nor the cause of the Award tho' we had begun and held the Parlement for 15 Days and more and caused to come before us the Prelates and some Earls and Barons Knights of Counties and others which came for the Commons of the Realm avioms fait venir devant nous Prelates aucunes Countes Barones Chivalers des Countes autres que vindrent pur la Commune du Royalm and caused it to be published That those that had Petitions to promote should deliver them And after Proclamation thus made no Petition was delivered or Complaint made against the said Hugh and Hugh until they came as aforesaid And the Contrivance of the said Award they wholly concealed and kept from us unto the very Hour they came to Westminster with Force and Arms and made their Award against Reason as a thing treated and agreed on amongst themselves on their own Authority in our absence and encroached upon the Royal Power Jurisdiction and Conusance of Process and Judgment of those things which belong to our Royal Dignity wherefore we could not at that time stop the said Award nor do right to the said Hugh and Hugh as it belonged to us And further taking notice that those Great Men after the Award made prayed our Pardon and Release for Confederating themselves by Oath Writing or in other manner without our Leave in pursuing them and Trouping with Banners of ours and their own Arms displayed and taking and possessing Castles Towns Mannors Lands Tenements Goods and Chattels and also taking and imprisoning People of our Allegiance and others and some they wounded and some they killed and many other things they did in order to destroy the said Hugh and Hugh in England Wales and other where of which some might be called Trespasses and others Felonies also it appeared those Great Men were Enemies to and hated them at the time of the Award and before wherefore they ought not to be their Judges in their own Prosecution of them nor have Record ne
the King's Duties and Purveyance thro the Kingdom as if he had been King and he and his Party had with them double the Company of Men and Horse that were with the King in destruction of the People not paying for their Quarters more then they pleased 13. Also the said Roger by his Royal Power caused the King to grant to the Mounting of 200 Irish of those that killed the Great Men and others which were in the King's Faith whereas the King ought immediately to have Revenged their Deaths rather then Pardoned them contrary to the Statute and Assent of Parlement 14. Also the said Roger contrived to have destroyed the King's Secret Friends in whom he had most Confidence and he surmised to the King in the presence of the Queen his Mother the Bishops of Lincoln and Salisbury and others of his Council That his said Secret Friends had excited him to Combine with his Enemies beyond Sea in Destruction of the Queen his Mother and of him the said Roger and this he affirmed so impudently upon the King as he could not be believed against what he had said And for these things he had been apprehended and for many others not as yet fit to be declared Wherefore the King charged the Earls and Barons the Peers of the Land as these things concerned himself themselves and all the People of the Realm to do right and true Judgment upon him for the Crimes above-written as notorious and known to be true to themselves and all the People of the Kingdom The Earls Barons and Peers having Examined the Articles The Peers Opinion concerning the Articles against Mortimer came into Parlement before the King and they all delivered their Opinion by one of their Peers That all things contained in the Articles were notorious and known â—â— themselves and the People wherefore they as Judges in Parlement by assent of the King did Award and Judge the said Roger as Traitor and Enemy to the King The Judgment against Mortimer and Kingdom to be Drawn and Hanged and commanded the Earl Marshall to Execute the Judgment and to the Major Aldermen and Sheriffs of London the Constable of the Tower and those who had the Guard of him to be aiding to the Earl Marshall at the Execution which was done on Thursday next after the * Monday the 26th of November was the first day of this Parlement St. Katherin being the 25th See the Summons in Append. n. 82. first day of the Parlement being the 29th day of November He was not brought to Answer but Condemned without hearing and for that reason this Judgment was Reversed as Erroneous and made void by Act of Parlement and his Grandchild Roger Restored to his Title and Estate Rot. Parl. 28 Ed. III. n. 8 9 10 11 12. In the 8 Rot. Parl. 4 Edw. III. n. 2. Simon Bereford charged as a Confederate with Mortmer same Parlement the King charged the Earls Barons and Peers to give right and true Judgment against Simon de Bereford Knight who had been aiding and advising to Roger Mortimer in all the Treasons Felonies and Wickednesses for which he was adjudged to Death as it was notorious and known to the said Peers who came before the King in Parlement and said all with one Voice disirent touz come d'une voice that the said Simon was not their Peer wherefore they were not bound to Judge him as Peer of the Land but for that it was a thing notorious and known to all that he was aiding and advising to the said Roger in all the Felonies Treasons and Villanies abovesaid which were in Vsurpation of Royal Power Murder of the Liege Lord Murdre de Seigneur Lige and destruction of Royal Blood and that he was guilty of divers other Felonies and Robberies and principal Maintainer of Robbers and Felons they as Peers and Judges of Parlement by Assent of the King do Award and Adjudge him as Traitor and Enemy to the King and Realm to be Drawn and Hanged Adjudged to be Drawn and Hanged and the Earl Marshall had Command to do Execution which was done on the Monday next after the Feast of St. Thomas the Apostle All the Peers Earls and Barons in this 9 Ib. n. 3. John Maltravers Practice and Contrivance against the Earl of Kent Parlement agreed That John Mautravers was guilty of the Death of Edmond Earl of Kent the King's Uncle as he that chiefly traiterously and falsely compassed it and whereas he knew King Edward was dead he cunningly and by his false and wicked Subtleties made the Earl think and believe King Edward was alive the which false Contrivance was the cause of all the ensuing Evils wherefore as Peers and Judges of Parlement they award the said John to be Drawn Hanged and Beheaded as a Traytor when he should be found Judged to be Drawn Hanged and Beheaded A Thousand Marks to him that should take him alive Five hundred Pounds for his Head and prayed the King to issue his Proclamation That any one who could take him alive and bring him to the King should have 1000 Marks and if he could not be taken alive he that should bring his Head should have 500 l. of the King's Gift Further 1 Ib. n. 4. The same Judgment against Bogo de Bayons and John Deveroil the same Judgment was given against Bogo de Bayons and * This John Deveroil or Daverel was a Creature of Mortimer's and Governor of Corf Castle where 't was reported King Edward was who being sent to by the Earl of Kent told the Messenger he was there alive and well but that no body might see or speak with him but such as were sent by the Queen or Mortimer John Deveroil for the same Cause and he that could take Bogo alive and bring him to the King should have 100 l. or bring his Head should have 100 Marks and he that could take John alive and bring him to the King should have 100 Marks or could bring his Head should have 40 l. The same Judgment 2 Ib. n. 5. The same Judgment against Thomas de Gurney and William de Ocle for the same cause was given against Thomas de Gurney and William de Ocle for the Death of King Edward Father of the King that then was pur la mort le Roi Edward piere nostre Seigneur c. That they falsely and traiterously Murdered him and he that could take Thomas alive was to have 100 l. or bring his Head 100 Marks he that could bring William Ocle alive was to have 100 Marks or his Head 40 l. Amongst the Pleas of the Crown in this 3 Append. n. 84. Thomas de Berkele Arraigned found not guilty Parlement is contained the Arraignment of Thomas de Berkele Knight for the Death of King Edward the Second for that the said King was committed to the keeping of the said Thomas and John Mautravers in the Castle of the said Thomas
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
Roy That he may by Award of this present Parlement be restored to his former Estate and Degree to the great Profit of the Kingdom The King 3 Ibm. Ro. The King grants their Prayerâ— willeth at the Prayer of several Prelates and Lords of Parlement d'aucuns Prelates Seigneurs de Parlement and also at the Prayer of the Commons In the last Day of the Parlement when the Petitions of the Commons had been read and answered the Speaker Sir Thomas 4 Ibm. n. 87. The Speaker prays That the Judgments against all such who had been Impeached last Parlement might be reversed Hungerford said before the Prelates Lords and Commons That whereas many People as well Men as Women had been Impeached in the last Parlement without due Process and were Judged in certain Peynes and foreclosed of the commune Liberty which every Loyal Subject ought to enjoy and therefore prayed it would please his Majesty to restore them to their former Estates Dignities and all other things notwithstanding those Judgments The King presently demanded If their Request was made for all that were impeached And he answered Their Request was all It was then told them They must declare distinctly in Writing for whom and why they Petitioned And presently the same Day Seven Bills i. e. Petitions were delivered to the Clerk of the Parlement whereof the first Two do here follow To our most 5 Ibm. n. 88. The same Prayer for the impeached Persons in particular Dread and Noble Lord our Lord the King pray the Commons of your Realm That whereas your Liege Rich. Lyon by hasty Process was adjudged to the Tower of London during your Majesty's Pleasure That it would please your Gracious Lordship que ple a vostre Graciouse Seigneurie to Grant him your Favour to be restored to the Law his Goods Lands and Tenements for according to Law no cause of Forfeiture could be found in him To their 6 Ibm. n. 89. most Dread and Gracious Lord the King and his Sage Council in this present Parlement his Commons make Supplication supplient ses Comunes That whereas Alice Perrers by untrue Suggestion and undue Process was in the last Parlement foreclosed of the Common Liberty which every Loyal Liege of the King as well Men as Women ought freely to enjoy unless they be convict of a Crime or evil Deed for which they are to forfeit it they would please for the Love of God and right Justice to have Consideration That the said Alice was never present in Parlement nor otherwise duly admitted to answer any thing for which she was Judged and for this cause to repeal the Judgment if any were and cause her to be restored entirely to her former Estate the said Judgment or any Prohibition made against the said Alice in the same Parlement notwithstanding The other Five Bills or Petitions were according to this Form for five other Persons namely John de Leycester Adam de Bury Walter Sporier John Peachy of London and William Ellys of Yarmouth But there was not nor could be any Answer made to them The Parlement ended 7 Ibm. n. 95. because the Parlement ended the same Day before any thing could be done in them Sitting this Parlement the 8 Claus 51 Edw. III. M. 16. King was informed the French were gotten to Sea and had done much hurt upon the Coasts wherefore he endeavoured to prolong the Truce To which purpose on the 20th of 9 Rot. Fran. 51 Ed. III. M. 7. Feb. he appointed several Commissioners to Treat with the Commissioners of the King of France before the Pope's Legates but nothing was done in the matter the Legates only propounded a Match between Richard Prince of Wales and Mary the King of France his Daughter And afterwards there The Truce continued was another Meeting of Commissioners at Monstreul without other effect than continuing the Truce until the first of May next following as was before noted out of Holinshed Mezeray 1 Fol. 394. says King Edward was now much desirous of Peace and was willing to relinquish many Articles of the Treaty of Bretigny but was prevented by Death On the 26th of April another 2 Rot. Fran. 51 Ed III. M. 3. Commission was made to the Bishop of St. Davids John Bishop of Hereford and others by which Power was given them to Treat at Monstreul with the French Commissioners and to compose all Differences Wars and Contentions But by reason of Jealousie and Suspicion the Commissioners had one of another they never met This Year John 3 Wals f. 191 192. Knighton col 2647. n. 10. Wyclif was convented before the Arch-Bishop of Canterbury and Bishop of London for his Opinions contrary to the Opinions of those Times at the Black-Friers London where were present John Duke of Lancaster and the Lord Percy How Wycliff behaved himself at this time See the lâ—tter end of Church Affairs in this Reign The Citizens of London their Rage against John Duke of Lancaster The Duke gave the Bishop of London some harsh words which gave the Citizens such Disturbance that they in a great Tumult would have murdered him and pulled down or set fire to his House called the Savoy had not the Bishop interposed and kept them from doing it To save himself he left his Dinner and gat privately away to Kemington near Lambeth where the Prince was with his Mother So that not finding him they only in the Streets reversed his Arms as if he had been a Traitor For 4 Holinsh f. 412. n. 30. Hypod. Nâ—â—str f. 53. n. 40. King Edward's Death this the present Major and Aldermen were put out of their Places and others put in by the Duke's Power who then in the King's Weakness and Infirmities was his Assistant and Viceroy and had Directed all the Affairs of the Nation for some time of which Infirmities and Sickness daily encreasing 5 Wals Hist f. 192. n. 30. Hypod. Neustr f. 531. n. 50. he Died at his House of Shene June 21. 1377. having Reigned 50 Years 4 Months and 28 Days Church-Affairs THE old Controversie was still continued inter Regnum Sacerdotium between the Secular and Ecclesiastic Governments or between the King and Pope concerning the Regalia in Church Matters and concerning the Clergy In the 4th of his Reign the King 1 Append. n. 97. wrote to the Pope which was John XXII concerning the Treasury of York having been given by Provision to a Cardinal against the Rights of his Crown and Prerogative and to the inestimable Damage of the Kingdom that he would revoke his Provision and supplicates him to direct the Cardinal not to contend against William de Maza his Clerk that was in Possession of it by his Presentation about such a Novelty and Vsurpation it being his and always had been the Right of his Progenitors in the Vacancy of the Arch-Bishoprick and to strengthen that Right vouches a Precedent in the
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
I know and confessed to fore the same William all the Matters and Points I wrote that is wrot in this great Roll annexed to this Scedule the which Scedule and great Roll both Sealed under the Seal of the aforesaid William and all the Matters and Points I know that is declared and confessed by the foresaid Duke in the Castle of Caleys the foresaid Duke be his own Hand fully and plainly I wrot delivered it to the same William Rickhill in the presence of John Lancaster and John Lovetot and all that ever the foresaid William Rickhill dede touching this Matter it was I doe that is done in the presence of the foresaid John and John and in none other manner I Thomas of Woodstok 9 9 Ibm. the Zer of my Lord the King twenty one be the vertue of a Commission of my Lord the King the same Zer directed to William Rickhill Justice the which is comprehended more plainly in the foresaid Commission knowleche that I was one with sterynge of other Men to assent to the making of a Commission in the which Commission I among other restreyned my Lord of his freedome and took upon me among other Power real that is Royal truly not knowing â—e witting that time that I did against his Estate nor his Royalty as I did after and do now And forasmuch as I knew afterward that I had done wrong and take upon me more then me ought to do I submitted me to my Lord and cried him Mercy and Grace and yet do as truly and as meekly as any Man may and put me high and low in his Mercy and in his Grace as he hath always been full of Mercy and Grace to all other Also in that time that I came Armed into my Lord's presence and into his Palace howsoever that I did it for drede of my Life I knowlech for certain that I did Evil and against his Regalte and his Estate wherefore I submit me lowly and meekly to his Mercy and to his Grace Also in that I took my Lords * * At Râ—dâ—â—t Bridge Letters of his Messages and opened them against his leave I knowlech that I did Evil wherefore I put me lowly in his Grace Also in that that I sclaundred my Lord I knowlech that I did Evil and Wickedly in that that I spake to him in sclaunderous wise in audience of other folk bot by the way that my Soul shall too I meant none Evil therein nevertheless I wot and knowlech that I did evil and unkindly wherefore I submit me high and low in his Grace Also in that I among other communed and asked of certain Clerks whither that we might give up oure Homage for dread of our Lives or not and whither that we were assentid thereto for to do it trewly and be my troth Ine have now none full mind thereof that is he did not remember it but I trowe rather yee then nay wherefore I submit me high and low evermore in his Grace Also in that that I was in place there it was communed and spoken in manner of deposal of my Liege Lord trewly I knowlech well that we were assentid thereto for two days or three and then we for to have done our Homage and our Othes and put him as highly in his Estate as ever he was but for south that is sooth there I knowlech that I did untrewly and unkindly as to him that is my Liege Lord and hath been so good and kind Lord to me wherefore I beseeche to him notwithstanding myâ— unkindnesse I beseche him evermore of his Mercy and of his Grace as lowly as any Creature may beseche it unto his Liege Lord. And as of any new thing or Ordenance that ever I should have witting or known ordained or assentid privy or appert that should have been against my Lord's Estate or his Lust that is Will or any that longeth about him syth that day that I swore unto him at Langeley on God's Body trewly and by that Ooth that I there made I never knew of gathering against him ne none other that longeth unto him And as touching these Points that I have made Confession of to for William Rickhill Justice in the which I wot well that I have offended my Lord unkindly and untrewly as I have said before how that I have in all these Points offended him and done against him trewly and as I will answer before God it was my meaning and my weaning that is weening or thinking to do the best for his Persone and for his Estate Nevertheless I wot well and know well nowe that my Deeds and my Workings were against my intent bot by the way that my Soul shall to of these Points and of all other the which that I have done of negligence and of unkunning it was never myne intent ne my will ne my thought for to do thing that should have been distresse or harmeing against salvation that is safety of my Liege Lords Persone as I will answere before God at the Day of Judgment And therefore I beseech my Liege and Soveraign Lord the King that he will of his high Grace and Benignity accept me to his Mercy and his Grace as I that put my Life my Body and my Goods wholly at his Will as lowly as meekly as any Creature can do or may do to his Liege Lord beseeching to his high Lordship that he will for the Passion that God suffered for all Mankind and the Compassion that he had for his Mother on the Crosse and the Pitty that he had of Mary Magdalen that he will vouchsafe for to have Compassion and Pitty and to accept me to his Mercy and to his Grace as he that hath ever been full of Mercy and of Grace to all his Lieges and to all other that have nought been so nigh unto him as I have been though I been unworthy After this Return to the Commission had been read the Apellants prayed That William Rickhill approved for his Loyalty and William Rickhill declares in Parlement the manner of the Duke of Glocester's Confession Discretion might be commanded by the King upon his Ligeance to declare the truth touching this Confession who in the presence of the King the Lords Spiritual and Temporal and Commons in Parlement said and declared That about Eight of the Clock before Noon he came within the Castle of Caleys to the Duke of Glocester being then in good Memorie and out of Prison esteant alors en bone memorie hors de duresse de prison and shew him the Commission and the cause of his coming to him in the presence of John Lancaster and John Lovetoft and prayed him that what he had to say he would put down in Writing and then departed Then returning to him about Nine of the Clock afternoon the same day the Duke read in writing the said Confession with his own Mouth and gave the same to William Rickhill with his own Hand And further William Rickhill said to
Droiturel Naturel Soveraign Seigneur de sa Grace especial prist la Batail en sa mayn And it was said to the Duke of Hereford That the King by full Advice Authority The King by Advice of those who had the Authority of Parlement stayed the Battel And banish'd the Duke of Hereford for 10 years Note the Duke of Hereford's Father John Duke of Lancastir was chief in this Advice and Judgment 6 Ibm. The Duke of Norfolk banished by the same Advice and Authority and Assent of Parlement le Roy par plein Avys Auctorite Assent du Parlement Willed or Ordained and Adjudged for the Peace and Tranquillity of him his Kingdom and Subjects and to eschew Debates and Troubles especially between the Dukes their Friends and Well-willers That the Duke of Hereford should go out of the Kingdom for Ten Years and be gone within Eight Days after the Day of St. Edward the Confessor or 13th of October upon pain to incur Treason by Authority of Parlement Also it was Ordained by Authority and under the pain aforesaid That the Duke of Hereford should not come in the Company of Thomas Duke of Norfolk nor of Thomas Arundel nor send or cause to be sent or receive or cause to be received by Message or otherwise to or from either of them It was then also 6 said to the Duke of Norfolk That forasmuch as at Windsor the 29th of April in the 21st of the King he had confessed certain Points of the Appeal or Schedule abovesaid which he had denied at Oswaldstre on the 23d of February foregoing which were very likely to have bred great Trouble within the Kingdom The King desiring to punish as Rightful Lord all such as were the Authors of such Troubles and Debates and also willing to avoid the Occasions of them Adjudged and Ordained by the same Advice Authority and Assent of Parlement That Thomas Mowbray Duke of Norfolk should void his Realm voidera son Roialme for term of Life and that he shall be out of the Kingdom by the 20th of October next coming and remain in Germany Bohemia and Hungary and in other Parts of Christendom upon pain to incur Treason by Authority aforesaid and that he should not come in the Company of the Duke of Hereford nor of Thomas Arundel nor send or receive c. as before in the Duke of Hereford's Case upon the same pain And it was Ordained by Authority of Parlement as above That if either of the Dukes or any other do procure any thing to be done against the least point in the Ordinance or what was done on the 16th of September shall incur the pain of Treason as if it had been done against any Ordinance of the Parlement begun at Westminster and adjourned to Shrewsbury or if they or any other for them shoulk seek for any manner of Pardon or Licence to return home they were to incur the same pain by the same Authority On Tuesday on the morrow of St. Edward the 14th of October next following the King with the 7 Stat. at Large 21 Ric. II. c. 16. These things though in the 22d year are entred on the Parlement Roll 21st as part of that Parlement Ordinances and Statutes made at Bristol Dukes of Lancaster York Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Salisbury and Glocester John Bussy Henry Green and John Russel by Virtue and Authority to them committed in Parlement at Bristol made certain Ordinances and Statutes Five whereof are printed in the Statutes at Large Cap. 16 17 18 19 20. the last whereof relating only to our Purpose and varying in Print somewhat from the Roll I have added to it what was wanting Also the King on the same Tuesday on the morrow of St. Edward by the same Assent of the Lords and Knights of Counties so assigned by the said 8 Rot. Parl. 21 Ric. II. n. 85. so entred though it was in the 22 Ric. II Not to be repealed under pain of Treason Authority of Parlement doth Ordain That every Person that procureth or pursueth to Repeal or Reverse any of the said Statutes or Ordinances made by the King by the Assent of the said Lords and Knights assigned by Power and Authority of Parlement and that duly proved in Parlement shall be Adjudged and have Execution as a Traitor to the Kingdom in like manner as they which Pursue or Procure to be Repealed the Statutes and Ordinances made during the time of the said Parlement After this Provision made for the sure keeping of the Statutes The Oaths of the Bishops and Lords enlarged and Ordinances made by the King with the Assent of the Lords and Knights assigned by Power and Authority of the Parlement the Oath of the Bishops when they received their Temporalties of the Temporal Lords when they had Livery of their Lands and Tenements were enlarged with these Additions To the Bishops Oath was added 9 Ibm. n 86. The Additions to the Bishops Oath You shall Swear That well and truly vous jurez que Bien Loyalment Tendrez Sustendez Esterrez sanz fraud on mal Engyn ove touz les Estatutes Establishments Ordenances Jugements faits c. you will Hold Vphold and Stand with without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made and rendred in the Parlement summoned and begun at Westminster on the Monday next after the Exaltation of Holy Cross in the Year of the Reign of our Lord King Richard II. after the Conquest Twenty one and from thence adjourned to Shrewsbury to the Quinden or 15 Days after St. Hillary then next coming and there ended And also all the Statutes and Ordinances made after the said Parlement by the King and Lords and Knights of Shires coming for the Commons to that Parlement without going or doing to the contrary of any of them or the Dependants on or Parcel them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Regaly Liberty and Right of his Crown To the Oath of the 1 Ibm. Temporal Lords was this further Addition You shall Swear That you will never suffer in time to come any Man The Addition to the Oath of the Lords Temporal living to go or do anything to the contrary of any of the Statutes Establishments Ordinances and Judgments above-said nor any Dependants on or Parcell of them And if any one shall do so and be thereof duly Convict you shall use your utmost Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High Traitor to the King and Kingdom saving to the King is Regalie Liberty and Right of his Crown At Handenstank on the 26th of October this Year Commissioners A.