name of a Statute as being prejudicial and contrary to the Laws and Vsages of the Kingdom and the Rights and Prerogatives of the King But for that there are some Articles in the same Statute which are reasonable and agreeable to Law as in the Revocation in print 't is agreed by the King and his Council that those Articles and others accorded in this present Parliament shall be made into a new Statute by the advice of Justices and other Sages which shall be perpetual The Necessitous Condition of the King's Affairs requiring 20000 20000 Sacks of Wooll to be Transported Sacks of Wooll to be 5 Rot. Parl. 15 E. III. n. 45. transported before Michaelmas next coming it was provided That no Man before that time should send over Sea any Wooll on pain of thrice the value and loss of Life and Member How this Arch-Bishop was prohibited and kept from entring in at the Door of the Painted Chamber where the Parliament sate by Two Serjeants at Arms placed there by the King we have it in Birchington the Monk of Canterbury 6 Hist Sacr. vol. 1. f. 39 40. The Arch-Bishop not permitted to enter the Painted Chamber where the Lords sate in Parlement in his Life On Saturday the Feast of St. Vital or 28th of April being the sixth day of the Parliament he came to Westminster and to the Door of the Painted Chamber The Serjeants told him they could not permit him to go in To whom he said the King called him to Parliament by his Writ That he was after the King the greatest and ought to have the first Voice ego sum major post Regem primam vocem habere debens That he challenged the Rights of his Church of Canterbury and demanded entrance into the Chamber but the Serjeants expresly denied it to him and to the Bishops of London and Chichester who were with him Then advancing his Cross he told them That he would not depart from that place until the King should command him at length staying there the Ea 〈…〉 of Northampton and Salisbury coming out he desired them to acquaint the King with what had been done and that they would request him in his Name to preserve the Right of the Church of Canterbury At last with his Fellow Bishops and the Bishop of At last he was permitted to enter Ely he was admitted into the Chamber where Treating with the Prelates and Peers of the Land the King withdrew On Thursday following being the 3d of May in full Parliament he with Ten Bishops Eight Earls Four Abbots Eight Barons all And admitted to favour by the supplication of Great Men. there named the King's Chamberlain John Darcy Bartholomew Burghersh the Mayor of London the Barons of the Cinque-Ports and Knights of the Community of England ac militibus communitatis Angliae appeared before the King and supplicated him for the Arch-Bishop who admitted him into favour but did not then as Birchinton affirms excuse him wholly from his Crimes as is clear from the Parliament Records above cited Not long after the Dissolution of this Parliament Lewis the Emperor 7 Append. n. 90. wrote to King Edward That Philip King of France had given him Authority by his Letters to Mediate a Peace between The Emperor by Letter offers his Mediation of a Peace with France them which tho incumber'd with many and weighty Affairs he was willing to undertake it being very expedient for and advantageous to himself Kingdom and Allies if he would give him like Power by his Letters to Treat of and make a Peace or Truce for a year or two Nor as he says ought the Friendship enter'd into and contracted between him and Philip King of France move King Edward for since he had made Truce and Agreement meaning the Truce at Tournay with Philip without his knowledge will or assent by advice of his Princes who knew his Leagues Agreements and Unions to whom it seemed he might with Honour make Agreement and Friendship with the King of France he had contracted and enter'd into Union with him And for the Causes before noted he revoked his Commission by which he had made him Vicar of the Empire yet certainly letting him know that in his Mediation and Treaties he would provide for him like a Brother and if he would acquiesce in his Advice his Cause should be brought to a good end by his assistance And for his further intimation he sent to him one of his Chaplains who he desired might speedily be sent back These Letters were dated at Francfort June the 24th To which Letter King Edward sent his Answer 8 Append. n. 91. That he had received it with Respect and then reciting the chief Contents King Edward by his Letter refuseth to accept it of it commends his Zeal for making an Agreement between him and Philip of Valois giving him notice That he always wish't for a reasonable Peace with him which he had prosecuted as much as he could with Justice and that he then desired such a Peace as he wished for might be procured at the instance of so great a Mediatour But because he knew his Right in the Kingdom of France to be sufficiently clear he would not by his Letters commit it to a doubtful Arbitration or Judgment much wondring he should join with Philip that had done him such notorious injury when seeing the evident Justice he had for his Demands and Philip's obstinacy in not complying with them he had for that reason enter'd into a League with him And as to what was said That he without his knowledge or assent had made â— Truce and entred into a Treaty of Peace with Philip considering the Circumstances of the Fact it ought not rationally to have moved him because at that time he besieged Tournay and ought to follow the advice of those that were with him and gave him their assistance Considering also that Winter was coming on and the distance between them he could not be permitted to consult him And further he put him in mind That he had granted that when he had opportunity he might Treat without his knowledge but so as not to make a final Peace with Philip without his consent which he never intended to do It seemed also to some that the Revocation of the Vicarship was too suddenly done when as according to the Agreement by the heighth of Imperial Power made with him it ought not to have been done until he had obtained the Kingdom of France or the greatest part of it Dated at London the 18th day of July in the second year of his Reign over France and over England the Fifteenth After the Truce at the Siege of Tournay 9 Frâ—issard â— 1. c. 64. The Duke of Bretagne dies John Duke of Bretagne who had served the King of France in his Army in the way toward his own Country fell sick and died without Issue After his death there arose a controversie between
to the Precept he had recovered Seisin by the Jugment of the Guardians When John King of Scotland disseised him again of the same Lands and Tenements and that he might not further prosecute his Right imprison'd him and caused an unjust Judgment to be given against him in Contempt of the King of England and Superior Lord of Scotland and to his own great Damage The King of Scots 5 Ibm. f. 158. The King of Scots appears appeared before the King and his Council in his Parliament after Michaelmas and denied all Contempt of the Lord his King and said he had not Day to Answer the said Magdulph who Replied He had that very Day appointed him to Answer by the King 's 6 Ibm. fol. 154 155. the Writ it self The Particulars of the Pleadings on both sides Writ delivered to him by the Sheriff of Northumberland at Strivelin on the morrow after St. Peter in Bonds that is the 2d of August which sufficiently appeared by the Return of the Sheriff and the King of Scots being asked whether he had the Writ delivered to him by the Sheriff confessed it and was then urged to answer 7 Ibm. f 158. when He said he was King of Scotland and that he dare not Answer to Magdulph ' s Complaint or any thing that concerned his Kingdom without the Advice of his Subjects sine Consilio * These Probi homines could not be the Common or Ordinary People proborum hominum Regni sui and Magdulph demanded Judgment against him as saying nothing 8 Ibm. f. 159. Then he was told by the King he was his Liege-Man and did unto him Homage and Fealty for the Kingdom of Scotland and was ordered to come thither to answer or say why he would not or ought not to answer before him and he said as before The K. of Scots dare not Answer without advice of his People That he Could not nor Dare answer to any thing that concerned his Kingdom without consulting his People inconsultis probis hominibus Regni sui Vpon this he was told he might require another Day he answered He would require none It was then agreed That the Principal Plea belonged to the King and that he made no Defence against Magdulph 9 Ibm. and because he would not require Day or shew Cause why he ought not to Answer in Elusion of the King's Jurisdiction and Superiority it was Judged a Contempt and Disobedience to him and that Three of his Principal Castles of Scotland should be Seized into his Hands and so remain till he had given Satisfaction for his Contempt and Disobedience But before the Pronounciation of the Sentence he came before the King and his Council and made Supplication to the King with his own Mouth ore suo proprio and Delivered it unto him with his own hand in Writing in 1 Ibm. f. 159 160. He Petitions K. Edward for leave to advise with them and for longer time French to this purpose Sire jeo suy vostre home du Royalme de Escoce c. Sir I am your Man of the Realm of Scotland and pray you for what I am come hither for which concerns the People of my Kingdom as well as my self That you would forbear me while I speak with them that I may not be surprized for want of Advice for that those that are with me will not nor ought to advise me without others of the Realm and when I have advice from them I will answer at your first Parlement after Easter and will behave my self towards you as I ought to do The King advising hereupon at the Instance of the Great Men of his Council and with the Consent of Magdulph granted his Prayer and gave King Edward grants his Request him Day until his Parlement after Easter on the Morrow of the Holy Trinity This is what is to be found in Ryley's Parliament Pleas about this Case and now we return to the Record again Which 2 Rot. de Superioritate Regis Angliae c. ut supra The K. at War with France and Wales Parlement at St. Edmunds-Bury A. D. 1295. 23 Ed. 1. tells us That on that Day the Parlement ceased or was not holden Parliamentum cessavit sive non tenebatur for that the King was Engaged in War lately raised against him in divers Countreys as with the King of France in Gascony and with the Welsh in Wales Yet the suit between the King of Scots and Magdulph which had begun before the Justices of the King's-Bench in Parlement was Continued and Prorogued Loquela c. Continuata fuit Prorogata To the Parlement next to be holden which was afterwards Summoned to be at St. Edmunds-Bury on the Feast of St. Martin in Winter that is November 11. which was in the 23d Year of King Edward and in the Year from the * The Publick Notary that Drew up this Record always begins the Year at Christmas Nativity of the Lord 1295. The King of England 3 Ibm. Magdulph prosecutes his Plea in that Parlement The King of Scots appears not but sends his Excuse was at St. Edmunds-Bury that day and there held his Parlement where Magdulph strenuously prosecuted his Plea But the King of Scots instead of appearing in Person sent the Abbot of Abirbrothok with other Noblemen of that Kingdom to King Edward with Letters to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed at the Day given or appointed him Quod nec tunc nec prius juxta quod Diem habuerat ad Curiam suam in praeteritis Parliamentis accesserat Excusavit pretending certain Causes of Excuse that he could not come in his own Person This Abbot 4 Ibm. The Abbot and others that came to Excuse the K of Scots Demand Satisfaction for Injuries done them The Answer to their Demands and those that came with him brought not only an Excuse but a Quarrel and Demanded of King Edward Satisfaction for many and great Injuries Oppressions and Grievances sustained by the Scots from his Subjects To whom after deliberation this Answer was given That the King of England for certain Causes was coming toward the North parts and that the King of Scots should then have sufficient Recompence to his own Content for all Injuries could be proved done to the Scots by his Subjects of England and then appointed him a Day in the same Parlement by the Continuation and Prorogation of the Justices representing his Person against Magdulph the First Day of March next following The King of Scots summoned to appear at a Parlement at Newcastle at Newcastle upon Tyne Then expecting his being there enjoyn the Abbot and those with him to give Notice to their King he should then Personally appear to Treat with the King of England about the Premisses and other Things touching the State and Tranquility of both Kingdoms and their Inhabitants While the King was
this Truce and the King of France his Protestation against it and the Pope's pretended Power to make it Vniversiis 1 Proves des libertez de l'Eglisâ— Gallicane Printed 1651 chap. 7. n. 12. £ 96. praesentes literas inspecturis miseratione divina B. Albanensis S. Penestrimensis Episcopi salutem in Domino Notum facimus c. To all that shall see these present Letters B. by Divine Mercy Bishop of Albano and S. Bishop of do make it known c. Then giving a short Account of the Truce and that it was to have continued for Two years from the Feast of St. John Baptist last past They say That when they presented to the King of France the Popes Letters Patents containing the Truce to be read cumque dictas literas praesentaremus dicto Regi The King of Fâ—ance protests against the Pope's Power to make a Truce Franciae legendas c. He forthwith before they were read caused in his own and their presence these Protestations to be made That the Temporal Government of his Realm belonged to himself alone and no other That he would acknowledge no Superior in it nor subject himself any way to any Person living in things of his Temporal Government but would maintain his Fees Sed se intendere And denies his superiority in Temporals feoda sua Justiciare and Defend his Kingdom and the Rights of it in all things as God should enable him by the help of his Subjects Friends and Assistants Nor that he took himself or Kingdom to be affected by the Popes Declaration of the Truce in his Letters Patents directed to him nor the Sentence of Excommunication therein contained And further added That he would not recede in Word or Deed from these Protestations yet as to what concerned his Soul and Spiritual Government as his Predecessors had done before he was ready to obey the Precepts of the Holy See as much as he was bound and ought to do as a Devout Son of Holy Mother Church These things premised the Cardinals proceeded to the publication of the Truce and Sentence and caused the Pope's Letters to be read before the King Done at Creil in Beauvaisis on the 19th of April 25th of Ed. I. 1297. Datum Credulii Bellovacensis Diaecesis c. After this * Walsingh Hist Angl. f. 74. n. 30. on Innocent's Day or 28th of December and 26th of Edward I. there came to him then at Gaunt the Master of the Order of Preachers and the General of Friars Minors who had been with the King of France about the same Business and beseeched The Pope as a Mediator not as a Judge offers to make Peace on behalf of the Pope That they would send their Commissioners to Rome with full Power to Treat of Peace the Pope promising not as a Judge but Kind Mediator and in prejudice to neither to indeavour to settle Peace and Tranquillity in both Nations And published to that purpose a Two years Truce and restore the former Friendship between the Two Kings And because that could not be accomplished without a Truce therefore the Pope by these Messengers published again a Two years Truce as he had desired before by the Cardinals under pain of Excommunication and Interdict of both the Nations The King of England * Ib. n. 40. Both Kings submit all Differences to the Pope as a Private Person only considering it was dangerous staying in Flanders and that he had been imprudently brought thither by the Contrivance of the Earl that his own Kingdom was unsettled by Intestin Sedition and that he could have no Confidence in the King of the Romans the Pope not being his Friend consented to the Truce And both Kings sent their Commissioners to Rome and Compromitted and Referred all Differences whatever between them to Boniface VIII as Beneâ— Gaitan or a Private Person but not as Pope as will appear by his own Instrument of the Terms of Peace hereafter mentioned Mat. 2 Fol. 431. n. 10 20. Both Kings accept and agree to a Truce for two years Westminster says both Kings accepted and agreed to a Truce for Two years to begin at the Feast of Epiphany or beginning of Lent when the above-mentioned short Truce ended for themselves and Confederates and when King Edward came for England and landed at Sandwich on the 21st of March. And within few days after to make good the Promise he had made not long before his going into Flanders Instructions and Commissions were sent forth to 3 Append. n. 35. The King to make good his Promise sends out Commissions of Inquiry what Goods had been taken from his Subjects Two Knights one sent by the King and the other taken out of the Country one Clerk and one Religious Person to be assigned by the Bishop of the Diocese to inquire by the Oaths of Lawful Men of every County in what manner and how much Wooll Woollfells Leather Grain Beasts Flesh Fish or other Goods had been wrongfully and illegally taken from the Clergy and Laity for Victualling and setting forth his Fleet or for other Matters since the War between himself and the King of France Witness the King at Westminster the 4th of April in the A. D. 1298. 26th of his Reign After the Notable Protestation of the King of France against the Pope says Peter 4 Proves des Libertees ut supra f. 97. The Compromise made to Bennet Cajetan not Pope Boniface c. Pithou desiring to make Peace with the Emperor Elect and the King of England compromitted that whole Affair in the Person of Pope Boniface as a Private Person and Benedict Cajetan by his Family Name and not as Pope on purpose that he might not usurp upon the Authority of the Kings In this year and about this time Adolph the Emperor or as the old Historians call him King of Almain or of the Romans was deposed by the Electors and German Princes and as 5 Hist of France f. 327. A. D. 1297. Adolph the Emperor deposed The King of France his Money prevails with the German Princes Mezeray Stories was first detained in Germany by private Dissentions raised by the French or the Sums of Money King Philip gave him underhand so as he did not afford the Earl of Flanders that Relief he expected and at the same time debauched Albert Duke of Austria by the all powerful Influence of Money from the Party who brought over with him the Duke of Brabant the Earls of Luxemburgh Guelders and Beaumont The same Historian also gives this Account of his Deposition 6 Ibm. A. D. 1298. Adolph the Emperor deposed And how the Money that Adolph had received on both hands was the cause of his Ruin and on the contrary what Albertus had received for the same end served to raise his Fortune for this last having made use of some of it to corrupt the Princes of Germany who were displeased for that Adolphus had given him
he sent the Bishop of Vicenza to the King of France before whom and with the Consent of the King of England's Commissioners it was Agreed That both the Kings should perform that Article and King Edward Authorized several Commissioners The King of England performs the 7th Article of the Pope's Award to deliver the Possession of his Lands Vassals and Goods into the hands of the Bishop who was to receive them in the Name of the Pope as a Private Person and Benedict Gaitan This Instrument bears Date at Westminster April 22. 1299 the 27th of Ed. I. In May following Prince Edward 2 Ibm. Prince Edward Contracted to Isabel the King of France his Daughter made the Earl of Lincoln his Proxy to Contract the Espousals with Isabel the King of France his Daughter While the Bishop of Vicenza was in France he sollicited the Release of John Baliol King of Scots by the King of France his Mediation to the Pope to give it in Charge to the Bishop his Legate who obtained it 3 Append. n. 36 and Pryn's Ed. I. f. 797. A. D. 1299. 27. Ed â— and he was delivered to him at Whitsand in France by Robert de Bourghersh Kt. Constable of Dover Castle the King's Proxy upon Saturday before St. Mary Magdalen's Day or 22d of July upon Condition That the Pope might Direct and King John Baliol delivered to the Pope's Proxy Order what he pleased only as to his Person and the Estate he had in England as King Edward might have done if he had been personally with him in England saving to him and his Heirs Kings of England the Kingdom of Scotland the Men and Inhabitants and all the Appurtenances to that Kingdom It being there Read and Rehearsed before his Delivery and in his own presence and the presence of the Bishop of Vicenza That he had committed many Inhuman Trespasses and Treasons against his Sovereign Prince King Edward contrary to his Homage and Fealty c. And that the Pope should not Qrdain or Direct any thing in the Kingdom of Scotland concerning the Men or Inhabitants or Appurtenances of the same Kingdom for John Baliol or his Heirs which are or may be or any other Cause whatsoever And upon these Terms the Bishop in Name and Stead of the Pope received him from the King's Proxy on the said Saturday before the Feast of St. Margaret A. D. 1299. and 27th of Ed. I. Certainly at this time the Pope understood not that Scotland was his Fee as he claimed it two years after It may be supposed that King John Baliol was willing to go any His Character of the Scots whither rather than into his own Country he having voluntarily and of his own accord without the privity of King Edward by an 4 Append. n. 37. and Pryns Ed. I. f. 665. Instrument drawn by a Publick Notary the year before Renounced Scotland and Resolved never to come there more or have to do with it because he had found such Malice Fraud Treason and Deceit in the Scots that they had designed to poyson him This year 5 Mat. West f. 431. n. 50. died Two very great Men Humfry de Bohun Earl of Essex and Hertfordshire and Constable of England and William Beauchamp Earl of Warwick The Scots were this year Troublesome and the King had summoned the Militia of the Kingdom 6 Brevia Regis in Jurie Lond. 27 Ed. I. and Pryns Ed. I. f. 809. The King summons the Militia to go with him into Scotland The Pope sends a Nuncio to compleat his Award to meet him at Carlisle on the Vigil of Pentecost to go with him into Scotland upon his own Wages against his Enemies and to settle such English as he had there given Lands unto in them in the mean time he received a Message from the Pope that he was sending his Nuncio to Mounstreuit in Picardy where should be a Treaty to end all Differences in pursuance of his former Award This Message was communicated to the Arch-Bishop of Canterbury other Bishops Earls and Barons who advised him to remain in the South while this Treaty was over by reason of Debates that might happen in it which might require speedy Advice and Resolution and therefore wrote to all the Sheriffs of England to make Proclamation the Militia should not meet at Carlisle until the first of August Given at Stabenheth the 7th of May 27th of Ed. I. A. D. 1299. 27 Ed. I. Many of the Nobility and People not being satisfied or seemed not to be so that the Perambulations and setting out the Bounds of the Forests were not done so speedily as they desired the King sent 7 Brevia ib. Pryn f. 810. The People dissatisfied at the delay of the Perambulations of the Forests Writs to the Sheriffs of all Counties to proclaim and give notice That the Commissioners for these Perambulations should meet at Northampton at Michaelmass next with full power to proceed Special Commissioners appointed to dispatch that Business in that Business without delay Dated at Lewis the 25th of June in the 27th of his Reign But this was not thought sufficient for it was reported and The People yet not satisfied noised abroad that the King intended not to observe Magna Charta or the Charter of the Forest nor would ever suffer the Perambulations to be made and the Bounds of the Forests to be set out and therefore the same day he issued a 8 Ibm. and f. 811. The King issues a Second Proclamation to quiet them further Proclamation to give the Causes and Reasons why the Perambulations c. could not be made sooner and to let the World know he was pressed too hard and not in due manner to do these things and that those who raised these Reports were malicious People and desired to cause Differences between him and his Subjects and to disturb the Peace of the Nation Dated on the same day and at the same place In the beginning of September 9 Walsingh f. 77. n. 10. Mat. Westm f. 432. n. 10 20. A. D 1299. 27th of Ed. I. King Edward Married to Margaret the King of France his Sister Margaret Sister to the King of France was Conducted into England by the Duke of Burgundy and Earl of Britan to whom King Edward was Married on the 12th of this month in the Cathedral of Canterbury by the Arch-Bishop The Wedding was very splendid and much Foreign Nobility attended the Solemnity The King's Expectations were every way great from this Match but it answered them not On the Feast of St. Martin or 11th of November says 1 Fol. 77. n. 30. Walsingham the King held a Parlement at York and from thence went to Berwick intending to proceed further into Scotland to Relieve Sterling Castle then besieged by the Scots but the Noblemen Sterling Castle delivered to the Scots then with the King informing and pressing him the boggy and low Grounds were
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
King and the other notwithstanding any Confederacies they have made on this side or beyond the Sea with any Persons be they of Scotland or Flanders or any other Country 32. Also it is agreed That the King of France and his Eldest Son the Regent for them and for their Heirs Kings of France as soon as it may be done shall declare themselves and depart from all the Confederacies they have with the Scots and promise That they nor their Heirs nor the Kings of France for the time being shall give or do to the King or Realm of Scotland nor the Subjects thereof present and to come any Aid Comfort or Favour against the King of England his Heirs and Successors nor against the Kingdom nor against the Subjects in any manner and that they make not other Alliances with the Scots in time to come against the Kings and Kingdom of England And in like manner as soon as it may be done the King of England and his Eldest Son shall declare themselves and depart from all Alliances they have with the Flemmings and so on in the same Words and Things concerning them as the King of France engaged to do in respect of the Scots 33. Also it is agreed That the Collations and Provisions made of Benefices vacant in time of the War by one Party and the other shall hold and be good and that the Costs Issues and Revenues received and levied of any Benefices or other things Temporal whatever in the Kingdoms of France and England by one Party or the other during the Wars shall be quitted by one Party and the other 34. Also That the Kings above-said shall be bound to cause to be confirmed all the Things above-said by our Holy Father the Pope and they shall be made sure and strengthened by Oaths Sentences and Censures of the Court of Rome and all other Places in the most strong manner that can be and there shall be obtained Dispensations Absolutions and Letters from the Court of Rome for perfecting this Treaty and they shall be delivered to the Parties at furthest within three Weeks after the King shall be arrived at Calais 35. Also That all the Subjects of the said Kings which come to Study in the Universities and Places of Study in the Kingdoms of France and England shall enjoy the Privileges and Liberties of those Places and Universities as well as they might have done before the War or as they do at this present 36. Also it is agreed That to the end the Things debated and treated of as above may be more established firm and valuable there shall be made and given the Securities which follow That is to say Letters or Instruments sealed with the Seals of both Kings and their Eldest Sons the best that can be made or directed by their Counsel And the said Kings and their Eldest Sons and other Sons shall swear and also those of their Lineage and other great Men of their Kingdoms to the number of Twenty on each side That they will observe and keep and help in the keeping of the Things treated and agreed inasmuch as shall concern them and without Fraud or Deceit shall accomplish them without ever doing any thing to the contrary and without any hindrance of the same And if there shall be any of the Kingdom of England or France which shall be Rebels and will not agree to the Things above-said the said Kings shall use the Power of their Bodies Goods and Friends to bring such Rebels to Obedience according to the Form and Tenour of the Treaty And further the said Kings their Heirs and Kingdoms shall submit themselves to the Coertion of our Holy Father the Pope that he may constrain by Sentences Censures of the Church and all due ways him that shall be Rebel according to Reason And according to these Establishments and Securities above-said both Kings and their Heirs shall by Faith and Oath Renounce all Wars and Contention And if by Disobedience Rebellion or Power of any Subjects of France or any just Cause the King of France or his Heirs cannot accomplish all the Things above-said the King of England his Heirs or any for them shall not make War against the King of France his Heirs or Kingdom but both together shall endeavour to bring the Rebels into true Obedience and accomplish the Things above-said And if any of the Realm or Obedience of the King of England will not render the Castles Towns and Fortresses which they hold in the Realm of France and obey the Treaty above-said or for just cause cannot do that which by this Treaty they ought to do The King of France nor his Heirs nor any for them shall make War upon the King of England or his Kingdom but both together shall employ their Power to recover the Castles Towns and Fortresses and that all Obedience and Compliance may be given to the Treaty And there shall be made and given on both sides according to the nature of the Fact all manner of Security that shall be known or can be devised as well by the Pope the College of the Court of Rome as otherwise holding and keeping the Peace perpetually and all the Things as above agreed 37. Also it is agreed That by this present Treaty all others if any have been made before shall be null and void and never be any Advantage to either Party nor cause any Reproach of one to the other for not observing them 38. Also the present Treaty shall be Approved Sworn to and Confirmed by the Two Kings when theyshall meet at Calais and after the King of France shall be gone from thence and be in his own Power within a Month next following he shall make Letters Patents of Confirmation and send and deliver them at Calais to the King of England and receive such and the like from the King of England 39. Also it is agreed That neither King shall procure or cause to be procured by himself or others any Injury or Molestation by the Church of Rome or any of Holy Church whoever they be to or concerning this Treaty towards either of the Kings their Coadjutors Adherents and Allies whoever they be or their Lands or Subjects on occasion of the War or other thing or for Service the Coadjutors Adherents or Allies of either side have performed or if our Holy Father will do it of himself both Kings shall hinder it as well as they can without Deceit 40. Also the Hostages that are to be delivered to the King of England at Calais the manner and time thereof the Two Kings shall there direct Note That in the Corrected Instrument or Letters of this Treaty the Words Resort and Sovereignty are always and in all Articles omitted in respect to the King of England's enjoying them in the Places which were to be delivered to him where in the uncorrected Articles and Instrument they are given to him And then it follows at the latter end or bottom of the Articles
and other Burthens by the Pope lately made To the Slander Dishonour and Depression of the whole Church of England and Disinheriting of our Lord the King and his Crown and other Nobles of the Kingdom and in Offence and Destruction of the Laws and Rights thereof and most grievous Damage of his People and Subversion of the State of the whole Realm against the Will of God and the good Design of the Founders of these Benefices and against the Provision Ordinance Accord Decree and Consideration aforesaid made by his Grandfather and and Council and they pray the King he would please to have regard to the Church of England to the Indemnity and Disinheriting of himself the Earls Barons Nobles and Commonalty and Ordain Remedy He by assent of the Earls Barons and Nobles and the Commonalty of his Realm Provided Ordained Accorded Decreed and Considered That as well within the Franchise of the Cinque-Ports as other-where upon the Sea Coasts and thro all the Counties of the Kingdom as well within Franchise as without open Proclamation should be made That none of what Estate or Condition soever he was be he Stranger or Denizen should from henceforward bring or cause to be brought upon grievous forfeiture to the King Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People to deliver to Arch-Bishops Bishops Abbats Priors Earls Barons or any others within the Realm and that none by virtue of such Provisions or Reservations receive Benefices of Holy Church and that none upon the forfeiture aforesaid receive or take such Letters Bulls Process or Instruments touching such Provisions and Reservations nor by reason thereof make Institution or Induction or any other manner of Execution of them and that none do or suffer to be done any other thing that may be prejudicial to the King or his People or Blemish the Rights of his Crown or the Provisions Ordinances Accords Decrees and Consideration beforesaid And also it was further agreed That diligent search should be made in all Places needful for all and every one coming into the Kingdom and that all who shall be taken by such Search or Enquest to be taken or by other Information bringing Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People and all those who by them receive any Benefices and place themselves in or be received into them And also those that by Authority of such Letters Bulls Process Reservations or Instruments shall or do make any Appeals Citations or Process against the Patrons of the Benefices or those they have Presented or any others or shall Prosecute or cause to be Prosecuted in any Court whatever where they have done or procured to be done any thing in prejudice of the King or the Earls Barons Nobles and Commonalty aforesaid or of the Provisions Ordinances Accords Decrees and Consideration and against the Proclamation and Inhibition aforesaid shall be taken and arrested by their Bodies and the Letters Bulls Process and Instruments upon such Provisions and Reservations shall be taken from them or others wherever they are to be found and sent before the King's Council with their Bodies that brought them into England Wales Ireland or the County of Chester or Prosecuted any Execution of them with the Bodies of all others that shall be taken and arrested for the cause abovesaid to take and receive what the Court shall award and that hereupon Writs to that purpose be sent thro the whole Realm According to this Agreement a Proclamation and Writs were issued but without effect for in the Parlement 1 Clause 18 Ed. III. Part 1. M. 14. Dors next year which began Eight days after Holy Trinity the Commons prayed the King 2 Rot. Parl. 18 Ed III. n. 33. That the Provisions Ordinances and Accord made in the Parlement of the 17th year of his Reign concerning the Provisions and Reservations de la Court de Rome of the Court of Rome might be confirmed and made a perpetual Statute It was also 3 Ib. n. 36. ordered That the King present to the Prebends Dignities Churches and Chappels of such as lived in his Enemies Countreys or seize them into his Hands and employ the Profits in Defence of the Land and Holy Church except so much as should maintain the Houses and provide for Divine Service 4 Ib. n. 37. and that any one who should bring any thing prejudicial to this Order from beyond Sea should be taken and carried back again And further That these Writs and Proclamation were of no effect it appears by another 5 Append. n. 99. Proclamation this year directed to the Sheriffs of London in which all these Provisions Ordinances and Agreements are recited and in which it is said further That some Provisors such as had received Benefices c. by the Pope's Provisions as well Strangers as Denizens their Proctors and Messengers not considering the said Provisions Ordinances Concords Decrees Proclamation and Inhibitions nor the Punishments contained in them had brought Letters Bulls Process Reservations and Instruments into the Kingdom prejudicial to the King and his People and had delivered them to Arch-Bishops Bishops Abbats Priors and others as well Denizens as Strangers to be Executed since and contrary to the Proclamation and Inhibition aforesaid and the Arch-Bishops Bishops and others receiving them by virtue thereof admitted and inducted very many Provisors and their Proctors or Substitutes into Benefices which they possessed to the disinheriting and intolerable prejudice of the King his Crown and People against the Form of the Provisions Concords Decrees Considerations Proclamation and Inhibitions aforesaid And you that is the Sheriffs of London have attempted somewhat against that Proclamation and Inhibition and have hitherto neglected to obey our Command therein at which we are much troubled and then he comes to the Inhibition according to the Points of the former Agreement Provision and Ordinance including all those that admitted or inducted any into Benefices according to the Pope's Bulls and Reservations under the greatest Forfeiture that could be made and concludes They should so behave themselves in the Execution of this present Proclamation and Command as he might not have cause to prosecute them as Favourers of his and the Kingdom 's Enemies Witness the King at Westminster the 30th of January in the Eighteenth year of his Reign of England and of France the Fifth By the King and the whole Council In the same manner all the Sheriffs of England received the King's Commands That they put in Execution the Proclamation in their several Counties and Shires and also Bartholomew de Burghersh Constable of Dover Castle and Keeper of the Five Ports In a Parlement holden on the 8th of September in the 20th of his Reign by Leonel his Son Guardian of England 6 Rot. Parl. 20 Ed. III. n. 30. the Commons Petition that the Alien Monks might be made to go out of England before Michaelmass next
The Bishop of Norwich his 2d Offer Accepted by the King and his Council and approved by the Commons having had time to consider of his first Profer makes a second To serve the King one Year with 2500 Men at Arms and 2500 Archers well Arrayed and Mounted for the whole Fifteenth granted by the Laity of which Number 1000 Men at Arms and 1000 Archers should be ready to pass the Sea for the Relief of Gaunt and the Country of Flanders within 20 Days after the first Payment and that he would take upon him to pay the Charge of Shipping and other Charges 5 Ibm. This Profer was accepted by the King and his Council and much approved of by the Commons This Bishop some time before had received 6 Wâ—â—s f. 291. n. 30 40. The Bishop of Norwich had Bullsfrom Pope Urban for a Croysado against the Anti-Pope Clement Bulls from Pope Vrban for a Croysado and to sign all with the Cross that would go with him into France for the Destruction of the Anti-Pope who called himself Clement and to Sanctifie the War against all his Adherents which were the 7 Knighton col 2671. n. 20 30 c. The Ladies give their Jewels Necklaces Rings c. toward this Croysado French Scots Flemings and many other Nations By virtue of these Bulls he collected a great Sum of Money besides Jewels Necklaces Rings Dishes Spoons and other Silver Implements especially of Ladies and other Women And many gave 8 Ibm. to be pardoned and absolved from their Sins beyond their Ability as it was believed to obtain the Benefit of Absolution and Pardon for their Sins For otherwise they were not absolved unless they contributed according to their Ability Many found Men at Arms others Archers and many went in their own Persons The Form of Absolution was this By Apostolic Authority to me committed 9 Append. â— 105. The Form of the Absolution I do Absolve thee A. B. from all thy Sins which thou dost with a contrite Heart confess or would confess if thou didst remember them and give thee a Full Remission of them the Retribution of the Just and do promise the Increase or Addition of eternal Salvation And I Grant to thee the same Privileges that are Granted to such as go to the Defence of the Holy Land and do impart to thee the Benefit of the Prayers and Suffrages of the Holy Catholic Church To publish this Croysado and to absolve according to this Form there were a sufficient number of Preachers sent beyond Sea and all England over besides all the Mendicant Friers to stir up the People to contribute with a Clerc to take the Names and receive Money of the Contributors not omitting Labourers Knighton Col. 2673. Toward the latter end of 1 Wals f. 298. n. 30 40. The Bishop passeth beyond Sea with his Army May the Bishop passed the Sea with his Army staid a few Days at Calais besieged Graveling and took it by Assault Dunkirk yielded without much trouble where some Flemings joining with the French and Britans to the number of 30000 came toward the Town 2 Ibm. f. 301. lin 11. Knight ut supra n. 50 60. His great Success He besieged Ypre against whom the Bishop tho' but with a small Number in respect of theirs marched out of Dunkirk and gave them Battel taking many and killing 3000 Walsingham says 12000. Afterwards he took in Cassal Dixmude Burburgh Fern Newport and Popering Then he besieged the 3 Knight ib. His Army left the Siege and revolted from him Town of Ypre a long time assaulted it often and was always repulsed and beaten off and at length without his Knowledge the Army left the Siege and Revolted from him The Battering Engines were all left behind with one great Gun called Canterbury-Gun 4 Ibm. col 2672. lin 3. cum una magna Gunna vocata Gunna Cantuariensis The Bishop followed his Army and went to Dunkirk with Sir Hugh Caverse and part of it and from thence to Gravelin Sir Thomas Trivet Sir William Elingham and others went to Burburgh with other part of the Army and fortified it 5 Ibm. n. 10 20 30. The King of France takes Burburgh The King of France comes suddenly upon them with a great Army besieged the Town assaults it and was beaten off with loss Yet within few Days they treated and yielded the Town to the King of France upon Condition to march away with Horse and Arms and all their Goods and so they did to Calais After 6 Wals f. 304. n. 50. f. 305. n. 10 20 30. and Gravelin Burburgh was taken the French Army marched before Graveling and summoned the Bishop to yield the Town The French offered him 15000 Marks to quit the Town with liberty to demolish it and to depart and go whither he would and all with him with all their Goods He desired Time to consider of the Terms and appointed a Day to give his Answer and in the meant time sent to England for Relief which not coming at or before that Day he accepted the Terms levelled the Town to the ground and came for England after Michaelmas And thus ended the Croysado or the Pontifical War Before the Return of the Bishop of Norwich Writs Dated the 20th of August had been 7 Claus 7 Ric. II. M. 37. Dors A. D. 1384. A Parlement called The Reasons of calling it given in the Writ of Summons sent forth for a Parlement to meet on Monday before All-Saints In which Writs notice was given That by Advice and Assent of the Council the Parlement was called for their Mediation and Assistance in a Treaty of Peace to be had then between the King his Kingdom Dominions and Subjects on the one part and Robert King of Scotland his Lands Dominions and Subjects on the other part and for other Difficult and Urgent Business which concerned him the State and Defence of the Kingdom and Church of England Sir Michael de laPole then Chancellor 8 Rot. Parl. 2 Ric. II n. 3. The same and other Causes of Summons declared by the Chancellor shewed the Causes of Parlement to be for that the Truce with the Scots was to end at Candlemas next and whereas the Duke of Lancaster had been sent to renew it he was returned and brought back That the Scots would send Commissioners to London to manage the Treaty about it Another Cause was 9 Ib. n. 4 5 to provide against Three Powerful Enemies Spain France and lately Flanders And here he offered several Reasons to prove it was better for us to begin and make War upon them than they upon us or suffer them to invade us Further shewing That these Wars were not to be imputed to the King seeing that with the Crown they descended to him And the last Cause was 1 Ib. n. 6. for the Maintenance of good Laws and Security of the Peace when he put them in mind of
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
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 True Pope and as so and Head of Holy Church ought to be Accepted and Obeyed And to this all the Prelates Lords and Commons Agreed The next Year the People 3 Stat. at Large 3 Ric. II. c. 3. Complained and Petitioned shewing That Cathedral and Collegiate Churches Abbeys and Priories and other Benefices of the Kingdom were filled with Men of another Language and of strange Lands and Nations and sometimes Enemies of the King and Kingdom which never made Residence in the same or perform'd the Charge thereof Whereupon the King by Advice and Common Assent of all the Lords Temporal Ordained That none of his Liege People of what Condition soever they were should take or receive any Procuracy Letter of Attorney Farm or other Administration by Indenture or in any other manner of any Benefice within England but only of the King's Subjects without his special Licence by Advice of his Council nor send out of the Kingdom any Gold Silver or other Treasure or Commodity by Bill of Exchange Merchandise or any other manner And those that did the contrary to incur the Pain and Punishment contained in the Statute of Provisors This Prohibition upon Complaint and Petition of the Commons by Assent of the King and Lords Temporal proved ineffectual for the End intended and therefore it was reinforced And it was agreed by the King in his 7th Year the Lords Temporal and Commons that the same 4 Ib 7 Ric. II. c. 12 Roi. Paâ—l 7 Ric. n. II. 49. Statutes shall keep his Force and Effects in all Points and that all Aliens that have purchased or shall purchase any Benefice Dignity or Thing of Holy Church and in his Proper Person take Possession of the same or use it himself within the Kingdom to his own Benefit or of any other without special Licence of the King shall be comprised in the same Statute But this Reinforcement had not its due Effect 5 Ibm. 12 Ric. II. c. 15. and therefore it was Ordained and Assented That no Liege-man of the King of what Estate or Condition that he be great or little should pass over the Sea or send out of the Realm of England without special Leave of the King himself to provide or purchase for himself Benefice of Holy Church with Cure or without Cure And if any do and by virtue of such Provision accept by him or any other any Benefice of the same Kingdom that at that time the same Provisor shall be out of the King's Protection and the same Benefice void so that it should be lawful to the Patron as well Spiritual as Temporal to present to the same an able Clerc at his Pleasure Nor could this hinder Provisions Gifts and Sale of Benefices of all sorts by the Pope for in the 6 Ibm. 2d Statute made 13 Ric. II. c. 2. Rot. Parl. n. 32. next Year the Commons require the King the Statute of Provisors made in the 25th of Edward I. might be recited in Parlement and then it was Ordained and Established That if any make Acceptation of any Benefice of Holy Church contrary to that Statute and duly proved and be beyond Sea he should abide Exiled and Banished out of the Realm for ever and his Lands and Tenements Goods and Chattels forfeit to the King And if he be within the Kingdom he should be also Exiled and Banished and incur the same Forfeiture and avoid the Realm within six Weeks next after such Acceptation And if any one receive such Person after that six Weeks he shall be Banished and incur the same Forfeiture And it was then also 7 Ib. c. 3. Rot. Parl. n. 44. Ordained and Established That if any Man brought or sent within the Kingdom or the King's Power any Summons Sentence or Excommunication against any Person of what Condition that he be for the cause of making Motion Assent or Execution of the Statute of Provisors as above he should be Taken Arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and moreover incur the Pain of Life and Member And if any Prelate make Execution of such Summons Sentences or Excommunications That his Temporalties be taken and abide in the King's hands till due Redress and Correction be thereof made And if any Person of less Estate than a Prelate of what Condition that he be make such Execution he should be Taken Arrested and put in Prison and make Fine and Ransom by Discretion of the King's Council Notwithstanding this Care and these Laws made against the Pope's Practices in this Kingdom 8 Ibm. 16. Ric. II. c. 5. Rot. Parl. n. 20. the Commons in the Parlement in the 16th of this King shewed unto him grievously Complaining That forasmuch as he and all his Liege People ought of Right and of old time were wont to Sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to which they have Right to Present the Conisance of Plea of which Presentment belongeth only to the King's Court of the old Right of his Crown used in the time of his Progenitors Kings of England and when Judgment was given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual Persons which had Institution of such Benefices within their Jurisdictions were bound and had made Execution of such Judgments by the King 's Commands all the time aforesaid without interruption for no Lay Person could make such Execution and also were bound of Right to make Execution of many other of the King's Commands of which Right the Crown of England hath been peaceably seized until this Day But now of late divers Processes have been made by the Bishops of Rome and Censures of Excommunication upon certain Bishops of England because they had made Execution of such Commands to the open Disherison of the Crown and Destruction of the King his Laws and all his Kingdom if Remedy be not provided 9 Ibm. They further Complain of the Pope's Translation of Bishops from Bishoprick to Bishoprick and sending some out of the Kingdom who were fit to be of the King's Council and able to give him Advice without his Assent and against his Will 1 Ibm. So that the Crown of England which hath been so free at all times That it hath been in Subjection to no * So the Words in the Parlement-Roll 16 Ric. II. n. 20. Earhtly Sovereign but immediately Subject to God and to none other in all things touching the Regaly or Royalty of the Crown should be submitted to the Bishop of Rome and the Laws and Statutes of this Realm by him defeated and destroyed at his Will in perpetual Destruction of the King his Crown and Regaly and all his Realm which God forbid Wherefore they 2 Ibm. declare That they and all the Liege Commons of the Kingdom would be with the King his Crown and