her Lands in that Kingdom had also been seized on From which Sr Roger Mortimer Lord of Wigmore who having been clap'd into the Tower for Treason had made his escape into France as he was a most Politick and Vindicative Person took occasion to insinuate himself into the Queens Favour and by pretending to take her part against the Spencers the great Favourites of her Husband whom she extreamly hated involved her before she was aware into a Rebellion from which she could never extricate her self till she had ruin'd the King her Husband It is no way pleasant to me to relate the whole progress of that execrable Treason nor how the King of France being warned by King Edward durst not entertain any longer within his Dominions the Queen his Sister with this her Son Edward so that she was forced to flee to strangers for succour who being won by her charming tears adventur'd thô but a Few into this Kingdom where quickly encreasing their Numbers by a rash defection of the Giddy multitude they proceeded to the utmost Violations of Faith and Honour In short the old King at last was violently and illegally Depos'd and imprison'd thô with promise of security to himself AN. DOM. 1325. and the allowance of an Honourable Pension during life And our young Edward his eldest Son thô he could never be x Walsing hâ—st p 105. Hâ—â—â—nshead p 881. perswaded even to a Crown till he was made to believe his Father had desired it being at last won by the sight of his Father's seeming-voluntary Resignation which yet was extorted by fraudulent Promises and severe menaces took upon him the Crown and Government of this Kingdom III. Before this while the Realm was yet unsetled and the old King lay as then conceal'd in Wales y Sandford p. 158. He was by an Usurped Authority in an Assembly z Speed p. 564. Ashmole p. 644. of Lords met at Hereford the Queen and Sr Roger Mortimer being present made Custos or Lord Warden of the Kingdom by a common Decree bearing date the 20 of October whereupon all the Lords made him Homage and took an Oath of Allegiance to be Loyal to him as Lord Warden of England And on the twenty sixth of November following the Great Seal sent from the King his Father was deliver'd unto him at Martley Whereupon a a Walsingh hist p. 106. Sr The. de la Mere p. 8. l. 41. Parliament was summon'd to meet at Westminster about the Feast of Epiphany being called indeed in the old King's Name but the Briefs of Citation were signed by the Prince as Lord Warden of England In this Parliament thus called by his own Authority was the old King illegally depos'd when they had extorted his own consent to it by fair and foul means making so the young Prince believe that his Father had freely and willingly resign'd the Government of which matter we shall speak more largely when we come to relate the Murther of the said King Edward the Second But because many of our Historians lay some imputation upon the Name of King Edward the Third as if he was not wholly innocent of these Proceedings against his Father we are to consider the tenderness of his Age he being not then fourteen years old whereby he might very easily be impos'd upon by the treacherous subtlety of Mortimer and his Complices who were always about him also we should cast our eyes upon the severity he shew'd this same Mortimer when he understood the whole Treason nor is it a small sign of his innocence as to this point that he himself lived long and Reigned happily being blest with many Dutifull Children and that no other circumstance of his whole life can furnish us with any thing from whence we may suspect that he could be capable of so black and unnatural a Treason However b Ashmole p. 644 now the old King having resign'd the Crown great Preparations were made for this young Prince's Coronation he being on the 25 of January or the Conversion of St Paul and a c Lit. Dom. D. Sunday proclaimed King of England by Order and Consent of Parliament and Proclamations d Dugd. Warw. p. 165. a. were issued out in his Name declaring to the People that his Father the late King had made a Voluntary and free Resignation of his Regal Dignity to him as being his Eldest Son. And a week after by the direction of those who were Contrivers of this Revolution he was advis'd to Publish his Peace to the whole Kingdom which was done in these words Edward e Walsingh hist p. 105. Speed p. 565. Claus 1. Ed. 3. p. 1. m. 28. by the grace of God King of England Lord of Ireland and Duke of Aquitain to N. Sheriff of S. Greeting Whereas the Lord Edward our Father late King of England by Common Council and Assent of the Prelates Earls Barons and other Lords as well as that of the whole Commonalty of the Realm did voluntarily resign the Government thereof willing and granting that We as his Eldest Son and Heir should take upon Us the Rule and Government of the Kingdom And We by the consent and advice of the Prelates Earls and Barons aforesaid yeelding herein to our Fathers good Pleasure have taken upon Us the Government of the said Realm and received as the manner is the Fealties and Homages of the said Prelates and Barons Desiring therefore that our Peace should be inviolably kept to the quiet and benefit of our Liege People We will and command that presently upon sight of these Presents you cause our Peace to be Proclaim'd thrô all your Bailywick charging all and every one in our Name under pain and peril of Disherison and loss of life and limb not to presume to infringe or violate our said Peace but every one to prosecute his Actions and Causes without any outrage whatsoever according to the laws and customs of our Kingdom For We are ready and ever shall be to exhibit and afford to all and singular Plaintiffs as well poor as rich full Justice in our Courts according to due Course of Law. Witness Our Self at Westminster l mo Februarii Annóque Regni nostri Primo On the f Sandford p. 158. H. Knighten p. 2550. Pat. 1. Ed. 3. p. 2. n. 13. same day being Sunday and the Vigil of the Purification was the young King by the hands of his Cozen Henry Earl of Lancaster first girded with the Sword of Knighthood at which time the King himself Knighted many others among whom were three g Sandford p. 109. Catal. Hono p. 575. Dagd 1. Vol. p. 145. 147. Sons of the Lord Mortimer That day he was Crowned at Westminster by the hands of h Ashmole calls him William by mistake vid. Godw. Catal. Bps. c. Walter Reginald Archbishop of Canterbury and thereupon as an Earnest of the many Advantages his People were to reap from his prosperous Reign a General Pardon
exclude a Man from impugning an Act by reason of his Minority in years Of whom some moved perhaps by too free favour to prevent and provide against the Grievances of Minors do then only admit of this Authenticall when full Puberty to wit the Age of XVIII Years is accomplished That the Written Rigour to the cruel undoing of Minors may so proceed that it shall rather fall than rise But here it was not sworn in that manner or by such a Person the Minor being within the Compass and Course of that time Yea the Truth is That no Oath was made at all Thus were the several Causes of the two Kings set forth and maintain'd by Law and Argument but 't is seldom heard that ever a Crown was won by pleading the sword being too Powerfull for the Law and Prejudice more prevalent than Justice or Reason Wherefore now we hasten to the second Argument which was to be discussed in the Field but as yet the two Main Disputants were not matched together However a Frois c. 252. f. 153. first of all the Duke of Guelders and the Duke of Juliers who were perfectly English in Heart as well as in Blood took it in extream Indignation that the French King had sent a Defiance to so Mighty a Prince as King Edward by the Hands of a mean Valet horribly in their minds blaming both him and his Council for putting so unworthy an Affront on so Honourable a Monarch For said they the War between two such Potent Kings ought surely to have been published and denounced by Persons of the best Rank and Quality as Prelates either Bishops or Abbots or some Noble Baron or Valiant Knight at least and not by a simple Valet as the French King had most insolently and presumptuously done Wherefore they vow'd forthwith to send and defie the French King resolving shortly after to invade France with Fire and Sword and there to leave such Marks of their Resentment as should be legible for more than 20 Years following Althô this their Resolution was disappointed by the Celerity of the French King For hereupon the Earl of St. Paul being order'd to joyn with the Duke of Brabant went against these two Dukes of Juliers and Guelders Toward the Declining of this Year b Mezeray p. 83. the two Parties met together in a place called Baeswilder between the Rhine and the Meuse where after a Bloody Fight on the one side the Duke of Juliers was slain and on the other the Duke of Brabant taken Prisoner but soon after by the Emperours means he was deliver'd and so this Matter was ended CHAPTER the SIXTH The CONTENTS I. The Duke of Burgundy Marries the Earl of Flanders his Daughter II. King Edward renews Friendship with the King of Navarre III. Sr. Eustace Dambreticourt sent by the Prince of Wales to Montauban IV. The French lay Siege to Ardres but rise in Despair V. Realville taken by the French The English make fierce War in the Lands of the Rebel Lords of Gascogne VI. Sr. Thomas Wake maintains his Post La Roche de Pozay taken by the French the Lord of Chauvigney falls off to the French and the Lord of Rochechoüart imprison'd upon suspicion VII The Lord James Audley makes havock in the Lord of Chauvigney's Lands VIII Sr. Robert Knolles sent forth by the Prince upon an Expedition brings over Sr. Perdiccas of Albret and 300 Companions to his side and lays Siege to Durmel where he is joyn'd by the Lord Chandos and others from Montauban by whom Moissac was taken in their way IX The English rise from before Durmel and sit down before Domme but get nothing there however they take Gavaches Foines Roquemadour and Villefranche X. The Earl of Cambridge takes Bourdeilles after a long Siege by stratagem XI The Lord Chandos returns to the Prince having settled Affairs XII The English Companions take Bellepeche and therein the Duke of Bourbon's Mother XIII King Charles preparing to invade England King Edward sets himself in a posture to receive him XIV And sends over the Duke of Lancaster with an Army to Calais XV. The English take the Castle of La Roche Sur Yon. XVI The Lord James Audley Seneschal of Aquitaine returning into England is succeeded by the Lord John Chandos XVII The Vicount of Rochechoüart being released from Prison revolts from the Prince and defies him XVIII John Duke of Lancaster makes great havock in Ponthieu at which News King Charles leaves off his Design of invading England and sends the Duke of Burgundy against him with a Mighty Army XIX The Duke of Lancaster goes forth to meet him and encamps at Tournehan The two Armies confront one another for many days XX. The Lord Chandos intending an Expedition desires the Earl of Pembroke's Company but is deny'd however he goes forth and does what he pleases in Anjou Touraine and the Lands of the Vicount of Rochechoüart and on Prospect of a great Advantage over the French sends again to the Earl of Pembroke to come and joyn him but is again deny'd Whereupon the Lord Chandos desisted for that time XXI The Earl of Pembroke deals severely in Anjou and Touraine and the Lands of the Vicount of Rochechoüart but being surpris'd by the French at Puirenon loses many Men and is besieged in a Church-yard whence he sends to the Lord Chandos for Succour and being hotly assaulted the next day sends again XXII The Lord Chandos hardly at last resolves to help him but upon News of his approach the Frenchmen retire XXIII The Death of Philippa Queen of England her Tomb Epitaph and Praise XXIV The Lord Robert of Namur's Quarters beaten up by the French but he beats them back XXV A story of the Earl of Warwick exploded XXVI The Frenchmen break up and march off in the Night whereupon the Duke of Lancaster returns to Calais to refresh his Men. XXVII The Earl of Pembroke makes another Expedition into Anjou and takes Pont de Cè St. Maure and other places XXVIII The Duke of Lancaster's March thrô Picardy into Normandy with Design to burn the French Fleet. But the Earl of St. Paul being got into Harfleur with 200 Spears saves the Town and prevents their Design XXIX Sr. Nicolas Lovaine takes the Lord Hugh de Chastillon Master of the Crossbows of France XXX The Duke of Lancaster returns to Calais The Earl of Warwick dies XXXI The Duke of Lancaster returns into England and finds himself a Widdower The Death of the Earl of Suffolk and of the Bishop of Excester XXXII The French King raises a Tax I. WE spake before how King Edward labour'd earnestly about Five Years ago to make up a Match between the Daughter of the Earl of Flanders who was Dowager to the last Young Duke of Burgundy a Mezeray p. 78. and the most Wealthy Heiress in all Christendom and a Son of his named Edmund Earl of Cambridge all the particular Negotiations of which intended Match are both too long and
was entituled Robert of Artois Earl of Beaumont le Roger Peer of France Lord of Conches Damfront and Mehun And as his Blood was Illustrious his Courage was undaunted and his Spirit unable to brook an Injury Now in process of time it happen'd c Gaguin Graston p. 229. c. that in a Plea of some High Concern for Lands between this Sr. Robert and his Aunt the Lady Mathilda Countess of Artois he had judgement awarded by the Court against him whether because of Letters that Sr. Robert was said to have counterfeited or for Respect to the Lady who was a Widdow or out of Envy to him who was the King's sole Favourite or thrô neglect and inadvertency or for any other cause Just or Unjust however the proceeding so much â—ncensed Sr. Robert that he could not forbear to utter in the hearing of many these High Words By me was Philip Crown'd and by me shall he be discrown'd again These rash Words had surely cost him his Head could Philip have taken him in his anger But he had wisely voided his Dominions and cast himself upon his Nephew John Earl of Namur The mean while King Philip had caused his Lady thô so near related to himself with her two Sons the Lords John and Charles to be apprehended and flung into close Prison d Graften p. 267. in the Castle of Gastenois whence he sware they should never return while they lived whatsoever he should be advised to the contrary Nor content with this he sends to the e Frois c. 2â— Bishop of Liege desiring him effectually that he would for his sake defie and make War against the said Earl of Namur unless he would deliver up Sr. Robert of Artois or expell him his Country All this the Bishop did accordingly he was so addicted to the Crown of France and thereupon the Earl was forced thô unwillingly to send Sr. Robert away Who went thence directly to his Cozen the Duke of Brabant by whom he was entertain'd with much friendship and generosity The enraged King upon knowledge hereof sends the Duke word that if he continued any longer to foster or entertain this his Enemy in any part of his Countrey he with all the Realm of France his Friends and Allies would thenceforth commence an everlasting Quarrel against him The Duke upon this Menace privately conveys this his Friend to a strong Fortress of his expecting the Issue of King Philip's Intentions But this angry Prince had so well studied his Revenge that by his Spies he was acquainted with this Finess of the Duke's Whereupon taking it very heinously to be thus impos'd on by his great Importunity seconded with round Sums of Money he engaged John of Luxemburgh King of Bohemia thô he was Cozen German to the Duke of Brabant the Bishop of Liege aforesaid the Archbishop of Colen the Earl of Gueldre the Marquis of Gulick or Juliers the Earl of Bar the Lords of Ros and Fanquemont or Valkenburgh as the Germains with several others all at one time to concurr in a common Defiance against the Duke of Brabant And accordingly all these having joyn'd the Earl of Ewe Constable of France who led a considerable Army himself defi'd the Duke of Brabant and entring his Country by the way of Esdan or Sedain on the Meuse came to Antwerp at that time the chief City of Brabant and twice over-ran the Country where they pleased with Fire and Sword. Hereupon William Earl of Heinalt out of kindness to the Duke his Kinsman sent his own Lady Joan de Valois who was King Philip's Sister together with his Brother John Lord Beaumont of Heinalt into France to entreat for Peace and to obtain a present respit from War for the Duke of Brabant At last thô not without much ado King Philip was wrought upon to vouchsafe him a Peace upon these Conditions That the Duke of Brabant should cast himself upon the favour of the Court of France and of the Kings Council of them to abide the Censure and also without fail by such a certain time absolutely to banish out of his Territories the said Robert Earl of Artois The Lord Robert being thus eagerly prosecuted from one Country to another and wholly driven to despair at last resolves to fling himself upon the more powerfull Protection of the King of England and from this time sets himself with full Bent against his own Country So dangerously impolitick is it for a Prince to declare himself irreconcilable to any Great Man before he has him in his Power For here he kindled such a Fire as the blood of more than an hundred thousand Frenchmen could not extinguish He came into England disguised like a Merchant his Stuff and Riches being all convey'd hither before about the time that King Edward held his Parliament at f Dugd. 1 Vol. p. 645. York in order to his Affairs relating to Scotland The King knew him well for g Graften p. 207 Polydor. l. 19. p. 364. both he and his Mother had formerly received much kindness at his Hands when they were persecuted by the Spencers and beside as we have shewn he was of Kin to the King by the Mother wherefore readily apprehending of what great use such a Man might prove to his future Attempts he immediately made him of his Council and assign'd him the h Frois c. 26. Speed p. 570. §. 37. Profits of the Earldom of Richmond till he should provide some other Settlement for him But of him we shall speak more anon II. King Edward before the sitting of this Parliament had upon Occasion of the foremention'd Rumours from the North sent l Ashmole p. 645. ex Rot. Pat. 6. Ed. 3. p. 3. m. 3.14 Dec. Ralph Lord Basset of Drayton and Sr. William Denham his Ambassadors to King David his Brother in Law demanding present Restitution of the Town of Barwick which his Grandfather Edward the First had held in peaceable Possession and also to summon him to come into England to render Homage unto him as Superior Lord for that his Kingdom of Scotland To which Message King David by advice of his Council return'd thus k Frois ibid. Lords it is no small wonder to Us and to all our Barons that the King your Master our Good Brother in Law should send us such a Message as here you bring us For it could never appear to us that the Realm of Scotland was of old bound or subject to England either to yield Homage or any other Service thereto Wherefore neither would the King our Father of famous Memory ever own any such thing for all the Wars that were made against him by your King's Father or Grandfather The steps of our Father we Our selves God willing intend to follow in all that is Just and Honorable even thô thereby we hazard both our Life and Kingdom As for Barwick it was l Vid. John Harding c. 172. and Speed p. 559. § 34. fairly won
that of the Wise Man g g Ecclus c. 11. v. 5. Many Tyrants have sat on the Throne and a Man unthought on hath wore the Diadem The Sword being thus in the Hands of Madmen not thrô any proud Arrogance or Disobedience but by wisely * * Currenti cedende Furori yielding to the Course of Fury we have hitherto defer'd our Access to You that just Fear excusing us which might fall upon the most Resolute being notwithstanding ready to obey your Majesty in all things the Honour of God and of Holy Church and of our own State and Order being always in all points preserved But truly in the mean while during the Power of these Tyrants to the rooting out whereof let Him that ariseth from on high vouchsafe to assist You that the word of the Wise Man may be fulfilled h h Wisd c. 16. v. 4. For it was requisite that upon them exercising Tyranny should come Penury which they could not avoid Lest the clamour of our Infamy should grow higher to the manifesting of our Innocence we answer to the Articles contained in those Letters or infamous Libels not sophistically but truly in form following viz. For the Beginning of your foresaid Letters The Archbishops Answer to the first Article or of the foresaid infamous Libell being full of Reproach containeth That your Majesty being formerly exalted to the Royal Throne in the Years of your tender Youth and desiring at your first Vndertaking that Princely Charge to be directed by wholesom Counsel did make use of our Spiritual Advice in matters concerning the Health of your Soul and also of our Temporal in Affairs relating to the Augmentation and Conservation of your Kingdom And that afterwards when by Right of Succession the Realm of France was devolved unto You and by the Lord Philip of Valois de facto manifestly usurped we perswaded You by our Importunities to make a League with the Lords of Almain and Others for the Recovery of your Right and that You should only take care to provide Men of Courage and Skill sufficient for the War because we would effectually supply you with Monies for the Necessities of You and Yours and for Wages for the Army And because You altogether wanted this due Assistance you were fain to submit to the heavy burthen of Vsury To these things most Excellent Prince even thô we hold our Tongues and speak not a word the notoriety of the Fact knows how to give a fit Answer For in the beginning of your Reign while we presided over the Church of Winchester by whose Counsel your Majesty was directed is known to the whole Kingdom For He who is ignorant of nothing knows that when the Question about the Kingdom of France after the Death of King Charles the Brother of your Serene Mother i i Vid. l. 1. c. 2. §. 2. p. 28. was handled and discussed in the Parliament then held at Northampton and it was thereupon ordained that the Bishops of Worcester then now of Winchester and of Coventry and Litchfield should go into France and in your Name claim that Kingdom and as much as in them lay hinder the Coronation of the said Philip of Valois who according to this Ordinance taking then upon them the Legation enjoyned them went into France which very Embassy gave the greatest Occasion of this present War we had at that time no concern in the Government of You or of your Youth as others had who directed You both in Spirituals and Temporals because neither as then did we any ways intermeddle in the Kings Business but remained at Court for what cause God knows hated by all the Courtiers But afterwards in times of Unity since it pleased Your Majesty that We also together with others of Your Council should confer about Your Affairs toward the Establishing of Peace between the two Realms of England and of France considering the Perils of Souls Bodies and Goods that were impending from the Devouring Gulf of War We labour'd with all Our Power and to that end frequently crossing the Sea not without many Dangers Toyls and vast Expences We together with other Prelates and divers Peers of Your Realm have sought the Personal Presence of the said Philip and have effectually offer'd him We say not Measure sufficient enough but even running over as before this it hath been known for the obtaining of Peace But the said Philip like the Deaf Adder stopping his Ears and not willing to hearken unto Us there were sent unto him on Your Part two Spiritual Ambassadors to wit the Bishop of Durham and of Worcester then now of Winchester for the obtaining of his Peace And another time the Lords Henry of blessed Memory Bishop of Lincoln and William Mountagu and William Clinton now Earls of Salisbury and of Huntingdon who yet could neither obtain Peace nor any delay from War But while the said Ambassadors were yet in the Parts beyond Sea the the said Philip of Valois presently sent divers Commissions to all his Maritime Coasts to kill and destroy the Men and Ships of England wheresoever they could be found at Sea and with all Expedition sent an Armed Band to Invade your Country of Gascoign And so the War being begun by the said Philip and not by Us according to the deliberation of Your Parliament at Westminster Summon'd on that Occasion and not on Our Account only but on the Account of the great Cruelty and Obstinacy of the Haughty Mind of the said Philip who Invaded the English and refus'd all manner of Agreement and for the obtaining of Your Right in the Realm of France which was wickedly Usurped by the said Philip it was Ordained and Agreed that an Alliance should be struck up with the Almains and others But as for the Wages in this part to be paid to Your Forces in a certain Council then for that end called at Stamford there were certain Agreements made with certain Merchants of Your Land We being present the Form whereof may plainly appear in Your Chancery Which if they had been observed together with other Subsidies given by the Clergy and People to the Aid of Your War and the great Customs of Woolls not only in our Opinion but in the Judgement of all Your Counsellours would have sufficed for this whole War. And Your Majesty well knows that the foresaid Agreements were neither Violated nor Changed by Us and that the Subsidies by no means came to our Hands If then any Misfortune happen'd for want of Money for which We are sorry this is to be wholly imputed to those who brake the said Agreements and wickedly wasted and embesel'd the said Subsidies and not to Us who bore the Burthen and Heat of the Day and especially for this Cause that after Your first Crossing the Seas We have made no long abode in this Kingdom But with the Reverend Fathers the Lords Cardinals and the Bishop of Durham We went into France for the Reformation of the
receive the Discourses and Letters of Kings respectfully and graciously yet Our Excusatory Letters containing as in due place and time We intend fully to prove true and just Matter he intitles Detestable Scandalous Libells putting a false blot upon Our Name Because if any One that hath the Custody of a Common Weal is ready to prove those Crimes that are committed to writing if truth corroborate his Assertions he is vindicated from the Scandal of Libelling and is thereby accounted Praise-Worthy He also not observing the manner of his Predecessors who used to Honour and Love their Princes and cause y y 1 Tim. c. 2. v. 1. Supplications Prayers Intercessions and giving of Thanks to be made by themselves and others for them and to teach them in the Spirit of Meekness begins the Web of Faction and perverse Contention against Us and Our Servants in the Spirit of Pride z z Psalm 128. v. 3. making long his Iniquity and seeking which is the Comfort of Wretches more Companions in his punishment And which is worse by his Lying Words he wickedly endeavours to precipitate into a Disrespect and Contempt of Us his Suffragans and other Our Devout and Loyal Subjects And althô with God not the Heighth of a Mans Degree but the Passing of a Good Life gains approbation this Man Glorying in the Loftiness of his Condition requires unto himself as unto the Ambassador of Christ that Reverence which being due from Him unto Us He doth not pay Nay when both He and other Prelates of the Realm who receive the Temporals of their Churches from Us by their Oath of Allegiance do owe unto Us Faith Honour and Reverence He only is not asham'd to render unto Us instead of Faith Treachery in lieu of Honour Reproach and for Reverence Contempt Wherefore althô We are ready and always have been to respect as is meet Our Spiritual Fathers yet as for their Offences which We see to abound to the Hazard of Us and of Our Kingdom We ought not to pass them over slightly But the said Archbishop complains that certain Crimes were in Our said Excusatory Letters objected against him thô absent unheard and without Defence and that he was condemn'd of Capital Matters as if We as He foolishly pretends had to the utmost proceeded criminally against him which is not true When We only supply'd the place of an Excuse being compell'd of Necessity lest We should seem to neglect Our own Reputation But let this Cavilling Reprover see if this complaint may not justly be retorted upon his own Head who falsely and maliciously in positive Words describes Us his King and Our Counsellors thô absent unhear'd and without Defence as Oppressors and Transgressors of the Laws altogether When as He is justly blamed who incurrs the Fault which he himself Reproves and a a Rom. c. 2. v. 1. wherein he judgeth another he condemneth himself while he himself is found reproveable in the same thing Moreover althô he studied to serve not Our Interest but his own Covetousness yet he upbraids and boasts that he hath labour'd so Mightily in the Kings Affairs to use his own Words that thereby he feared how he had manifoldly incurred the heavy displeasure both of God and Man And this he might justly fear since he may be reckon'd among that sort of Men who according to the Prophetical taunt b b Jer. c. 9. v. 5. have taught their tongues to speak lies and weary themselves to commit Iniquity But as to certain other false and specious Words contained in the Letters of the said Archbishop thô We might confute them with Reasons more clear than the Light yet lest We should protract Discourse We thought fit for the present not to answer them because it is not decent to strive with a contentious Man nor agree with him in perverseness But We command You. firmly in the Faith and Love wherein You are bound unto Us enjoyning You that notwithstanding any Mandate of the said Archbishop to which in derogation of the Royal Honour against Your Oath of Allegiance made unto Us You ought not to obey You forthwith proceed to the Publication of those things which in Our foresaid Excusatory Letters are contained according to their Order And because We are and ought to be extreamly jealous concerning the maintenance of Our Rights and Prerogatives Royal which the Worthily remembred Supremacy of Our Progenitors Kings of England hath Gloriously defended and because the said Archbishop to stir up the Clergy and People against Us and to hinder the Carrying on of Our War which by his Counsel principally We undertook hath caused and commanded by others to be done and Published certain Denunciations and Publications of Sentences of Excommunication and Monitions Injurious and prejudicial to Our Crown and Dignity Royal since thereby he endeavours in sundry Articles to take away from Us the Jurisdiction notoriously to Us belonging and whereof We being a King Anointed are known to be capable and which both We and Our Progenitors the Popes Prelates and Clergy of Our Kingdom both knowing and allowing have peaceably enjoy'd time out of Mind to the Hurt of Our Majesty Royal and the manifest derogation of Our Rights and Kingly Prerogatives We therefore strictly and upon your Peril forbid You that neither by your selves nor by others you make nor as much as in you lies by others suffer to be made any such undue Publications Denuntiations or Monitions Prejudicial and Derogatory to Our Rights and Prerogatives Royal or any thing else whereby Our Liege Subjects may be stirred up against Us or the Carrying on of Our War may be any way hindred to the Subversion of Us and of Our Liege People which God forbid at the Command of the Archbishop or any other whatsoever And if any thing in this kind hath by You been attempted that forthwith You Repeal it Witness Our Self at the Tower of London the 31 of March in the Year of Our Reign of England the 15 and of France 2. This truly Royal Command of the Kings being obey'd by all the Bishops of the Province of Canterbury the King resolved to maintain the Rights of his Crown and Summons a Parliament to which also the Archbishop is called c Antiqu. Brit. p. 235. n. 55. the Kings Royal Protection being Granted him that he might safely come thither XI On the d Pascha 8 April Lit. Dom. G. Ninth of April being Easter e M. S. Rot. Parl. p. 40. c. Exact Abridgement by Sr Rob. Cotton p. 31. Monday King Edward held his High Court of Parliament at Westminster the Causes whereof were declared to be how the King might be speedily supply'd with the Grants yielded unto him last Year upon his passing in Person against his Enemy Philip of Valois who had taken away part of the Dutchy of Guienne much part of which Grant was kept from the King by Evil Officers Also secondly how more plenty of Money might be raised and
Mans nor for none other Cause and in case any Letters come to You contrary to the Law that Ye do nothing by such Letters but certifie the King thereof and go forth to do the Law notwithstanding the same Letters And that Ye shall do and procure the Profit of the King and of his Crown with all things where Ye may reasonably do the same And in case Ye be from henceforth found in Default in any of the points aforesaid Ye shall be at the Kings Will of Body Lands and Goods thereof to be done as shall please him As God You help and all his Saints A like form mutatis mutandic was set for the Clerks of the Chancery for which we refer the Reader to the Statute-Book Where also he will find an excellent Statute made 7 Maii Anâ— Reg. Angl. 20. Fr. 7. which is to be refer'd hither Now also the King hearing e Holinshead Eng. Chr. p. 929. Complaints made against the Purveyors of Victuals for his Houshold who under Colour of their Commissions abused the same in taking up whatever they pleased among the Commons at the rate only set in their Commission he caused strict Inquisition to be made of these Misdemeanours and those who were found Offenders in the Premises of which there were many all condemned some to the Gallows and other to Great-Fines whereby the Groans of the Commons ceased and other of the Kings Officers were made more Wary and Discreet Having thus provided for the settlement of Justice during his Absence he f Frois c. 121. left his Queen to the Care of his Cousin John Plantagenet the Young Earl of Kent his Second Son Prince Lionel of Antwerp he g Dugd. Bar. 2 Vol. p. 167. ex Rot. c. constituted his Lieutenant of the Realm appointing the Archbishop of Canterbury and others of his Council to assist him And to Watch the Motions of Scotland b Holinshead Engl. Chron. p. 929. he left the Lord Henry Percy the Lord Ralph Nevil of Raby together with the Archbishop of York the Bishop of Durham the Bishop of Lincoln and the Chief Lords of the North But he gave an especial Charge to Sr. Geoffry Witchingham Lord Mayor of London and to John Croyden and William Clopton Sheriffs to take diligent Care of the Peaceable and Quiet Government of the City and particularly he i 20 Ed. 3. p. 1. m. 18. 26. commanded them to look after the Spreaders of False News in and about the City and to apprehend all such Persons and lay them up in the Prison of Newgate II. And having thus providently settled Affairs at home k 6 Maii Claus 20. Ed. 3. p. 1. m. 11. dersc vid. Rot. Franc. 20. Ed. 34. 2. m. 2. and sent to the Prior of the Order of Fryers Preachers in London to offer up Prayers that God would please to Protect and Defend him and give his Forces Victory over his Enemies he repaired to his Army which was now ready to go on board And there he spake aloud to all his Captains and Officers which was also communicated to the whole Army l Giov. Villani l. 12. c. 62. p. 872 That he had more Right to the Realm of France upon the account of Queen Isabella his Mother Daughter of Philip the Fair than Philip of Valois had who was Son of the Lord Charles Second Brother which was of the said Philip the Fair who now usurped the said Realm thô he was not in the direct Line but collateral He therefore earnestly desired them to play the Men forasmuch as it was his Resolution to send back his Navy again as soon as ever he was Arrived in the Realm of France Wherefore it behoved them to be Valiant and either to Win the Land with their Swords or resolve to die every Man for they would have no place to flye But that if any one was in doubt or fear to pass the Seas with him he might ev'n stay in England with his good leave To this they all answer'd as it were with one Voice That they would follow him as their Good and Dear Lord with a good Will even to the Death Then the King seeing his Men well disposed to the War deliver'd his Letters close Sealed to the Admirals of his Fleet least it should happen that by force of Wind they should be separated from the Rest in which letters was contained where he would have them Land and commanded them unless they were divided by Storm not to open them till they came to Land. And so he went on board in the Name of God and St. George at m Frois c. 221. Southampton in the close of June with a Fleet of n Mezeray ad hanc an p. 24. ubi 200. Knighton verò 1100 magnas naves 500 mineres ponit p. 1585. n. 40. Stow p. 241. has a 1000 ships of Barthen and Pinaces Speed p. 577. about a 1000 Sail. Gaguin 1100. Grov Villani 6â—0 c. 200 Sail thô Authors vary much in the Number wherein were 4000 Men of Arms 10000 Archers and Footmen of Wales 12000 and 6000 Irishmen The King had with him in his Company the Young Prince of Wales at that time about sixteen Years of Age There was also Humphry Bohun Earl of Hereford and Essex and his Brother William Bohun Earl of Northampton Thomas Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel John Vere Earl of Oxford William Clinton Earl of Huntington Robert Hufford Earl of Suffolk and of Barons the Young Lord Roger Mortimer the Lord Gerard o Dudg 1 Vol. p. 738. Lisle and his Kinsman the Lord John Lisle the Lord Reginald Cobham the Lords John and Roger Beauchamps the Lord John Moubray the Lord William Ros of Hamlake the Lord Thomas Lucy of Cockermouth the Lord William Felton the Lord Thomas Bradestan the Lord Ralph Basset of Sapcoate John Lord Willoughby of Eresby the Lord Peter Mauley V. of the Name * Hâ—c nemina â—u sequuntur ad numerum 22. er M. S. Vetust Lat. in Bibl. C.C.C. Cantab. cui titâ—â—us Acta Edvardi Fihi Edvardi Tertii Thomas Lord Vghtred John Lord Fitz-Walter William Lord Kerdeston the Lord Roger Say the Lord Almaric de St. Amand the Lord Robert Bourchier the Lord John le Strange the Lord Edward Montagu the Lord Richard Talbot the Lord John Mohun of Dunster William Lord Boteler of Wemme Robert Lord Ferrers John Lord Seymor John Lord Grey William Lord Botreaux the Lord Hugh Spencer the Lord John Striveling Michael Lord Poynings Robert Lord Morley Thomas Lord Ashley John Lord Sutton the Lord Nicholas Cantilupe and Others and of Knights Batchelours the Lord John Chandos the Lord Peter Audeley and the Lord James Audeley the Lord Bartholomew Burwash junior the Lord Thomas Holland the Lord Fulk Fitz Warine Sr. Richard Pembroke and several others There were but a few Strangers at this time with King Edward because his Friends of Germany had fell off together
desiring You as affectionately as we can and more earnestly beseeching You by the Bowels of the Mercies of God that rendring a return of Gratitude to the Lord your God for those things which he hath given unto You You would accommodate your Soul prepare your Heart and dispose your Mind to Peace and Concord For You know that the Great King of Peace by whom You live and reign doth command You to love Peace and refuses to dwell in the Hearts of the Unmercifull And lest we should more prolixly enlarge our Epistle we add unto our Prayers that those things which our Reverend Brother Talayrand Bishop of Alby and our Beloved Son Nicolas titulo Sancti Vitalis Priest-Cardinal Nuntio's of the Apostolick See or either of them in their own Persons or in Others shall relate unto You as to this Point or declare unto You by Letters You would undoubtedly believe and by a pious Prosecution fulfill them with the desired Fruits of your Actions Dat. Aven V. Non. Octob. Anno Pontificatús nostri IV. By other Letters also of the same Date the Pope highly applauded the Young Prince for that he had honourably received the Cardinal Talayrand and had in the midst of Prosperity overcome that insolence of Mind which usually attends Conquerours and gave him his Thanks for having entertain'd the French King with such singular Courtesie Our Reverend Brother says he Talayrand Bishop of Alby Nuntio of the Apostolick See wrote unto us by his Letters that You confirming and enhancing the Nobility which you derive from your Stock by your Generosity of Soul and the exercise of Vertues have entertain'd him with such Honours and such Favours as became a Son to exhibit to his Father in Christ And that which is greater than all these preparing your Mind equally for all Events and not being puffed up with any Prosperity of Successes but always more humble in the sight of the Lord your God attributing all unto him from whom you have received all You do graciously allow unto our Dear Son in Christ John the Illustrious King of France whom the Event of War hath brought into your Prison that Honour which belongs to so great a Prince Vpon which account returning unto your Highness our deserved Praises and hoping undoubtedly that the Omnipotent God who hath respect unto the Lowly but knoweth the Proud afar off will bestow on You more abundantly and freely the Grace of his Benediction c. Dat. Aven V. Non. Octob. Anno Pontif. IV. XV. All this while i Frois c. 169. fcl 75. did Edward the Black-Prince continue at Bourdeaux having with his ready Mony bought up of the Lords Knights and Esquires of Gascogne all those French Prisoners whom he design'd to carry along with the King into England For as for those whom the English Lords had taken he intended not to buy them till they were brought safe home The French King he lodged honourably in a magnificent Apartment in the Abby of St. Andrew and Himself kept Court in the other Apartment of the same Abby like unto it Now there were many Questions Contrasts and Challenges among several Knights and Esquires of Gascogne concerning the Taking of the French King divers of them affirming how they were the Men that took him But Sr. Dennis Morbeque by Right of Arms and true Tokens which he shew'd as the Kings own Gauntlet challenged him for his rightfull Prisoner Yet for all that this Mans Cause seem'd so evident insomuch that the Pretensions of all Others were silenced thereby an Esquire of Gascogne called Bernard de Troutes averred how he had more Reason to lay Claim to that Honourable Action Between these two there was much Fending and Proving in Presence of the Prince and other Lords that sat with him to hear the Cause But when once it came to a Challenge between them then the Prince commanded them both peremptorily to surcease and to forbear any further proceeding till they came into England on pain of his Displeasure for he said no manner of Decision or Determination should be made but by the King his Father However because the French King himself enclin'd more to Sr. Dennis of Morbeque than to any other and wish'd as he said privately that he alone might have the Honour which he had so well deserved the Generous Prince considering that being a banished Man he had little more than his Wages and what he purchased in War caused secretly to be deliver'd into his Hands 2000 Nobles to maintain his Estate handsomly withall against the time he should appear in the Court of England And to end this Matter once for all when the next Year King Edward and his Council had determin'd the Cause in his behalf the Prince k Paul. Aeonylius p. 288. gave him 5000 Crowns of Gold more as a Reward for that Service For as we shew'd before all Prisoners who are valued above 10000 Crowns belong not unto him that took him but to the Prince Thus the Prince of Wales tarried at Bourdeaux providing and ordaining his Affairs as he thought best till it was Lent during which time the Souldiers of England and Gascogne spent in Mirth and Revell especially in the Christmas Holy-days all the Gold and Silver which they had won with the hazard of their Lives For Souldiers and Seamen thô they court Money at the Highest rate of any others take their leave of it as pleasantly and as unconcernedly as any Men whatsoever Those Knights l Frois c. 169. Gentlemen and others who had been present in the Battle of Poictiers upon their return into England were welcomed treated and caressed highly by all Men where-ever they came and in all respects Prefer'd to others of their Rank and Condition So Honourable is it to be Brave upon a good and just account But on the contrary m Frois c. 170. all the Lords Knights and Esquires of France who had fled from the Battle were so hated reviled and pointed at whereever they came that they durst hardly venture to appear in any great Town or publick place of Resort Now about the time n Frois c. 170. that this Battle of Poictiers was fought Henry Plantagenet Duke of Lancaster was in the County of Eureux in Normandy and toward the Marches of Coutances together with Prince Philip of Navarre and the Lord Godfry of Harcourt in his Company These Great Captains endeavour'd all they could to joyn the Prince of Wales before that Battle but they could not by any means Because all the Passages on the River of Loire were so surely guarded However hearing shortly after of the Prince's Success they were wonderfully pleased and Prince Philip of Navarre soon after went for England to speak with the King about the further Progress of his Affairs and the Duke of Lancaster as we shew'd before diverted into Bretagne to the Countess of Monford where shortly after he went and laid Siege to Rennes having constituted the Lord Godfry of
Garrison resolv'd to die every Man rather than to yield up the Place thô the Townsmen would gladly have received the French if they durst Wherefore the Captains of France sent to Tholouse for Four great Engines which they made ready and reared up against the Walls casting therewith both Night and Day massie Stones and huge pieces of Timber against the Fortress besides which they set their Pioneers a Mining But the Englishmen with great Courage comforted each other and slighted all their Art and Fury thô at last for want of Succour We shall find them to be taken only by reason of the Mines But for the present We shall leave them V. While these French Captains d Frois c. 252. f. 152. were thus busie in Quercy the Duke of Berry was in Anvergne with a great Power of Men of War the chief Leaders whereof were the Lord John of Armagnac his Uncle the Lord John de Villemur the Lord Roger Beaufort the Lord of Beaujeu the Lord Villiers the Lord of Semur the Lord of Tarascon Sr. Hugh Dauphin and many more who ravaged about the Marches of Rovergue Quercy and Limosin where they did much Harm and at first found no great Opposition And besides this application of Force there were not wanting other Arts not then so frequent in the World but since those Days very common which made use of the help of the Church to blow up a Fire of Combustion in the State. For the subtle Dukes of Anjou and Berry prevailed with the Archbishop of Tholouse who was a Politick and Learned Prelate to go to the City of Cahors of which place his Brother was then Bishop and here together these two Brothers so elegantly preached and set forth the Right of King Charles against King Edward's Pretensions that the whole City turned French and sware unto the French King Faith and Homage from that time And with these Arts the Archbishop rode about thrô the Country and every where took care to set forth the Equity of his Masters Quarrel with such advantage of popular Arguments and the Reputation which he added thereto from Religion and Scripture Proofs that together with the Terror of the Duke of Berry's Arms and those of the Duke of Anjou who hover'd thereabout he obliged no less than sixty Towns Cities Castles and Fortresses to submit to the Obedience of the French King who had indeed the cheif place in their Hearts before And as this Archbishop went abroad abetting and maintaining the King his Masters Cause in and about the Marches and Limitations of Languedoc So also in Picardy divers other Prelates and Clergymen brought the Right of the Two Kings into their Pulpits where they discussed the Matter so plausibly that King Edward was ever concluded in the wrong And the Common People who in those Days readily swallowed more Course Morsels than these were fully satisfied with all that was said thô in my Opinion it is not only below the Dignity of Princes to make use of such abject Devices but also no way corresponding to the same of Learning and Religion to appeal so fawningly to the Vulgar whom as they please they may easily cheat with false Colours But in France Dr. William Dorman was especially remarkable for these Tongue Victories for he rode about from Town to Town and from City to City and spake with such power and force of Rhetorical Insinuations and handled his Points so cleverly that all who heard him believed in a manner every Word he said and the Controversie between the two Kings was so artificially represented by him that the French King had apparently the Advantage on his side Besides all this King Charles himself was so moved with Devotion e Frois ibid. Mezeray c. that he not only caused Fastings and Processions to be used throughout his Realm by the Clergy but Himself also and his Queen would often attend them going barefoot and in all Churches there were put up continual Prayers to God devoutly requiring and imploring of his Majesty to assist and maintain the Right of the Realm of France which had suffer'd so great Tribulation for so many Years Nor was King Edward less Pious or less honourably Politick For he also used the same Method thrô his Kingdom the rather that his Subjects might be the more ready to venture their Lives and Fortunes in a Cause which they first understood to be Just and Right There was at that time one Dr. Simon Tibuld alià s Sudbury Bishop of London a Man very well seen in the Canon Law and the Scriptures and of great Eloquence who made many Sermons in the most publick places of the City declaring and proving unto the People that the French King had renew'd the War not only against his Oath but also against all Right and Reason with manifest Injustice Fraud and Perjury all which together with King Edward's Title to France he demonstrated with great force of Argument and Rhetorick to the ample satisfaction of all his Auditors And I must confess that it might not seem unnecessary for both the Kings to provide that their Subjects should be generally informed of the particulars of their Quarrel that so they might more teadily and with a good Conscience assist their several Masters in this War at which both the Nations were sufficiently alarum'd already And King Edward himself who was as well furnish'd with Wisdom as Valour nothing doubted but that this War would prove as great and as momentous as ever any he had been engaged in because of the Advantage which the French King had gain'd by surprising him thus as chiefly because of the new Method of this his politick Enemy and also of the Mutability of his French Friends Wherefore he thought it fit for his behoof to stirr up all his Assistants and Allies that might any ways lie opportunely to divert the impending Mischief And so he sent into Brabant and Hainalt to learn whether they would own his Quarrel or no and especially he desired Duke Albert of Bavaria who at that time govern'd the Country of Hainalt instead of his Elder Brother Duke William who had been for some time before Distracted and continued so to the day of his Death to open his Country upon Occasion and to let him go and come into France or tarry there if need should be with an Army Duke Albert at the Request of the King of England his Uncle especially because Queen Philippa his Dear Aunt urged him also thereto readily granted to have his Country open for the use of King Edward being not â—â—tle perswaded to this Matter by Edward Duke of Gueldres who was Son to King Edward's Sister Eleanor and had lately married Duke Alberts Daughter and with him concurred the Duke of Juliers who was Cosen German to the said Albert of Bavaria These two Lords were strictly bound to King Edward the one being as we said before his Nephew and the other the Cosen German to King Edward's Children and to
the said Duke of Hainalt and yet by many other Ties were they obliged to the English Interest and each of them was by Covenant retain'd to serve King Edward with a 1000 Spears apiece at their own Charges And therefore they not only advised the King now to bring over Duke Albert but they also Themselves joyn'd their Perswasions so that what by their Means and the English Gold he was at first won to declare himself for England But when the Lord of Cominges who was then in the Court of France heard thereof he hasted into Hainalt where he menaged Matters so cunningly with the Lord John Verchin Seneschal of Hainalt by whose Advice all the Dukes Matters were chiefly order'd and who in his Heart lov'd the Interest of France beyond that of England that by the Concurrence of the Earl of Blois and the Lord John of Blois his Brother together with the Lord of Ligny and the Lord of Brabanson who were all well belov'd with the Duke and Dutchess of Hainalt King Edward's Design was wholly quash'd and the labour of his Ambassadors overthrown Thô even they could obtain no more of the Duke than this that both He and his Country would stand Neuter in the Affair and the same Answer was also return'd by the Lady Jane Dutchess of Brabant For at that time her Husband was absent being in France where he contracted secretly a League with that King. VI. And surely King Charles of France who was a notable Politician had secretly prepared himself many Friends both in Hainalt and Brabant almost two years before and had brought over to his Interest the greater part of the Chief Counsellors and Friends of all the Great Lords of both Dukedoms And now to put the better Gloss upon his renewing the War and to make his Cause more plausible in the Eyes of the World he copied out divers Extracts of the Letters relating to the Peace made at Bretigny and ratified at Calais and therein he set forth the Substance of what he according to his Obligation had done and of what the King of England and his Children had not done thô by Oath and Honour bound thereto All along producing such Articles and Points as made for Himself and against King Edward but cunningly concealing smothering or colouring what made to a contrary purpose So that his Cause seem'd only just and the English bare all the Blame And also he privately caused certain Learned in the Laws to be Feed to set forth their Opinions at large concerning the Right of the French King against the King of England both as to the Matter of the Crown and also to the Superiority and Resort of Aquitain and there are yet f M.S. Reverendi Dr. Joh. Spencer S.T.P. C.C.C. apud Cantab Magistri Decani Ecclesiae Cathed Eliensis Extant two Discourses on that Point written by two Famous Doctors of those Days belonging to the University of Bononia in Italy whose Names were John de Lyana and Richard de Salicete Many of which Papers and others of the like Nature together with his own Letters the French King procured to be published in the Courts of all the Princes and Great Lords his Neighbours the better to prepare them to allow of his Quarrel So that King Edward to save his Credit was obliged also to use his Pen against this New sort of Enemy and to justifie and defend his Claim and to prove the Breach of the Peace to lie wholly at the French Kings Doors which he performed notably by his Letters sent into Germany and other Places where he valued his Reputation or thought to have any Friends From which Humour of both the Kings g Paul. Aemyl p. 294. c. Paulus Aemylius rather ambitious to shew his Rhetorick than Historical Fidelity has invented two notable Declamations which he ingeniously enough fancies to have been said before Charles the Emperour and his Son Wenceslaus the one by an English Orator in Behalf of his Masters Cause and the other by a Frenchman who holds the contrary opinion Whereas if that Author had consulted Decorum he would have remembred that King Edward often protested to acknowledge no Mortal whether Pope or Emperour as Judge of his Controversie and that he had but little Reason to expect to find the Emperour any thing favourable to him since he slew his Father at the Battle of Cressy and could not be ignorant how mightily he was addicted as well as more nearly allied to King Charles and the House of France Wherefore we who religiously endeavour to avoid these Gaudy Vanities thô we have Matter enough of Authentick Arguments to fill up a Speech or two yet preferring the venerable simplicity of Truth to all the Fucoes of Vain-Glory shall here set down the Arguments on both Hands as they were then really stated by the Best Lawyers of both Kingdoms in which doing 〈◊〉 where our Authorities cannot be seen our Faith be called in question We declare not only that our selves are wholly ignorant in this as well as many other Sorts of Learning but that the Ancient Copies are to be seen in Latine in a M.S. of the Reverend Dr. Stillingfleet Dean of St. Pauls and in English in another M.S. of the Reverend Dr. Spencer Dean of Ely and Master of Corpus Christi College in Cambridge which English Copy appears to have been with much Care translated from the other by some Person of Quality for the Use of that Most Noble Prince of Wales Henry Eldest Son to King James the First And to omit the several Preambles touching Succession of Women and Succession by Representation as also touching Distance of Degrees and Collateral Succession I shall the readiest way come to the Matter but first thô in some measure we have more than once stated the Case before it is necessary for Evidence sake here again to set down the Matter of Fact as it happen'd in the Realm of France Videlicet That King Philip Son of St Lewis King of France had two Sons lawfully begotten Philip the Fair and Charles of Valois And that the said Philip being Eldest after the Death of his Father obtain'd the Kingdom and that Charles deceased leaving behind him Philip of Valois his Son lawfully begotten That afterwards Philip the Fair begat Three Lawfull Sons Lewis Philip and Charles and also One Daughter named Isabel who was married to the King of England and brought forth Edward the Third whilst the foresaid Philip Grandfather to the said Edward remain'd alive That at last Lewis and Philip Brothers to Isabell being Dead without Issue Male King h This to be favourably taken for Philip died first and then his Three Sons in order succeeded Arguments for the French Kings Right Philip their Father also died That after him reigned the foresaid Charles his only Son surviving who likewise died without Issue Now according to the State of the Fact the Question doth rise in Law to be this The Lady Isabell next
Nephew shall bear the Condition not of his Grandfather but of his Father from whom immediately he descendeth and to whom only he shall succeed a C. de Decurionib l. Privilegio lib. 10. althô the Father shall be of worse Condition than is the Grandfather Therefore this King Edward shall succeed only the Disabled Condition of his Mother which is his immediate Parent and not the Condition of his Grandfather who is mediately his Ancestor Because a Disposition to this Effect cannot descend to Him but by a Mean by which Mean he cannot succeed no more than she her Self could Again the State of the Mother chargeth the Sons with no Condition b L. Nullus solius C. de Decuricnibus l. 10. from which she her Self is free Therefore the State of the Mother is the Cause that her Son hath no Right of Succession from which she her Self is excluded The Consequent is proved because an Argument is good in Law c Arg. l. secund Naturam ff de Reg. jur adident etiam câ—med facit l. si Pater ff quae in fraud Credit in Prin. from a Charge to a Benefit and likewise to the Contrary Again in Succession of Collaterals of which quality is this in Question the Sons of the Brother or Sister deceased are raised in the Rank and Place of their Father or Mother and do represent their Person only and not their own as by many Examples it doth appear For when Brothers both by Father and Mother do concurr with Brothers by the Father only or only by the Mother to the Succession of a Brother deceased They who are joyned by both Parents do d Auth post fratres C. de Her. dict est S. presuppositione tert exclude those who are joyned only by One. Put case then that a Man hath Brothers joyned to him by One side only and Sons of a Brother deceased who was joyned by both sides which of these shall succeed him if he die Intestate Surely if we consider the Sons of the Deceased Brother in their own Persons because they are not Brothers both by Father and Mother to their Uncle of whose Succession the Doubt is made they should not exclude the Brothers by Father only or by Mother only seeing they are more distant in Degree But because in all Respects they represent the Person of their Father and possess his Right they e Auth. de Her. qui ab intest §. siquis Consanguineus Coll. IX exclude the Brother of the Deceased by the Father or by the Mother only Now therefore in the case in Question concerning the Succession of a Brother deceased seeing Edward the Son of the Sister Isabell shall represent in such Succession the person only of his Mother and seeing she is disabled by that which is before alledged and could not succeed neither can He. To the same purpose serveth the Law f Lâ—qui contra ff de â—ure Patron which saith that if a Patron useth violence to his Libertine or Freedman and thereby disableth himself that he cannot succeed him this Disability doth not only affect his own Person but also extendeth to his Posterity That as well they who are Descended of him as himself do thereby lose the Right of Succession In like manner here the Disability of the Mother extendeth unto her Posterity and consequently unto King Edward Again the Disabled Meane corrupteth or maketh void g L. à Divo Marco C. de quest §. hâ—c autem notandum tit qui feud da. poss as in the Law which ordaineth that a blemish or disability in a Former Degree infecteth those that follow So that they cannot claim the Right of Succession or Privileges of their Ancestors Ergo c. Again in Succession of Collaterals a h C. de his qui ante apert tab l. vinc arg à contrario sensu junct ib. no. at Cy. in VII quest sua arg l. si ita legat §. si vâ—let ff de leg 1 Right never possessed by that Person who hath former place in Degree is not transmitted to those that follow But this Isabell who was before King Edward in Degree was never in Possession of that Right because she could not by reason of the Statute and therefore she did not transmit it to her Son. To the same purpose an Argument may be drawn from the Law i L. fi C. de Naturalibus liberis which saith that if a Father hath a Natural Son who cannot succeed him althô his Son begetteth a Natural and Lawfull Son yet that Nephew or Grandchild in respect of the Grandfather shall be only Natural and is not Legitimate in regard of k i.e. Grandfathers his Goods althô he be for his Fathers Goods And the reason is there added because such Right of Legitimation cannot be transmitted unto him by any Lawfull Consequence but by interposition of the Natural Issue it is interrupted Therefore in the Case in question seeing the Precedent Person hath no ability to succeed as had not the Issue who was only Natural it cannot be said by any Consequence in Law that Legitimation that is to say Right to succeed is transferred from her unto her Son as was not to the Natural and Lawfull Issue because the Antecedent being overthrown c. To the same purpose an Argument may be brought from the Law l L. sed si hâc lege ff de in jus vocand §. sed si filius meus emancipatus wherein is comprised that the Son loseth his Right of Patronage in Freed-men because he is set at large from his Fathers Authority and therefore may Lawfully be sued by them without leave of Court. But what if afterward he shall have a Son Lawfull not set at Liberty but in the Power of his Father whether may he challenge right of Patronage from the Person of his Grandfather And it is said because the Father being between him and the Grandfather is emancipated and freed from his Fathers Power he cannot Therefore in like case King Edward althô Legitimate cannot make claim because his Mother placed in the Middle is excluded by Statute and so as it were emancipated and set free To the same purpose serveth that which Joh. m In Collect. in c. 2. proposuit de conâ—ug serv hath noted whose Words I will set down because of the Authority of the Writer which is a matter of great Regard He n Arg. ff si cert pet l. 1. maketh this question What if the Son of a servant whose Father is Free will contract Marriage whose consent shall be required Whether the Fathers or the Grandfathers For one of their consents he o XXX q. 1. c. III IV. v. must have althô if it be done without their consent the Marriage doth hold The Text of Law p XXXII q. 3. c. patrem plainly saith not the Fathers because he is in servitude but the Grandfathers But the Gloss there saith that if this Son were
or Encrease than by way of Confiscation especially of that which riseth upon the Crime of Treason as it is in this present Case It was also set forth at large by the Letters and Rescripts of King Edward how the King of France never renounced either the Reversion or Soveraignty of those Lands which were deliver'd to the King of England by the Treaty of Calais And it was said by way of Corollary that neither the Dutchy of Aquitain nor any other Lands whatsoever ought ever to be deliver'd to the English upon any Respect because among other Reasons the English never yet had althô it were but one Foot of Land in France whether it were by Marriage or otherwise but in the end they always raised Wars and Troubles against the King and State of France And further there were noted and set down many Expeditions made into Aquitain both before and since the time of Charles the Great occasion'd by Justice of the Kings of France for Condemning and Depriving many Dukes of Aquitain because of their Rebellions and other bad Behaviour declaring manifestly that the said Dutchy of Aquitain was sometime the Proper Right and Inheritance of the Kings of France and that did evidently appear in that Charles the Great made and ordained Lewis the Gentle his Eldest Son King of the said Country of Aquitain as King Dagobert long before made Hubert his Brother by the Fathers side only Many other things are there contained which pretend to answer all that the English could say or alledge But We shall now hear what the King of England could say in his own Behalf when We have first set down a short Genealogical Table of the Descent from St. Lewis to King Edward and Philip of Valois VIII THE PEDIGREE OF THE Kings of FRANCE From Philip the Son of St. Lewis untill Charles the Fair. King Philip the Son of St Lewis King Philip the Fair. King Lewis Hutin Jane Countess of Eureux King Philip the Long. Margaret Countess of Artois King Charles the Fair. Blanch Dutchess of Orleans Isabell Queen of England Edward the III. K. of England Charles of Valois Philip of Valois IX Reasons alledged by the KING of ENGLAND for his Right and Title to the Kingdom of FRANCE UPON Supposal as it is evident and notorious in Fact that Philip of Famous Memory sometime King of France the Father of Charles of Honourable Remembrance King of France last deceased and of the most Gracious Lady Isabell Queen of England our Mother 1 Reason Proximity in the Descending Line was our Grandfather by the Mothers Side Then was no Male surviving nearer than We to the same King Charles at the time of his Death of all those who were descended with him from our Grandfather Philip Uncle to our Adversary Now the Person of a Woman is not capable of that Kingdom by a Law therein anciently observed which Law by way of final Cause respecting the Favour of that Realm lest the State thereof should decline under the Weak Government of a Woman by Excluding the Person of a Woman doth not therefore exclude the Person of a Man descended of a Woman so excluded Lest Matters Odious should be extended which is Odious in Law from Person to Person from Sex to Sex from Cause to Cause from Hatred to Favour And lest the Feminine Gender which is contrary to all Rules of Law should comprise the Masculine 2 Reason Restraint of things odiouâ— 3 Reason the Femin Gender compriseth not the Mascaline 4 Reason Derivation of Right from the Grandfather by the Mother 5 Reason Absurdity in Law. 6 Reason The Descending preferred before the Collateral 7 Reason the cause or reason of the Law ceasing especially in a case of an Odious Nature For to this end the Law before mention'd excludeth the Weakness of Women from bearing Rule that more Profitable Provision might be made for the State and that the next Male no otherwise debarred might be Assumed into her Place especially to that Right which did not first spring from the Mother so excluded but is originally derived and propagated from the Grandfather to the Grandchild Otherwise by this odious Enlarging another Absurdity in Justice would ensue that the Nearer Collateral should be excluded and the more distant and remote brought in Seeing that by the Law of Nature and of Nations Brothers and Sisters and their Sons are preferred in mutual Succession before other Collaterals in another Line So that upon this Statute which is made in Favour of the Kingdom and in Hatred of a Woman being debarred from the Kingdom Occasion should arise both of Violation to Law and of Injury to such Males as are descended from a Woman Neither can We conceive that the Intent of the Law here mention'd is so unjust as that the Mother and the Son upon Dislike Reason should be condemned and punished alike Yea by the Contrary Judgment of the same Law whereby the Mother is expelled from Succession the Son entring into the same Degree of his Mother succeedeth in her Place like unto that Son who riseth into the Degree of his Father or Mother deceased 8 Reason the Son entreth into the Degree of his Mother to succeed his Grandfather 9 Reason One vexation not to be added to another that he may be received in equal Terms with his Uncles to the Succession of his Grandfather That so the Sorrowfull Mother being stripped of her Royal Inheritance by Rigour of this Statute should in Right receive some Solâ—ce by Substitution of her Son and not one Heaviness to be heaped upon another which the Upright Consideration of Law doth abhorr as we see even where a Charge of Calamity cometh not by the Law but by Misadventure as in that Law whereby the Custom is condemned which permitteth another Man to take the Goods of them that suffer shipâ—reck By which Reason that which is corrected in express Disposition of Law for avoiding an Encrease of Grief is more strongly prohibited in the secret Disposition Let it therefore more than fully suffice that by the Law of the Realm of France the Mother is cut from the Royal Stem not by any Default in her Self but by the Fact of Nature which framed her a Woman And that by Express Law she suffereth a certain Shipwrock in her own Disinheriting althô she be not by any secret Consequence of the same Law contrary to the Course of Justice wrecked again with her Disinherited Son 10 Reason One not to be burthen'd with anothers Hate And so against all Rules and Reasons of Law one should be burthen'd with anothers Hate Whereas the Right from which the Mother is excluded is in such sort given unto the Son that the Mother receiveth nothing by this Office and Charge of the Son. So likewise we shall find Punishment enlarged without Offence whereas it should be mollified and restrained 11 Reason Punishments to be restrained 12 Reason from an Instance of great Authority even where there
and Defensive thereby to support himself the better against the Power of England The first Opportunity accordingly he dispatch'd away his Ambassadors to the Court of France who were graciously received at Paris by the French King and there between him and these Deputies who had Procurations from King Henry ready sealed whereby they were fully Authorised to treat and to proceed effectually in all Causes in the Name of their Master in any Parliament or Council whatsoever there were accorded ordained and confirmed certain mutual Alliances and Confederations Engrossed and solemnly sworn to on both Parties them firmly to hold and maintain nor by any means to infringe or do any thing contrary thereto But that the two Kings should for ever abide firmly in mutual Unity of Peace Love and Alliance and then and there the French King sware upon the Word of a King to aid and assist the King of Castille and his Heirs in all his Business and never to make any manner of Peace or Agreement with the King of England unless he should be comprised in the same And to this League Sr. Bertram of Clequin the Constable gave much furtherance for he as Dearly loved King Henry as King Charles loved and believed him So the Spanish Ambassadors return'd back to their Master whom they found at his City of Leon in Spain and he received extraordinary satisfaction from this his Alliance with France and entertain'd less doubt of the English than before However like a Wise Prince he neglected no means of Establishing his own Affairs but began to strengthen himself by Sea and Land as One that knew foreign Amities of small force as well as of slow approach where due Care is not taken at home Nor indeed was all this his Caution wholly needless or vain For soon after John of Gaunt Duke of Lancaster in Right of this his Lady Eldest Daughter to Don Pedro the last Lawfull King of Spain took upon him the style of King of Castille and Leon and l Archbishop Abbet's Description of the World p. 7. Vid. Mr Sandford's Geneal Hist p. 238. p. 253. empaled the Arms of Castille and Leon with his Ducal Coat Nor only so but some Years after began a fierce War against the Bastard Usurper of his Crown which at last could no other ways be ended but by a Match between the Sole Daughter and Heiress of John of Gaunt by this Spanish Princess and Henry Grandson and Heir of the said Henry the Bastard in whose Line and Posterity thus legitimated that Kingdom hath ever since remained XIV Before this Solemn League was thus Established between France and Spain the Pope being alarum'd with the Wonderfull Success of the Turks against Christendom used all his Endeavours to close the Breach between England and France and especially to heal the exulcerated Mind of our King Edward To which end he wrote to the Duke of Lancaster and the Earl of Cambridge that they would joyn to move the King their Father to dispose himself towards a Peace with France he also wrote to the King himself the Form of his Letters m Extant apud Oder Rainald ad hunâ— ann §. 3. ex Tem. 1. Fp. secr p 112. being very near the same with those which Pope Innocent VI wrote n Vid. Hujus Hist Lib. 3 c. 1. § 14. p. 517. formerly to the Black-Prince upon his Victory at Poictiers wherefore we purposely omit them in this Place But I shall here set down another Letter which this Pope sent a little before he wrote to the King to that Renowned Warrier John Greilly Captal of Busche whom he knew to be very Gracious with King Edward and of a truly Heroick Mind thô most able for War yet exorable and apt to embrace an Honest Peace o Extant apud Odoric Rainald ad hunc an §. 8. GREGORY the Bishop Servant of the Servants of God to his most Beloved Son in Christ John Captal de Busche Greeting and Apostolick Benediction The Eastern Parts being exposed to heavy Dangers and in a manner obnoxious to utter Ruine do cry unto the Vicar of Christ unto Christian Princes and other Nobles The Holy Land also being violently possessed by the most impure Saracens of a long while basely detained and polluted by their filthy Touch doth cry unto them doth open her Wounds unto them with ardent Desire expecting an healing Assistance from them Certainly when late we understood those things p p In hâ—c leco voculam quae deleo concerning the miserable Condition of the said Parts and heard also those things which our Beloved Sons the Ambassadours of the whole City of Genoa sent unto Us particularly for this purpose did declare unto Us concerning this miserable State of the said Parts We were inwardly wounded with the Compunction of bitter Sorrow For it was their Assertion that the Turks and other Enemies of the Cross of Christ being gather'd together in a great Multitude do with heavy tempests of Wars afflict waste and consume the said Eastern Parts earnestly affecting to abolish the Christian Name and Worship in those Parts nay even utterly to exterminate from thence the poor Remainders of Christianity And that unless there be made in the next March Expedition a powerfull Resistance to the fury and malice of the said Insidels there will hardly be found in those Parts to invoke the Name of Christ And 't is probably feared nay 't is by many held for certain that the foresaid Turks and other Miscreants are preparing to invade Sicily and by Consequence other Countries of the Christians Wherefore the foresaid Genoans from an inward compassion of their Hearts condoling with the sad Tribulations of the foresaid Parts and together with the Aid of other Faithfull Christians willing to comfort them with the Remedy of a speedy Assistance neither sparing their own Goods nor Persons are now Rigging forth a mighty Fleet of Gallies to pass the Seas this next March-Expedition But they do not think themselves any ways able to resist in the Premises unless they are assisted by other Christians Oh! How unpleasant is the Memory of these things to Us O how bitter the Recollection considering these and other so great Dangers of the Faithfull For while we revolve these sad things in our Mind while with sollicitous thoughts We meditate thereon our Zeal is kindled like a Fire Tears being conceived spring forth as witnesses of our Grief nor can we forbear sighing chiefly for this that as to the Readiness of hasting with so great Succours the Measure of Possibility can no ways equal as We would the vastness of our Wishes many Confusions in the Parts on this side the Sea hindring and especially the heavy Discord which long since the Grand Disturber of Peace and Enemy to Charity hath stirred up between our most Dear Sons Edward and Charles the Illustrious Kings of England and France For the allaying whereof We have destin'd to send unto the said Kings two of our
own Castle called Castillon upon the Dordonne where he found the Frenchmen who had invested it the Day before and made a vigorous Assault or two but to little Purpose The English immediatly set spurs to their Horses and assailed the Frenchmen with such fury that after a sharp and hard Rencounter they totally routed them having slain and taken Prisoners no less than 2000 Foot and 400 Horse among whom the Seneschal himself and many other Persons of Quality were taken The Residue made their escape by reason of the Weariness of the English in obtaining this Victory Many such Successes the Earl of Lancaster had against several of the French Detachments which either Himself or some of his Captains Chanced to meet with So that the Duke of Normandy was in a manner besieged himself by him and his Garrisons for he durst never send out any Parties but in very considerable Numbers whereby he was not without his difficulties Neither was he able as oft as need required to get in sufficient Provision for the Army for fear of the Earl of Lancaster who thô he was not strong enough to raise the Siege yet so well watched his Advantages that the Besiegers were likely to be soon wearied out CHAPTER the SECOND The CONTENTS I. King Edward resolved in Person to succour his Friends in Aiguillon calls a Parliament at Westminster and takes Order for the Government and Defence of the Realm during his Absence II. He sets Sail for Gascogne but lands in Normandy III. Vpon his Landing he Knights his Son Edward Prince of Wales and together with him certain young Noblemen IV. King Philip hearing of his Adversary's Landing sends some Troops to defend Caen against him V. A cruel Execution done at Paris upon a Frenchman for Asserting King Edward's Right to the Crown of France VI. King Edward marches thrô Normandy in Hostile Manner VII King Philip prepares to oppose him VIII King Edward takes St. Lo and Caen. IX Two Cardinals sent to him from the Pope to exhort him to Peace but in vain While he tarries at Poissy to repair the Bridge in order to get over the Seyne he sends a Defiance to King Philip with different Remarks thereupon X. King Philip goes to his Army King Edward gets over the Seyne receives an Answer of his Challenge from King Philip to which he replies His Progress thrô France XI King Edward's Princely Carriage to two Fair Ladies that were taken at Poix The Men of Poix being found Treacherous are put to the Sword. XII King Edward endeavours to get over the Somme the French King following with a great Army The Opinion of some Authors as to his Flight examin'd XIII A French Prisoner offers to shew King Edward a Passage over the Somme Which yet King Philip for fear of the worst had guarded XIV King Edward passes the Somme at Blanche ttaque and discomfits those that kept the Passage XV. King Philip displeased hereat returns to Abbeville for that Night while King Edward prepares to receive him and encamps in the Fields of Cressy I. THE mean while King Edward had full Information from the very beginning of the Duke of Normandy's Descent into Guienne and had particular Notice from the Earl of Darby of all the Occurrences in those Parts from time to time Wherefore he resolved to go now in Person to save his Lands and succour his Loyal Friends and Subjects But first to settle Matters at home He held his High Court of Parliament a Holingshead Engl. Chron. p. 929. at Westminster about the Season of Lent where he took into his own Hands all the Profits Revenues and other Emoluments which the Cardinals and other Foreign Clergy held within the Land for he thought it not reason that those who favour'd the Pope who was b M.S. Author is Anâ—nymi ea Vaticano sign n. 3765. in Clem. Vl. Odoric Rain ad ann 1342. §. 6. a Frenchman born and the French King who was his Adversary should enjoy any such Promotion or Advantage in his Realm Here he Order'd that all his Justices throughout his Dominions should renounce and utterly forbear taking of Pensions Fees Bribes or any Sort of Gratuities which before they were found to receive both of Lords Temporal and Spiritual and Others that so their Hands being free from Bribery Justice might be by them more purely and uprightly administred For this Pious Prince then thought he might expect a Blessing upon the Justice of his Cause when he took Care that his Subjects might meet with Righteous Judgment Here therefore it was that a Form of Oath was drawn up for all Justices which thô in the Book of Statutes falsly placed in the 18 Year of this King as we observed before in the last Clause of Paragraph XIII doth properly belong to this Place and for its Rarity deserves also to be here repeated Ye shall swear c Statute Beck p. 88. that Well and Lawfully Ye shall serve our Sovereign Lord the King and his People in the Office of Justice and that Lawfully You shall Counsel the King in his Business and that Ye shall not Counsel nor assent to any thing which may turn him in Damage or Disherison by any Manner Way or Colour And that Ye shall not know the Damage or Disherison of him Whereof Ye shall not do him to be warned by your self or by other That Ye shall do even Law and Execution of Right to all his Subjects Rich and Poor without having Regard to any Person And that Ye take not by your self nor by other privily nor apertly Gift nor Rewards of Gold nor Silver nor of any other thing which may turn to your Profit unless it be Meat or Drink and that of small value of any Man that shall have any Plea or Process hanging before You as long as the same Process shall be so hanging nor after the same Cause And that Ye take no Fee as long as Ye shall be Justice nor Robes of any Great Man or small but of the King himself And that Ye give none Advice nor Counsel to no Man Great nor Small in case where the King is Party And in case that any of what Estate or Condition they be come before You in your Sessions with Force and Arms or otherwise against the Peace or against the Form of the Statute therefore made to disturb Execution of the Common Law or to meance the People that they may not pursue the Law that Ye shall do their Bodies to be arrested and put in Prison And in case they be such that Ye may not arrest them that Ye certifie the King of their Names and of their Misprision hastily so that he may thereof ordain a covenable Remedy And that Ye by your self nor by other privily nor apertly maintain any Plea or Quarrel hanging in the Kings Court or elsewhere in the Country and that Ye deny no Man Common Right d i.e. upon occasion by the Kings Letters nor none other