and Defend all the Clergy in their Bayliwics their Tenements Lands Goods Rents and all their Possessions not permitting them to receive any Injury or Molestation in their Persons or otherwise though they had not his Protection Witness the King at St. Pauls London 31st of July in the 25th of his Reign It ought not to be omitted here That notwithstanding the Mortal Enmity and War between the two Kings of England and The King of France Remonstrates against the Pope's Bull prohibiting Taxes France yet King Philip the 4th Published a sharp Remonstrance against the Pope's Bull which caused this Trouble and Contention between the King and Clergy in this Nation in which he strenuously asserted the Rights of his Crown and the Liberties of the Gallican Church which were the very same with those of England The Archbishop of Rhemes with the Suffragans and Abbots of his The Clergy of France join with him Province seconded their King's Remonstrance with a Supplication to the Pope to recal his Bull lest it might break the Peace and Vnity of the Gallican Church and Kingdom as being very Injurious and Grievous to the King and Temporal Nobility and as bringing Scandals nay perhaps Ruine and Destruction to the Nation whereupon Pope Boniface the 8th sent an Explanatory Bull to The Pope explains his Bull for the ease of the King Nobility c. King Philip by which he Declared That his former Bull extended not to voluntary Grants and Aids made by the Clergy nor to Cases of Necessity when Taxes and Contributions were necessary for the Defence of the Kingdom then they might be Raised without consulting the Pope That the King and his Successors provided they were Twenty years of Age might be Judges of the Necessity if not of that Age then their Council and Lastly He Declared that by this Bull or Constitution it was not intended to take away or diminish any Rights Liberties Franchises or Customs of the King Kingdom Dukes Earls Barons or Temporal Nobility whereof they were in Possession before he Emitted that Bull. The Remonstrance Supplication and last Bull Dated at Orvieto or the Old City July 22. in the Third year of his Pontificate A. D. 1297. are to be found in Peter Pithous Proofs of the Liberties of the Gallican Church Printed 1639. Chap. Sect. or Numb 8 9 10. Fol. 1085 1088 1089. By reason of the Clergies Denial to Grant the King a Seasonable and Timely Aid to carry on his Wars he was forced upon Vnwarrantable Courses against the Laws of the Realm 2 Knighton Col. .249 N 60. The K. forced upon Unwarrantable courses to raise Money by Raising the Custom upon Wool from a Noble to Forty Shillings the Sack and ordering the Owners should sell their Wool within a Month at certain Places assigned or they should be forfeited For the Victualling his Army and Ships he took Wheat Oates Malt Salt-Fish and Flesh as Pork Beef Mutton without paying for them as well from Lay-men as the Clergy by which Oppressions the People were very much Grieved and Disturbed being hereby prepared to follow the Dictates of any Projectors against the King It cannot be thought but by this time the Archbishop and his Friends the Constable and Marshal and their Friends understood one another and carried on a joint Design The Causes of the Controversie but just now only mentioned between the King Constable and Marshal and the Reasons of their Refusing to do their Duty their withdrawing from his Presence and from Court with their Denial to return when sent to will best appear from the King's Declaration upon Record sent to all the Sheriffs in England WHereas the King 3 3 Append N. 31. The King's Declaration of the Causes of the Constable and Marshal's refusing to do their Duty and retiring from Court always desiring the Peace Quiet and good Estate of his People and Kingdom after his Voyage which he is now making c. All occasions by which the said Peace and Quiet may be Disturbed shall be wholly taken away But because at this time there may be such Reports raised amongst the People that may cause them to behave themselves otherwise toward their Sovereign Lord then they ought especially since the Earl of Hereford and Earl Marshal have lately withdrawn themselves from him or for other Matters hereupon for that he would have the Affairs of his Realm Vniform and Quiet he makes known and would that all should know the Truth of what follows Lately when a great Part of the Men of Arms of England some upon Request others by Summons of the King came to London the King willing to provide for their Discharge the settling of their Expences and that they might know what they were to do sent to the said Earls as Constable and Marshal of England to come to him for that purpose The Earl of Hereford came and Monfieur John Segrave to Excuse the Earl Marshal that by reason of Sickness he could not come and therefore had sent him in his stead Presently by their assent they were ordered to make Proclamation in the City of London That all those that were come thither either by Summons or Request should on the Morrow appear before the Constable and Marshal to know and be * * This was the proper Business of these two great Officers and without this Ordering and Enrolment the Men at Arms were not assigned the Quantity of their Service Enrolled in what manner and how many of them would serve the King in that Voyage beyond Sea They told the King they would perform the Order as they had received it in Writing But the same day toward Night the Earls sent the King a Message in Writing by Sir John Esturnis Knight in this Form For that Dear Sir You commanded the Marshal by the Constable and by order in Writing that he should cause it to be published in the City That all such as were come by your Summons or Request should be on the Morrow by One of the Clock before the Constable and Marshal at St. Pauls and that they should Enroll so many Horse of one and the other and then to inform you of it Your Constable and Marshal do pray you to Command some other of your Houshold to do it And for that Sir you know well that tho' some are come upon Request and not Summons yet if they do this they should enter upon their Office and do Service Wherefore they pray you to Command others Vpon receipt of this Message and Counsel taken thereupon the King thinking they might have done it unadvisedly sent Monfieur Geofrey de Genevill Monsieur Thomas de Berkeley Monfieur John Tregâ—z Constable of the Tower and Guardian of London Roger Brabazon and Monsieur William de Bereford to advise them Better and that they might so order things as they might not turn to the Prejudice of the King nor their own Estate and if they would not be otherwise advised then
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
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
of God Amen I Richard by the Grace of God King of England and France and Lord of Ireland do Absolve the Arch-Bishops Bishops and other Prelates whatsoever of Churches Secular or Regular of what Dignity Degree State or Condition they are Dukes Marquesses Earls Barons Vassals Valvassores and my Liege Men whatsoever Ecclesiastick or Secular by whatever Name they are called from the Oath of Fealty and Homage and all others to me made and from all Bond of Ligeance Regality and Government or Command by which they have been or may be bound to me and them their Heirs and Successors for ever from the same Obligations Oaths and other Things whatsoever I free release and quit and make them free absolved and quit as to my Person according to the whole Effect of the Law which may follow from the Premisses or any of them And I do purely freely of my own accord simply and absolutely in the best Manner Way and Form that I can by this Writing Renounce wholly Resign and by Word and Deed put from me and recede for ever from all Royal Dignity and Majesty the Crown and Lordship and the Power of the said Kingdoms and Lordship and other my Dominions and Possessions which may any way belong to me and to all Right Colour of Right and Title Possession and Dominion that I ever had have or may have in the same or any of them also the Government and Administration of the said Kingdoms and Lordship and all mere and mixt Empire in the same and to all Honour and Royalty therein saving to my Successors Kings of England in the Kingdoms Dominions and Premisses for ever their Competent Rights And I do Confess Acknowledge Repute and truly of certain Knowledge Judge my self to be insufficient for the Government of the said Kingdoms and Dominions and for my notorious Demerits not unworthily Deposed And I Swear by these Holy Gospels of God by me Corporally touched That I never will Contravene this Resignation Renunciation Dimission and Cession or will any way oppose them in Word or Deed by my self or others nor will suffer them to be opposed or contravened as much as in me is publickly or privately but the same Renunciation Resignation Dimission and Cession will for ever hold firm and will firmly hold and observe them in the whole and every part as God and his Gospels help me Ego Richardus Rex antedictus propria manu hic me subscribo I King Richard beforesaid write my self with my own Hand And 5 5 Ib. n. 14. presently he added to his Renunciation and Cession That if it was in his Power the Duke of Lancaster should succeed him but seeing it was not he desired the Arch-Bishop of York and Bishop of Hereford who he had appointed to declare his Renunciation and Cession to the States of the Kingdom to intimate his Will and Pleasure to them and as a further Mark of his Intention he pulled his Signet Gold Ring off his own Finger and put it upon the Dukes desiring it might be made known to all the States of the Kingdom On the Morrow 6 6 Ib n. 15. being Tuesday the Feast of St. Hierom the Parlement met in Westminster-Hall where the Arch-Bishop of York and Bishop of Hereford publickly declared the King's Cession and Renunciation with the Subscription of the King's Hand and also the delivery of the Signet to the Duke of Lancaster The Cession and Renunciation was first read in Latin then in English and the States and People there present were asked if for their own Interest and the Profit of the Nation they would admit the Cession and Renunciation they unanimously answered They would admit it After 7 7 Ib. n. 16. which Admission it was publickly proposed That besides that it would be much expedient and advantageous to the Nation and to take away all scruples and sinister suspicions that many Crimes and Defects committed by the said King during the time of his Government for which as confessed in his Cession he might be worthily Deposed might be drawn up in Writing and publickly read and declared to the People The Tenor of all which Articles is such Here the Entry upon the Roll is confused and impertinent and such must be the Translation The Form 8 Ibm. of the Oath which the Kings of England usually take at their Coronation follows which is exacted and received from them by the Arch-Bishop of Canterbury as it is contained in the Pontifical Books of the Arch-Bishops and Bishops Which Oath was received from Richard King of England the Second after the Conquest by the Arch-Bishop of Canterbury and afterwards Repealed as may be found upon Record in the Rolls of Chancery Thou 9 Ib. n. 17. shalt wholly preserve the Peace of the Church and People of God and Concord in God according to thy Power and shall Answer I will preserve them Thou shalt cause to be done in all thy Judgments equal and right Justice and Discretion in Mercy and Truth according to thy Power and shall Answer I will do it Thou dost Grant that just Laws and Customs are to be holden and dost Promise to Protect and Confirm them to the Honour of God which the Communalty have chosen according to your Power and shall Answer I Grant and Promise To these such Questions may be added which are just which the King is to Confirm by his Oath upon the Altar before all Persons The Objections against the King concerning his Deposition do follow FIrst 1 1 Ib. n. 18. It is Objected to King Richard That for his Evil Government by giving the Goods and Possessions of the Crown to Unworthy Persons and indiscreetly dissipating of them and for this cause imposing grievous and intolerable Burthens upon the People and otherwise committing other innumerable Evils Having by his Assent and Command by the whole Parlement chosen and assigned certain Prelates and other Lords Temporal who with all their Power should faithfully labour at their own Costs about the just Government of the Kingdom made a Conventicle of his Accomplices proposing to impeach of High Treason the said Lords Spiritual and Temporal so imployed about the Government of the Kingdom and violently drew the Justices of the Kingdom to Confirm his Wicked Purpose for fear of Death and Torment of Body endeavouring to destroy the said Lords Secondly The same 2 2 Ib. n. 19. King lately at Shrewsbury caused to come before him and others that favoured him in a Chamber many Persons and the greater part of the Justices where by Threats and divers Terrors he induced caused and forced them singly to Answer to certain Questions on his behalf touching the Laws of his Kingdom against their Will and otherwise then they would have answered had they not been forced By Colour of which Answers the same King propounded to have proceeded to the Destruction of Thomas Duke of Glocester the Earls of Arundel and Warwick and other Lords with whom
delivered your Letters into his own Hands and having openly and plainly Expounded your Letters and Command to me and shewn the Authority of it before him and his Great Men I admonished the King to the performance of Three Things 1. That he should restore and cause to be carried to the Places from whence it was taken the whole Money of the Tenths with such readiness and alacrity as might expiate the Crime of taking it away 2. That for the future he should forbear such Actions adjoining That tho the Apostolic Elementy retained him in the number of her Dearest Sons yet if he should be afterwards found in such Offences she neither could nor would with-hold from him the Rod of Correction Non posse eam nec velle virgam ei Correctionis subtrahere lest sparing the Man it should assent to those Divine Affronts or Injuries it had not Corrected Ne parcendo homini Divinis Injuriis quas non corrigeret assentiret 3. That he should not trouble or prosecute those that had the Money in keeping Quibus silenter Reverenter auditis c. To which he having patiently and reverently heard them and having deliberated with those about him he thus answered To the First That there was no necessity of the Pope's sending his Letters or the Arch-Bishop to him in this Case when as he had Two Months since commanded the Money to be restored To the Second That he intended no undue thing nihil indebitum intendebat against the Church for the future To the Third He said he wondred why it should be put upon him not to Molest the Guardians of the Money when it was always his firm purpose not to do injury to any Innocent Person When he sent this Account of his Proceeding to the Pope he also advertised him That it was affirmed by such Testimony as ought to be believed that the King had restored the Money but of that he could not write him the precise Truth unless from those that knew the Weight Number and Measure of it Nisi per illos qui ipsius noverunt Pondus Numerum Mensuram This Answer of the Arch-Bishop to the Pope is dated the 29th of November While the King 3 Mat. West f. 411. n. 50 A. D. 1284. King Ed. II. Born remained in Wales for the Establishing and Settling his own and the Nation 's Affairs there his Son Edward who succeeded him was born at Caernarvon on St. Mark 's Day where he continued until toward the latter end of April the year following and then having finished his Work 4 Ib. f. 412. n. 30. A. D. 1285. he came into England and was received at London in great Triumph the last day of that Month. Matthew of Westminster Reports That the King of 5 Ibm. n. 40 50. France Philip IV. called the Fair not long after his Father's Death sent his Ambassadors to King Edward to come over into France and employ his Mediation for a Peace between himself and the Kings of Arragon and Spain He complied with his desire and on the 24th of June passed the Sea and was attended with many Bishops A. D. 1286. Earls and Barons and was received Honourably by the King and Nobles of France and Conducted to St. Germans where he staid some time and demanded the Lands which his Grandfather King John had lost and obtained Ten thousand Pounds Sterling of the King of France to be yearly paid at the Tower of London together with some Arrears for Normandy which was his Inheritance Mezeray's Story is otherwise he 6 F. 322. A. D. 1286. says ever since the Death of Philip III. Edward King of England had omitted no Endeavour to confirm the Treaties with his Successor In the year 1286 landing in France about Pontieu he was received at Amiens by several Lords sent from the King to meet him from thence he came to Paris where he was Magnificently Treated and was present at the Parlement which was held after Easter and went from thence to Bourdeaux The apparent Cause of his Voyage was the Desire he had to compose the Business of the King of Arragon with the King of France because Alphonso the Eldest Son and Successor of Peter had Married or Espoused his Daughter Elianor He forgot not likewise then to press earnestly he might have some Consideration for Normandy and those other Countreys which both his Father and himself had Renounced but could obtain nothing in either of these Points Being at Burdeaux he solemnly Received the Ambassadors of the Kings of Aragon Castile and Sicily all Enemies to France which gave no little Jealousie to King Philip Thus the French Historian And there is nothing to be found of his Mediation or what Effect it had He staid in France above Three years without doubt to Transact his own Affairs And at his 7 Mat West f. 414. n. 10. A. D. 1289. King Edward punished his Justices for Bribery Return Aug. the 4th he made a Progress through England and punished his Justices that had taken Bribes in his absence perverted Judgment and committed Errors according to the quantity of their Faults Alexander III. King of Scotland died 8 Buchan rer Scot. lib. 7. f. 85. a. n. 10. Printed at Edinburgh A. D. 1582. Alexander K. of Scots dies by a fall off his Horse on the 19th of March 1285 and before himself all his Children died his Daughter Margaret was Married to Eric King of Norwey who by him left one only Daughter named Margaret called the Maid of Norwey Heiress to the Crown of Scotland Alexander thus dead without Issue except this Grandchild and she then in Norwey with her Father there was a Convention of the States of the Kingdom at Scone in which they Treated of creating a new King and settling the State of the Kingdom 9 Ib. lib. 8. in mitio f. 86. a. n. 10. in quo conventu de novo Rege creando Statu Regni componendo ageretur which King 's creation as the Author expresseth it was only providing a Husband for the Maid of Norwey as appears by the following Story where were chosen Six Guardians Six Guardians or Governors of the Kingdom chosen Margaret the Maid of Norwey his Grandchild and Heir or Governors of the Kingdom to Rule it in the Name of Margaret the Maid of Norwey as will presently appear To whom King Edward knowing the Grandchild of his Sister King Alexander's Queen the only Child of the King of Norwey and sole Survivor of Alexander's Posterity to be the Lawful Heir of the Kingdom of Scotland sent Messengers thither to require her for a Wife for his Son 1 Ibm. n. 20. A Match propounded between her and Edw. II. Edwardus Anglorum Rex gnarus suae sororis neptem Regis Norwegiae filiam unam ex Alexandri posteris esse superstitent eandemque Regni Scotorum legitimam haeredem legatos ad eam deposcendam filio suo uxorem in Scotiam Misit To
at St. Pauls about sending some of their own Order to the King and Queen as Mediators of Peace between them The Bishop of Rochester dissuaded his going into the City or beyond the Thames to Treat being then at Lambeth telling him the Hearts of the People were against the Bishops and that they hated them imputing all the Evil that had happened in the Nation to their Sloathfulness Foolishness and Ignorance Next day they met at Lambeth and Resolved to send Two The Bishop of Winchester was willing to go for one but could not get a Companion 2 Ibm. All sorts of Citizens meet at Guildhall and contrive how to put to Death the Bishops of London and Excester and the King 's other Justices Die Mercurii proximo ante Festum St. Lucae convenerunt apud la Gyld-Hall c. On Wednesday before St. Luke the Citizens great and small majores minores met at the Guildhall where they contrived how they might take and put to Death the Bishops of London and Excester and the King 's other Justices and how they might Plunder the Merchants Mercatores in Civitate depraedarent taking the occasion of the Queen's coming 3 Ibm. The Queen comes to London All her Enemies that adhered not to her accepta occasione de adventu Reginae quod Reginae adhaerere noâ—entes proditores Regni publice censerentur because those that would not adhere to the Queen were publickly Reputed Traytors to the Kingdom The Justices were then met at the Friers Preachers and the Bishop of Excester was flying to St. Paul's Church they caught him at the Door beat and grievously wounded him and drew him through the Streets and Lanes to the Great Cross in Cheapside where the Sons of the Devil Filii Diaboli Virum fidelem providum discretum ac Regno valde necessarium truculenter decapitarunt Beheaded a Faithful Wise and Discreet Man and very useful to the Nation And further says Tunc conturbata est tota 4 Ibm. Those who were called the Queen's Enemies were plundered all the Nation over Terra in circuitu impii ambulantes animalia alia bona pacificorum quos hostes Reginae dixerant sub tali colore ubique depraedantes abduxerunt Then the whole Nation was in confusion and the Wicked calling peaceable Men the Queen's Enemies and under that colour took away and plundered their Goods The King not thinking himself safe there had left London before the Queen came thither and finding 5 De la Moor f 598 n. 50. The King goes into Wales by such as he had sent to make a Discovery that almost all the Nobility afrighted with false Reports tota fere Regni Communitas falsis territa rumoribus had come in to the Queen went in 6 Ibm. Sets H. Spenser the Father to defend the Town and Castle of Bristol Wales and having appointed Hugh Despenser the Father then Earl of Winchester to defend the Town and Castle of Bristol went with Hugh the Son then Earl of Glocester Robert Baldock and few others to 7 Ibm. Wals f. 125. n. 10. The King lay close in the Abby of Neath in Glamorganshire Chepstow and there took Ship intending for the Island of Lundy or Ireland but the Wind being cross he could make neither and having undergone much Hardship at Sea he landed and got to the Abby of Nethe in Glamorganshire where he lay close In the mean time the Queen followed him with her Army and sent these Letters abroad to command and draw in the People to her Assistance 8 Ibm. Append n. 69. The Queen's Letter by which she commanded and drew in the People to her Assistance Isabel by the Grace of God Queen of England Dame of Ireland Countess of Pontif or Ponthieu and we Edward Eldest Son to the Noble King of England Duke of Guyen Earl of Chester Pontif and Monstroil or Monstrevil and we Edmond Son to the Noble King of England Earl of Kent To all those to whom these Letters shall come Greeting Whereas 't is notoriously known That the State of Holy Church and the Realm of England are many ways blemished and abased by the Evil Counsel and Abett of Hugh le Despenser who by Pride and a Desire to Lord it and set himself over all others hath taken upon him Royal Power against Right Reason and his Allegiance and in like manner made use of all the Evil Counsel of Robert Baldock and others his Adherents so as Holy Church is reviled and shamefully put under great Subjection Her care of Holy Church and the Prelates of Holy Church and the Prelates of Holy Church spoiled of their Goods against God and Right Holy Church defamed and dishonoured many ways and the Crown of England destroyed in divers manners in Disheritance of our Lord the King and his Heirs the Great Men of the Realm by the Envy and wicked Cruelty of the said Hugh many of them without Fault and without Cause put to shameful Death some Disherited others Imprisoned Banished and Exiled Widows and Orphans wrongfully forejudged of their Right and the People of the Land by divers Tallages and undue Exactions very often burthened and by divers Oppressions grieved without Mercy By which Offences the said Hugh hath shewn himself an open Tyrant and Enemy to God and Holy Church to our most dear Lord the King and to the whole Realm And we and many others with us and in our Company who have long been estranged from the good Pleasure of our Lord the King by the false Suggestions and Evil Procurement of the aforesaid Hugh and Robert and their Adherents are come into the Land to raise the State of Holy Church and the Realm and to defend the People from these Mischiefs and grievous Oppressions and to maintain to our Power the Honour and Profit of Holy Church and our Lord the King and the whole Realm as abovesaid Wherefore we command and pray you for the Common Profit of you and every one of you to be Aidant to us at all times and in all places and by all the ways you know or can that the things abovesaid may be speedily brought to a good Effect and End For know certainly That all we and all those with us will not undertake any thing that shall not be for the Honor and Profit of Holy Church and of the whole Kingdom as in time you will see and find if God please Given at Wallingford the 15th Day of October in the Twentieth Year of the Reign of our most dear Lord the King From Wallingford she marched to Oxford and so in a short Bristol taken time to Bristol which she besieged and soon took and the next day after she came thither 9 De la Moor f. 599. n. 50. H. Despenser the Father drawn and hanged Hugh Despenser the Father Earl of Winchester was Drawn and Hanged upon the Common Gallows without Hearing or Trial on the 1 Aist Sacr.
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
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
D. 1334. the Writs for a Parlement King on the 20th of April issued his Writs for a Parlement to meet on Monday next after the Octaves of Holy Trinity or 7th of June that Year The next Day the Names of the Lords were read and examined 2 Rot. Parl. 18 Ed. III â— 5. before the King in Parlement item soient les nouns des Seigneurs c. to see who were come who not and the Names of those who were not come were given to the King in Writing that he might order such Punishment as The absent Lords to be punished at the King's Pleasure The cause of Summons declared he pleased pour ordainer lieu punissement come lui plerra On Thursday the Chancellor declared the Causes of Summons to be concerning the Truce made in Bretagne and the Breach thereof in seven Articles and begins 3 Ibm. n. 6. thus Seigneurs en les Trewes prises accordez affermez par serement en Bretaigne entre autres pointz c. Lords in the Truce made agreed and confirmed by Oath in Bretagne amongst other Articles it was agreed 1. That the Truce should be kept in Bretagne between the Kings and their Adherents entre les Rois lour Adherantz notwithstanding the Right they both claimed in the Dutchy 2. Also That none who were under the Obedience of one of the Kings en obedience dun des Rois should come under the Obedience of the other King del autre Roi during the Truce 3. That there be no renewing of Injuries against one part or other in prejudice of the Truce while it continues 4. Also That the said Lords their Adjutors and Coadjutors and Allies whatever they be do remain in such Possession and such Seisin as then they had of all their Benefices Lands and Possessions des toux lour benefitz terres possessions which they held or had any ways obtained during the Truce 5. Also That what was promised to the Earl of Montfort before and within the City of Vannes might be performed 6. Also If any one in Gascoigne or otherwhere continuing the Truce move War against their Neighbour or Enemy who shall be in the Interest of either Party then the said Kings ought not to meddle in it by themselves or others directly or indirectly que le ditz Rois ne se devient mellez par eux ne par autre droitement ne noun droitement 7. That to none of either Party shall any Gift or Promise be made directly or indirectly to make War during the Truce And against these Articles several things have been done 4 Ibm. Things done against the Truce as the King's Council have been informed par ascunes de Bretaigne by some of Bretagne First That some of the Allies of him that calls himself the King of France have taken and imprisoned many Men at Arms of the Allies of our King and some they sent into France to remain in Prison there during the Pleasure of the King's Adversary Also the said Adversary caused many Knights Esquires and other Persons of Bretagne Chevaliers Esquiers autres gentz who were known to be in the Legiance and Obedience of our King before the Truce made and were comprised in it and ought to have been protected by it to be carried to Paris and there put to death against the Assent and Decree of the Members and others of his Counsel in his Parlement and some he caused to be murdered in their own Country falsly and maliciously against the said Truce and against his Oath And the said Adversary sent Men at Arms and Foot to a great number into Gascoigne and Bretagne who after the Truce made took Castles Towns Mannoros and Fortlets and seized Lands and Possessions being in the Possession and Obedience of our King esteantz en la possession en obedience de nostre Seigneur le Roi at the time of the Truce made in which amongst other things it is contained That no new thing should be attempted during the Truce es queâ—oc entre autres choses est contenuez que rien serroit attemptez de novell durantes mesmes les Trewes And further 5 the said Adversary endeavours by all ways he can or knows to take and seize all the Lands and Possessions which our King hath beyond Sea and to procure his Allies in Brabant Flanders and Almain or Germany to leave him and hath a firm purpose as our King and Council have certainly been informed or have understood to destroy the English Language and to possess England which God forbid if a forcible Remedy be not applied to his Malice si est il inferme propos a ce que nostre Seigneur le Roi son conseil ont intenduz en certeyn a destruire la Lange Englois c. On the other side dautre part the 6 Ibm. Scots who are the said Adversaries Allies have openly declared That when he gives them notice they will not observe or regard the Truce but march into England and do what Mischief they can Wherefore the King 7 Ibm. prays and charges pur quoi nostre Seigneur le Roi pria chargea les Prelates c. the Prelates Earls Barons and Commons That these things considered they would give him such Advice and Assistance as was necessary for the saving his and their own Rights and Honour Which things being 8 Ibm. n. 7. recited by the Arch-Bishop les Prelates Counts Barons les autres des Commons prierent c. the Prelates Earls Barons and others of the Commons pray That they may deliberate till Monday next following And from that Monday 9 Ibm. n. 8. because they had not then fully deliberated they pray till Wednesday the Vigil or Eve of St. John Baptist upon which day the Arch-Bishop and Ten other Bishops Five Abbots Two Priors Eight Earls Six Barons all there named and the Commons of the Realm assembled in the White Chamber les Commons du Roialme assemblez en la Chambre blanche c. in the presence of the King having regard to the great Mischiefs and Dangers which may come to the King and all his Subjects and Allies if the Malice of his Adversary was not stopt and considering the great Charges which the Great Men and the Commons of England had been at and suffered by reason of the War continuing so long by false Truces and Sufferances and seeing openly that an end of the War or so good a Peace The Parlement prays the King to make an end of the War by Battel or Peace as ought to be cannot be made without great force of Men and great Power they pray the King with one Assent and every particular Person of the Great Men for himself si prierent touz dun assent chescune singulere persone de Grantz a par lui c. that he would make an end of the War either by Battel or by a convenient Peace if it might
be had And that when 1 Ibm. n. 9. And nâ—t to lay aâ—â—de his Voyage for the Pope's Letters the King should be ready to pass beyond Sea to take what God should give him pur prendre ce que Dieux lui durra upon the Exploit of this Business he would not for the Letters or Command of the Pope or any other lay aside his Voyage until he had made an end one way or other The which Prayer the King fully granted a quele preere le Roi ottroia pleynement but because it could not 2 be done without a great and agreeable Aid the Arch-Bishop Bishops Prelates and Procurators of the Clergy of the Province of Canterbury granted to the King a Triennial Aid for this Voyage granted by the Clergy and Commons Tenth les ditz Commons le samaday apres granterent nostre Seigneur le Roi pur mesme la cause deux Quinzismes de la Commonalte de la Cerre deux dismes des Citees Burghs And the said Commons granted to the King for the same cause Two Fifteenths of the Commonalty of the Land and Two Tenths of the Cities and Burghs And 3 Ibm. n. 10. after that the said Commons granted another Fifteenth apres le dite Commune grantent une autre quinzisme See for the Conditions of these Grants in the Statutes at large 18 Ed. III. translated exactly from the French on this Roll n. 14. to n. 23. which Statute was made from the Petitions of the Commons and the Answers to them and 't is called in the todding on the Roll the Charter of the Commons la Chartre enseale par la Comune and also for the Statute or Charter for the Clergy bearing Date July 8. in the 18th of his Reign which gave them many Privileges n. 24. to n. 32. In both these Statutes which are now in a manner become obsolete 't is said the Great Lay-men granted to pass and adventure themselves with the King and therefore they are not found upon the Roll to be Taxed The residue of this Year was spent in 4 Walâ— f. 164. n. 30. Froys l. 1. c. 100. Ashmâ—le f. 182. Tournaments and other Military Exercises at Dunstable Smithfield and especially at Windsor in Feastings Revellings Dancing and all manner of Jollity But it was not long after the beginning of the next Year that King Edward 5 Avâ—â— p. 103. a. c. 48. III news from Bretagne received news of what had been done in Bretagne how the Noblemen who adhered to him there were put to death and what havock and depopulation had been made in those Places under his Subjection Whereupon William de Bohun Earl of Northampton had 6 Rot. Franc. 19 Ed III. Part 1. M. 24. The King sent Defiance to Philip of Valois Commission Dated April 24. to defie Philip of Valois as a Truce-breaker his capital Enemy Persecutor and unjust Vsurper of his Inheritance the Kingdom of France And as what was done in Normandy and Bretagne against the Truce had been declared to be so by the Parlement so he wrote 7 Rot. Rom. 19 Ed. III. M. 2. n 4. He wrote 'to the Pope complaining of him to the Pope on the 26th of May following almost the same thing and made grievous Complaints to him of Philip de Valois having in the highest manner broken and dissolved the Truce The effect of his Letter the Pope repeats in his Bull or Answer to it the Original being in the Cotton Library 8 Cleopâ—tra E. 2. The Effect and Contents of K. Edward's Letter to the Pope That for avoiding the Dangers and Damages that might arise by reason of the Dissentions and Wars between Edward III. and the Illustrious King of France as the Bull hath it inter te fili carissime ac carissimum in Christo filium nostrum Philippum Regem Franciae Illustrem he had offered many ways of Peace that he might apply himself as he much desired to the Service of his Redeemer beyond Sea but was always delayed with fair Words and Treaties without effect to his great Damage His second Complaint was after a Narrative of the Truce made before Vannes That when he returned into England and had left a few Men only in Bretagne and sent his Commissioners to treat before his Holiness about a Peace as related before he received news which pierced his Soul That certain Noblemen of Bretagne were by Command of Philip taken carried to Paris and put to death And also of the great Ravage and Depopulation made in Bretagne Gascoigne and other Places 3dly That he endeavoured by crafty and secret Treaties to draw his Allies and Subjects from him and procured other things to be attempted against the Truce by Sea and Land Therefore he thought it utterly dissolved by his Adversary And now since the Time of Treaty was ended and no rational way of Peace appearing nor were the things attempted against the Truce reformed or amended but rather multiplied although by his Holiness's Letters the said King had been often required to reform them not to say any thing of his Legate that was sent into Bretagne to cause the Truce to be observed yet took the contrary part and blamed him that he did not what he ought toward an Accommodation he thought himself excused by God Holy Church and the People if seeing he could have no other Remedy in a just Cause he declared the Truce dissolved by Philip and defied him as above and renewed the War again protesting he would attempt nothing that might offend his Holiness or the Apostolick See which he desired and ought to revere or that might do Injury to any one but only with Moderation to defend himself and prosecute his Rights asserting what he did was for want of other Remedy and against his Will offering Peace when he might have a good one or by good means cum habere poterit bono modo The Pope's Answer to this Complaint begins with a most obliging The Pope's Answer to K. Edward's Complaints Compellation calling God to Witness Fili dilectissime novit 9 Ibm. Altissimus qui scrutator est cordium cognitor secretorum c. Most beloved Son the Most High knows who is the Searcher of Hearts and understands all Secrets that he had faithfully endeavoured to procure a Peace between him and the King of France without partiality and would not yet spare any Pains for the effecting of it And he tells him That those who wrote his Letters probably understood not the Truth of the Affair for that there were some things put in them and some things left out which caused notable He tells him he had not done according to the Truce Errors It was agreed by the Truce That there should be some of the Royal Blood Commissioned to Treat on either side in his Presence and though the King of France had sent several of the Royal Blood and many Prelates of great Authority as it
him many Noblemen and Manning it well with Men at Arms Archers and Seamen about the latter end of this month engaged them before Winchelsey 3 Ib. p. 121. a. c. 77. They make a Truce and took Twenty four large and rich Ships after which Sea Battel the Spaniards made a Truce for Twenty years The Truce 4 Rot. Fran. 23 Edw. III. M. 9 10. The French Truce prorogued above-mentioned that had been made between Calais and Guines on the 13th of October 1348 to continue unto the first of September 1349 was the 2d of May preceding Prorogued so the Word in the Record to the Feast of Pentecost in the year 1356. In August that year Philip of Valois as above died and his Son John succeeded 5 Ib. 24 E. III. M. 2. on the 25th of November next following Commissioners were appointed to Treat with his Commissioners to confirm the last Truce made with his Father to the first of August then next to come which was to be in the year 1351 and 25th of Edward III. Upon a new Treaty this same Truce 6 Ib. M. 8. Dors The same Truce continued Hostilities committed notwithstanding the Truces was proclaimed to continue a whole year longer until the first of August next after that first of August which was to be in the year 1352 and 26th of Edward III. Notwithstanding these Truces were in being there was often something enterprised by each Party against the other 7 Avesbury p. 121. a. c. 78. A. D. 1351. A. D. 1351. 25 Ed. III. The French besieged the Town of St. John de Angely in Xantogne in the year 1351 and made themselves Masters of it 8 Ib. b. c. 80. The English surprised the Castle of Guines the Governor having been corrupted with Money which King Edward pleasantly excused as 9 F. 372. Mezeray hath it saying Truces were Merchandise and that he did no more than follow the Example of King Philip who would have bought Calais This year the King issued his Writs 1 Rot. Clause 25 Ed. III. M. 5. Dors on the 15th of November for summoning a Parlement to meet on the Feast of St. Hillary or 13th of January which was on Friday 2 Rot. Parl. 25 Ed. III. Part 2. n 1. Summons to Parlement from that day it was continued to Monday because many of the Lords were not come and then until Tuesday the Fifth day of the Parlement when Sir William de Shareshall in the presence of the King Lords and Commons 3 Ib. n. 7. The cause of meeting declared declared the cause of Summons setting forth the King's Title to the Crown of France telling them That Philip of Valois had usurped it all his Life and not only so but moved War against him in Gascoign and other Places seising upon his Rights and Possessions and doing the Mischiefs to him by Sea and Land which they well understood in subversion of him and his Realm of England and that in Parlements before that time the Matter had been propounded in behalf of the King and the Great Men as also the Commons had been requested to give their Counsel and Advice fut prie de sibien as Grantz come as Comunes qils ent vorroient doner lour conseil advis what was best to be done and after good Deliberation had they said They knew no other way to advise him than to procure Allies to go against his Adversary by main Force and to do this they promised to aid him with Body and Goods a ceo fair ils lui promistrent de lui aider de corps de avoir Whereupon the King made Alliances beyond Sea and with their Assistance and the help of his good People of England he made War upon him because he could not have a reasonable Peace That the King and his Adversary had often assented to Truces yet his Adversary during those Truces imagining to subdue and deceive the King broke them every way continuing his Malice against him and his Friends That now John his Son after his decease continuing the same wrongs his Father had maintained possessed the Kingdom of France and contrary to the last Truce confirmed and sworn to by both which he had broken in Gascoign and Bretagne and also upon the Sea and had sent to Scotland to continue the ancient Alliance made between them wholly in Subversion and Destruction of the King and his People of England Wherefore the King first of all much thanks his Commons for the Aids they have made him and for the Good-will he had always found in them pur quoi tut ad e primes nostre Seigneur le Roi mercie molt a ces Comunes des Eydes qils lui ont faitz de lour bone volunte qils ad totes voyes trouve en eux c. and prays them les prie they would advise upon these things until Wednesday tant a cest meskerdy preschien suant which was next day and be at Westminster by Sun-rising taust apres le solail lever in the Painted Chamber to deliberate and to hear if the King would say any thing further touching the cause of his Parlement and to shew the King their Grievances if they had any that Remedy might be given them this Parlement Afterwards 4 Ib. n. 8. A Committee of Lords and Commons to meet to confer upon the Business of this Parlement The King sent the Lords or Great Men to them Sir William charged the Commons on behalf of the King le dit Sire William chargea les Comunes de par le Roi to shorten their stay in Town and for the quick dispatch of these Matters and others that might be shewn them from the King that before their departure they would go together in some place at Westminster to choose 24 or 30 Persons out of their whole number to be on the morrow in the Painted-Chamber that the King might send to them some Great Men aucunes des Grantz to confer with them upon the Business aforesaid On Friday 5 Ibm. all the Commons came before the Prince and the other Great Men les autres Grantz in the White Chamber The cause of Summons further declared and inforced where Sir Bartholomew Burghersh gave them an Account of the Malice and falshood of the King's Adversary of France ou fut dit par Monsieur Barthen de Burghersh la Malice la Fausine de son adversair de France how he had broke the last Truce and that lately upon the Sea in Gascoign Bretagne and near Calais and indeavoured by all the Subtilties and Contrivances his Council knew to trouble the King and his Subjects every where and said the Commons ought diligently to advise what seemed and what might be best to do for the King to oppose and check the Malice and falshood aforesaid for the safety of himself his Kingdom and all his Subjects And presently after this Declaration the said Sir William told
Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
Comunes en pleyn Parlement Which Name of King of France he did retake and had his Great Seal and other Seals altered and that Title 8 Ibm. engraved upon them On the same 9 Day and Thursday the Estate of the King 8 Ibm. 9 10. was laid before the Great Men and Commons feust monstre as Grants Comunes lestat le Roy and because the War was open par cause de la Guerre queste overte he should be at great Charges as well by Sea and Land which he could not maintain without their Aid he requested them they would treat and advise how he might be best assisted to his greatest Profit and the least Charge and Damage to the People The Prelates Dukes Earls and Barons by themselves and then the Commons of one accord Granted les Prelates Ducs Barons par eux puys les Comunes A Subsidy of Wooll c. granted to maintain the War dun acord Granteront c. to the King a Subsidy of Woolls of every Sack 43 s. 4 d. and of the Woollfels every Twelvescore as much and of every Last of Leather 4 l. which passed beyond Sea for three Years besides the ancient Custom to begin at Michaelmas next coming of Denizons Of Strangers for every Sack of Wooll 4 Marcs of every Twelvescore Woollfels 4 Marcs and of every Last of Leather 8 Marcs He not only provided for Money this Parlement but 1 Ib. n. 25. K. Edward's Offer To all Persons whatever that would maintain his Quarrel against France declared That for the Compensation of such Lords or others of whatsoever Estate Degree Condition or Nation they were who would maintain his Party and Quarrel against his Enemies of France should hold Heritably what they should Recover and Conquer be they Dutchies Earldoms Vicounties Cities Towns Castles Fortresses or Lordships situate in France by what Name or Title they were called of him as of the King of France by the Services and Dues accustomed except and reserved expresly to him and his Heirs all his Demeasn Royalties Services Homages Dues Resorts and Soveraignties belonging to the Crown of France except also Church-Lands and the Lands of all such as without Force or Difficulty would obey adhere to and stay in Obedience to him on their own Good-will and him Aid Counsel and Comfort in his Quarrel c. This Year 2 Wals f. 184. n. 20. The Death of the Queen The Offer as above no advantage to K. Edward 3 Froys C. 272. Du Ches f. 704. D. He sends his Letters of Indemnity and Pardon into Aquitan on the Assumption of the Virgin Mary or 15th of August died Queen Philip Just and Sincere as the Historians say to the English Interest There is nothing extant which makes it appear that the Offer above-mentioned advanced King Edward's Cause and therefore next Year he sends his Letters of Indemnity and Pardon with great Promises of Reformation into Aquitan 3 That he being informed of certain Troubles Grievances and Molestations done or supposed to be done by his Dear Son the Prince of Wales in his Seigniory of Aquitan being obliged and desirous to remedy all things tending to evil Surmises Hatreds and Contentions between him and his Loyal Friends and Subjects did Announce and Pronounce Certifie and Ratifie of his meer Good-will and by great Deliberation of his Council to that purpose called and did Will and Command That the Prince of Wales should forbear and remit all manner of Actions done or to be done and restore to all such as had been grieved or molested by him or by any of his Officers and Subjects in Aquitan all their Costs Expences or Damages raised or to be raised in the Name of Aids or Chimney-Money And did further pardon all such as had revolted and forsaken his Homage and Fealty upon Condition that after the sight of these Letters within one Month they returned to their Obedience And if any Persons made any just Complaint against his Dear Son the Prince or any employed by him that in any thing they were grieved or oppressed or had been in times past he would cause them to have reasonable Amends for the maintaining of Peace Love Concord and Vnity between him and his People of the Dutchy And that all Men might be satisfied of the Truth of these Letters he willed they should have Copies of them and then declared he had Sworn to maintain and make them good by the Body of Jesus Christ in the Presence of his Dear Son John Duke of Lancaster the Earls of Salisbury Warwick Hereford and many other there named Dated at Westminster in the 44th Year of his Reign on the 5th of November in the Year of our Lord 1370. Mezeray 4 F. 389. The King of France joined Religion and Eloquence to his Arms And sent Preachers abroad to justifie his Cause taking notice of these Letters tells us That to the Force of Arms the King of France joined Religion and Eloquence which could do all things on the Hearts of the People He ordered Fasts and Processions to be made all over his Kingdom and sometimes went barefoot himself with the rest when at the same time the Preachers made out his Right and Title with the Justice of his Cause and the Injustice of the English Which had two Ends the one to bring back again those French Provinces which had been yielded by the Treaty of Bretigny the other to make those that were under him willing to suffer the Contributions and all other Inconveniencies of War The Arch-Bishop of Thoulouse alone by his Persuasions and Intrigues regained above Fifty Cities and Castles in Guien amongst others that of Cahors The King of England would have practised the same Methods on his part and sent an Amnesty or General Pardon to the Gascons with an Oath upon the Sacred Body of Jesus Christ to raise no more new Imposts but all this could not reclaim those Minds that had bent themselves another way King Edward 5 Ib. c. 249. 250. Forces sent into France to the Prince Some of the Companions joined with them sent Forces over to the Prince with Edmond Earl of Cambridge his own Son and the Earl of Pembroke his Son-in-Law who with a great number of Companions under the Command of Hugh Caverley an Experienced Officer which came from Aragon Rendezvoused at Angolesm and were put all under his Command by the Prince What things of Note they did I find not Before this time 6 Ib. c. 241 242. Henry the Bastard killed Peter King of Castile and fixed himself in the Throne Henry the Bastard had by the Assistance of Peter King of Aragon the King of France and the Power of Bertrand de Guesclin and his Companions seized the Kingdom of Castile and killed King Peter and fixed himself in that Throne The King of France wrote to Henry to 7 Ib. c 276. Bertrand de Guesclin and his Companions serve the K. of France against K. Edw.
Grievance to be That any Stranger might have a House and dwell in the City be a Broker and buy and sell all sorts of Merchandises by Retail and Stranger sell to Strangers that they may again sell the same Goods to others to the great raising the Price of Merchandises and making them Dear Whereas in times past no Strange Merchant used any of these Practices against the Franchises of the City by which the Merchants of the City were much impoverished the Navy or Shipping much impaired the Private Transactions of the Nation discovered by those Strangers to his Enemies by Spies and others lodging in their Houses And then pray it They pray Remedy would please the King and his good Council in Charity to order in that Parlement that Merchant Strangers should be restrained in these Practices and that the Major Aldermen and Commons of the said City might enjoy their Franchises notwithstanding any Statute or Ordinance made to the contrary The King's Answer was 1 Ibm. Ro. The King's Answer upon Condition c. That upon Condition the City might be under good Government to the Honour of him and Profit of the Kingdom from thence forward no Stranger should have a House to be a Broker nor Sell any Goods by Retail within the City or Suburbs notwithstanding any Statute or Ordinance to the contrary saving to the German Merchants of the Haâ—s-Towns their Franchises Granted and Confirmed to them His Letters Patents to the same purpose by the King and his Progenitors According to the Purport and Effect of this Answer the Major Aldermen and Citizens of London obtained the King's Letters Patents Dated the 4th of November next following The Commons Petition the King That whereas great Riots 2 Ib. n. 164. The Commons Petition against Riots were committed in several parts of the Nation by great numbers of Armed Men that the Sheriffs might raise the Posse Comitatus or Power of the County to suppress them and that the Sheriffs and Justices of Peace might inform the King's Council of such Rebels de tiels Rebelles as refused to go with them The Answer was 3 Ibm. Ro. The King's Answer The King by Advice of his great Council would order Remedy if need were but in the mean time let the Statutes concerning that Matter be put in due Execution This Parlement ended July the 6th in the 50th of Ed. III. Whether the Two Kings sent their Commissioners to Bruges on the 15th of September 1375 as was agreed on or if so what was done then I find not however the Truce continued for in The last Truce continued the next year in a Commission to Thomas de Felton Seneschal or Steward of Aquitan and others Dated the 28th of May in the 50th of Edward the Third for Reforming whatever had been done against the Form of the Truce in that Dutchy and punishing the Offenders it appears that the Truce had then been lately renewed and prolonged from the last day of June next coming when it was to have ended to the first of April which should be in the year 1377 or 51st of Edward the Third Holinshed Fol 411. col 1. n. 60. says it was again continued to the first of May and then the War opened But the King many months before the Expiration of the Truce The King of France designing against King Edward had notice of a Design forming against him by the King of France having made an Alliance with Spain and Scotland to that purpose wherefore on the first of December in the 50th of his Reign he issued 4 Clause 50 Ed. III. M 6. Dors Part 2. He calls a Parlement Writs for a Parlement to meet on the Quinden of St. Hillary or 27th of January next coming at Westminster which was held by Commission to the Prince of Wales then about 10 years of Age the Bishop of St. Davids being Chancellor Who 5 Rot. Parl. 51 Ed. III. n. 11 12 13 The Declaration of the Causes of Summons in his Declaration of the Causes of Summons moved the Lords and Commons to a due Love Affection and Obedience toward the King and his Grandchild the Prince of Wales and then tells the chief Cause of Summons was for the Defence of the Land for that the King having at the Request of the Pope agreed to a Treaty of Peace and that there was a Truce made for a time while a Peace might be made which Truce his Adversary of France had broken and was preparing for War and by the assistance of Spain Scotland and other Enemies to destroy the King Kingdom and English Language To obviate this Design and the Malice of his Enemies and to Maintain the Peace of the Nation within and without by their Counsel and Advice was his great Intention as also to know how the Expence of the War should be provided for and for that it was not fit for a Bishop to say any thing against the Pope Monsieur Robert de Ashton Chamberlain to the King was appointed to propound how further Provision might be made against his Vsurpations as should by a Bill be shewed in this Parlement At another 6 Ib. n. 18. meeting of the Prelates Lords and Commons in Parlement the Commons in the King's Name were directed to go to their Old Place the Chapter House of the Abby of Westminster there to treat and advise how due Resistance might be made to the Enemies of the Nation for the safety of the King Kingdom Navy and themselves and how Money might be most speedily raised to the least Grievance of the People The Prelates and Lords Treating likewise about the same Matters there was A Committee of Lords appointed by Parlement to Treat with the Commons assigned in Parlement to have Conference with the Commons for their better Information the Bishops of Lincoln Chichester Hereford and Salisbury the Earls of Arundel Warwick Salisbury and Stafford the Lords Percy Roos Fitzwalter and Basset To Maintain his 7 Ib. n. 19. Wars considering the great Charges the King was to be at for them the defence of the Kingdom and otherwise the Lords and Commons Grant him Four pence of the A Tax granted Goods of every Person des biens de chescune persone of the Kingdom Male and Female above Fourteen years of Age except very Beggers and most humbly pray their Liege Lord he would please to excuse them that they could grant him no greater Subsidy being most willing to have done it but that they were so impoverished of late by great Losses at Sea as otherwise pur grands perdes sur la meer come autrement that they were unable at present And the Commons 8 Ib. n. 20. Treasurers for the Tax prayed the King he would please to Name Two Earls and Two Barons that should be Treasurers as well of this Subsidy as of that the Clergie was yet to grant and also of the Subsidy of Wool Pelts and Leather
of such Reports of the Land was a manifest and very Traytor for such Debates might turn to the Destruction of the Kingdom for ever and he prayed that a good Ordinance and a just and speedy Punishment might be provided in that Parlement for such Talkers and Inventors of Evil Reports or Dreams sur tieux parlours trouvours de mesongs to avoid such Mischiefs for the time to come but for the time past all should be forgiven as to his own Person After this 1 Ibm. n. 17 18. The Commons pray Three things of the King and Lords First That Eight continual Counsellors may be appointed for that the King at present was Innocent and of Tender Age for the amendment of several Mischiefs and the Salvation of the Realm which was then in greater Danger then ever it was before the Commons prayed the King and Lords of Parlement for Three things especially First That they would in that Parlement Appoint and Name Eight Persons of divers Estates to be the continual Counsellors of the King for the Business of the Kingdom together with the King's Officers to be such Persons as best knew and most diligently would and could take pains in the amendment of the Mischiefs and for the good Government and Salvation of the Realm and the Commons might know the Names of those Counsellors which also may be the Expenditors and Directors of what was to be given toward the Wars Secondly That they would please to 2 Ib. n. 19. Secondly Such to be appointed as were to be about the King's Person Name and Appoint in that Parlement such as should be about the King's Person People of Virtuous and honest Conversation that might Educate him accordingly and that the Charge of the King's House might be born with the Revenue of the Crown so as what was granted for the Wars might only be employed that way Thirdly That the 3 Ib. n. 20. Thirdly That the Land might be observed Common Law and other Statutes and Ordinances of the Land might be Observed Ratified and Confirmed and the People Governed by it and that it might not be defeated with Masterships and Singularities of any about the King c. saving in all things the Regalities and Dignity of the King to which the Commons would not any prejudice should be done any way by their Demands The Answer to these Demands 4 Ib. in the end of the number The general Answer was That the Prelates and Lords would Advise together commanding the Commons to return to their place commandant as communes de retournir a lour place and Treat of their other Charges given to them tretir de lours autres â—â—arges a lours douez between that time and Thursday next a quel jour ils furent commandez a retournir en parlement c. to hear the Answer to their Requests The first 5 Ibm. n. 21 22. The particular Answer to the first Request Request of the Commons was Repeated before the King and Lords and by them granted so as the Chancellor Treasurer and Keeper of the Privy Seal Justices of the one Bench and the other and all other Officers of the Realm may execute their Offices without the presence of such Councellors who by Advice of the Lords were 6 Ib. n. 23. Nine the Bishops of London Carlisle and Salisbury the Earls of March and Stafford Messires Richard de Stafford and Henry Lescrop Banerets and Messires John Deverose and Hugh Segrave Bachelors Which 7 Ib. n. 25. Nine Prelates Earls and others chosen in Council for this year esluz en conseil pur ceâ—â— An were Sworn before the King himself to do what they were chosen for in the presence of many Lords of Parlement As to the Second Request to 8 Name and Assign such as To the second Request should be about the King's Person the Lords of Parlement there answered That it seemed to them for many Causes too heavy and hard a Request trop chargeant dure Request to place any Person about the King that should not well please him or to Remove any Officer or Servant if it were not by his Express Will and for notable fault to be proved against such Officers and Servants Wherefore the Lords would not willingly meddle with these Matters peront les Seigneurs ne verroient voluntres entre mettre To the other 8 Ib. toward the end of the number part of this Request the Lords Answered They would by good Deliberation speak with the Great Officers of the King's Houshold and if by their advice it could be done saving the State and Honour of the King what they desired should be performed For the 9 Ib. in the end of the number To the Third Third at present it seemed reasonable to all the Lords it should be granted The Lords and Commons * Ib. n. 27. Two Fifteenths and Two Tenths granted perceiving the great danger of Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies granted to the King Two Fifteenths without Cities and Burghs and Two Tenths within Cities and Burghs for Two years praying the King That as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King 's Appointment which were William Special Treasures appointed to receive them Walworth and John Philypot Merchants of London who were to give an Accompt of their Receipts and Disbursements in manner as the King and his great Council should order In this 1 Ib. n. 41 42 43. Parlement Alice Perrers was brought into the Lords House where Sir Richard Lescrop Steward of the King's Houshold by the Command of the Prelates and Lords Recited in the presence of the said Alice an * See this Ordinance here in the 50th of Ed. III. Alice Perrers accused in Parliament Ordinance made in the Parlement holden at Westminster in the 50th of Edward the Third That no Woman especially Alice Perrers should prosecute any Business in the King's Courts by way of Maintenance upon pain of forfeiture and Banishment out of the Kingdom and the said Seneschal or Steward surmised to the said Alice and the Lords That she had incurred the pain of it and forfeited against the Ordinance in Two Points First That Sir Nicholas Dagworth was ordered by the King's Council to go into Ireland upon several great Matters profitable to the King and his Realm the said Alice after the Ordinance made perswaded the King and procured at the Court at Havering by her singular Suit That the said Nicholas should be countermanded and his Voyage staid to the great damage of the King and Realm Secondly That one Richard Lyons for certain Misprisions of which he was Convict in the said Parlement submitted himself to the King's Grace viz. his
Meeting 3 Ib. n. 3 4. The Cause of Summons saying it could not be unknown to them That the Earl of Buckingham had been sent over into France with an Army which had cost the King more then was given him last Parlement besides the Expedition into Scotland the Defence of The King's Necessities and great Charge Forced to Pawn his Jewels Guien and his Charge in Ireland had put him to so great Expences as he had been forced to pawn his Jewels the Subsidy of Wooll's coming to little by reason of the present Riot or Confusion in Flanders That the Soldiers in the Marches of Calais Brest and Cherburgh were in Arrear more then Three months and there was fear they might desert for want of their Pay That they were to Consider the King was mightily in Debt That he was bound by Covenant and Indenture to pay the Earl of Buckingham and others in that Expedition for another half year which was near ended and that the King was to be at a very great Charge for Guarding the Coasts And at last desires them to Advise the King how this Charge might be born with the most Ease and the Kingdom best defended against all its Enemies by Land and by Sea in as short time as they could And when the 4 Ib. n. 10. The Commons with with their Speaker in presence of the King Prelates and Lords Desire to know what Sum was demanded to supply the King's Necessity Commons had Treated one day about their Charge Et Apres les dites Comunes avoient entre comuner tretes un jour de lour dit charge they returned into the Parlement in presence of the King Prelates and Lords and there Monsieur John Gildesburgh Kt. their Speaker demanded a more clear Declaration of what had been said to them and especially what Sum they would demand to support the Charge praying no more might be required then was necessary illoeges Monsieur Johan Gildesburgh Chivaler quavoit les paroles pur la Comune demandast de par la Comune illoeque davoir pluis clere Declaration de leur dite per especial de la some totale quelle leur verroit ore demander pur les ditz charges supporter empriantz que celle somme fuist tielment modefiez que pluis ny fust demandez que ne convendroit necessairement for that the Commons were poor and of small Estate to bear the Charge any longer 5 Ib. n. 11. The Sum demanded was 160000 l. whereupon a Schedule was delivered in by the King 's great Officers and Council containing the Sums necessary which amounted to One hundred and sixty thousand Pounds Sterling The Commons pray 6 Ib. n. 12. The Commons think it an Outrageous and importable Sum. And pray the Prelates and Lords would Treat and Propound the Ways how a portable Sum might be levied the King and Lords la Comune empriantz a nostre Seigneur le Roy as Seigneurs du Parlement for that they thought the Sum demanded was much outrageous que la somme de eulx ore demandez si est moelt outrageous and importable That they would use such moderation as nothing might be demanded but what was portable and necessary now to have for the Causes above set forth And further they pray That the Prelates and Lords would Treat by themselves about the Matter and propound the Ways by which any such Sum portable might be levied and collected After the 7 Ib. n. â—3 The Lords cause the Commons to come before them Lords had advised about the Matter they caused the Commons to come before them ils firent la Comune venir autre foitz devant eulx and told them what they had thought on First That a certain Sum of Groats might be granted of every Person of the Kingdom Males and Females the more sufficient to help the less sufficient Secondly if that pleased And propound several Ways of raising Money to them not to have for a term an Imposition upon all manner of Merchandises bought and sold thro the Realm every time they should be sold to be paid by the Vendor And Thirdly Their Advice was to raise a certain Sum by Tenths and Fifteenths But because the last were very grievous to the poor Commons a la poure Comune and that Impositions had never been tried before nor could it be known to what Sum they would rise nor in what time a notable Sum might be raised and therefore the Lords pitched upon the Groats and propounded four or five to be levied upon every Person as above so as the most able might be constrained to assist the less able This way of Tallage seeming to them the best and most easie The 8 Ib. n. 14. The Commons desire One Third of the Tax might be born by the Clergy Commons when they had a long time Treated upon the manner of the Levy they came into Parlement and made Protestation they came not to grant any thing that day but they thought if the Clergie would support a Third part of the Charge they would grant 100000 l. to be raised by a certain number of Groats so as the Laity might pay 100000 Marks and the Clergie 50000 for that they possessed a Third part of the Kingdom and prayed the King and Temporal Lords to move it to them speedily to resolve and take upon them the Charge To which the Clergie 9 Ibm. The Clergy claim the Liberty of the Church and affirm their Grants ought not to be made in Parlement Replied That their Grants were never made in Parlement nor ought to be and that the Laymen neither ought or could constrain them in that Case and claim the Liberty of the Church which it had enjoyed before that time and desire the Commons might be charged to do what they ought and were bound to do come ils deivent sont Tenuz del faire and they would do in the present necessity as they had done before At last the 1 Ib. n. 15. Three Groats granted upon every Person Lords and Commons agreed to give Three Groats of every Person of the Kingdom Males and Females of the Age of Fifteen years of what Condition and Estate soever they were except very Beggars The Sufficient People in every Town to contribute to the assistance of the less able so as none paid above Sixty Groats including those for himself and Wife The whole to be for the Support of the Earl of Buckingham and the other Lords and People with him in Britan and for Defence of the Kingdom and Safeguard of the Sea Two parts to be paid Fifteen days after St. Hillary and the other at Whitsunday next after No Knights Citizens or Burgesses of this Parlement to be Collectors of this Money but that the King would order thro the Kingdom such as should equally levy it according to the meaning of this Grant Toward the latter end of this Fourth year of Richard the
broke down the Scholars Chambers and took and carried away Goods and Chattels to a great value a grant value Also That they compelled the Masters and Scholars under Pain of Death and Destruction of their Habitations to renounce all manner of Franchises and Privileges granted to them by any King whatsoever and submit to the Government of the Town for ever Also By threatning Death they caused the Masters and Scholars to enter into Bonds to pay them great Sums of Money and forced them to give a General Acquittance and Release of all Actions Real and Personal Also That by threatning Death they compelled the Masters and Scholars to deliver to them their Charters and Privileges which they burnt in the Market-Place contrary to the King's Proclamation and Prohibition The King issued his * Ib. n. 46 47. Writs To John Masterman the present Mayor who was then one of the * Ib. n. 48. Burgesses for the Town in this Parlement and Bayliffs and to Edward Lystere the late Mayor and Bayliffs when the Riot and Tumult was to appear in Parlement to acquit themselves if they could before him and his Council reciting in his Writs most what they had done in prejudice of the Chancellor Masters and Scholars of the Vniversity They appeared and were ordered to deliver up the Renunciation Bond and Release above-mentioned under the Vniversity Seals which were cancelled in Parlement and are entred upon the Roll. The Bill against them being then read in their presence in Parlement they were asked what they had to say why their Franchises and Privileges should not be taken into the King's Hands as forfeit at that time they were not charged with any Crime but as they were told were only to answer concerning their Franchise which they did by * Ib. n. 57. Counsel and denied the Matter of Fact and further said if any such things were done they were done by the Traitors and Malefactors of the Counties of Essex Hertfordshire and Kent which came to their Town in great numbers but it appearing they were always present at these Wicked Practices and that the Renunciation Bond and Releases of the Vniversity were in their keeping and that upon the King's Precept they would not deliver them it was thought evidence enough that they were guilty of the whole when they submitted themselves wholly to the King's Grace to do what he pleased with their Franchise some part whereof by advice and assent of the Some of their Franchises granted to the University Prelates and Lords the King gave to the Vniversity and the Residue he re-granted to the Town On the 13th of December because 4 Ib. n. 64. The Parlement adjourned Christmass was near and the time of the Queen's coming into England was also near and for that her Marriage and Coronution were to be solemnized le Parlement soit ajourne par nostre seigneur le Roy de lassent des Prelates c. the King adjourned the Parlement by the assent of the Prelates Lords and Commons unto the Friday next before the Conversion of St. Paul and did Will and Command That the All things by the King's Command to remain as they were until it met again Pleas Causes and other Matters moved in that Parlement and were undetermined and all other things with their dependences should remain as they were in the same condition until the Friday abovesaid At the meeting again 5 Ib. n. 66. The Duke of Lancaster's Proposals of going into Spain c. of the Parlement there was a great Dispute about a Voyage Monsieur Despainge the Duke of Lancaster offered to make into Portugal if the Kingdom would provide him 60000 l. to pay the Wages of 2000 Men at Arms and 2000 Archers for half a year The Pretences or Reasons for this Voyage were for the saving of such English as were then there that he might recover his Right he had there for the safe-guard of the Sea and the Realm of England si Dieux plest and if God pleased for the greater destruction of its Enemies Offering also to repay this Sum in Three years either in Money or acceptable Service Upon this Offer and Voyage the Lords had a long Debate some approved He obtained not what he desired his Reasons others not so as he obtained not what he desired Yet the 6 Ib. n. 67. Lords and Commons on the 25th of February considering the Necessities of the King and the multitude of his The King's Enemies many by Sea and Land Enemies by Sea and Land with the great Expences he must be at for the defence of the Kingdom and resistance of such Enemies granted on their Free-will to the King the Subsidy of Wooll Woollfells and Leather as he received it upon the last The Subsidy of Wooll c. granted for Four years Grant from that day until the Feast of St. John Baptist next coming and from thence for Four years Whether such Defence or Resistance should be by the Voyage of Monsieur de Lancaster into Spain or any other manner whatever with this express Protestation of the Commons That it was not their intention to be obliged by any Words to Quarrel Conquer or have War with The Commons protest against Quarrelling c. with Spain Spain particularly any way whatsoever but only for the Defence of the Kingdom and Resistance of its Enemies by the advice of the Lords as it should seem best to them to ordain par lavis des seigneurs del dit Roialme come meultz lour semblera a ordeiner Between the summons and meeting of the next Parlement * Walsingham f. 290. n. 20 30 c. The Great Seal taken from Richard le Scrop the Great Seal was taken from Richard le Scrop who had received it by approbation of Parlement because he would not pass some large Gifts of Estates which had escheated to the Crown to some Ambitious Knights and Esquires inferior Servants to the King and given to Robert Braybroke * Cl. 6 Ric. II. M. 24. Dors Which disquieted the Great Men. Bishop of London on the Vigil of St. Matthew the Apostle or 20th of September by which action the King much disquieted the Great Men and Community of the Kingdom In the Sixth of the King a 7 Rot. Parl. 6 Ric. II. n. 1 2. A Parlement The Cause of Summons the Defence of the Land and to provide Means to make it Parlement was summoned to meet on Monday Eight days after Michaelmas and was adjourned until Wednesday by the King's Command when the King and Lords met in the Painted Chamber before whom the Names of the Knights Citizens and Burgesses were called over The Bishop of London then Lord Chancellor amongst others declared the cause of Summons to be for the Defence of the Land against its Enemies and to provide Means to make it The Bishop of Hereford by the King's Order made a 8 N. 9 10. A further Declaration of
he was very Angry especially because they desired him to be under Good Government but by Divine Providence and the Resistance and Power of the said Lords the King could not bring his Design to effect Thirdly When the Lords 3 3 Ibm. n. 20. Temporal in Defence of themselves resisted his Malice and Craft the said King prefixed a Day for the Parlement to do them and others Justice who upon Faith and Confidence therein remained quietly in their own Houses the King privately with his Letters or Commission sent the Duke of Ireland into Cheshire to raise Arms against the said Lords Great Men and Officers of the Commonwealth Publickly exciting his Banners against the Peace he had Sworn to from whence Homicides Captivities Dissentions and other infinite Evils followed in the whole Kingdom for which cause he incurred Perjury Fourthly That although the said 4 4 Ibm. n. 21. King had Pardoned the Duke of Glocester the Earls of Arundel and Warwic and all their Assistants in full Parlement and for many Years had shewn chearful Signs of Peace and Love towards them yet the same King always bearing Gall in his Heart taking Opportunity caused to be seized the Duke of Glocester and the said Earls of Arundel and Warwic and sent the Duke to Calais to be imprisoned under the Keeping of the Earl of Nottingham one of his Appellants and without Answer or lawful Process caused him to be strangled and inhumanly and cruelly murdered The Earl of Arundel Pleading his Charter of Pardon and Demanding Justice in Parlement was encompassed with great Numbers of Armed Men and had his Head Damnably struck off and committed the Earl of Warwic and Lord Cobham to Perpetual Prison confiscating their Lands against Justice the Laws of the Land and his express Oath giving them to their Appellants Fifthly At the time 5 5 Ibm. n. 22. when in his Parlement he caused the Duke of Glocester and Earls of Arundel and Warwic to be adjudged that he might more freely exercise his Cruelty upon them and in others fulfil his injurious Will he drew to him a great multitude of Malefactors out of the County of Chester who marching up and down the Kingdom with the King as well within his own House as without cruelly killed his Lieges beat and wounded others plundering the Goods of the People refusing to pay for their Victuals violating and ravishing Men's Wives and other Women And although Complaints were made to the King of these Excesses yet he took no care to apply Remedy or do Justice in them but favoured those People in their Wickedness confiding in them and their Assistance against all others of his Kingdom wherefore his Good Subjects had great matter of Commotion and Indignation Sixthly Though the said 6 6 Ib. n. 23. King caused Proclamation to be made through the Kingdom That he caused his Unkle the Duke of Glocester and the Earls of Arundel and Warwic to be Arrested not for any Rebellious Congregations or marching with Horse within the Kingdom but for many Extorsions Oppressions and other things done against his Regality and Royal Majesty And that it was not his Intention that any of their Company at the time of the Congregation and Marchching with Horse aforesaid should for that Reason be Questioned or Disturbed Yet the same King afterwards in his Parlement Impeached the said Lords not for Extorsions Oppressions or other things aforesaid but for Rebellious Tumults and Congregations and Marching with Horse adjudged them to Death and caused many of their Company for fear of Death to make Fine and Ransom as Traitors to the great Destruction of many of his People and so he craftily deceitfully and maliciously Deceived the Lords their Followers and People of the Nation Seventhly After many of these 7 7 Ibm. n. 24. Persons who had paid their Fines and Ransoms and had obtained his Letters Patents of full Pardon yet they received no Benefit by them until they made new Fines for their Lives by which they were much impoverished And this was much in Derogation to the Name and State of a King Eightly In the last 8 8 Ibm. n. 25. Parlement holden at Shrewsbury the same King propounding to Oppress his People subtilly procured and caused to be granted That the Power of Parlement by Consent of all the States of the Kingdom should remain in some certain Persons who after the Parlement should be Dissolved might Answer the Petitions depending in Parlement then undetermined under pretence whereof they proceeded to other General Matters touching that Parlement ac-according to the King's Will in Derogation to the State of Parlement great Disadvantage to the Kingdom and a pernicious Example And that these Actions might seem to have some Colour and Authority the King caused the Rolls of Parlement to be changed and blotteed contrary to the Effect of the Grant aforesaid Ninthly Notwithstanding the said King at his 9 9 Ibm. n. 26. Coronation sware That he would do in all his Judgments equal and Right Justice and Discretion in Mercy and Truth according to his Power yet the said King without all Mercy rigorously amongst other things Ordained under great Punishments That no Man should intercede with him for any Favour toward Henry Duke of Lancaster then in Banishment in so doing he acted against the Bond of Charity and rashly violated his Oath Tenthly That though the 1 1 Ibm. n. 27. Crown of England the Rights of the Crown and Kingdom it self have been in all times so Free as the Pope or any other Foreign Power had nothing to do in them yet the said King for the confirming of his erroneous Statutes supplicated the Pope to confirm the Statutes made in his last Parlement whereupon he obtained his Apostolic Letters or Bull wherein were contained grievous Censures against all such as should presume to contravene them All which things are known to be against the Crown and Royal Dignity and against the Statutes and Liberty of the Kingdom Eleventhly Though Henry now Duke of Lancaster 2 2 Ibm. n. 28. by the King's Command exhibited his Bill or Accusation against the Duke of Norfolk concerning the State and Honour of the King and duly prosecuted it so as he was ready to make it good by Duel and the King had ordered it yet the same King put it by and without any lawful Cause Banished the His own Father John D. of Lancaster was the First Commissioner in this Judgment in Parlement See Pleas of the Crown 21 Ric. II. Duke of Lancaster for Ten Years against all Justice the Laws and Customs of the Kingdom and the Military Law Damnably incurring Perjury Twelfthly After the said King had graciously granted 3 3 Ibm. n. 29. to the now Duke of Lancaster by his Letters Patents That while he was in Banishment his Attorneys might sue for Livery of any Inheritance might fall to him for which Homage was due which should be respited for a
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
Jews rather to get a Livelihood then out of Affection to Christ or Christianity pretended to be Converts for about Ten years after they were all Banished the Kingdom as appears by these Writs De Judaeis Regno Angliae Exeuntibus Of the Jews going out of England Claus 18 Ed. I. M. 6. And De passagio conductu Judaeorum Angliae for the Passage and Conduct of the Jews of England Pat. 18 Ed. I. M. 14. In the Tenth of this King 7 Mat. West f. 410. n. 50. A. D. 1282. The Welsh surprise the King 's Justitiary Lewelin Prince of Wales and his Brother David on Palm-Sunday night surprised the Lord Roger de Clifford the King 's Justiciary there killed many of his Servants wounded bound and sent him Prisoner to the Mountain of Snowdon committing great Ravages killing the People and destroying a great part of the Marches The King scarce believing the News at first upon better Information sent the Barons of the Exchequer and Justices of the Bench Justiciarios de Banco to Shrewsbury to put the Laws in Execution and followed them with an Army built a large Bridge over the River Conwey of Boats or as the Historian says Ships and possessed himself of the Country about Snowdon and gave many Shares of those Lands to his Barons and others that had faithfully assisted him Over this Bridge many of the Nobles of the King's Army passed out of Anglesey to view and observe the Country who affrighted with the Multitude and Clamour of the Welsh coming upon them hasting to return from whence they came were drowned in their Passage The Welsh incouraged by this Accident which they would have a Miracle non infortunio sed miraculo ascribentes pressed their Prince to Act like a Man of Courage and it would not be long e're according to Merlin's Prophecy he should wear the Crown of Brute Whereupon with a great Army he descended into the Plains and left his Brother David to defend the Mountains Where Edmund the Son of the Famous Roger Mortimer then dead with some other Marchers set upon them and without considerable damage to themselves The Welsh routed Lewlin's Head struck off slew a great number of the Welsh in which Conflict Lewelin's Head was struck off presented to the King and sent to London and set upon the Tower Walsingham 8 F. 50. n. 10 20. A. D. 1283. Relates this Story in the year 1283 the 11th of Edward I. and that this Battle was six days before the Feast of St. Lucy that year and says that the Welsh besieged Rothelan Castle now Radland in Flintshire and that upon King Edward's coming towards them they quitted the Siege and retired Tho. Wikes Reports it in the year 1281 and varies also from the others in the Story it self and whether any of them be true in that or not certain it is they are all false in the time as is evident from the Records hereafter cited The King 9 Append. n. 7. to the Sheriff of Norf. and Suff. Greeting Whereas Lewelin the Son of Griffin and other Welshmen his Accomplices and our Enemies and Rebels have so often in the times of us and our Progenitors disturbed the Peace of England and do still continue in the same Course And for that by the Advice of our Great Men and the whole Community of the Land we propound finally to repress their Rebellion and Instability so as it shall not be in their power to disturb the Peace of the Nation when they please altho it seems to be a very great Charge and Difficult Vndertaking We Command you that you cause to come before us on the Octaves of St. Hillary i. e. Jan. 20. at Northampton or before our Commissioners all those of your Bayliwick that have 20 l. a year and upwards who are able and fit to bear Arms who are not at present with us in our Expedition against the Welsh And Four Knights of each County for the Four Knights summoned to meet for every County For every City Burgh and Mercat Town two Men. Community of the same Counties having full power from them and also of every City Burgh and Mercate Town Two Men Duos homines for the Communities of the same to hear and do those things which on our behalf we shall cause to be shewn unto them c. Witness the King at Rothelan the 24th day of November in the 11th year of his Reign The like Precept was to the Sheriffs of all Counties in England to cause to meet c. at Northampton except to the Sheriffs of Yorkshire Cumberland VVestmerland Northumberland and Lancashire who were Commanded to cause c. to meet at York The like Precept was to the * Rot. Wall 11 Ed. I. M. 4. Archbishop of Canterbury to cause all his Suffragans Abbats Priors and other Prefects of Religious Houses Procurators of Deans and Chapters of Collegiate Churches to come before the King or his Commissioners at the same time and place to hear and do as before and further to give their Counsel and Assistance happily to finish what he had begun to the Praise and Honour of God the Magnificence of his Fame ad magnificentiam nostrae famae to the perpetual Peace and Tranquility of the whole Kingdom Witness as before The like was to the Arch-Bishop of York for the Meeting of the Clergy of that Province at York After this the King wrote 1 Rot. Walliae 11 Ed. I. M. 4. De potestate data petendi procurandi subsidium Regis in Expeditione Regis Wall The King demands a Subsidy and injoins the form of it Pope Nich. died Aug. 22. 1280 and Martin IV. succeeded Febr. 22. the same year Walsingham says it was in the year 1281 and according to Truth to the Venerable Fathers in Christ the Bishops Abbats Priors Deans Chapters of the Cathedral and Collegiate Churches of the Province of York and their Proctors To the Knights Freemen Communities and all others of every County beyond Trent that were to meet on the Octaves of Hillary or 20th of January then near at hand That for the Suppressing of the Welsh c. and Establishing a perpetual Peace in England which he intended with his whole Heart he had given Power to the Arch-Bishop of York and Anthony Bek Arch-Deacon of Duresm his Secretary to ask and procure in his Name according to the Form to them by him delivered and injoined a Subsidy to his Use of his Subjects of every Bishoprick and County beyond Trent plenam damus potestatem petendi procurandi nomine nostro juxta formam per nos eis inde Traditam injunctam subsidium ad opus nostrum c. Commanding and Requiring them to give Credit to what the Arch-Bishop and Anthony should say about the Premisses and to perform what they should propound to them on his behalf Ex parte nostra Witness the King at Rothelan the 6th day of January in the 11th of his
Reign The Welsh affrighted at the Death of their Prince 2 Mat. Westm fol. 411. n. 20. The Welsh deliver up their Castles in Snowdon delivered all their Castles in Snowdon and the very middle of Wales and the Clergy and Laity Clerus Populus granted first a Fifteenth and afterwards a Thirtieth part of all their Goods to the King for an Ayd David the Brother of Lewelin 3 Ibm. And Walsingham f. 51. n. 20 30. f. 52. lin 6. A. D. 1284. David Prince Lewelin's Brother Judicially Condemned c. Wales wholly subdued was taken by the King's Spies and such as he had appointed for that Business who refused to see him when brought to Rothelan Castle altho with great importunity he desired to be brought before him was sent to Shrewsbury and there Judicially Condemned Hanged Drawn and Quartered From this time Wales became Subject to England received it's Laws and the King placed his Sheriffs in it King Edward having undertaken the Croysado for the Holy-Land and by reason of these Welsh Wars and other things he was about to settle in his own Kingdom not being able in his own Person to perform it intended his Brother Edmund Earl of Cornwall for that Service and there being Six years Tenths Six years Tenths granted for the Aid of the Holy Land Collected from the Clergy according to the Canon and Grant of the Second Council of Lions laid up and secured in several Monasteries and other Places for Aid of the Holy Land Pope Martin the Fourth sent Two Preaching Friers into England for the Exportation and Return of this Money by his Agents and Forreign Merchants issued the following Writ to hinder it The King to Edmund Earl of Cornwall Greeting 4 Append. n. 8. The King forbids the Carrying of Money out of the Land to the Pope who sent for it Because for certain Causes we will not that the Six years Tenths Granted by the Clergy of Our Kingdom for the Aid of the Holy Land and now Collected be carried out of the Kingdom We Command that you cause to come before you all the Merchants of London as well those of Companies as others and Injoin and Inhibit them on Our behalf under the Peril of Losing Life Member and all their Goods that they no manner of ways Carry Cause or Permit to be Carried the Money arising from the said Tenths out of the Kingdom and if you find any Merchants or others doing so That you cause them and the Money to be Arrested and safely kept until you receive other Commands from Vs Witness the King at Hertlebury the 24th of May in the 10th of Our Reign The like Command was to the Major and Sheriffs of London and to Stephen Pencestre Warden of the Five Ports And he did not only Issue this Prohibition but sent Commissioners to the Places where it was laid up to see how much there was and to order the safe keeping of it for the right Use 5 Cl. 11 Ed. I. M. 7. Dors de Decima The Priors of Ely and Norwich refused to let the King's Officers see or secure the Money in their Monasteries whereupon he commanded 6 Ibm. the Sheriffs of Norfolk and Cambridgeshire to cause them with 3 or 4 of their Discreet Monks to come to him wherever he was to answer the Contempt Witness the King at Aberconwey in Snowdon the 15th day of June The Two Friers viz. Garnerius and Ramerius de Florentia ordinis Praedicatorum that brought the Pope's Orders for the Return or Transportation of these Tenths brought also his 7 Claus 10. Ed. I. M. 5. Dors litera directa Papae de cruce assumenda The Pope writes to the King about his Voyage to the Holy Land Letters to the King for the taking upon him the Cross and assigning the time of the General Passage of the Christians of all Nations into the Holy Land They pressed the King for an Answer who commended their Prudence very much to the Pope and only wrote back by them That his Holiness should receive Answer by Messengers of his own from Chester the 10th of June By these Messengers 8 Claus 11. of Ed. I. M. 7. Dors Bulla directa Regis super Decima The King sends Answer by his own Messengers who were Robert Dean of York and John Clazel his Chaplain as we are informed by the Pope's Bull to the King about this Matter he desired That the Tenths that were gathered in his Kingdom might be assigned to his Brother Edmund Earl of Campaign and Britany as the Pope there stiles him who was ready to undertake the Cross for the Succour of the Holy Land at the time of the General Passage But the Pope excusing the Delay of his Return to his Petition 9 Ibm. refused to Grant his Request and giving both him and his Brother great Encomiums and many fine Words earnestly moved him to go in his own Person as was expected for the Glory of GOD and his Own Honour This Bull is Dated apud Vrbem Veterem now Orvieto on the 8th of January in the Second year of his Popedom 1283. After this according to the 1 Registrum Peccham f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land Relation in the Pope's Letter or Bull directed to John Peccham Archbishop of Canterbury recited in his Answer to it directed to the Pope The King is Charged with Breaking open the Locks and Seals of the Places where this Money was kept and removing of it whither he pleased to the great Offence of the Divine Majesty and much Contempt of the Apostolick See whereas he ought not to have done it without his License having sent as 't is there said frivolous Letters for his Excuse In which Bull or Letter he Commands him by virtue of his Obedience to go to the King and admonish The Pope sends the Arch. Bishop to Admonish the King and induce him on his behalf ex parte nostra moneas inducas to restore and send the Money back from whence it was taken without any defalcation within the space of a Month and to tell him he would not nor ought to suffer the Holy Land to sustain such a great Loss and that unless he complied with the Admonition he would proceed against him and the Nation according to the Quality of the Fact and as he should think fit Enjoining the Arch-Bishop to give him an Account what he did in this Affair and what the King's Answer was Dated at the same Place as before the 5th of July in the Third year of his Pontificate The Arch-Bishop's Return 2 Ibm. The Arch-Bishop's Account to the Pope concerning the King and the Tenths granted for the Holy Land to the Pope was this Huic igitur Sanctitatis vestrae Mandato vires vota subjiciens reverenter c. In Obedience to your Holiness's Commands I went immediately to the King in the Marches of Wales and
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
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
intent upon this Business 5 Ibm. The King of Scots Confederates with the K. of France he had certain Information That the King of Scots with his Prelates Earls Barons and other Noblemen Communities of Cities and Towns and others of the Chief Inhabitants of the Kingdom had made a Confederacy and League with the King of France against him Sealed with both their Seals and Counter-changed 6 Ibm. For Dispatch whereof the King of Scots at the Instance of his Bishops Earls c. sent four Procurators or Commissioners William Bishop of St. Andrews Matthew Bishop of Dunkeld John de Soules and Ingram de Vmfreville the Sum of the League was First That Edward King John's Son should Marry the Daughter The Articles of the Confederacy of Charles of Valois Earl of Anjou the King of France his Brother Secondly That the King of Scotland in the present War should assist the King of France against the King of England and all Confederates as well by Sea as Land against the Emperor of Germany and others Thirdly That he should at his own Charges make War against the King of England when he was Employed in or Diverted by War in other Places Fourthly That as well the Earls 6 Ibm. Barons Prelates and other Noblemen as far as of right they might and also the Communities of ths Kingdom of Scotland should as soon as they could send him their Letters-Patents under their Seals of their Consent to these Things Fifthly That if the King of England Invaded Scotland the King of France was to make War upon him in other Parts to divert him or if required to send Forces into Scotland at his own Charges until they came there Sixthly That if the King of England went out of his Kingdom or sent many Forces abroad the Commissioners promised that especially in this Case the King of Scotland should enter England with his whole Power as far as he could making War in the Field besieging Towns wasting the Countries and by all possible ways Destroying England Sevently That they should not make Peace on either side without the Consent of the other The League it self and the Procuratory-Letters are to be found in this Record and in Hen. de Knighton Col. 2473. Toward the 7 Ibm. King Edward goes to Newcastle time appointed the King of England prepared for his Journey to Newcastle and sent before him the Abbots of Newminster and Wellebeck to the King of Scots to give him notice of the Adjornment and time of his coming by whom he also Demanded certain Castles in the Marches to be Delivered to him for his own and Subjects security from the present Dangers which when past he should Receive again and that he might so Receive them without Difficulty he sent by the Abbots his Obligatory-Letters for the Performance of his Promise On the First of 8 Ibm. The King of Scots came not March 1296 and the 24th of his Reign the King was at Newcastle and staid there many Days Expecting the King of Scots he came not the King of England moved nearer Scotland to Banburgh and War where he also Summoned and Expected him for some time yet he neither came nor sent to Excuse himself but Returned the Homage and Fealty for himself and all others of the Kingdom to King Edward and Defied him by the After a second Summons he Defies him Following Instrument or Writing TO the 9 9 Ibm. Hen. de Knighton Col. 2477. The Instrument by which he returned King Edward his Homage and Defied him Magnificent Prince Edward by the Grace of GOD King of England John by the same Grace King of Scotland Whereas you and others of your Kingdom you not being Ignorant or having cause of Ignorance by your violent Power have Notoriously and Frequently done grievous and intolerable Injuries Contempts Grievances and strange Damages against us the Liberties of our Kingdom and against God and Justice Citing us at your pleasure upon every slight Suggestion out of our Kingdom unduly Vexing us seising our Castles Lands and Possessions in your Kingdom unjustly and for no fault of ours taking the Goods of our Subjects as well by Sea as Land and carrying them into your Kingdom Killing our Merchants and others of our Kingdom carrying away our Subjects and Imprisoning them For the Reformation of which things we sent our Messengers to you which remain not only unredressed but there is every Day an addition of worse things to them For now you are come with a great Army upon the Borders for the Disinheriting us and the Inhabitants of our Kingdom and proceeding have inhumanely committed Slaughter Burnings and violent Invasions as well by Sea as Land We not being able to sustain the said Injuries Grievances and Damages any longer nor to remain in your Fealty or Homage extorted by your violent Oppression we Restore them to you for our Self and all the Inhabitants of our Kingdom as well for the Lands we hold of you in your Kingdom as for your pretended Government over us 1 Ibm. Knighton says this Letter was without Date 2 Walsingham 1 Ib. 2. f. 66 n. 20. says it was sent about the beginning of April when the Guardian and Lector of the Frior Minors of Roxburgh brought it to the King Before this Restitution of Homage and Fealty the Scots sent 3 Knighton ut supra col 2477. n. 20. to Rome to have Absolution from their Oaths and Homage and upon false Suggestions made to Pope Celestin they were absolved by his Bull. Deinde Scoti miserunt ad Curiam Romanam pro absolutione habendâ de Juramento suo praestito Regi Angliae de Homagio suo illi facto per falsam suggestionem factam Celestino Papae sunt absoluti per Bullam Papalem This is a true Abstract of the 4 In fine Rotuli Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Chamberlains of the Exchequer in the 3d Treasury at Westminster in a long Painted Box in a great Wooden Chest the Original Roll or Record of the Superiority of the Kings of England over the Kingdom of Scotland and of the Homages and Fealties of the King and Kingdom of Scotland in the 19th 20th 21st 22d 23d of Edward the First A. D. 1291 1292 1293 1294 1295 containing 34 Membranes or Skins of Parchment drawn up by Andrew sometimes Clerk to William de Tang and Publick Notary by the Popes Authority who was present with the Witnesses to every Act who were the best Men of both Kingdoms heard and saw the things done and signed every Membrane with his usual Mark or Sign now remaining in the Tower of London and Printed at large from the Roll in Mr. Pryn's Second Volume of the History of King John Henry III. and Edward I. Not known to any of our Historians and therefore the Truth of these Transactions not understood which makes a considerable part of the History of his Reign And this Record
Rot. 73 penes Remem Regis in scacar to Require and Induce them to pay a certain Sum charged upon or demanded of them toward the War which at this time was a sixth part of their Goods which was required first and granted in London as an Example to other Places The Commissions for all Counties in England bear Date the 21st of Novemb. 23d of Ed. I. The King wanting more Money to carry on the War against France in his 7 Claus 23. Ed. 1. M. 3. Dors. Dated Sept. 30. Summons to Parlement Writ of Summons directed to Robert Winchelsey Arch-Bishop of Canterbury to a Parlement to be holden on the Sunday next after St. Martin or the 10th of November told him That he could not but sufficiently understand since it was known all the World over That the King of France had fraudulently surprised Gascony and not content therewith had provided a Navy and Army to invade England and destroy the The King of France provides a Fleet and Army to Invade England Nation and Language if his Power were answerable to his Detestable Purpose To prevent these Dangers and Designed Mischiefs this Parlement was called but it sat not on that day the King being busied at Winchelsea in Equipping his Fleet for the Defence of the Kingdom and so could not be there and for this cause as 't is said in the 8 Ib. M. 2. Dors de parliamente prorogando Writ it self it was Prorogued before meeting unto the Sunday next before St. Andrew which was in the 24th of his Reign the 23d ending November 16th In a short time the Clergy gave the King a Tenth of all their Moveable Goods toward Maintaining the War The Earls Barons and Knights and others of the Kingdom Comites Barones Milites omnes alii de Regno in subsidium Guerrae nostrae gave an Eleventh part of their Moveable Goods Nobis 9 Pat. 24 Ed. I. M. 22. De undecima septima levand Colligend undecimam fecerunt c. And the Citizens Burgesses and good Men of his Demeasn Cities and Burghs granted him a Seventh part c. Et Cives Burgenses alii probi homines de Dominicis nostris Civitatibus Burgis septimam nobis concesserint c. The Writ for Levying and Collecting this Seventh and Eleventh is dated Decemb. 4. very few days after their meeting in the 24th of his Reign The King of Scots by the Instigation of his People taking advantage The Scots take advantage by this War with France of this Rupture between England and France obstructed the Vigorous Prosecution of the War against the French and thinking to Disingage himself and them from the Power of King Edward behaved himself and suffered as hath been related before in its due place The 1 Walsingh f. 62 63 c. And also the Welsh Welsh these two or three last Years having as they thought opportunities by King Edward's being Diverted by his Wars with France and Scotland attempted several times under divers Leaders to Free themselves from Subjection to the English were at length reduced to perfect Obedience * Fol. 325. A. D. 1295. Mezery the French Historian says both these Nations put themselves in Arms against King Edward by the Instigation and Procurement of the King of France Immediately 2 Walsingh f. 68. N. 30 40. after the King and whole Kingdom of Scotland upon their Defections were reduced to obedience and had the second Time done Homage and sworn Fealty to King Edward as we have heard before he issued his Writs for a Parlement to be holden at St. Edmunds-Bury on the Morrow of All-Souls or Parlement at St. Edmonds-Bury A. D. 1296. Third of November Dated the 26th of August in the 24th of his Reign at Berwick upon Tweed 3 Append. N. 16. In that directed to the Archbishop he tells him That he the other Prelates and Clergy late assembled at Westminster when they Granted the Tenth of their Rents and Benefices for the Defence of the Kingdom until the Feast of St. Michael then next coming which Grant was accepted by him in hopes of a more plentiful Aid for the future from him and others which they promised should be sufficient for the same Cause unless in the mean time there was a Peace or Truce made between him and the King of France Therefore he enjoined him to be with his Prior Archdeacon and Procurators of the Clergy at Bury at the time appointed to order the Quantity and Manner of the Subsidy The Writs to the other Bishops the Abbots c. were like to this Those to the Noblemen and Sheriffs were only to Treat about the Dangers impending upon the whole Kingdom and Remedies to prevent them In this Parlement the Citizens and Burgesses gave an Eighth Part of their Goods the rest of the Laity granted a Twelfth Part the Clergy Nothing by reason of a Constitution made that Year and Published by Pope Boniface 4 Walsingh Ut supra N. 40 50. The Clergy deny the King a Subsidy He Summons another Parlement A quo Parliamento a Civitatibus Burgis concessa est Regi octava a populo vero reliquo i. e. a Comitibus Baronibus Militibus Duodecima pars bonorum Clerus ob constitutionem Bonifacii Papae hoc Anno editam c. Regi pro Guerra sua subsidium petenti Denegavit The King in hopes of a better Answer deferred this Business to be treated on in another Parliament to be holden at London on the morrow of St. Hilary January the 14th In the mean time * Mat. West fol. 428. N. 30. The K. shut-up the Barns and Granaries of the Clergy the King caused to be shut up and secured all the Barns Granaries and Store-houses of the Clergy and the Archbishop sent the Pope's Bull to be published in all Cathedrals forbidding under the Pain of Excommunication any thing to be paid to Secular Princes out of Ecclesiastick Revenues The Bull or Constitution runs thus Boniface c. For the Perpetual 5 Append. N. 17. Pope Boniface his Bull. Prohibiting the Clergy to pay Taxes to Secular Princes Memory of the Matter c. 't is often delivered from Antiquity that Lay-men are spiteful to Clergy-men and the Experience of the present Times manifestly declares it while not content with their own Bounds they strive after what is forbidden and let themselves loose to do Evil not wisely attending that for them to have any power over Clercs or Ecclesiastick Persons and their Goods is prohibited yet they impose grievous Burthens upon Prelates and Ecclesiastics Regular and Secular they Tax them and Exact and Extort from them a half Part a Tenth a Twentieth or some other part of their Revenues and Goods endeavouring many ways to bring them into Servitude and under their Power And with Grief we relate some Prelates and Ecclesiastics fearing where no fear is seeking transitory Peace fearing more to offend Temporal
the Report of all Historians and as the Monk of 3 Fol. 429. n. 30. The Clergy put out of Protection Westminster says the Clergy were also put out of the King's Protection and so as the Lawyers were prohibited to plead for them before the Barons of the Exchequer or any Temporal Judge and that all in Orders were commanded freely to pay to the King the Fifth part of their Revenue or quit their Estates Sponte offerre sibi suorum proventuum quintam partem aut invitè cedere omnibus Bonis suis The first that complied and obeyed this Command were some Shaveling Prelates in Court but in the Cure of Souls manifest Pirates that they might bring in others to the like Compliance The Monk thinks he Latines this very sharply and wittily 4 Ibm. Huic mandato primitus obtemperaverunt quidam Tonsorati in Curia Regali Praelati in Cura vero animarum Pilati manifesti ut inducerent pari modo animos caeterorum However it was before this Writ issued the Clergy especially The Clergy of the Province of York comply with the King and receive his Protection of the Province of York and more particularly of the Dioceses of York and Carlisle having great Apprehensions of the King's Anger and their own Condition by early application and granting the Fifth of their Benefices and Goods for the Defence of themselves and their Churches against the Invasion and Attempts of the Enemies of the Kingdom obtained his Protection 5 Append. n. 19. for themselves Tenents Lands Rents Goods and all their Possessions whatever which were to be protected maintained and defended from all Injury Trouble and Damage until the Feast of All-Saints next This Writ of Protection bears Date at Walsingham Febr. 6. in the 25th of his Reign and only by Privy Seal but on the 18th of the same 6 Ibm. month passed the Great Seal by Warrant from the King The same 7 Append. n. 20. Protection was given to the King 's beloved Clerk Iterius de Ingolisine Arch-Deacon of Bath his Tenents Many others submit and receive the King's Protection Lands Rents and Possessions and for the same time that is unto the Feast of All-Saints Dated at Kings-Langley in Hertfordshire the 18th of February and the same was granted 8 Ibm. to John de Melingham Lambert de Trikingham John de Lacy Radulph de Staunford John de Drokensford and an Hundred and twenty others dated at the same time and place and to as many as would submit and seek for them Besides these Writs of Security and Protection to such whose Writs of Restitution granted to the Clergy Lands were not seised nor Goods taken he also granted Writs of Restitution to those whose Lands and Possessions had been seised and their Goods taken As for Example take one 9 Append. n. 21. for many which was granted to the Prior and Brethren of the Hospital of St. John's of Jerusalem in England Dated at Ambresbury in Wiltshire the 25th of February in the 25th of his Reign Great Numbers of other Writs of Protection and Restitution granted to Bishops Parsons Vicars Abbats Abesses Priors Friers and other Ecclesiastick or Religious Persons may be seen and perused in the Close Roll 25 Ed. I. M. 22. to M. 26. Many there were that through Negligence or want of Satisfaction They enter into Recognisances to save their Estates concerning the King's Proceedings or to avoid Trouble or some other Cause had not complied and taken out their Protections these the King by his especial Favour as he says in the Writ admitted to enter into Recognisance to pay the Fines or Composition set upon them by one Knight and the Sheriff of the County his Commissioners and so their Estates and Goods were free from seisure Others there were that invented and spread News amongst the People by which Discord might happen between the King and his Prelates Earls Barons and other Great Men to the Disturbance of the Peace and Subversion of the Kingdom who also publish Admonitions and Excommunications against the King's Officers for seising and taking the Lands and Goods of those as refused to pay Taxes and such as had Complied and Received the King's Protection The Writs or Commissions themselves Translated from the French 1 Append. n. 22. Record with the Proceedings thereupon do here follow Edward by the Grace of God c. To Monsieur Adam de Wells and the Sheriff of Lincoln Greeting Whereas of late we have conceived The Writs or Commissions for taking Recognisances of the Clergy Displeasure and Indignation against some Clerks of holy Church not without their desert who being within our Realm and under our Protection wholly refused to give an Aid for the Defence of the whole Realm and the English Church We knowing they are not sufficiently mindful or knowing of the Perils which may happen to the whole Realm and Church of England through their default willing to do them special favour at this time tho they deserve it not have assigned you both or one of you if both cannot meet together to receive in our Name Recognisances of Prelates and others of holy Church whatever they be in the County aforesaid according to their Estates who will have our Protection in the Form that is sent and enjoined you by us and to certifie our Chancellor of the Names of those that have made such Recognisances and to certifie also the Treasurer and Barons of the Exchequer of such Recognisances having been received so as nevertheless the Recognisances be made between this and Easter next and not after And hereby we Command you to do the things aforesaid according to the Form here-under directed In Witness whereof we have caused to be made these our Letters Patents to be in force for the time abovesaid Given at Clarendon the first day of March in the 25th of our Reign The Second Writ or Commission Edward c. To Monsieur Adam de Wells and the Sheriff of The second Writ or Warrant for the apprehension of Inventors or Dispersers of News Lincoln Greeting We perceiving that Inventers of News by which Discord may arise between us and our Prelates our Earls or Barons and our other Great Men tending to the Disturbance of our Peace and Subversion of the Kingdom making themselves ready with mortal Enmity and force of Arms to assault the Realm not willing to let such Malice pass without Restraint We assign you to enquire and search by all ways you can for Malefactors and Disturbers of our Peace and Dispersers of News or such as do or would hinder the execution of our Commands or give or publish Sentence of Excommunication And Publishers of Excommunication against the King's Ministers and Subjects privately or openly against our Ministers and Subjects or Adherents for Executing our Commands for the Profit of our Realm or against Persons of holy Church that have put themselves under our Protection for to
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
Kingdom who marching 2 Wals f. 87. lin 3. with a small Party towards Edinburgh the Scots who lay in Ambuscado wounded and took him with several others but a fresh Party coming up rescued Taken Prisoner and rescued and took him from those that had him Prisoner Next Year on the 10th of January A. D. 1303. beginning A. D. 1303. Pryn's Ed. I. 1020 the Year at Christmas as Walsingham always doth 3 the King of France willing to leave the Scots out of the Treaty and conclude a Peace with England King Edward gave his Letters Patents or Commissions to Amadeus Earl of Savoy Henry de Lacy Earl of Lincoln and Otto de Grandison or any Two of them dated at Odyham January 10. 3 Pryn's Ed. I f 1020 The Truce with the King of France prolonged 31 Ed. I. A Peace between the two Kings to Prorogue the Truce between him and the King of France their Kingdoms and Subjects and to settle a firm and perpetual Peace between them their Heirs and Successors against all Persons but the Pope and Church of Rome and also to the same Persons and Bishop of Worcester gave Commission on the 2d of March in the same Year to the same purpose who Treating with the Dukes of Burgoine and Britan and other Commissioners of the King of France concluded a firm Peace between the Two Kings and their Realms 4 Ibm. The Scots left out of it leaving the Scots out of the Treaty For the Confirmation whereof the King made his Letters Patents and Sealed them at the Town of St. John's or Perth in Scotland June 10. A. D. 1303. in the 31st of his Reign All the Procurations Patents and other things concerning this Peace and the Articles themselves are in a special Roll in the Tower which at the writing hereof I could have no opportunity to peruse Upon this Treaty and Peace 5 Mat. West f. 446. n. 20. Gascoigny restored to King Edward The Revolt of Flanders the cause of this Pâ—ace Gascoigne was restored to King Edward with all its Rights and Liberties as he possessed it before the beginning of the War The Revolt of Flanders from the Subjection of France which had been subdued when King Edward by reason of the Domestick Troubles and Confusion of his own Affairs at home was not able to assist the Flemmings 6 Ibm n. 30. Mezeray's Hist Fr. f. 330. contributed much to the advancement of this Peace for the French attempting to regain Flanders were every where beaten and their Armies routed and in all their Attempts had ill Success This Year the Scots armed again under the 7 Wals f. 86. n. 40. f. 87. n. 10. 20. 31 Ed. I. The Scots arm again under W. Waleys They crave Peace and have their Terms granted Sterling-Castle besieged Conduct of William Waleys and the King summoned his Militia to be at Roxburgh in Scotland on Whitsunday from whence by small Marches he went through the whole Kingdom to Cathness no Force opposing him The Scots finding they were not able to resist sent Mediators and humbly craved his Peace and that they might be permitted to compound for their Estates with them to whom they had been given both which the King granted In his Return from the North passing it by as he went he besieged Sterling-Castle which was defended against him and staid all Winter at Dumfermling not far from thence Mat. Westminster says the Great Men of Scotland as well Earls as Barons 8 f. 446. n. 40. 50. Magnates Regni Scotiae tam Comites quam Barones being wholly reduced and overcome submitted themselves to the Will of the King of England who admitted them to his Grace and Mercy imposing upon them a pecuniary Mulct appointing them Days and Years and certain Times for the payment of it This Year on the 9 Ibm. f. 447. N. 30. Pope Boniface thâ— 8th dies 12th of Octob. died with Grief and Anguish of Mind Pope Boniface VIII after he had been 1 Walsing F. 87. N. 20. f. 89. n. 10. Benedict the 11th Chosen accused by the King of France of Heresie Simony and Murder imprisoned and plundered of all his Goods and the Bishop of Ostia was chosen Pope by the Name of Benedict XI After Winter the 2 Ibm. f. 89. N. 40. King went in Person to the Siege of Sterling Castle when it was briskly plyed with Engines yet they within made a good Defence but being very hard pressed by the Besiegers the King being there all the time the Castle was Sterling Castle yielded upon Discretion A. D. 1304. 32 Ed. 1. yielded upon Discretion on St. Magaret's Day or 20th of July the Governor whereof William Olifard who had surprized it was sent to the Tower of London and others to divers Castles The King 3 Ibm. N. 50. John Segrave appointed Guardian of Scotland having thus subdued Scotland according to his Mind returned into England appointing John de Segrave Guardian of it and when he came to York 4 Ibm. The Kings-Bench and Exchequer removed to London removed the Courts of Kings-Bench and Exchequer which had been there seven Years to their old Place at London On the Seventh of July this Year died 5 Mat. West f. 448. lin 7. A. D. 1304. 32 Edw. 1. The Cardinals Nine Months in chusing a Pope Pope Benedict and in nine Months the Cardinals could not agree about the Choice of another at length they unanimously chose the 6 Ibm. f. 451. N. 10. Archbishop of Burdeaux Bertram de Angeous upon Whitsunday the Year following by the Name of Clement the Fifth Toward the latter End of the Year of the Lord 1304. and within three Months after the Beginning of the 33d year of the Reign of the King we find it Recorded upon what Terms the Scots made their Submission after their last Insurrection the Title of the Record is The Terms given to and accepted by John Comyn his Aydants and Assistants were these following in this Form These are the Things agreed on * with Monsieur Richard de Ryleys Placita Parliamentar f. 369. from the French Record there Burgh Earl of Vlster Monsieur Aymer de Valence Seigneur de Montignak Monsieur Henry de Percy Knights and John Benstede Clerk on the Part of King Edward and John Comyn of Badenagh for Himself and his Aydants of Scotland as well those that were out of it as within it For the Faithful Keeping and Observing whereof the said Earl Aymer Henry and John de Benstede in The Terms of Peace given to and accepted by the Scots the Name of the King and the said John Comyn Monsieur Edmund Comyn de Kilbride Monsieur John de Graham Monsieur John de Vaux Monsieur Godfry de Roos Monsieur John de Maxwell the Elder Monsieur Peter de Prendregyst Monsieur Walter de Berkeley de Kerdaau Monsieur Hugh de Erth Monsieur William de Erth Monsieur James de Roos and
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
and Burgesses gave their new King a Fifteenth part of their Goods and the other Laicks a Twentieth I find not what was further done here in England in the first Five months of his Reign other than That his great Favourite Peirs de Gaveston returned into England his 4 App. n. 43. Peirs de Gavesion returned into England Exile and the Obligation of his Oath not to come over unless recalled by or had Leave to come from King Edward the First having been both determined by his Death And also the Oath which King Edward made when Prince of Wales at the same 6 Ibm. time That he would not Receive or Retain him without the Leave of his Father How long he had been in England and how long Earl of He is made Earl of Cornwall and Guardian and Lieutenant of the Kingdom Cornwall before the 26th of December in the first year of King Edward's Reign I have not seen On that day being at Westminster he made him by the Name and Title of Peter de Gaveston Earl of Cornwall his 7 Append. n. 48. Guardian and Lieutenant of the Kingdom for the better Conservation of the Peace and Quiet thereof while he should be beyond the Seas or during his Pleasure And on the 18th of January following being then at Dover 8 Ib. n. 49. The great Power given to him he gave him Power to grant Licences of choosing Pastors of Cathedral and Conventual Churches to take their Fealties when Elected and Confirmed and restore the Temporalities to give Prebends and vacant Benefices which were of his Collation or Presentation and dispose of Wardships and Marriages which might happen in his absence On the 19th of January he 9 Cl. 1 Ed. II. M. 11. Dors summoned a Parlement to meet at Westminster on the first Sunday in Lent being then at Dover but of it there are no Memoires in the Tower or other-where that I have seen Then the King passing over Sea on the 28th of the same month was 1 The. de la Moor f. 593. n. 10. Married to Isabel Daughter of Philip the Fair King of France at Bologne with wonderful Pomp and Celebrity there being at the Solemnity Four Kings and Three Queens besides the Bride and returning into England they were both 2 Cl. 1 Ed. II. M. 10. Dors Crowned at Westminster on the 24th of February where the Earl of Cornwall excelled all the Company in rich Cloaths and Ornaments and carried the Royal Crown 3 Ib. de la Moor ut supra n. 20. before the King which much increased the Envy of the Nobility against him He was the 4 Son of a Gasconian Knight who had done Who Peirs Gaveston was 4 Frier John Trokelow's Annals of Ed. II. f. 192. col 2. â— in Biblioth Cotton Claudius D. 6. Edward the First great Service in the Wars of that Country and in respect thereof he ordered him to be Educated with his Son the Prince which made the great familiarity between them Sir Tho. de la Moor Servant to Edward the Second gives him this Character 5 That he had a fine Body was of a quick and sharp Wit curious in his Behaviour and sufficiently Skilful 5 Ut supra in Military Affairs which appeared as he says by his Management of and keeping in due Subjection the Scots when he commanded the English Forces in that Kingdom for which he was envied by those who saw his happy Success By reason of the King 's extravagant Favours toward and in The Nobility much moved by the King's favour to him conferring Honours and Lands upon him especially after he had Married his Niece Margaret Sister to the Earl of Glocester with his receiving him into so great Intimacy and making him Chief Minister as may be supposed according to the Report of all our Historians the Nobility were much moved who pressed and advised the King he might avoid the Realm which not being done so soon as was expected the King declared 6 Pat. 1 Ed. II. M. 10. to all such as should see or hear his Letters Patents That for no cause whatever he should be permitted to stay in England longer than the Morrow of St. John Baptist according as it had been advised by the Prelates Earls and Barons and agreed to by himself Given at Westminster the 18th day of May. Accordingly he was sent into Ireland and made the King's He is made the King's Lieutenant in Ireland 7 Pat. 1 Ed. II. M. 3. in Cedula An. D. 1308. Lieutenant there to Direct and Act in all things in his Name as if he had been himself there present Witness the King at Reding 16 die Junii But long he stayed not there for in the Second year of the King he procured a Tournement to be proclaimed at 8 Walsingh f 96. n. 50. A. D. 1309. The Nobility contrive how to destroy him Waling ford and called thither so many Military Men out of Foreign Parts that he insulted over the English Nobility who came to meet them amongst whom the chief were Thomas Earl of Lancaster Humphry de Bohun Earl of Hereford Aymer de Valence Earl of Pembroke and John Earl of Warren and Surry who being much displeased and hardly bearing the Pride of Gavestan and the Reproach they received every day considered and contrived how they might destroy him De die in diem quomodo Petrum perderent cogitabant The Prelates Earls and Barons taking advantage of the King 's continued Exorbitant Kindness to him and heaping upon him so great Riches and Estates to the disadvantage of the Crown and lessening the Revenues thereof and the great Power he had with him and being thereby as may probably be concluded the great Obstacle to the Execution of their Designs formed against They press the King to give them a Commission to choose Ordainers to make Ordinances for the Government of his Houshold and Kingdom the King's Father and himself were impatient till they had removed him never to return again and to do this they daily pressed the King to give them Authority to choose such amongst them that might have Power to make Ordinances for the Government of his Houshold and Kingdom which at length they obtained and had this Grant or Commission for the making of them THE 9 9 Append. n. 50. A. D. 1309. 3 Ed. II. The Commission for that purpose King to all those who shall see or hear these Letters Greeting Whereas to the Honour of God and for the good of us and our Realm we have of our free Will granted to the Prelates Earls and Barons of our Realm that they may choose certain Persons of the Prelates Earls and Barons and others whom they think fit to call to them during the time of their Power that is to the Feast of St. Michael next coming and from that Feast for a year next following to Ordain and Establish the Estate of our Houshold
of Scotland to his Obedience and took in most of the English Garrisons some by Force others upon Terms some one Year some another Having taken Edinburgh he sent his Brother Edward to besiege Sterling Castle in which was Philip Mowbray a Stout and Provident Governor who taking notice of the Success of the Scots had exceedingly Fortify'd and Victualed it Edward Brus after some time lying before it despaired of taking it by Force and both sides agreed on these Conditions 6 Ibm. n 80. That if the English did not Relieve the Castle within a Year from the Day of the Treaty it should be Delivered to the Scots and that the Garrison should have safe Conduct to go whither they would with all their Goods The next Spring the Scots came into the Marches or Borders A. D. 1314. 7. Ed. II. and made great Ravages and Slaughters there and to suppress their Insolencies secure the Borders from their Cruelties and drive them back the King summoned the Militia to 7 Claus 7 Ed. II. M. 8. Dors The Earls of Lancaster meet him at Newcastle upon Tine 3 Weeks after Easter and march from thence against his Enemies and all that ought him Service came But the 8 Trokelow f. 198. a. col 2. Wals f. 104. n. 50. Warwick and Arondel refuse Earls of Lancaster Warwick Warren and Arondel who refused their Service because the King had not effectually observed or put the Ordinances in due execution without them The King 9 Ib. f. 105. lin 1. c. to serve the King against the Scots The Battel of Bannocks-bourn marched with a numerous and glorious Army to the Relief of Sterlin-Castle where he received a mighty Overthrow on the Eve and Day of St. John Baptist or 24th of June In this Battel which is called the Battel of Strivelin or Bannocks-Bourn because Fought near Sterlin and by the Brook or River Bannock was slain Gilbert Earl of Clare and several other Noble-men many Knights and Banerets and a great number of ordinary Men and many of all sorts taken Prisoners the King hardly escaping The Particulars of this Fatal Fight may be seen in most of our Historians 1 Froys vol. 1. c. 6. f. 2. a. col 2. There was great murmuring after this Defeat the Barons whereof the Earl of Lancaster was Chief put it upon Hugh Spenser the Younger that by his Advice the Field was lost and that he was favourable to the King of Scots In the Parlement holden at Westminster eight days after St. Hilary or 20th of January in the 8th of his Reign per Petitionem 2 Rot. Parl n. 35 36. A. D. 1314. Archiepiscoporum Episcoporum Comitum Baronum aliorum de Communitate Regni coram nobis consilio nostro exhibitam c. by a Petition of the Arch-Bishops Bishops Earls Barons and others of the Community of the Kingdom exhibited to the King and his Council That Oxen Cows Muttons Hogs Geese Hens Capons Chickens Pigeons and Eggs were intolerably dear it was enacted and proclaimed in every County That the best Ox not fed with Grain should be sold for 16 s. and no more and if he were fed with Corn then for 24 s. at most The best live fat Cow for 12 s. a fat Hog of two Years old for 3 s. 4 d. a fat Wether or Mutton unshorn for 20 d. and shorn for 14 d. a fat Goose for 2 d. ob a good and fat Capon for 2 d. a fat Hen for 1 d. two Chickens for 1 d. four Pigeons for 1 d. and twenty four Eggs for 1 d. And those that would not sell these Things at these Rates should forfeit them to the King This Parlement 3 Append. n. 60. The People in Stafford Shropshire refuse to pay a 20th part Granted by Parlement gave the King a 20th Part of their Goods or Moveables which in Stafford and Shropshire some dissatisfied People refused to pay and hindred the Collectors appointed by the King from gathering of it 4 Ibm. The Pretences of their Denial pretending it was granted upon certain Conditions to wit That he should cause the Great Charter of the Liberties of England the Charter of the Forest the Ordinances made by the Prelates Earls and Barons and the Perambulation of the Forests to be observed which had not then been duly put in execution At which the King was much surprized and displeased seeing he had commanded them to be observed and had assigned Commissioners in all Counties to make the Perambulations 5 Ibm. Therefore that he might be throughly satisfied about the Nature of the Action and have the Names of the Actors he appointed one of his Clerks with the Collectors Commissioners appointed to enquire about their Pretences to make enquiry by themselves and if it were needful by the Oaths of lawful Men of those Parts of all Particulars concerning the same and certifie him distinctly of them In the 9th of his Reign in the Parlement at Lincoln 6 Rot. Parl. n. 1. A. D. 1315. The cause of Summons to Parlement deferred to be declared because the Earl of Lancaster and other Great Men not come holden 15 Days after St. Hilary the King deferred the declaring the Business of the Parlement because Thomas Earl of Lancaster and other Great Men were not then come according to whose Advice he intended to proceed yet on 7 Ibm. The Chancellor and Justices of both Benches enjoined â—obâ—ing in their Briefs of such Causes â—s could not be determined ouâ— of Parlement The Scots disobedient to K. Ed. II. Wednesday next after the Quinden of Hilary the Chancellor Treasurer and Justices of both Benches were enjoined to bring in Briefs of such Matters depending before them in their several Places which out of Parlement could not be determined that here in this Session they might do in such Cases what ought to be done On the 12th of February being Thursday the Earl of Lancaster and other Great Men being present the cause of Calling the Parlement was declared being for their Advice and Assistance against the King's Enemies the Scots who had possessed themselves of the greatest part of that Nation and disowned their Obedience 8 Ibm. beseeching and enjoining the Prelates Noblemen and other his Liege Subjects being there to advise and assist him Supplicans injungens Prelatis Proceribus caeteris Fidelibus Subditis suis ibidem existentibus ut sibi in praemissis consulerent facerent sibi auxilium oportunum After this it was agreed 9 Ibm. That the Prelates and Noblemen Prelati Proceres should meet on the morrow being Friday to treat of Parlement Business they met that Day and discoursed of many things and it was agreed and commanded by the King Concordatum fuit per Regem preceptum they should meet the next day to treat of the same Matter 1 Ibm. The Prices of Victuals revoked when they agreed the Proclamation
about the Prices of Oxen Cows Sheep Geese Hens and other Victuals set the last Parlement should be revoked and that they should be sold as formerly at reasonable Rates The reason of this says Walsingham was 2 Hist f. 107. n. 20. because after the Price set in Parlement they were much dearer On Tuesday following the King by the Bishop of Norwich promised to 3 Rot. Par. ib. n. 1. The King promiseth to observe the Ordinances observe all the Ordinances formerly made by the Prelates and Great Men per Prelatos Proceres and also the Perambulations of the Forest made in his Father's time saving to the King his Reasons against them salvis Regi Rationibus suis contra Perambulationes and thereof Writs were made accordingly On the Friday next coming 4 Ibm. Soldiers how raised and paid against the Scâ—â—s the Great Men and Community of the Kingdom Magnates Communitas Regni Granted to the King in Aid of his War with Scotland of every Town in the Kingdom one Stout Footman except in Cities and Burghs and the King's Demeasns and these Footmen were to be armed and furnished with Swords Bows Arrows Slings Lances and other Armour fit for Footmen at the Charge of the Towns and their Expences to be paid until they came at the Place of Rendezvous and their Wages for 60 Days after and no longer if the King's Service required it at 4 d. the day and Market-Towns that were further able to be charged with Men were so to be charged the King promising to give his Letters to the Great Men and Community of the Kingdom Magnatibus Communitati Regni and to their Heirs That this Grant should be no Precedent nor drawn into Example for the future The same Day the King by Advice of the Prelates and Great Men Consilio Praelatorum Procerum ordered the 5 Ibm. whole Service due to him i. e. all the Horse of England to be Summoned for this cause to be at Newcastle upon Tine 15 Days after Midsummer The Citizens Burgesses and Knights 6 Ibm. n. 2. Cives Burgenses Milites de Comitatibus qui venerunt ad Parliamentum then Granted the King in Aid of this War and Expedition a 15th Part of all the moveable Goods 7 Ibm. Civium Burgensium Hominum de Civitatibus Burgis de Dominicis Regis of Citizens Burgesses and Men of Cities Burghs and the King's Demeasns which they had at Michaelmas then last past On Shrove-Tuesday in the Parlement 8 Ibm. n 3. The King had a sincere good will toward the Earl of Lancaster and other Great Men. the Bishop of Norwich on behalf of the King moved the Earl of Lancaster to put away all Doubting he might have of him for that he had a sincere Good-will towards him and the other Great Men erga ipsum alios Proceres Regni sui and held them to be his Faithful Liege-men and told him the King desired to have him the Chief of his Council requesting him 9 Ibm. ex parte Domini Regis Praelatorum ac Procerum Regni ibidem existentium on behalf of the King Prelates and Great Men there present to take upon him to assist and advise in the Affairs of King and Kingdom The Earl thanked the King and and humbly requested time to deliberate humiliter supplicavit quod ipse possit deliberare and then answer Which he did in a very short time and was Sworn of the King's Council in the Form following Whereas our Lord 1 Ibm. n. 4. King Edward by the Grace of God King of England hath with the Prelates Earls and Barons of the Land 2 Ibm. this number only in French upon the Roll. avesques Prelates Countes e Barons de son Terre in full Parlement requested his dear Cousin Monsieur Thomas Earl of Lancaster that he would be Chief of his Council in all Great and Weighty He requested the Earl to be Chief of his Council Affairs touching himself and his Realm with other Prelates Earls and Barons which may between the King and himself take care that he may be for the Profit of him and the Realm The said Earl for the great Love he had for his Lord the King and for the Common Profit of the Kingdom and the Ordinances 3 Ibm. The Earl complies upon such Terms as he might Govern the Kingdom qil ad sur merci enterement Grante a teniz which he had upon favour entirely granted to observe and the right Laws to maintain in all Points and in hope to make Amendments in such things as had been ill done in his Court and the Estate of his Realm did grant to be of the King's Council with the Prelates Earls Barons so as at the Hour the King shall not do according to his Directions and others of his Council concerning the Matters of his Court and Kingdom after such things have been shown him and he will not be Governed by the Council of him and others the Earl without Evil Will Challenge or Discontent may be discharged from the Council and that the Business of the Realm concerning him shall not be done or performed without the Assent of him and the other Prelates Earls and Barons which shall be ordained or appointed to advise him 4 Ibm. saunz Assent de luy des autres Prelatz Countes Barous qi de luy Conseiller serront ordenetz And if any of the Prelates Earls and Barons shall advise the King or do other thing which shall not be for the Profit of him and his Realm then at the next Parlement by the Advisement of the King and his Friends 5 Ibm. solone lavisement nostres Seigneur le Roy le seon they shall be removed and so it shall be from Parlement to Parlement as to them and every of them according to the Faults found in them In Witness whereof this Bill was to be entred on the Parlement-Roll ceste Bille entre en Rouelle de Parlement And then it follows Billae 6 Ibm. The Instrument by which he was made Chief of the Council entred upon the Parliament-Roll predicta formam continens supra scriptam liberata fuit Willielmo de Ayremin Clerico c. The foresaid Bill containing the Form above written was delivered to William Ayremin Clerc by the hands of the Lords Walter of Norwich and Bartholomew de Badlesmer commanding the said William by Order of the King to inroll it Word for Word Over the Army above-mentioned raised by the Parlement against the Scots the Earl of Lancaster was made 7 Rot. Scot. Ed. 2. M. 6. The Earl of Lancaster made General of the Army against the Scots and Lieutenant of Scotland General and the King's Lieutenant in Scotland but what great things he did with this Army or by his Lieutenancy it appears not in any History I have met with Next Year the Pope sent two 8 Rot. Claus 10 Edw. II. M.
and Arms 15 days after the King had begun and holden his Parlement when they made the Award against the Two Spencers and concealed it from the King who knew nothing of it until the Hour they came with it to Westminster with Force and Arms so as the King could not hinder the passing of it which was to this effect To the Honour of God and Holy Church and of our Lord the King for the Profit of him and his Realm and to maintain Peace amongst his People and the Estate of the Crown the Prelates Earls Barons and other Peers of the Land and Communes of the Realm do shew against Sir Hugh le Despenser Father and Son That whereas Sir Hugh the Son at the Parlement at York 7 3 Weeks after Michaelmas Claus 12 Ed. II. M. 28. in cedula was Named and it was there Agreed he should be Chamberlain to the King in which Parlement it was Agreed That certain Prelates and other Great Men should be with the King by turns at several Seasons of the Year the better to advise him without whom no great Business ought to pass The said Sir Hugh the Son drawing to him his Father who was not by Order of Parlement to be near the King or to be one of those Counsellors between them both have usurped Royal Power over the King and his Ministers and the Government of the Kingdom to the Dishonour of the King the Injury of the Crown and Destruction of the Kingdom Great Men and People and have done the Wickednesses under-written in contriving to turn the Heart of the King from the Peers of the Land that they may have the sole Government thereof 1. That Sir Hugh the Son made a Bill or Writing whereby he would have had Sir John Gifford of Brimmesfield Sir Richard de Greye and others entred into a Confederacy to have forced the King to do what he would have him and had almost done it The Tenour of the Bill is under written 2. Homage and the Oath of Allegiance is more by reason of the Crown than of the Person of the King and bound him more to the Crown than the Person and this appeared for that before the Crown descends there is is no Allegiance due to the Person Expectant Wherefore in case the King carries not himself by Reason in Right of the Crown his Lieges are bound by Oath made to the Crown to remove the King and the State of the Crown by Reason and otherwise the Oath ought not to be kept Then it was demanded whether the King was to be dealt with by Suit of Law or by Rigour par Suit de Loy ou par Aspertee By Suit of Law it could not be for he had no Judge In which case if the King 's will be not according to Reason and that he maintains nothing but Errour therefore to save their Oath and when the King will not redress what is injurious to the People they must proceed with Rigour for he is bound by Oath to Govern his Lieges and his Lieges are bound to Govern in Aid of him and in Default of him 3. Also upon the Application of the Great Men and People unto him his Answer was according to the Pleasure of these Two in turning the King from his Duty against his Oath and the Hearts of the Great Men and People against their Liege Lord. 4. Also by their evil Contrivance they will not suffer the Great Men of the Realm nor Good Counsellers to speak with or come near the King to advise him nor the King to speak to them unless in their presence and hearing or of one of them and when they please they usurping Royal Power and Sovereignty over the Person of the King to the great Dishonour and Peril of him the Crown and the Kingdom 5. Also to attain to their Wickedness Covetousness and Disinheriting the Great Men and Destruction of the People they put out Good and Agreeable Ministers placed by Assent and put in others False and Wicked of their Party who will not suffer Right to be done as Sheriffs Escheators Constables of Castles and make Justices not understanding the Law as Sir Hugh the Father Sir Ralph Basset Sir Ralph Camois and Sir John Inge and others their Friends who caused to be indicted by false Jurors of their Alliance the Peers of the Land as the Earl of Hereford Monsieur Giffard of Brimmesfield and Monsieur Robert de Monshall and other good People to get their Lands 6. Also they falsly and maliciously advised the King to raise Arms against his People in Glocestershire contrary to the Great Charter and the Award of the Peers of the Land and by their false and evil Counsel would have made War in the Land for their own proper Quarrel to the Destruction of Holy Church and the People 7. Also whereas the Earl of Hereford and the Lord of Wigmore i. e. Mortimer by the King's Command were assigned to make War upon Lheuelin Bren who had levied War against him in Glamorganshire when the Earl of Glocester's Lands by reason of his Death were in the King's hand and Lhewelin had rendred himself into the Lords hands to the King's Grace and Pleasure and upon that Condition delivered him to the King who received him accordingly but when these Lords were out of the Country these Two the Father and Son usurping Royal Power took Lhewelin and carried him to Cardiff after that Sir Hugh the Younger was seized thereof as of his Share of the Earl of Glocester's Estate one of whose Daughters and Heirs he had married pretending to a Jurisdiction where none was in this case and there caused him to be Drawn Hanged Beheaded and Quartered feloniously for things done in the time of King Henry And also took upon them Royal Power and Jurisdiction which was appendant to the Crown in Disheritance of the Crown and Dishonour of the King the said Lords of Hereford and Mortimer and in ill Example and great Peril in the like case in time to come 8. Also they ill advised the King to take into his hands the Lands and Goods of Sir Hugh Audely the Son who was fore-judged without due Process contrary to the Law of the Land by the Covetousness of the said Hugh to get some of those Lands and by other false Compassments contrived to have the Lands of Sir Roger Dammory and for having him attainted for entring into Glocestershire in Disheritance of the Peers of the Land 9. Also that whereas the King had granted by his Letters Patents to the Earl of Warwick in full Parlement at Westminster That after his Death his Executors should have his Lands until his Heir was of Age which Grant after the Earl's Death was confirmed by the King at Lincoln at the Request and Assent of the Peers of the Land in Parlement the said Sir Hugh the Father procured his Son to cause the King to repeal this Grant without cause and to give to the said Hugh the Father
Earl of Surrey Edmund Earl of Arundel David Earl of Athol Robert Earl of Anegos and other great Men of the Kingdom by whom he was adjudged to be Drawn Adjudged to be Drawn Hang'd and Beheaded Hang'd and Beheaded which then were accounted three distinct Punishments Two whereof for the Greatness of his Bloud and Family the King pardoned so as he was only Beheaded This Impeachment and Judgment was Recorded in Chancery in the 15th of this King under the Title of Pleas of the Crown and was brought into the first Parlement of Edward III. at Westminster by Henry Earl of Lancaster his Brother for the Revocation thereof in which Revocation that whole Record is recited and many of The Confederacy of the E. of Lancaster c. with Robers Brus King of Scots c. the Practices of Earl Thomas the Confederacy between him the Earl of Hereford and their Adherents with Robert Brus Thomas Randolph Earl of Murray and James Douglas Two of the greatest Managers of the Scots Affairs at that time and others concerning mutual Assistance and Defence and the Ingratitude of this great Earl toward the King are declared for which Revocation see the Appendix N. 62. N. 62. By the same Judgment and for the same Crimes suffered these Barons 3 Walsing History f. 116 n. 30 40 50. The Barons that suffered for the same Crimes with the Earl of Lancaster Warin Lisle William Toket Thomas Manduit Henry de Bradborn William Fitz-William William Cheyny Roger Clifford John de Mowbray Gocelin D'enynvill Henry Teyes and Bartholomew de Badlesemer who was beheaded at Canterbury only Roger de Damory died of his Natural Death The Prior and Monks of Pontfract obtained the Body of Thomas Earl of Lancaster and Buried it in their Church on the Right Hand of the High Altar whither came a great number of People Pilgrims and Others to Offer and Pray at his Tomb really believing the Miracles and great Cures of Diseases that were reported to be done by him a Specimen whereof I shall give the Reader from an English Chronicle in Corpus Christi College Library in Cambridge Litera F. Vol. 63. Book 7. Capitulo 201. in the Sense and Language of those Times it was wrote in Of the Miracles that GOD worughte wrought The Miracles said to be done by the Earl of Lancaster for Seint Thomas of Lancaster wherefore the King lete close caused them to be shut the Church Dores of Pountfret of the Prioree for that no Man shall come therein to the Body for to Offren And soon after that the Good Erl Thomas of Lancaster was Martered a Preste that had long tyme ben blyende Dremed in his slepyng That he shuld gou unto the Hull Hill there that the Good Erl Thomas of Lancaster was done unto Deth and he shuld have his sighte agen and so he Dremed iij Nightis seuying three Nights following and the Preste tho then let lese him to the same Hulle and when he come to that Place that where he was Martered on devoutly he made there his Prayers and prayed God and Sent Thomas he moste might have his sight agen and as he was at Prayers he layde his right Hond oppon the same A Blind Priest restored to his Sight Place that the good Man was Martered and a Drop of dry Blode and small Sonde cleved on his Honde and therewith he Strekede his Een Eyes and non thorug might of God and of Sent Thomas of Lancaster he had his Sighte agen and thanked the Almigte God and Sent Thomas and whenne this Meracle was Cud known amonge Men the People come there in every side and knelede and made hire their Prayers at his Tombe that is in the Priorye of Pountfret and prayed that Holy Marter of Socor and of Helpe and God herde hire Prayer Also there was a young Child Drenchede Drowned in a A Dead Child restored to Life Well in the Town of Pountfret and was ded iij Days and iij Nigtis and comen and layde the ded Child upon Sent Thomas Tomb the Holy Marter and the Child aros there from Deth to Live as menye a Man hit saw And also much People were out of hire Mynde out of their Men out of their Wits restored to them Wits and God hathe sent ham them hire Mynde agen thorug Virtu of that Holy Marter And also God hath given thereto Criples hire goyinge Going Cripples Crooked Blind and Sick Cured and Healed and to Croked hire Honds and hire Feet and to Blyende also hire Sighte and to menye Sike Sick Folk hire hele health that had diverse Maladies for the love of his good Marter Also there was a Riche Man in Coundom in Gascoigne and such A Man whose Flesh rotâ—ed from his Side and stank câ—â—ed and his Flesh restored a Maladie he had that as his right side rotede and fell away fram him and Men migt se his Livere and also his Hert and so he stank that onney no Men migt come neyre him wherefore his Friendes were for him Wonder sorye but at last as God wolde they prayed to Sente Thomas of Lancaster that he wolde pray to almigte God for that Personne and behighte thought to gon to Pountfret for to done hire Pilgrimage and the Good Man soon after slepte full softe and Dremed that the Marter Sent Thomas come unto him and anoyntede over all his seke Body and therewith the Good Man awoke and was alle hole and his Flesh was Restored agen that byfore was Rotede and falle awaye for which Miracle the Good Man and alle his Frendes lovede God and Sente Thomas ever more after And also two Men have been helede there of the Morivaile Two Men cured of the Plague Murrain or Plague thorug help of that Holy Marter thoug that Evele be hold incurable Whenne the Spensers herde that God dede such Miraclis for his Holy The Spensers affirmed it Heresie to believe these Miracles Marter and they wold beleve hit in no manere wyse but seyde opyinlicke That hit was great Eresie such Vertu of him to beleve And whenne Sir Hugh the Spenser the Son saw alle this Doying Spenser the Son's Messenger to the K. shed his Bowels at his Fundament Doing anon he send his Messanger fram Pountfret That where he Dwelled to the King Edward that tho was at Graven at Skiptone at Skipton upon Craven for cause that the King shulde undone the Pilgrimage And as the Reband Ribald that was Messenger wente toward for to done this Message he come by the Hulle that this Good Man was done unto his Deth and in the same Place he made his Ordure Eased himself and when he had ydone he went toward the King and stronge flexe Flux come oppon him er he come to York and shedde all his Bowels at his Fundament So in the Author And when Sire Hugh the Spenser herd this Tyding som Del he was adrad he was somewhat fearful
Remembrances and Monuments they could find to his loss 2000 l. They also burnt part of the Gates of his Castles and Houses and took the Irons out of the Windows and Leads off the Houses c. and carried them away to the damage of 2000 l. and then names Ten Castles in Wales and the Marches which they took and destroyed and with the same Force and Power they stayed in his Lands totally to destroy them about 15 days in which time they forced the greatest part of all the Country to Swear to be of their Party and those that would not they imprisoned put to ransom and burnt their Houses and Goods and in the same time they robbed and plundered him of all the Moveables in and upon his Mannors 60 large Working Mares with Colts and Foals of two years 160 Heifers 400 Oxen 500 Cowes with their Breed for two years 10000 Sheep 400 Hogs and all other necessary things found upon them as Carts Ploughs Vessels all these they took drove and carried away without leaving any thing from his Mannors Lands and Towns in Wales which were 24 in number to his damage of 2000 l. They burnt his Granges and destroyed his Crop upon the Ground to his damage of 2000 l. and the Debts which were owing him there by force and cruelty they made his Debtors pay unto them to the value of near 3000 l. with Fee-Farm Rents and other Customs which amounted to near 1000 l. And from Wales with the same Power and Force they came into England upon his Castles Towns and Mannors there and cut up his Woods Vnchaced his Chaces Disparked his Parks pulled down his Houses robbed and rifled as much as they could any where find to his damage of 10000 l. and then seized upon his Friends and his People whereof some they put to ransom some they rifled and some they imprisoned to the great grievance of them and then by the same Cruelties and Hardships they made the greatest part of the People against their wills to be of their Party and Sworn to them And also with their Force and Power they came to the Parlement at Westminster and there upon false Accusations without calling the said Hugh to Answer against all manner of Right and Reason and against the Law of the Land Erroneously Awarded him to be Disherited and Exiled England wherefore he prays the King as he is bound by Right of his Crown and by the Oath he made at his Coronation to maintain all People in their Rights That he would please to cause to be brought before him the Process of the Award made against him that it may be Examined and that the said Hugh may be received to shew the Errors in it and if there shall be any found he would please to Repeal and Redress them and to do further according to Right and Reason and the said Hugh afterward shall be ready to stand to Right and to answer every Complaint and Accusation according to Reason And he sheweth the Errors of the said Process For that the The Errors of the Award Great Men who pursued and destroyed him prayed Pardon of the King for all those things which might be Judged Felonies or Trespasses in that Pursuit which they made by their own Authority by which wrongfully they made themselves Judges of him where they could not or ought not to be Judges also Error in that the said Hugh was not called into Court or to answer where the Award was made also Error in that the Award was made without the Assent of the Prelates who were Peers in Parlement Item Error in that there was no Record of their Pursuit or the Causes contained in the Award also Error in that the Award was made against the Form of the Great Charter wherein is contained That no Man shall be forejudged nor in other manner destroyed unless by Judgment of his Peers or by the Law of the Land with Request to the King to take notice that the Great Men were summoned to come duely to the Parlement but did not when they came with Horse and Arms and all their Force Whereupon the said Hugh came and rendred himself Prisoner to the King praying he would receive him into his Protection to prosecute his Complaint and that Right might be done him in these Matters and the King received him as he ought to do sicome faire devioms and caused his Petition to be carried to the Arch-Bishop of Canterbury the Bishops and other Prelates and the Clergy of the Province of Canterbury then being in a Provincial Council at London charging them by the Faith they ought him to advise about the Petition and let him know their thoughts concerning it and when they had well Advised concerning it they answered That it seemed to them that the Process and Award of the Exile and Disinheritance of Hugh the Son and Father were Erroneous and Wrongfully made wherefore they agreed and unanimously assented as Peers of the Land and prayed as Peers Spiritual That the Award which was made wickedly and wrongfully against God and all manner of Right contre Dieu tote manere de droit might be by the King repealed and annulled for ever and said further That they nor none of them ever assented to the Award but that every one of them at the time when the Award was made in Writing made Protestation That they could not or would assent to it for many Causes and the Earl of Kent the King's Brother the Earls of Richmond Pembroke and Arondel before the King and Prelates said the Award was wrongful and against Law and Right and prayed him with the Prelates and as they had done before to null and make void the Award and the Earls affirmed That for fear of the Force which the Great Men suddenly brought to the Parlement to make the Award which was to them unknown and unexpected they gave their Assent to it and also advised the King to suffer it to pass for which Offence and Mistake they prayed his Pardon And then afterwards another Petition was delivered to the King on behalf of 3 Ibm. Claus 15 Ed. II. ut supra Hugh Spensâ—r the Father's Petition to the King Hugh the Father setting forth That the same Great Men before named and their Adherents and Confederates with Force and Arms on the Day of St. Barnaby in the 14th Year of the King came to his Mannor of Fastern in Wiltshire and Twelve others in that Shire Six in the County of Glocester Four in Dorsetshire Five in Hampshire Two in Berkshire Six in Oxfordshire Three in Buckinghamshire Four in Surrey One in Cambridgeshire Two in Huntingtonshire Five in Leicestershire One in Yorkshire One in Lincolnshire Five in Cheshire and Five in Warwickshire in all 63 Mannors there named where they made the same Havock committed the same Spoils Devastations and Destructions upon his Houses and Lands they had done upon his Sons and used his Debtors Tenants Friends and People as
those of his Son except that the loss of his Goods moveable and immoveable in and upon his Mannors and Lands were greater as namely two Crops of Corn one in the Barns or Granges the other upon the Ground 28000 Sheep 1000 Oxen and Heifers 1200 Cows with their Breed for two Years 40 Mares with their Breed for two Years 560 Cart-Horses 2000 Hogs 400 Kids 40 Ton of Wine 600 Bacons 80 Carcasses of Beef 600 Muttons in the Larder and 10 Tons of Cyder Armour for 200 Men and other Warlike Engines and Provisions with the Destruction of his Houses to his Damage 30000 l. And at the same time they entred the Abby of Langley in Wiltshire broke up his Coffers and carried away 1000 l. in Silver also his Charters Evidence and Bonds Cups of Gold and Silver and other Silver Vessels and Jewels to his Damage of 10000 l. And at the same time with Force and Arms entred the King's Castle of Marlborough where he was the Constable and took his Goods there found 36 Sacks of Wooll 6 Pair of rich Vestments a Library a Golden Chalice for the Sacrament one Cross of Gold another of Ivory and Ebony and other Ornaments belonging to the Chapel Cloths of Gold Carpets Coverings and many other things and his whole Wardrobe entirely to his Damage of 5000 l. Excepting these Differences of Losses the Petition is the same with his Sons verbatim and The Petition of the Spensers brought into Parlement the Errours assigned in the Process and Award are the very same his rendring himself Prisoner to the King and his Reception into the King's Protection the same and expressed in the same Words And then it follows by the King Et nous apres a nostre Parlement summons a Everwyk as treis semeins de Pasch en an nostre Regne Quinzisme feisems devant nous le Proces del dit Aegard a la suite les ditz Hugh le Fitz Hugh le Pere en cestes Paroles A 15 Edw. II. The Writ of Summons to this Parlement bears Date March 14 1321. Easter-day was April 11. 1â—22 l Honeur de Dieu Seinte Eglise c. And we afterwards at our Parlement at York three Weeks after Easter in the 15th Year of our Reign caused to come before us the Process of the Award at the Petition of the said Hugh the Son and Hugh the Father in these Words To the Honor of God and Holy Church c. the whole Award being cited in this Record After which Recital it follows a quen Parlement c. At which Parlement at York the said Hugh the Son and Hugh the Father being brought before us in Court prosecuting their Complaints and praying us to do them Right and the said Hugh the Son for himself shewed and alledged the Errors in the Process as abovesaid and also Hugh the Father alledged the same Errors and prayed severally and jointly That as the Award was made erroneously and wrongfully against the Laws and Usages of the Realm and against common Right and Reason that we would annull and defeat the said Award and that they might be remitted and reconciled to our Faith and to such Estate as they had and were in before the Award And hereupon hearing the The Process against them examined in Parlement Reasons of the said Hugh and Hugh we caused the Process to be examined in full Parlement in the presence of the Prelates Earls Barons Knights of Counties and the People that were come by reason of the Parlement en presence des Prelates Countes Barons Chivalers des Countes le People estoit venutz pur Encheson du dit Parlement And we found the said Award was made Reasons why the Award ought to be made void without calling them to Answer and without the Assent of the Prelates which are Peers of the Realm in Parlement and against the Great Charter of the Franchises of England which says no Freeman shall be Banished or other way Destroyed but by lawful Judgment of his Peers or the Law of the Land and for that they were not called in Court to make Answer and for these Errors and for that the Causes in the said Award were not duly proved pur ceo que les Causes contenues en la dit Agard ne furent pas duement approvets And further having regard to that that we caused the Parlement at Westminster to be summoned in due manner and commanded by our Writs the said Great Men who made the Award not to make Assemblies and Alliances or come with armed Men yet they came with all their Force to that Parlement notwithstanding our Command And when they came to London in that manner they held their Councils and Assemblies at London without coming to us at Westminster according to Summons and then we sent to them to come to the Parlement at Westminster as they ought yet they would not come nor let us know their Mind nor the cause of the Award tho' we had begun and held the Parlement for 15 Days and more and caused to come before us the Prelates and some Earls and Barons Knights of Counties and others which came for the Commons of the Realm avioms fait venir devant nous Prelates aucunes Countes Barones Chivalers des Countes autres que vindrent pur la Commune du Royalm and caused it to be published That those that had Petitions to promote should deliver them And after Proclamation thus made no Petition was delivered or Complaint made against the said Hugh and Hugh until they came as aforesaid And the Contrivance of the said Award they wholly concealed and kept from us unto the very Hour they came to Westminster with Force and Arms and made their Award against Reason as a thing treated and agreed on amongst themselves on their own Authority in our absence and encroached upon the Royal Power Jurisdiction and Conusance of Process and Judgment of those things which belong to our Royal Dignity wherefore we could not at that time stop the said Award nor do right to the said Hugh and Hugh as it belonged to us And further taking notice that those Great Men after the Award made prayed our Pardon and Release for Confederating themselves by Oath Writing or in other manner without our Leave in pursuing them and Trouping with Banners of ours and their own Arms displayed and taking and possessing Castles Towns Mannors Lands Tenements Goods and Chattels and also taking and imprisoning People of our Allegiance and others and some they wounded and some they killed and many other things they did in order to destroy the said Hugh and Hugh in England Wales and other where of which some might be called Trespasses and others Felonies also it appeared those Great Men were Enemies to and hated them at the time of the Award and before wherefore they ought not to be their Judges in their own Prosecution of them nor have Record ne
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
's Enemies 2 Ut supra n. 20. On the 28th of September the King issued his Proclamation against 5 Append. n. 68. A. D. 1329. 20 Ed. II. The King proclaims Mortimer Traytor c. Roger Mortimer giving notice That he and the other Traitors had entred his Kingdom by force and had brought with them Aliens and Strangers and taken upon them Royal Power over him and that therefore he was resolved to oppose them in Person to Arrest and destroy them and all their Company and Adherents as he ought and might except the Queen his Son and Earl of Kent who he would by all possible means to be as safe as before their landing and summoned all Persons that by their Ligeance were obliged to come with all their Force and Power in Defence of him themselves and the Kingdom and for the Ease of the People he promised to pay the Soldiers Wages and also promised to all Great Men his Charters of Pardon for Felony or Adherance to his Enemies as well in times past as at present and for Outlawry for what Cause soever except the Traytor Roger Mortimer and the great Managers of the People which came from beyond Sea with him and those that killed Sir Roger Boler and then promised 1000 l. Sterling and Pardon to any one should bring him the Body or Head of Roger Mortimer Given under his Great Seal at the Tower of London the 28th of September This Proclamation has not its desired Effect the People having The Proclamation without effect been so prepossessed with strange Notions and Jealousies concerning the King and both the Spencers and the strange things the Queen and Mortimer would do for Holy Church themselves and the Kingdom that in her March her Army daily increased and the King 's decreased She did no injury 6 Ibm. to the Bodies or Goods of any but her Enemies which she sought out and 7 Ib. n. 40. every where applied their Goods to her own use and destroyed their Farms The Queen's Army was much 8 De la Moor f. 598 n. 30 40. The Queen's Army much increased increased by some Bishops Letters wrote to their Fellow Bishops and other Friends that there were so many Dukes Earls and Barons with their Troops sent by the King of France to defend the Right of his Sister as all England could scarce feed them And also by another Lye spread all over the Kingdom That Her Cause carried on by Lyes the Pope had absolved all Englishmen from their Oath of Fealty sworn to the King and that he had thundered out the Sentence of Excommunication against all those that bare Arms against the Queen Praeterea profiluit 9 Ibm. Mendacium ab exercitu in omnes Regni partes divulgatum quod summus pontifex Romanus omnes Anglos absolvit a fidelitate jurata suo Regi c. For the Confirmation of which Lye it was pretended there were Two Cardinals with the Queen in the Army sent to her with these Favours from the Pope Ad hujus Mendacii confirmationem c. The Queen upon her Landing emitted a Proclamation 1 Walsingh f. 124. lin 1 c. That all should injoy Peace and Quiet except the Publick Enemies of the Kingdom the Two Despensers Father and Son and Robert The Queen's Proclamation Baldock the King's Chancellor and their Favourers who were the Cause of the present Disturbance of the Nation That no Goods should be taken from any without the Consent of the Punishments for Plunderers Owners if above the value of 3 d. then a days Wages for a Common Soldier his Finger was to be cut off nor 6 d. the Wages of an Hobelor under Pain of his Hand being cut off nec valorem Duodeci 〈…〉 Sterlingorum which I Translate 12 d. the daily Wages of a Man at Arms upon Pain of Death The King then at London requested Assistance of the 2 Ib. f. 123. n 40. The Londoners refuse to give the King Assistance Londoners who refused to aid him whereupon he 3 left the City and went Westward In the mean time the Londoners who were always in a fury when they had a liberty of being Insolent pretending Friendship to the Queen dum 3 Ib. f. 124. n. 10 20 haec aguntur Londinenses nenses quibus nunquam deest furia cum adest insolendi licentia gathering together the Rabble of all Artificers Congregatis de cunctis artificiis infirmis personis c. taking Arms and seize The Rabble seize their Major their Major threatning to kill him if he would not swear to Consent to their Orders which he did to save his Life Fecerunt 4 Ibm. They Consederate to kill the Queen's Enemies c. igitur Conjurationem c. And they made a Confederacy That the Queen's Enemies where-ever to be found of what State or Condition soever they were or such as should procure any Damage to the Liberties of the City should be put to Death Under pretence of this Oath 5 Ibm. They cut off John Marchal's Head Hugh Spenser's Servant they presently took John Marchal Servant to Hugh Spenser the Younger ejus caput immisericorditer amputarunt and unmercifully cut off his Head and plundered all his Goods and on the same day continuing their Madness 6 Ib. n. 30. They plunder the Bishop of Execser's House and cut off his Head eodem die continuantes suam Rabiem they ran to the Bishop of Excester's House setting fire to the Gates entring and not finding him they plundered his Jewels Plate and Houshold-stuff and coming out of the Fields on Horseback to the North Door of 6 St. Pauls the mad People took beat wounded and threw him off his Horse and dragged him into Cheapside where they proclaimed him a Publick Traytor and cut off his Head The Reason of their Fury against this Bishop 7 Ibm. n. 40 50. The Reason of their fury against this Bishop was That being Treasurer of the Kingdom he had persuaded the King's Council that the Itinerant Justices might sit in London 8 Ibm. who found the Citizens had offended in many things for which they lost their Liberties some were Fined and others had Corporal Punishment Next day they seised the 9 Ibm. They seise the Constable of the Tower Prisoners set free all England over Fugitives and Banished Persons return into England Constable of the Tower and took the Keys from him and set free all the Prisoners and so it was all over England and at the same time all Fugitives and Banished Persons returned We have a further Account of the Death of the Bishop of Excester and some of these things from 1 Hist sacra f. 366. Another Account of the Murther of the Bishop of Excester William de Dene a Publick Notary of the Church of Rochester living at the time The Arch-Bishop 15 days after Michaelmas intended to have held a Treaty with the Bishops
enter to Honour God and his Saints Hugh after these Mischiefs you advised the King to give unto the false Traitor the Earl of Winchester Andrew Harkley and self Lands properly belonging to the Crown in Disherision thereof 6 Ibm. Col. 2549. n. 10 20. Hugh whereas the Queen and her Son passed beyond Sea by the King's Command to save the Country of Guyen in point to be lost by your Traiterous Counsel you sent over a great Sum of Money to some of your wicked Adherents to destroy the Queen and her Son qest Droit heir del Realm who is Right Heir of the Kingdom and to hinder their coming over 7 Ibm. Hugh your Father Robert Baldock and self and other false Traitors your Adherents taking upon you Royal Power made great and small by force to swear to and assure you to maintain you in your false Quarrels or Pretences en vouz faux Quereles not having regard that such Confederacies were False and Traiterous against Legience and the State of the King and his Crown 8 Ibm. n. 30 40. And forasmuch as you Hugh and other Traitors knew that the Queen and her Son were arrived in the Nation by your Evil Counsel you caused the King to withdraw himself and go from them and carried him out of the Kingdom to the Danger of his Body and Dishonour to him and his People feloniously taking with you the Treasure of the Realm contrary to the Great Charter Hugh 9 Ibm. The Judgment upon H. le Despenser the Son you are found Traitor wherefore all the good People of the Kingdom Great and Small Rich and Poor by Common Assent do Award That you are found as a Thief and therefore shall be Hanged and are found as a Traitor and therefore shall be Drawn and Quartered and for that you have been Outlawed by the King and by Common Assent and returned to the Court without Warrant you shall be Beheaded vous serrez decollez and for that you abetted and procured Discord between the King and Queen and others of the Realm you shall be Embowelled and your Bowels burnt 1 Ibm. n. 50. Withdraw Traitor Tyrant and so go take your Judgment attainted wicked Traitor He was at this time Earl of Glocester and I see no Trial by Common Jury or his Peers and the Attaint was only this Speech made against and most what was objected to him had been Pardoned by Act of Parlement Et sic 2 Ibm. His Executioc statim morte plexus est Octavo Kalendarum Decembris And so he was presently put to Death on the 8th of the Kalends of December or 24th of November The Earl of Lancaster made no great haste with his Prisoner the King to Kenelworth for in 13 Days time he was got no further from Monmouth than Lidbury in Herefordshire at which Place the 3 Append. n. 71. Writ for Proroguing a Parlement that was pretended to have been Summoned by the King to meet 15 Days after St. Andrew was Dated the 3d of December Teste Rege apud Lidbury tertio die Decembris 20 Ed. II. Witness the King at Lidbury the A Parlement to be holden by the Queen and her Son if the King not in England Prorogued to the morrow of Twelfth-day The King knew nothing of the Writ of Prorogation dated Decemb 3. 3d of December The Writ for this Parlement which was to meet 15 Days after St. Andrew I believe can no where be found which was to be holden by Isabel Queen-Consort of England and Edward his Eldest Son Guardian of England he then being out of the Kingdom as 't is said in the Writ Dated the 3d of December c. for Proroguing that Parlement to the morrow of Epiphany or Twelfth-Day To be holden by him if Personally present or in his absence by his said Consort and Son But the miserable King knew nothing of this Summons Dated at Lidbury on the 3d of December with his Teste for the Great Seal was that Day in the keeping of the Bishop of Norwich at Wodstock and the next Day delivered to Roger Mortimer and the Duke of Aquitan i. e. Edward the King's Son at the same Place as it most certainly appears by the Record in the Appendix The Parlement met according to the Prorogation 4 Hist Sacr. vol. 1. f. 367. The first thing moved in it was Whether the Father or Son should be King n. 70. The Parlement as 't is called met crastino Epiphaniae or 7th of January The first thing moved by the Bishop of 4 Hereford and many other Bishops joining with him was Whether King Edward the Father or his Son Edward should Reign over them They were not long before they Agreed the Son should have the Government of the Kingdom and be Crowned King 5 Append. n. 72. It was carried for the Son The Reasons why he was deposed for the Causes following 1. First For that the Person of the King was not sufficient to Govern for in all his time he was Led and Governed by others who gave him Evil Counsel to the Dishonour of himself and Destruction of Holy Church and all his People not considering or knowing whether it was Good or Evil nor would remedy these things when he was requested by the Great and Wise Men of his Realm or suffer them to be amended 2. Also In all his time he would not give himself to Good Counsel nor take it nor to the Good Government of his Kingdom but always gave himself to Works and Employments not Convenient neglecting the Business of his Realm 3. Also For want of Good Government he lost the Kingdom of Scotland and other Lands and Dominions in Gascoigne and Ireland which his Father left him in Peace and Amity with the King of France and many other Great Persons 4. Also By his Pride and Cruelty he destroyed Holy Church and the Persons of Holy Church putting some in Prison and others in Distress and also put to shameful Death and Imprisoned Banished and Disherited many Great and Noble Men of the Land 5. Also Whereas he was bound by his Oath to do Right to all he would not do it for his own Profit and the Covetousness of him and his Evil Counsellors which were with him neither regarded the other Points of the Oath which he made at his Coronation as he was obliged 6. Also He abandoned his Realm and did as much as he could to destroy it and his People and what is worse by his Cruelty and the Default of his Person he is found incorrigible without hopes of Amendment All which things are so notorious they cannot be gainsaid These Articles were Conceived and Dictated by John Stratford 6 Author Decemb col 2765. n. 40. Commissioners sent to the King at Kenelworth-Castle Bishop of Winchester and Treasurer of England and written by William Mees Clerc his Secretary and a Publick Notary Having Approved the Articles they were by Comune Agreement 7
fervently to assist the Cardinals of the Roman Church whom the Wisdom of God had taken into part of the Apostolick Care thereof and to whom the fulness of Reverence was due from all Sons of the Church a cunctis Ecclesiae filiis debetur Reverentiae plenitudo yet they presumed to give them great trouble and to do unto them and their Agents grievous Injuries especially unto Neapoleon of St. Adrian and Francis of St. Mary in Cosmedin Deacon Cardinals notwithstanding they had done such things as promoted the King's Honour and hindred the contrary from being done 2. There was another Cause of profound Trouble arose in the Judgment of the Pope himself praeterea sensibus ipsius Pontificis alia profundae Turbationis causa consurgit c. That whereas sometimes imitating the Steps of his Predecessors he had provided the Ecclesiastick Dignities and Benefices of his Kingdom and other Lands with sufficient and worthy Persons and they having deputed certain Persons their Agents the King's Officers glorying in Licentious Wickedness altho they had no just Power or Jurisdiction given them in such Matters either from God or Man yet they rashly presumed to inhibit their Agents to act for them or form any Processes or cause them to be published whereby the Hinderers of such Proceedings damnably incurred the Sentence of Excommunication 3. Also adding worse things to the former not fearing any Citations concerning Matters that belonged to Ecclesiastick Jurisdiction granted by the Apostolick See tho against Ecclesiastick Persons they prohibit all such Citations to be executed and also that no Man go to the Apostolick See by virtue of such Citations nor make Instruments upon them or obey them under most grievous Punishment in Person and Goods against the Canon by which they do ipso facto damnably incur Excommunication 4. Also for that the Pope cannot sufficiently admire and feels the cruel Prickings in his Mind Item ex eo summus Pontifex non sufficit admirari diras sentit in animo Punctiones c. because the Nuncio's of the Holy See when sent into your Kingdom about Business they dare not publish them before they are shown to your self and if they do they are chased out of the Kingdom by Terrors and Frights and sometimes seised by your Officers as Vile and Reprobate Persons not attending what great Detraction of Honour and Reverence from the Holy See is made thereby in Contempt and Disgrace of the same as by the detestable boldness of the said Officers concerning Mr. William Piat a Messenger of the Holy See it doth most evidently appear who because as he ought not would not forbear gathering the Profits of Ecclesiastical Benefices reserved in your Kingdom by the Pope himself according to the prohibition of your Officers in Reproach of the Holy See and the Pope was by your Sheriff of Yorkeshire not attending that the Supereminent Authority of the Holy See is Honoured or Despised in its Ministers committed to Prison and there detained until he redeemed himself by paying 10 l. Sterling 5. Also your Officers refuse to cause to be taken such as are Excommunicated by Authority of the said See at the Request of the said Nuncio's or Judges sent from the Apostolick See 6. Also your Officers and Ministers do hinder the Delegates of the Apostolick See us and other Ordinaries nos alii ordinarii and all Ecclesiastick Persons whatever to judge of Causes meerly belonging to Ecclesiastick Jurisdiction and strictly forbid us and them tho unjustly That we nor they do any ways meddle with the Judgment of them minus juste nobis eis ne de cognitione hujusmodi intromittamus vel intromittant aliqualiter and if we or they do contrary to this Prohibition which ought not to be obeyed the same Ministers and Officers take unduely our and their Goods manifestly thereby hindring Ecclesiastick Jurisdiction which with Divine Reverence and as an help to their Salvation they ought with great Care to Defend Quam debent pro reverentia Divina eorum salutis argumento intentis studiis defensare 7. Also we and the Ordinaries aforesaid dare not take or keep in Custody any Ecclesiastick Person nor do Justice upon him what great Fault soever he hath committed being affrighted by the Threats of your Ministers 8. Also your Officers and Ministers not taking notice that Laics have no Power given unto them over Clercs Religious Ecclesiastic Persons tho they be in Priests Orders yea Bishops without Licence from the Pope or their Superiors in Derogation of your Honour do amercy them in Pecuniary Mulcts amerciant in paena pecuniaria and otherwise unjustly condemn them at their pleasure and force them to answer before themselves seising their Persons and Goods against their Wills in Criminal Personal and other Actions altho they alledge the Priviledge of Clerks to avoid their Jurisdiction ipsosque per captionem personalem bonorum suorum aliis tam super criminalibus quam personalibus aliis actionibus quibuscunque renitentes invites etiam eorum forum declinantes Clericale privilegium allegantes coram se respondere compellunt 9. Also your Officers and Ministers do condemn Clercs in Priests Orders as Thieves and Murderers and cause them to be put to Death offending thereby the Supreme King who hath forbidden his Anointed to be touched by any Secular Power in supremi Regis offensam qui Christos suos per quamcunque secularem potestatem tangi prohibuit and in these Cases Twelve Lay-men are admitted as Witnesses i. e. Jury-men against the Clerk who if they say they believe they committed the Fault for which they are accused upon this saying of the Witnesses they are condemned to Death for which things they undoubtedly incur the Sentence of Excommunication ipso facto 10. Also your Officers and Ministers take the Goods Rents and Profits of Prelates and Clerks at their pleasure not offering or giving them satisfaction 11. Also as well your Officers and Ministers as the Noblemen pretending that Churches and all Monasteries were founded by them do go and come into Religious Houses and the Houses of other Ecclesiastics at their pleasure and do so oppress them and make so great Exactions upon them that they scarce have sufficient to support themselves they sometimes extorting by violence half sometimes a fourth or other certain part of their Goods 12. Also when the Guard of Bishopricks Monasteries Priories and other Benefices of holy Church belonging to them by vacancy or otherwise his Officers and Noblemen destroyed and wasted the Houses Woods Warrens Fishponds Parks Beasts Mills and other Goods belonging to them so as in long time they could not be repaired or put into their former Estate for which such as were Counselling Aiding or Assisting in such Destruction incurred the Wrath of God and other grievous Pains from the Commission of which Wickedness the King ought to restrain his Officers After these Grievances 6 Ib. f. 7. a. the Pope complains he had often
1 Ibm. Commission of the same Date John Duke of Brabant the Earl of Hanaw and Gueldres the Marquiss of Juliers and Sir William Dunork Lord of Onstrehout were added to them The Stiles of the Commissions were different in one 't is Philippus de Valoys Consanguineus noster Franciae Philip of Valoys our Kinsman of France without other addition In the other 't is Excellentissimus Princeps Dominus Philippus Rex Franciae Illustris Consanguineus noster Charissimus Most Excellent Prince the Lord Philip King of France our Illustrious most dear Cousin At Antwerp there was a Congress of the Confederates with King At a Congress of the Confederates Edward where on the 22d of July he revoked 2 Pat. apud Antwerp 12 Ed. III. M. 3. 7. The Commissions to treat were revoked the Power he had given the Commissioners abovesaid to Treat with Philip de Valois as King of France From thence the 3 Froys lib. 1. c. 32. K. Edw. made Vicar-General of the Empire Marquiss of Juliers was sent to the Emperor who obtained a Promise from him To make King Edward Vicar-General of the Empire 4 Ibm. c. 34. which was done accordingly and the Emperor commanded all People and Subjects of the Empire to obey the King of England his Vicar as himself and do him Homage In the 13th of his Reign at the Request of the Cardinals 5 Pat. Concess homin Angl. Vascon 13 Ed. III. M. 17. Another Treaty appointed without effect John Arch-Bishop of Canterbury Richard Bishop of Durham Henry Bishop of Lincoln the Earls of Derby Salisbury and Suffolk with others had on the 1st of July Authority to Treat with Philip de Valois or his Deputies upon the Dignities Honours Rights and Lands belonging to King Edward and all other Differences whatever The French Commissioners were the Arch-Bishop of Rouen the Bishops of Langres and Beavais the Place at Arras but without effect Having made this Progress toward a War with France for the obtaining that Kingdom 6 Wals f. 136. n. 50. See there the whole Letter and in Rob. Avesbury p. 83. b. K Edw. writes to the Pope and sets forth his Title to the Crown of France by Right of Succession he wrote to the Pope setting forth his Title to it That the Crown belonged to him by lawful Right of Succession as being Grandchild to Philip the Fair by his Mother Queen Isabel and tho' as he grants she could not Inherit by the Constitution of France yet when all the Sons of Philip were dead without Issue Male Charles the Fair being the last he claimed it as the nearest Male to his Grandfather and having the Right of Succession before Philip of Valois being Son to Charles Earl of Valois his Grandfather's Brother and affirmed That his Mother's Disability to take the Crown could not nor ought not to barr him of his Right This Letter bears Date at Antwerp July 16. 1339. in A. D. 1339. 13th Year of his Reign The Pope in 7 Wals f. 140. n. 20. The Pope's Answer to K. Edward s Letter answer to this Letter reprehends him for joining with Lewis of Bavaria the Emperor and receiving from him the Office of Vicar-General of the Empire seeing by his Predecessor Pope John XXII he had been Excommunicated and deprived of all Dignity and Honour who also had exercised the Power of the Apostolic Sword against all his Adherents who shewed him any Favour and gave him any Help or Advice or called or acknowledged him Roman King or Emperor declaring them Favourers of Hereticks Then persuading him to Peace and pretending great Affection to him advised him to hearken to the Cardinals that loved him sincerely and wished him Prosperity and in making Peace would propound nothing but what was pleasing to God and acceptable to the People This notwithstanding King Edward after he had been at Antwerp He entred France with an Army above a Year on the 19th of September 1339. saith Avesbury in October says Walsingham 8 entred France with a great 1 Ibm. f. 143. n. 30 40 50. Aves p. 86. b. Burns wastes and destroys the Country Army and burnt wasted and destroyed Cambresis or the Territory of Cambray and the Country of Vermundois and such as resisted him were put to the Sword 9 Ibm. Puts all that resisted him to the Sword The King of France marched towards him with a vast Army but when he came to Fighting he retreated for Fear The Pope hearing of this 1 Wals 144. n. 10 20. The Pope offers his Mediation for a Peace attributes the cause of not Fighting to Providence and an Act of Divine Clemency for the sparing of Christian Blood and after many Remarks upon it and the War beseeched the King for the Lord's sake and by the Mercy of God to think of Peace and in the mean time to consent to a Truce in order to a Peace and if the Cardinals by what they should propound could not effect it he offered his own amicable Mediation for a happy End and Composure of all Differences The King's Answers to the 2 Ibm. f. 145. 10 20 c. K. Edward's Answer to the Pope's offer of a Mediation Pope were his most humble Thanks for offering his Mediation and the Care and Affection he had for his Sons and that he should pursue his wholesom Advice but that Philip unjustly usurped the Crown of France lawfully devolved upon him after the Death of his Vnkle Charles the last King thereof That he had seized on Aquitan and excited the Scots to Rebell against him and therefore he intended not to neglect his Hereditary Rights but should endeavour to recover them by the Help of God and although that Kingdom had been demanded for him before the Cardinals who had earnestly and laudably laboured in the Business of Peace yet he could not obtain a reasonable Answer nor know what he would do or offer and that after many Treaties he would not hearken to Reason On the 3 Claus 13 Ed. III. Part. 2. M. 28. Dors A Parlement summoned 25th of August not long before King Edward's Inroad into France the Duke of Cornwal Guardian of England in his Name issued Writs for a Parlement to meet 15 Days after Michaelmass 4 Rot. Parl. 13 Ed. III. Part. 1. n. 4. The King sent to them an Account of his Affairs in France To which Parlement came the Arch-Bishop of Canterbury the Bishop of Durham and Monsieur William de la Pole from the King then in France to shew the Lords and Commons what he had done beyond Sea and his Condition there and the Mischief that had befaln him and those with him by reason he was not supplied from England At the same time came Letters to the Earl of Huntington and to the Prussia Merchants That the King was in France near St. Quintins with an Army of 15000 Men and more so as it was hoped with the Ayd of God
he would be honoured thro the whole World and his Liege People safe in all Points and preserved for ever Then also he shewed to the Great Men and Commons how that he and others that were with the King for the Charge they had been at to have his Allies and others to march with him into France were obliged with him for 300000 l. Sterling or more and how that the King and his Friends could not honourably depart from thence without giving his Creditors And requires a very great Sum of Money Satisfaction and likewise that for this Cause and for the Maintenance of him and his Quarrel which was undertaken by the common assent of them all and for his Business on this side the Water he ought to be supplied with a very great Sum. Whereupon in this great Necessity 5 Ib. n. 5. The Great Men give him every Tenth Sheaf Fleece and Lamb c. it was thought convenient to Ayd him with a very great Sum or he would be dishonoured and he and his People destroyed for ever and it was agreed by the Great Men les Grantz ont Grante to give him every Tenth Sheaf Fleece and Lamb of their Demeasnes except of their Bond Tenents The Commons 6 Ib. n 8. The Commons desire another Parlement Give their Reason for it And pray the Two best valued Knights may be chosen in every County declare themselves very forward and willing to assist the King but they pray the Duke of Cornwall Guardian of England and the Lords That he would summon a Parlement to meet in convenient time That the mean while they might go into the Country to endeavour to have an Ayd granted answerable to the King's Necessity and they further pray That Two of the best valued Knights might be chosen in every County for that Parlement Accordingly the Guardian issued 7 Gâ— 13 E. III. Part. 2. M. 1. Dors The Commons give 30000 Sacks of Wooll Writs on the 16th of November for another Parlement to meet Eight days after St. Hillary or 20th of January in which the Commons gave the King 30000 Sacks of 8 Rot. Parl. 13 Ed. III. Part. 2. n. 5 6. 7. The Clergy give nothing because c. Wooll upon certain Conditions comprised in Indentures made hereupon The Clergie gave nothing because in the Eleventh year of his Reign they gave a 19 Adam Marymouth A D. 1337. Triennial Tenth toward the War coming then on with the King of France and to pay Germans Brabanters and others Confederated with him against that King 1 Walsingh f. 147. n. 20. the three years being not then expired The King and Queen 2 Ib. n. 10. King Edward writes to the Peers and Great Mâ—n of France of all sorts and Plebeians Setting forth his Title to that Kingdom kept their Christmass at Antwerp and afterwards went to Gant in Flanders from whence he wrote to all the Prelates and Persons Ecclesiastic to the Peers Dukes Earls Barons Nobles and Plebeians of the Kingdom of France setting forth his Title as aforesaid and telling them That Philip of Valois intruded himself into the Kingdom by force in his Minority and possessed it against God and Justice Therefore lest he should seem to neglect his own Right and the Gift of Heavenly Grace or submit to the Divine Pleasure he claimed the Kingdom and Government in hope of Celestial help Ne videamur jus nostrum Donum Declaring what he would do if possessed of it Celestis Gratiae negligere c. declaring he would be very Gratious to the Good and Obedient and do Justice to every one according to the Laâ—dible Rites and Custumes of the Kingdom To Reform all things were amiss and add according to the Condition of the Times what was best and most expedient for them by assent of the Peers Prelates and Great Men and his faithful Subjects The Letter as written in Latin begins thus 3 Rob. Avers p. 83. a. cap. 28. Edwardus Dei Gratia Rex Franciae Angliae ac Dominus Hiberniae Vniversis Ecclesiarum Praelatis Personis aliis Ecclesiasticis Paribus Ducibus Comitibus Baronibus Nobilibus ac Plebeis in Regno Franciae constitutis veram noticiam subscriptorum universorum c. Edward by the Grace of God King of France and England Lord of Ireland to all Prelates of Churches c. as above Dat. apud Gandavum 8 die Februarii Anno Regni nostri Franciae primo Angliae vero Decimo quarto Dated at Gant the 8th of February in the First year of our Reign of France and of England the Fourteenth Some short time after he came for England and at Harwich on the 21st day of February he issued 4 Claus 13 Ed. III. pars 1. M. 33. Dors Summons for a Parlement his Summons for a Parliament to meet on Wednesday next after Midlent Sunday The cause of Summons was declared to be for granting the King a great Aid or 5 Rot. Parl. 14 E. III. pars 1. n. 5 6 7. A great Ayd desired The King in Debt and was to remain as a Prisoner at Brussels until it was paid The Lords and Knights of Shires give the 9th Sheaf Fleece and Lamb. The Citizens and Burgesses a 9th of all their Goods according to the true value he would be for ever dishonoured and his Lands as well on this side as beyond the Sea in great danger if he should loose his Allies And further he was in his own proper Person to return to Brussels and stay there as a Prisoner until the Sum he was ingaged for there was all paid and in case he had a sufficient Aid all these Mischiefs would cease and his Design with the help of God have a good issue c. Wherefore upon his Request the Prelates Earls Barons and Knights of Shires having regard to the Mischiefs c. granted him the Ninth Sheaf Fleece and Lamb and the Citizens and Burgesses the very Ninth of all their Goods according to the true value for two years next coming upon condition he would grant their Petitions presented to him and his Council In this Parliament 6 Ib. n. 9 10. The Commons make it their Request not to be subject to the King as King of France the Great Men and Commons made it their Request that seeing the King had taken upon him the Title of King of France and changed his Arms they might not be bound to obey him as King of France nor the Kingdom of England put in subjection to him as King of France or to the Kingdom of France le fist faire lettres patentes de Indempnite he thereupon caused to be made Letters Patents of Indemnity 7 Append. n. 86. On the 30th of May next following declaring in the Writ 8 Claus 14 Ed. III. pars 1. M. 23. Dors A Parlement called his intentions of going beyond Sea for the Defence and Safety of his Kingdom of England and the
c. The number of Sacks agreed upon was 20000 for which the Merchants were to pay the King 40 s. per Sack Custom besides the Price of the Wooll beyond Sea 1 Ibm. pur equitter e rt ses dettes pur les ploit de ses grosses busoignes to discharge his Debts and for the Exploit of his great Affairs And it was left to the King's Choice and his Counsels beyond Sea whether the Flemings 2 Ib. n. 11. or Almans should be paid with the Money was to be received of the Merchants Soon after King Edward 3 Rob. Aves p. 90. b. c. 30 31. with the assistance of the Duke of Brabant the Earl of Haynault whose Forces then passed under the name of Flemings as in the Parliament Roll and the Communities or Governments of Bruges Gaunt and Ipres besieged Tournay from which Siege he wrote 4 Append. n. 87. a. He besieged Tournay and wrote to the King of France to Philip of Valois without any Title or addition That he had besought him by Messages and all other ways he knew reasonable to restore his Rightful Heritage of France and for that he saw he would not do him Reason he had enter'd into the Country of Flanders as Sovereign Lord thereof signifying to him That by the aid of Jesus Christ and power of the Country his own People and his Allies he would put a short end to his Claim if he would approach him and advance towards him But for that Two so great Armies as there was on both sides could not long continue together without great damage to the People and Country which thing every Christian And sent a Challenge to him to determin the Quarrel and their Claims by Duel between their Two Bodies c. ought to avoid especially Princes and Governors of the People he desired a brief period might be put to the Matter and to avoid the Deaths of Christians the Quarrel being between themselves that the discussion of their Claims might be determined by and between their two Bodies And if he would not consent to this way then that it might be ended by Battel between them and an hundred of their best Men on either side And if he would not take one of these then that he would assign a certain day within ten days after the date of this Letter to fight Army with Army before the Town of Tournay This was his desire not out of Pride or Disdain but that the will of Jesus Christ might be shewn between them for the greater repose amongst Christians Given under his Great Seal at Clyn in the Field the 27th day of July in the 14th year of his Reign of England and first of France To this Letter he had the following Answer returned * Ib. 87. b. The King of France his Answer to King Edward's Letter and Challenge Philip by the Grace of God King of France to Edward King of England We having seen your Letters brought to our Court from you to Philip of Valois in which were contained certain Requests made to Philip of Valois and for that your Letters were not directed or the Requests made to us as clearly appears by the Tenor of them we ought not to have given you any Answer nevertheless because we understand by the said Letters and otherwise that you are entred into our Kingdom of France doing great damage to us our Realm and our People without Reason not regarding what a Liegeman ought to observe toward his Lord for you have entred into our Homage Leige and recognized us King of France according to Reason and promised such Obedience as Men ought to promise to their Liege Lord as appears more clearly by your Letters Patents sealed with your Great Seal which we have by us Our intention therefore is when it shall seem good unto us to drive you out of our Realm and that we may be able to do this we have firm hope in Jesus Christ from whom all our Puissance c. Given in the Fields near the Priory of St. Andrew under our Privy Seal in the absence of our Great Seal the 30th of July in the year of Grace 1340. Hereupon Philip of Valois 5 Ib. Avesh ut supra p. 91. c. 33. Philip of Valois brought a great Army into the Field but dare not fight The English burn and destroy 300 Cities Towns and Villages And kill a vast number of French of all sorts Both Armies in great want of Forage and Victuals brought a very great Army into the Field as was thought to raise the Siege but he kept at such a distance off the English Army being afraid as says the Historian to engage them that he could not be provoked to fight tho the Earl of Haynault the Lord Walter Manny and Reginald de Cobham the King's Marshal and other Officers of the Army were sent with Parties from the Siege who wasted the Country destroy'd and burnt three hundred Cities Towns and Villages within six Leagues round Tournay and killed of the French Fourteen Barons Sixscore Knights and more then Three hundred Men at Arms. At last both Armies being very numerous and in great distress for want of Forage and Victuals and the King of England especially in very great want of Money the Two Kings consented to a Treaty of Truce until Midsummer next following 6 Ib. p. 91. b. c. 34. The King of England in great want of Money Commissioners on both sides to Treat of a Truce The Commissioners for the King of England were the Duke of Brabant the Duke of Guelderland the Marquiss of Juliers and Monsieur John de Haynault Lord of Beaumont Those for the King of France were John King of Bohemia and Earl of Luxenburgh Adulph Bishop of Liege Raoul Duke of Lorrain Ame Earl of Savoye and John Earl of Arminiac who concluded a Truce between the Two Kings their Aidants and Allies 7 Ibm. upon the ensuing Articles 1. That no prejudice or injury be done by either Party to the The Articles of the Truce other during the Truce and Respite 2. It was agreed That the Two Kings their Aidants and Allies whosever they were should remain in the same possession and seizin they were in at that time of all their Goods Lands and Possessions they held or had acquir'd any manner of way during the Truce 3. It was agreed That during the Truce the Kings their Assistants and Allies whoever they were might safely go out of one Country into another and the Merchants with all manner of Merchandise and all other People with their Goods might go and come as well by Land as Sea and Water as freely as they used to do at other times paying their Passage Money Tolls and Customs as anciently due The Barons and others of Gascoigny in the Dutchy of Guien to be comprised in this Article 4. It was agreed That neither of the Kings should procure or cause to be procured by themselves or
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
mean while the Scots entered into England plundered The Scots enter into burn and waste the Borders burnt and ravaged the Counties of Northumberland Cumberland and the Bishoprick of Durham against whom the King raised an Army in the Northern Counties King Edward very much disturbed 6 Ib. in both An Army raised with which for the Death of his great Friend and at the Progress of Charles of Bloys raised a great Army and appointed it by Proclamation 7 Clause 16 E. III. M. 20. Dors A. D. 1342. the King went in Person into Bretagne He wrote to the Pope to Command Prayers c. to be made for his Success to be ready to pass with him into Bretagne by Midsummer following and then wrote to Pope Clement the Sixth to put up Prayers to the Almighty for his happy Progress and that he would cause Preachings Processions and other Pious Offices to be exercised in England for a Blessing upon his Armies which at that time he intended against France and Scotland The Letter it self being written in an extraordinary strain of Piety and Devotion and to shew the Devotional Latin of those times is Printed in the Appendix 8 N. Notwithwithstanding his Proclamation he could not get ready 9 Clause 16 E. III. p. 2. M. 23. Dors until the 4th of October when he took Shipping at Sandwich and sailing toward France he met with the French Fleet from which after a sharp Engagement they were separated by Storm At length he landed near Vannes in Bretagne which he besieged and 1 Froiss c. 94 98. Two Cardinals sent by the Pope to mediate a Truce which was obtained for 3 years the French Army under the Conduct of the Duke of Normandy lay ready to relieve it At which time the Pope sent the Two Cardinals of Penestrin and Tusculum who mediated a Truce for Three years for the maintaining whereof the King of England and Duke of Normandy as Froissard says made Oath according to the Articles of the Truce which do here follow tho not exactly according to the form in Robert of Aversbury p. 100. c. 42. or in Tho. Walsingham f. 159. n. 10 20 c. which is tedious and without method but according to Du Chesne 2 F. 659. B. who hath drawn up the whole and entire Sense of them in a short Form 1. For the Reverence of Holy Church and the Support of Christianity The Articles of the Truce and Ease of the Subjects of both Kings and the Honour of the Cardinals Treating Peace and Concord between them they would The first Article is according to Avesbury send some of their Blood and others to the Court of Rome to end all Differences and Debates before the Pope having Power by Advice of the Pope and Consistory of Cardinals to alledge and propound their Reasons not that he should end and decide it or give Sentence but only for the making a better Peace and Treaty 2. The Treators or Ambassadors shall appear before the Pope by the Feast of John Baptist or Midsummer-day next coming That before Christmass the Treaty may be ended if nothing happens for the prolonging of it or in case the Pope be not hindred by other Business or that he cannot compose in that time the Differences between the Kings yet nevertheless the Truce shall continue for Three years after the Feast of St. Michael then next following between the King of England and France the King of Scots and the Earl of Haynault and all the Allies of the said Kings that is to say the Dukes of Brabant and Gelderland the Marquiss of Juliers Monsieur John de Haynault and the People of Flanders in all their Lands and Seigniories 3. That the King of Scots and Earl of Haynault and other Allies of the Kings shall send their Messengers or Ambassadors to Ib. Walâ—ing the Court of Rome by the Feast of St. John with sufficient Power to consent to and confirm the Treaty before the Pope for what belongs to them but if they would not send the Treaty was to proceed notwithstanding 4. That the Truce shall be observed in Bretagne between the Two Kings and their Allies notwithstanding they both pretend Right to the Dutchy 5. The City of Vannes shall remain in the Hands of the Cardinals or of one of them to be holden during the Truce in the Name of the Pope And after the end of the Truce they may dispose of it as they please 6. That the Cardinals shall labour diligently to find some way how the Flemmings may be absolved from the Popes Censures they had incurred Avesbury 7. That the Earl of Flanders may remain in his Earldom as Lord without Mean but not as Soveraign provided the People do Consent 8. Both Kings shall endeavour without fraud that their Subjects do not make War upon one another in Gascoign nor in Bretagne during the Truce or in any other place and in case they should there should be no Rupture between them 9. That none who were under the Obedience of one King before or at the time when the Truce was made shall put himself under the Obedience of the other during the Truce 10. That nothing shall be given or promised directly or indirectly to any Party to make War during the Truce 11. That the Truce be kept and observed by Land and Sea and Sworn to by both Parties and speedily published in both Armies and within Fifteen days in Gascoign Bretagne and Flanders and in England and Scotland within Forty The residue of the Articles are the same with those of the Truce made at the Siege of Tournay the 25th of September 1340 in the Fourteenth of Edward the Third before noted This Truce was made in the Priory of St. Mary Magdalen in the Town of Malatrait and Signed the 19th of January 1343 according to Avesbury and on the same day 1342 according to Walsingham About five Weeks after this Truce was Signed 3 Clause 17 E. III. Part. 1. M. 25. Dors Writs for a Parlement Writs were sent forth for a Parlement to be holden at Westminster on the Monday next after the Quinden of or 15th after Easter Teste Custode Witness the Guardian of England Feb. 24. c. The chief cause of Summons of this Parlement signified also in the Writ it self 4 Rot. Parl. 17 E. III. n. 7 8 9. was to treat and advise with the Great Men and Commons od les Grantz Comunes what was best to be done about the King's Affairs concerning the Truce made The Declaration of the Cause of Summons between him and his Adversary of France and then touching the Government and Safety of this Nation and his People And for that Monsieur Bartholomew de Burghesh who was with the King in Bretagne at the making of the Truce knew best how things went there the Chancellor sent to him to come and declare in Parlement the manner of making the Truce
had been agreed with sufficient Power and were very ready to Treat yet he had sent none such and therefore it ought to be considered Whether he the King of France or himself were in fault that the Peace did not proceed as it ought to have done As to the taking and punishing of the 1 Ibm. Noblemen mentioned in his Letters and that therefore the Truce was broken the Pope says he had wrote to his Magnificence and told his Commissioners That the King of France in answer to the invective Letters he had wrote to him upon that Subject affirmed That those Noblemen had manifestly violated the Truce by committing Murders by burning and wasting the Countries and doing That the Noblemen put to death had broke the Truce committed Murders c. other horrid Wickednesses in Bretagne where they were taken and punished according to Justice quod illi nobiles violando ipsas Treugas manifeste in partibus Britanniae ac homicidia depopulationes incendia alia horrenda maleficia committendo ibidem flagrantibus hujusmodi aliis criminibus capti propter praemissa alia sua facinorosa scelera deinde puniti exigente justitia extiterunt And that the same Noblemen asserted they were not in Confederacy with him but with John of Bretagne Earl of Montfort who had also denied when at Paris that he had any Confederacy with him that is King Edward Further 2 Ibm. That his Excellence could not but know that as he had complained of things attempted against the Truce in Bretagne Gascoign and otherwhere so the King of France had likewise complained of things done against the Form and Tenour of the Truce in the same places and also upon the Sea having exhibited divers Articles thereof That therefore he had directed Letters to them both about this Matter To which the King of France answered he would inviolably observe the Truce and cause And that the King of France would inviolably keep the Peace if he would do the same whatever had been done against it to be revoked provided he would do the like Then having charged him by Letter with giving assistance to Charles of Bloys taking upon him the Title of Duke of Bretagne he wrote back often That he never assisted him with Men or Money or any other way and the same thing John Duke of Normandy his Eldest Son constantly and frequently affirmed in his presence And whereas 3 Ibm. Charles of Bloys denies himself to be within the Truce he had wrote effectually to Charles of Bloys about the Observation of the Truce he came to him and in his presence and in presence of the Cardinals that mediated the Truce declared and affirmed he never entered into the Truce asseruit se nunquam truges aliqualiter inivisse nec fuerat super hoc requisitus nor was ever required or asked to do it and that by the Words * He is not named in the Truce or amongst the Allies yet 't is said in the Truce it was to be kept in Bretagne by both Kings and their Adherents of the Truce he could no ways be comprehended in it of which he seriously gave notice to his Commissioners before their departure from his Court. At which time 4 Ibm. The King of France complies fully with the Pope's Method propounded The King of England did not he thought it most expedient to avoid Scandal and for other causes to consider the Complaints made on both sides which were long many and intricate according to a Method to be propounded and consented to by both Parties concerning the Revocation of what had been done against the Truce with which he had acquainted his Commissioners and to the same purpose wrote to them both The King of France returned his Letters of Consent according to his Proposition sealed with his Seal readily and freely without any limitation of time but he prefixed so short a time as nothing could be undertaken in that Business Then 5 Ibm. The Pope's Excuse for his Legate in Bretagne to what he said concerning his Legat sent into Bretagne to cause the Truce to be observed hearing what had been attempted against it he as it had been often related to him as much as he could with Justice and as he found Compliance was more favourable to his Cause than the other as Charles of Bloys by Letters and Messengers grievously complained to him But whether his Legat did any thing unjust or injurious he knew not however upon the first Complaint of his Friends he recalled him who at his return excused himself and if he could be informed truly of any such Practice he should correct him for it After these 6 Ibm. And says that against the Tenor of the Truce he seized the City Vannes Answers he put him in mind That against the Tenor of the Truce he had seized upon the City of Vannes and expelled those who were to keep it by direction of the Cardinals and Mediators in the Name of him and the Roman Church during the Truce who were to dispose of it afterwards as they pleased Of which he said nothing in his Letters At last 7 Ibm. The Pope desires him to think seriously whether he or the King of France had violated the Truce in a long tedious Discourse telling him how God had fitted him with many Endowments to prosecute his Business against the Enemies of the Christian Faith ad prosequendum Dei negotium adversus hostes fidei Christianae he earnestly perswades him to undertake the Holy War and to think diligently Whether to himself or to the King of France the Violation of the Truce ought to be imputed Withall requesting and exhorting him in the Lord rogamus itaque Celsitudinem tuam regiam in Domino attentius exhortantes tibi sub virtute juramenti praestiti super eisdem treugis injungentes c. enjoining him by virtue of the Oath he made to observe the Truce to restore the City of Vannes And chargeth him upon his Oath to restore the City of Vannes into the hands of the Cardinals in the same Condition it was when he expelled those they appointed to keep it in the Name of him and the Church during the whole time of the Truce as therein expressed and to return to the observation of the Truce which was until Michaelmas then next coming and a year afterwards and to omit his Warlike Preparations and Insults promising to prevail with the King of France to do the like And then 8 Ibm He Exhorts him to return to the Treaty of Peace he concludes with Prayers and Exhortations by the Mercy of God to return to the Treaty of Peace and to send knowing Commissioners with Inclination towards and full Power to Treat of it and promises That having God only before his Eyes he will promote it without partiality to the praise of God the honour and profit of both parts and would induce the King of France to
of greater Force than at that time had ever been heard of que cea en arere ad este oi to invade England destroy the Nation the King and his Subjects as it manifestly appeared by what he had shewn and did show every day The other cause was to know how and in what manner the Peace of the Land might be best kept and then the Commons were commanded to treat together and take good Advice how the Malice of the King's Adversary might be resisted and for the Safety of himself and Kingdom how he might be Aided to his greatest Profit and the least Charge to his People The Commons having advised together gave the Answer following To their most Honourable and most redoubted Liege Lord his poor Commons 3 Ibm. n. 4. shew A lour tres Honurable tres Redoutez Seigneur Liege monstre sa pour Comune That at his last Parlement he sent the Noble Earls of Lancaster and Northampton autres Grantz and other Great Men to tell them That he intended not to take any thing of or charge them which they had published to the whole Land for which they had also thanked him according to their Knowledge as much as they could and prayed for him Night and Day prient pur lui nuyt jour and yet at this present Parlement upon News now come pur noveles que sont venuz he demanded a The Commons Grievances and Complaints very great Charge of his poor Commons un trop grant Charge da sa povre Comune They desire his Nobleness and most High Lordship he would please to understand the Mischiefs and Burthens of the Commons That is to say the reasonable Aid which had been pardoned in his 14th Year that is a Grant was made it should not be paid all his Reign to wit 40 s. upon every Knight's Fee to make his Eldest Son Knight whereas by Statute there was but 20 s. due upon every Fee Fifteenths of the Commons Tenths of Cities and Burghs Men at Arms Hobelors Archers taking of Victuals without paying for them Guarding the Sea and also the Subsidy of Wooll by reason whereof every Sack of Wooll that was the Treasure of the Land was sold for 40 s. less than its Value So as it would be a great Trouble to the Commons to bear any Charge Yet The Conditions of the Grant of an Aid nevertheless so as the Aid now to be granted might not be turned into Wooll neither by way of Loan or Value or in any other manner nor levied too hastily but in the Form it was to be granted and that the Eyres of Justices in the mean time might cease as well of the Forest as of Common Pleas and General Enquiry in the whole Land if this Aid should be levied That no Subsidy upon Wooll for the future may be granted by the Merchants That no Imposition Loan or other Tallage or Charge whatsoever shall be put upon them by the Privy Council without their Grant and Consent in Parlement That Two Prelates Two Lords and Two Justices might be assigned to hear and dispatch their Petitions which were not answered in the last Parlement and that their Petitions in this Parlement might also be answered according to Reason and the Answers to remain in force without being changed or altered That the Justices do enquire of False Money which destroys the People That David Bruys William Douglass and other Chieftains of Scotland may in no manner be released neither by Ransom nor upon their Faith That he would restore the 20000 Sacks of Wooll taken of the Commons by way of Loan That an Aid to Marry his Daughter might not be taken the mean time and That there might be no Marshalcy in England except that of the King or the Guardian of England when he was out of the Kingdom Vpon these Conditions and otherwise not sur cestes Conditions autrement nient and also that they may be entred in the Parlement-Roll as Matter of Record come chose de Record by which they might have Remedy if any thing should be done to the contrary in time to come The said poor Commonalty to their very great Mischief Grant to the King si grante la dite povre Communalte a lour trop grante Mischief a nostre Seigneur le Roy trois Quinzismes c. three Fifteenths to be levied in three Years to begin at Michaelmas next coming so as every Year one Fifteenth may be levied and no more at two Terms in the Year St. Michael and Easter by even Portions and that this Aid may be assigned and reserved only for the War and not to pay Debts And if the War should cease or a Truce be made then the Fifteenth of the last Year not to be levied That of these Conditions and the manner of this Grant Letters Patents shall be made and sent into all Counties without paying any thing for them wherein shall be made mention of the great Necessity the King was in after the last Parlement And in case the War should break out toward Scotland the Aid granted beyond Trent should be employed for the Defence of those Parts as it had been formerly About this time Lewis of Bavaria being dead several of the The Electors offer to chuse K. Edward Emperor of Germany Electors met at Colen from whence they sent Ambassadors to King Edward and offered to Elect him Emperor of Germany 4 Claus 22 Ed. III M. 20 Dors A. D. 1334. He refuseth their Offer in Return to which Offer he sent Sir Hugh Nevill and Ivo de Glinton Canon of St. Paul with his Refusal of that Dignity and great Thanks for the Honour they intended him The time of the Truce of Calais being near expiring 5 Rot. Fran. 22 Edw. III. M. 13. Several Truces continued and made the King upon the Pope's sending Commissioners either to prolong the Truce or Treat of a final Peace the former was agreed for six weeks Which Term being ended the Ambassadors on both sides met between Guines and Calais and agreed to another Truce to begin on the 13th of November and continue to the first of September 1349 Which Truce on the second of May that year 6 Rot. Fran. 23 Edw. III. M. 9 10. Dors was prorogued to the Feast of Pentecost 1350. The Articles were much the same with those of the Truce before Tournay A. D. 1340 and of that before Vannes A. D. 1343. This year says Walsingham was 7 F. 168. n. 10. Glorious in England for Peace Victories the Spoils of Caen Calais and other Towns and Cities in France as also for Garments Furs Gold and Silver Vessels and other rich Vtensils which were seen almost in every House and that then it was the English Dames began to pride themselves in the Apparel The English Women imitate the French in Apparel of the French Dames In a very short time after the Truce as above was concluded the Lord Geofrey Charny
the Commons if they had any Petitions of Grievances done to the People or for the amendment of the Law they should bring them into Parlement and told the Prelates and Lords they were to attend the Business of all Persons Petitions in the Places where they were assigned And then after a long 6 Ib. n. 9. Treaty and Debate by the Commons that is the 24 or 30 Persons chosen to confer with the Great Men sent to them by the King with the Commonalty and the Advice of the Great Men sent to them as well about a convenient Ayd to the King to oppose the Malice of his Adversary as about making the Petitions concerning the common People of the Land puis apres longe Trete Deliberation eues pur les Upon Treaty of the Committee and Advice of the Lords sent to them Comunes ove la Comunalte lavis de ascuns des Grantz a eux envoies sibien sur un eide que convendroit a Roi c. The Commons came before the King and all the Great Men in Parlement vindrent les ditz Comunes devant nostre Seigneur le Roi touz les Grantz en Parlement and shewed how the Common People of the Land were much impoverished by the late Mortal Pestilence as by other Burthens Taxes Taillages and many other Payments laid upon them but notwithstanding these Mischiefs having regard to the necessary Defence to be made for the safety of the Nation against so great Malice of the Enemies of the Kingdom delivered to the King in full Parlement a Roll baillerent a le Roi en Parlement une A Roll of an Ayd and the Petitions of the Commons was delivered to the King Roul c. containing as well the Ayd which they had intirely with one accord granted as the Petitions touchant la comune de la terre concerning the Commons of the Land to which they prayed the King to give a good and quick Answer bon hastif Respons He granted their Prayer and Thanked them for the great Ayds given him before and for that now granted and for the good Will and Nature which he had always found in his Commons before this time and now finds in this Affair Then follows the Grant 7 Ib. n. 10. The Ayd of Three Tenths and Three Fifteenths granted to the King this Parlement by the Great Men of the Land and the whole Commons Grantees a nostre Seigneur le Roi en cest present Parlement par les Grantz du Roialme par tote la Comune c. for the great necessity declared to the said Commons by the King and Great Men par le Roi les Grantz avantditz to be paid as the last Tenths and Fifteenths were in Three years c. upon the Conditions following To wit 8 Ib. n. 11. The Conditions of the Ayd That all the Fines Issues Amerciaments Profits and Excesses levied or to be levied upon the Labourers Artificers Regrators c. go to the Commons toward this Tax c. as in the Statutes at Large now nothing to the purpose and so the Answer That hereafter 9 Ib. n. 12. no Tax Taillage Ayds or Charges be demanded or levied of the Commons and that all the reasonable Petitions prayed by the Commons may be granted confirmed and sealed before the departure of this Parlement As to Tax and Taillage 1 Rot. Ib. The King's Answer 't is not the intention of the King or the Great Men ne des Grantz they should ever be charged As to granting their reasonable Petitions the King is pleased it should be done Also the Commons pray 2 Ib. n. 16. the Loans that were granted to the King by many Persons of the Commons may be released and none compelled to make such Loans for the future against his will for that 't was against Reason and the Franchise of the Land and that Restitution might be made to those that had made the Loans The King 3 Rot. Ib. The King's Answer is pleased it should be so Also That whereas the Justices 4 Ib. n. 17. assigned in divers Counties have judged many Men that were Arraigned before them as Traitors for divers Causes unknown to the Commons to be Treason That the King by his Council par les Grantz Sages de la Terre and by the Great and Wise Men of the Land would please to Declare the Points of Treason in that Parlement The 5 Rot. Ib. The Answer Answer was as in the Statute of the 25th of Edward the Third Cap. 2. The next year about the beginning of August Sir Walter de 6 Avesbury c. 81 82. p. 121. b. 122. a. b. A. D. 1352. 26 Ed. III. A great Victory obtained over the French in Britany Bintley the King's Governor of Britain and Parts adjoining with a small number of English in respect of the great Army a Marshal of France had encompassed them with in the Plains near the Town of Mauron obtained a considerable Victory having killed Sevenscore Knights and as many Escuyers and Men at Arms as made the number 500 besides Common Soldiers without number and many taken Prisoners according to his own Relation in a 7 Ibm. Letter to the Lord Chancellor John Thoresby Bishop of Worcester and soon after Arch-Bishop of York in which he mentions the Names of those of the best Quality that were slain or taken On the 6th of December * Mezeray fol. 372. Pope Clermont the Sixth dies Innocent the Sixth succeeds Pope Clement the Sixth died and Cardinal Stephan de Albret Bishop of Clermont succeeded him the 18th of the same month a Limosin by Birth and took upon him the Name of Innocent VI. In the 27th of his 8 Clause 27 Ed. III. M. 12. Dors A great Council summoned Reign he issued his Writs July 15 by which he summoned a great Council to meet at Westminster on Monday after St. Matthew the Apostle 9 Rot. Parl. 27 Ed. III. n. 31. or 9. The causes of it declared on the 7th of October The King Prelates and Great Men le Roy Prelates Grants being in the 9 Rot. Parl. 27 Ed. III. n. 31. or 9. The causes of it declared White Chamber les coes appellez the Commons were called and Monsieur Bartholomew de Burghersh the King's Chamberlain told them That the King thinking how he might best Ease his People who had been often charged with Impositions and great Ayds by reason of the War against his Adversary of France who detained his Rights and Heritage of the Crown of France had sent lately the most Noble and Excellent Persons of his Realm the Arch-Bishop of Canterbury the * He was created the the first Duke of Lancaster on the 6th of March 25th of Ed. III. See pat 25 E. III. p. 1. M. 18. Duke of Lancaster and other Prelates and Great Men to Guynes to Treat with the Deputies of his
effect for the Faults found with it on the part of his Adversary pour defaute coupe trove de la part son Adversair That while his Ambassadors remained there the King of Navarre who about two Years before had Married 3 Mezeray f. 372. The King abused and cheated by the King of Navarre Jane the King of France's Daughter had complained often to the Duke of Lancaster of the 4 Rot. Parl. ut supra Wrongs and Hardships he had suffered from the King of France affirming upon his Oath he would willingly enter into an Alliance with the King against his Adversary with all his Power and pressed him so often that at last the Duke promised an Alliance if the King pleased That thereupon he engaged to make himself as strong as he could with Ships and Land Forces and come to the Isles Guernsey and Jersey to affirm and make good the Alliance pur affermer secure lalliance That for this cause upon the Duke's return into England the King informed of this Agreement caused to be got ready an Army and Fleet of great Ships with which he sailed out of the Thames towards the Isles and the Winds being contrary with much trouble got to Portsmouth and there staid so long as he received certain Intelligence the King of Navarre would not proceed in or had quitted the Alliance que le Roy de Navarre entre lesse la dite Alliance against his Promise and Oath and was become an Allie of his Adversary Whereupon the King returned with his Fleet and Forces nostre Seigneur se retourna ove sa Navie Gentz and seeing he could not have Peace and the Alliance failed and also that his Adversary made himself strong with Men at Arms and other Forces near Calais thinking to have a speedy Battel with him he resolved The King passeth to Calais with his Fleet and Army His Foreign Allies with his Fleet and Army to pass over to Calais That when he was landed by Advice of his Council he Mustered his own Forces and those of his Allies which he found there as those of Monsieur Henry de Flanders Monsieur Frank de Vanhale and other People of Almain in great number and marched out of Calais on the Feast of All-Souls or 2d of November toward the He could not provoke the King of France to Battel Places where by Spies or other means he could be informed his Adversary was that he might bring him to a Battel But to avoid that he fled Night and Day the King pursuing him wasting and burning the Country throughout degastant ardent bruillant le pays par tut until by Assent of his Council because his People were much wearied for want of Wine having drank His Men wearied for want of Wine only Water for near four Days per cause que les Gentz fuerent molt lassez pur defaute de Vin ne buerent que de eau bien per quatre jours he returned toward Calais where he designed to have fought his Enemy but he came not Then he paid off his Allies very He pays off his Allies and returns into England frankly they having been there a long time and returned into England to his Parlement After this Relation the 5 Ib. n. 10. Commons were told by Sir William Shareshull Chief Justice of the Kings-Bench They ought to have regard to the great Trouble the King had endured for the Defence and Safety of the Kingdom and of his Readiness to march into Scotland against his Enemies who had taken the Speedy Advice desired of the Parlement The King desires to finish the War with France Town of Berwick by Force And that to shorten the Time of Parlement and their stay in the Town they were to give speedy Advice what was best for the King to do to make an end of the War with France which he desired sovereignly or above all things might be done with dispatch quel il desire sovereignment que soit fait en hast and how he might be best aided to do it to the least Grievance of his People and most Profit to himself he gave them time to answer until Friday next following en sur ceo les dona jour de Respons de Vendredy preschien suant and in the mean time to prepare their Bills and Petitions and bring them into Parlement 6 Ibm. n. 11. A quen Vendredy vindrent les dites Comunes en la presence nostre dit Seigneur le Roy Prelatz Grantz assemblez en la Chambre blanche el eue illoques une brief parlance ove les dits Grantz Granterent uniement c. On which Friday the Commons came into the presence of the King Prelates and Great Men assembled in the White Chamber and having there a short Conference A Subsidy of 6 years granted to the King with the said Great Men Granted uniemen dune accort unanimously and of one accord to the King the Subsidy of Wooll Leather and Woolfel's for six years next coming So as during that time the King should not put any Impositions or other Charges upon the Commons and then they brought their Petitions before the King who answered them Avesbury in his 7 p. 126. a. b. c. 95. His Expedition into France Narrative of the King's Expedition into France tells us That after his return to Calais on Wednesday the Feast of St. Martin or 11th of November the Constable of France and others met the Duke of Lancaster the Earl of Northampton and Sir Walter Manny at the end of the Causway of Calais and by Letters of Credence from their King offered Battel to the King of England on Tuesday following The English Lords answered by the King's Command de Praecepto Regio That it was his Intention as much as he could to avoid the Effusion of Christian Blood and therefore desired to fight Body to Body with his Adversary so as the whole Right to the Crown of France might be decided by this Battel between them two And if this was refused That each of them should take to him his Eldest Son and if he admitted not that Then both to chuse Two Three or Four Knights the nearest to them in Blood to be joined to them and their Sons that so the Right to the Kingdom of France might be finally determined and that he who was Conquered should yield it to the Conqueror Which Offers the French refused standing to their Proposition of Fighting on Tuesday The English offered to Fight the next Day or Saturday The French persisted in their First Offer which the English accepted upon Condition That if they could not bring their King to Battel on that Day they should render themselves Prisoners to the King of England as in like manner they would render themselves Prisoners to the King of France if they brought not then their King to Battel The French refused this Offer and the English thought they trifled with King Edward
Silver to be paid in Nine Years by equal Payments the first whereof to begin at the Purification of the Virgin next coming after the Date of the Treaty or within Fifteen days after and to be made at Berwic if in the hands of the English otherwise at Norham-Castle in Northumberland not far from thence 2. That there should be a Truce upon sufficient Security by Instruments and Oaths between King Edward and all his People of England Scotland and the Isle of Man and David de Bruys and all the other People of Scotland and their Adherents by Land and by Sea in all Places without Fraud or Deceit until the said Sum was fully paid and that Edward de Baliol and other his Allies and Adherents should be comprised within the Truce 3. That all People of one Part and the other during the Truce A Truce for 9 years between England and Scotland with the Articles might Negociate and have intercourse one with another by Land and by Sea except Castles and Fortified Towns and Places And that if during the Truce any Country Town Land Burgh Possession Castle or Person of what Estate or Condition soever he was at the Day of making this Agreement should be taken or received into the Faith or Peace of one Party from the other soit pris ou receu de une Foi ou Pees a lautre that full Restitution should be made without Delay Contradiction or Fraud the same Hour they were demanded 4. That for the Payment of the Money according to the Agreement David was to send Twenty Hostages into England who were Twenty of the Eldest Sons and Heirs of the Earls and Best Men of Scotland named in this Article to remain there until the Money was paid c. 5. That the said David and the other Great Men of the Kingdom of Scotland as well Bishops and Prelates as other Lords of the Land should be bound by Letters and Oaths in the best manner and form could be devised for the Payment of the Money and Observation of the Truce And that the Merchants and Comunes of Aberdeen Dundee Perth and Edinburgh should be bound accordingly for themselves and all other Merchants of that Kingdom for the Performance of the Payment and Truce 6. That if the said David or others that should be bound for the Payment of the Money should fail of Payment of any of the Terms then the Body of David was to be re-entred into the Castle of Norham within three Weeks after every Failure there to remain until the Sum was paid 7. That if there should be any Rebels in Scotland against David item in cas que auscuns Rebelx Descoce soient contre le dit David they should not be received maintained ir supported by any in the Faith of King Edward Or if any in the Faith of King Edward should rise or rebell against him or his Officers he should not be received maintained or supported by the said David or any in his Faith or Legiance 8. By the Advice and Assent of the Prelates Great Men and Sages of the Kingdom King Edward accepted the Treaty and promised and granted in Good Faith That if David the Prelates Great Men and others of Scotland of his Party would observe and perform as much as belonged to them the Things treated and agreed upon That he would also keep and perform and cause to be observed the same without Fraud or Deceit according to the Purport of the Treaty In Witness and Confirmation whereof King Edward made his Letters Patents Dated at Westminster on the 5th of October This Treaty and all others before proved ineffectual 2 Hect. Boeth f. 326 b. n. 50. A new Treaty because the Scots would not consent to the Terms and Conditions of the Release Yet the Endeavours and Mediation before mentioned were continued and on the Third of October this Year Commissioners on both sides met at Berwic for King Edward 3 Rot. Scot. 31 Ed III. M M. 2. Dors A. D. 1357. The Commissioners on both sides John Arch-Bishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Ralph Neville Henry le Scrope and Thomas Musgrave For Robert Steward Guardian of Scotland and the Prelates Lords and Commons of that Kingdom William Bishop of St. Andrews Thomas Bishop of Catness Patrick Bishop of Brechin Chancellor of Scotland Patrick Earl of March Robert de Irskin and William de Levington Knights When it was Agreed 1. That King David should be Released set Free and Ransomed for The Articles of a 10 years Truce K. David to be released an Hundred thousand Mercs Sterling Money to be paid yearly by Ten thousand Mercs the first Payment to begin at Midsummer then next following 2. That there should be a Truce kept and observed in England Scotland and the Isle of Man until the Money was paid And That Edward de Baliol and all King Edward's Allies should be included in this Truce 3. That for Payment of his Ransom Twenty Hostages should be delivered by King David there named in the Conditions of their Delivery 4. That King David the Prelates and Peers of Scotland should This and the former Truce to be observ'd be bound by Writing and Oath for Payment of the Money and Observation of the Truces 5. That if the Money was not paid as agreed they should be obliged to return the Body of King David who was to remain Prisoner while it was paid according to every Term of Payment These and some other Articles were the Conditions upon which he was released after more than Eleven Years Imprisonment King David was no sooner returned into Scotland after his Deliverance but he began to chastise 4 Hect. Boeth ut supra n. 60 70 80. K. David punished such as deserted him at the Battel of Durham such as deserted him and left the Field at the Battel of Durham And first he deprived Robert Stewart of the Right of Succession and declared Alexander Sutherland who was his own Sister's Son his Successor Robert Stewart being Son to the Daughter of the First Wife of Robert Brus and caused all the Nobility of Scotland to Swear Fealty to him But Alexander dying soon after he established Robert Stewart in the Succession according to his Right and caused the Nobility again to Swear Fealty to him He took away part of the Earl of the Marches Estate another Great Officer in the Army and punished others according to their Deserts It is not much to the Purpose of this History what the Troubles The Troubles and Confusions in France during King John's absence and Confusions were in France and the Miseries of that Nation during King John's Captivity or rather his Absence only from the French People they may be seen in the French Historians by such as desire to know them The bold Behaviour of the Provost of the Merchants and Parisians against the Dauphin the Insolence of the Rustics against the
Seigneuries and Soverainties and these Words or Sentence without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France also the last Words in what manner soever 8. Also it is agreed That the King of England shall have the Cities Counties Castles Lands Countries Isles and Places before named with all their Appurtenances and Dependences where-ever they are to hold to him his Heirs and Successors heritably and perpetually in Demain as the Kings of France held them and in the same manner saving what hath been said above in the Article of Calais and Merk and also the Cities Castles Counties Lands Countreys Isles and Places before named Rights Mere and Mixt Empire Jurisdiction and Profits whatever which any Kings of England held there with their Appurtenances and Dependences any Alienations Donations Obligations or Incumbrances had or done by any of the Kings of France in Seventy years from that time by whatsoever Cause or Form it was all such Alienations Donations Obligations or Incumbrances are now and shall be wholly annulled repealed and made void And all things so given alienated or incumbred shall be really rendred and delivered to the King of England intirely and in the same Condition they were Seventy years since or to his special Deputies as soon as they may without fraud and at furthest before Michaelmass next come twelve-months to hold them heritably and perpetually and to his Heirs and Successors except what is said in the Article of Ponthieu which is to remain in its force and saving all things given and alienated to Churches which shall peaceably remain to them in all Countries before and after named so as the Parsons of the Churches pray diligently for the Kings as for their Founders wherewith their Consciences shall be charged 9. Also it is agreed the King of England shall have and hold all the Cities Counties Castles and Countreys above-named which anciently the Kings of England had not in the same Estate as the King of France and his Sons hold them at present 10. Also it is agreed That if within the Limits of the Countreys the Kings of England anciently possessed they should now have any thing that was not then theirs of which the King of France was in possession on the 19th of September 1356 they shall be and remain to the King of England and his Heirs as above-said 11. Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they could without deceit and at furthest before Michaelmass 1361 should render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right Mere and Mixt Empire all manner of Jurisdictions high and low Resorts Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King or Crown of France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appurtenances and Appendances whatsoever or in Persons Vassals Subjects or whosoever of them be they Princes Dukes Earls Vicounts Arch-Bishops Bishops and other Prelates of the Church Barons Noblemen and others whosoever without reserving or retaining any thing to them their Heirs and Successors or to the Crown of France or others whatever it be whereby they their Heirs and Successors or any Kings of France or other Person under pretence of the King and Crown of France may challenge and demand any thing in time to come from the King of England his Heirs and Successors or upon any of the Vassals and Subjects aforesaid by reason of those Countreys and Places Also all the before named Persons their Heirs and Successors shall for ever be the Liegemen and Subjects of the King of England his Heirs and Successors and that he and they shall hold all the Persons Cities Counties Lands Countreys Isles Castles and Places afore named and all their Appurtenances and Appendances and they shall be and remain to them fully perpetually freely in their Seigneury Soverainty Obedience Ligeance and Subjection as the Kings of France had and held them in any time past and that the said King of England his Heirs and Successors shall have and hold perpetually all the Countreys before named with their Appertenences and Appendences and other things before named with all perpetual Franchises and Liberties as Soveraign and Liege Lord as Neighbour to the King and Realm of France without acknowledging any Soveraign or performance of any Obedience Homage Resort Subjection and without doing in any time to come any Service or making Recognisance to the King or Crown of France for the Cities Counties Castles Lands Countreys Isles Places and Persons before named or for any of them This Article was Corrected and at least Two Parts of Three left out of the Corrected Letter as then called or Copy the whole Article there being no more then what follows Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they can without fraud and at furthest before Michaelmass 1361 shall render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right mere and mixt Empire all manner of Jurisdictions high and low Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King and Crown of France ou a aucun autre person a cause du Roy de la Coronne de France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appertenences and Appendences whatsoever or in Persons Vassals Subjects or whosoever of them 12. Also it is agreed That the King of France and his Eldest Son shall renounce expressly all Resorts and Soveraignties and all the Right they have or can have in all those things which by this Treaty ought to belong to the King of England And in like manner he and his Eldest Son shall renounce expressly all those things which by this Treaty ought not to belong or be delivered to him and all demands he makes of the King of France and especially to the Name and to the Right of the Crown of the Kingdom of France and to the Homages Soveraignty and Demain of the Dutchy of Normandy the Dutchy of Tourain the Counties of Anjou and Main the Soveraignty and Homage of the Dukedom of Bretagne and the Homages and Soveraignties of the Country and County of Flanders and all other Demands he can or shall make of the King of France for
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
Treason and to be punished without Remission or Connivance And further That one King do not Receive the Enemies of the other but preserve their Honour Reciprocally And that King 1 Ibm. Edward on his Part deputed no body to Bruges at the time appointed to make the Exchange of the Treaty and Renunciations 2 Ib. f. 694. A. B. That instead of delivering the Fortresses and Garrisons he held in France at his own Charge as he was expresly bound by the Treaty he kept many in his own Name under pretence of Wages due to the Soldiers as then unpaid and seized upon others and continued the War in effect by those of his Party who changed their Names and called themselves Companions who would not yield the Places they held without an unreasonable Redemption or Payment for the quitting of them Further That he took no notice of the Difference between his Son-in-Law John Montfort and Charles Earl of Blois concerning the Dutchy of Bretagne as by the Treaty he was equally bound to do as the King of France was but suffered the War to continue there to weaken the Force of France and to prevent the Return of the Companions into England lest that might have been too great Charge and Trouble to him That he never kept his Faith with France Lastly That he had done Homage and sworn Fealty to the King of France as to his Superiour Lord for the Dutchy of Aquitan Earldom of Ponthieu c. Mezeray 3 Fol. 388. writes That King Edward thought himself absolute Soveraignt in Guyen by the Treaty of Bretigny but as on his side he had not Disbanded his Soldiers and moreover he had committed divers Hostilities the King of France pretended that Treaty was null and void and that therefore he remained still a Vassal to the Crown And that it was upon this foot that All the Lands the King of England held in France declared so feit and to be confiscated for Rebellion Contempt and Disobedience he sent to declare War against him And afterwards his Parlement being assembled on Ascension-Eve sitting in his Seat of Justice made a Decree by which for Rebellion Contempt and Disobedience they declared forfeit and confiscated all those Lands the King of England held in France But beyond this Pretence in the Declaration of the Confiscation of the Dukedom of Aquitan against King Edward and the Prince of Wales by Charles V. King of France Dated at Vincennes the 14th of May 1370. it is positively affirmed That the Superiority and Resort of the whole Dukedom of Aquitan and the other Lands delivered and assigned to the English by that Treaty were especially and expresly reserved to his Father himself and Successors See the Instrument it self in Codex Juris Gentium Diplomaticus Fol. 229. Paragraph 1. wherein they are said to have violated the Peace they solemnly Sware to maintain and for that their Rebellion there so called their Contempt and Vsurpation of the Superiority and Resort of the Dukedom of Aquitan and other Lands and many other Crimes there mentioned that Dukedom c. was decreed Confiscate and to be annexed to the Crown of France The War being open the King 1 Claus 43 Ed. III. M. 24. Dors A. D. 1369. Summoned a Parlement to meet on the Octaves of Holy Trinity or the next Sunday after that Feast being May 27. this Year 2 Rot. Parl. 43 Ed. III. n. 1. A Parlement called The cause of Summons The King Prelates Dukes Earls Barons Knights Citizens and Burgesses being in the Painted Chamber the Bishop of Winchester then Chancellor shewed the cause of Summons telling them That the King in all his great Business touching himself and the Kingdom had in all times done and wrought de tout temps ad fait overs c. by the Counsel and of the Great Men and Commons of the Realm who he found in all his Affairs Good and Loyal for which he thanked them and would not any thing should be unknown to them He further told them That with their Advice and An account of the Transactions between K. Edward and his Adversary of France Counsel he had made Peace with his Adversary of France upon certain Conditions That he should cause to be delivered unto him certain Lands and Countries beyond Sea and also pay him certain Sums of Money at certain times appointed in the Peace and that he should lay aside the Use of Resort in all the Lands and Countries of Gascon and all the Lands and Countries which the King held beyond Sea and that he was to part with the Name and Title of the King of France for the same time pur His unfaithful Dealing with K. Edw. mesme le temps That his Adversary had wholly failed to make Delivery of the Lands and Countries so Agreed to be Delivered by the Peace and of his Payment also That nevertheless he had received the Appeals of the Earl of Armynak the Lord de la Bret and others which were the King's Lieges in Gascon and by virtue of their Appeals had caused to be Summoned the Prince of Gascoigne to appear before him at Paris le Prince de Gascoigne dapparer devant luy a Paris c. the first Day of May last past to Answer their Appeals against the Form of the Peace 3 Ibm. n. 2. And further That he had sent a great Number of Men at Arms and others into the Countries of Gascoigne and there by force had taken Towns Castles Fortresses and other Places killed some of the King's Liege People taken others and imprisoned them in expectation of great Ransoms The like also he had done in Ponthieu And because of these things done in the Principality against the Form of the Peace 4 Ibm. n. 3. the Prince sent solemn Messengers to inform the King he had called to him the most Wise Men of the Principality and treated with and propounded to them whether by reason of these things he might not by Right and Reason retake upon him and use the Name of King of France who answered and affirmed the King might do it by Right and Good Faith de Droit bon Foi 5 Ibm. Upon which Point the Arch-Bishop of Canterbury and the other Prelates were charged by the King furent chargez par le Roy to treat and shew their Advice and Counsel lour Avys Conseil On Wednesday following the 6 Ibm. n. 8. King Edward by Advâ—câ— of Parlement retakes upon him the Title and Name of King of France Arch-Bishop and Prelates after mature Deliberation had upon the Charge with one accord answered and said respondrient desoient That the King for the Causes above-said might retake and use the Name of King of France by Right and good Conscience To which Agreed the Dukes Earls Barons and other Great Men and Commons in full Parlement a ce 7 Ibm. accorderent les Ducs Countes Barons autres Grants
permit him and to Bertrand himself to come into France and to enter into his Service who made all the haste he could and came and joined the Duke of Anjou at Tholouse About the same time the 8 Ib. c. 279. The Duke of Lancaster arrived at Burdeaux with more Forces from England Duke of Lancaster arrived at Burdeaux with more Forces from England who marched forthwith to the Princes Rendezvous at Cognac where he met with the Earls of Cambridge and Pembroke who all joining with the Forces of Xantong and Poictou which the Prince had Summoned in made a great Body of Men. In the mean time 9 Ib. c. 280. Limoges delivered to the French the Duke of Berry lay before Limoges who being reinforced with Forces sent under the Conduct of Bertrand de Guesclin caused the City to Treat and was soon delivered by the Bishop and Citizens into the hands of the French to whose King they gave their Faith and Homage While these things happened in Aquitan the Command of the 1 Ib. c. 280. Mezer. f. 390. The English harass and burn the Countries about Paris Army about Picardy was given to Sir Robert Knolls which terrified the Country as far as the Loir it harassed Vermandois Champaign la Brie and the Isle of France burnt all round Paris yet nothing could move the King of France to send out of Paris any Force against them The Prince much inraged with 2 Froysard c. 283. The Prince inraged with Limoges takes it by Storm puts to the Sword 3000 Men Women and Children Burns and destroys the Town Limoges for rendring as it did was resolved to execute his Revenge upon it set his Miners to work to undermine the Wall which they did in the space of a month so as a great part of it fell into the Ditches when the Town was taken by Storm and more than Three thousand Men Women and Children of the Inhabitants put to the Sword the Town burnt and destroyed by the Prince's Command The Bishop likewise should have had his Head strucken off had not the Duke of Lancaster begged him of the Prince and the Pope by sweet Words and kind Intreaty prevailed with the Duke to send him to Avignon 3 Ib. c. 280. The weak Condition of the Prince 4 Ib. c. 287. His return to England The Prince at this time was carried in a Horse Litter being so weak he could not ride This was the last Warlike Athievement of the Prince being 4 advised by his Physicians and Chirurgeons to return into England for his Health's sake He took their Advice and with his Princess his young Son Richard the Earls of Cambridge and Pembroke came for England leaving the 5 Ibm. A. D. 1370. Affairs of Aquitan to the Management of his Brother John Duke of Lancaster By this time 6 Du Chesne f. 707. B. Bertrand de Guesclin had Baffled the Army of Sir Robert Knolls that had Braved all France and recovered from the English many Towns and Fortresses for which Services he was Bertrand de Guesclin made Constable of France made Constable of France on the Second of October In the latter end of the 44th year of Edward the Third on the 8th of January he 7 Rot. Claus 44 Ed. III. M. 1. Dors issued Summons for a Parlement to meet on Monday in the first week of Lent being the Feast of St. Matthias or 24th of February in the 45th of his Reign on A Parlement summoned which day the King Prelates Great Men and Commons Grantz Coes assembled in the Painted Chamber 8 Rot. Parl. 45 Ed. III. n. 1. The Cause of Summons and the Bishop of Winchester then Chancellor declared the cause of Summons to be That by their assent last Parliament the King did retake upon him the Name of King of France because his Adversary had broke the Peace and used the Resort which by that belonged to him for which cause and others he had been at great Expences and sent some Great Men and others to a great number to recover and conquer his Right par son droit avoir conquere and that the King had received News from his Friends and Allies That his Adversary had made himself stronger then he had done before que son adversair se fait plus fort quil nad fait devant and directed so great a number of People to be brought together as seemed to him were able this year to put him out of possession of all his Lands and Countreys beyond Sea as well in Gascoign as at Calais Guines Pontheu and other Places and further That he had such a Fleet ready as seemed sufficient to destroy the whole English Navy a destruire toute la Navy Dengleterre and also That he prepared to send over a great Army into this Land to destroy conquer and subject it to his Power Wherefore the King required and charged the Great Men and Commons par quoi le Roi requert charge les Grantz Coes That they would Advise about these Points and Counsel him how the Kingdom might be safely guarded the Navy preserved from the Malice of his Enemies how his Lands beyond Sea should be kept the War there maintained and the Conquest of them carried on Upon these 9 Ib. n. 8. Causes thus propounded and many ways of Ayd Touched Treated of and Debated between the Great Men and Commons plusours voies de eide touchez tretez parlez debatuz per entre les Grantz Comunes in consideration of the great Costs and Charges the King was to be at for the Causes abovesaid the same Great Men and Commons mesmes les Grantz A Subsidy of 50000 l. granted to be levied ratably upon every Parish Comunes on the 28th day of March granted a Subsidy of 50000 l. to be levied of every Parish of the Land 22 s. 3 d. so as every Parish of greater value should contribute ratably to those of less value But at the Great Council holden at 1 Ib. n. 6. A great Council at Winchester The number of Parishes could not answer 50000 l. as it was to be levied upon them and therefore they were Taxed higher Winchester Eight days after Trinity Sunday the Chancellor shew the Great Men and Commons there assembled fust monstre par le Chancellor as Grantz Comunes illoeques assemblez That the number of Parishes in England would not answer the Sum of 50000 l. as might appear by the Certificates of all the Arch-Bishops Bishops and Sheriffs made and returned into Chancery by the King's Warrant 2 Ib. n. 10 â—1 Note That the Transactions of this Council and the precedent Parlement are entered in the same Roll and the numbers continued as if it were one and the same Assembly Which Certificates being Examined sur se plusors tretes parlances eues and many Treaties and Conferences had upon the Matter at last in full accomplishment of the Sum of
not land Having kept the Sea about five weeks and the time limited for Relief or Surrender of the Town being past he returned to England in the beginning of October 2 Ib. c. 306. Poictou Xantogne and Rochelois lost This unhappy Voyage with the Disaster of the Earl of Pembroke lost all Poictou Xantogne and Rochelois On the very day 3 Pat. 46 Ed. III. Part. 2. M. 25. Richard Son to the Prince of Wales made Guardian and Lieutenant of England in his absence he put to Sea he made his Grandchild Richard Son to the Prince of Wales then scarce Seven years old Guardian and his Lieutenant of the Kingdom during his absence appointing him a Council fit for the Management of the Publick Affairs Two days after on the first of September 4 Clause 46 Ed. III. M. 11. Dors Summons of Parlement he issued Writs of Summons for a Parlement to meet 15 days after Michaelmass but before that time King Edward was come into England and by his 5 Ib. M. 10. Dors Which Prorogued by Writ Writs dated at Winchelsea on the 6th of October he prorogued this Parlement to the morrow of All-Souls or 3d of November Sir John Knivet 6 Rot. Parl. 46 Ed. III. 11. 1 2 3. Further Declaration of Summons declared in part the Causes of Summons the Parlement being adjourned until Friday after that Monsieur Hugh Bryan in the White Chamber acquainted 7 Ib. n. 7. The Revenues of Guien not sufficient to support the Government of it c. the Prelates Duke Earls Barons and Banerets les Prelates Dâ—â— Countes Barones and Banerets That the Prince who had the Principality of Guyen by the Grant of the King had often signified to him when there by Letters and Messengers That the Revenues and Profits arising from the Principality did not nor could suffice to maintain him and support the Government and Wars against their French Enemies and other necessary Charges without great assistance from the King and that the Prince having made these things appear to the King and Council when first he came into England had surrendred 8 Ib. n. 8. The Prince resigns it into the King's Hands into the King's Hands the Principality and all he could claim there by virtue of his Grant in the presence of the King's Council and some other Great Men. On the next day being 9 Ib. n. 9. Yet a further Declaration of Summons Saturday Sir Hugh Bryan before the Prince Prelates Dukes Earls Barons and Commons in the White Chamber more especially declared the Causes of Summons That the King by Advice of the Great Men des Grantz had ordered many Great Men plusours des Grantz with sufficient Power some into Gascoigne others to Calais to oppose the Malice of his Enemies and make War upon them by all the ways they could That afterwards for sudden News that came to the King he made ready with all his Power to put to Sea or go to Sea ove tout son poair daler sur la Meer against his Enemies to do what he could against them but by reason of the Wind being contrary and other Causes reasonable par contrariousete de vent autres causes reasonables he came back into England and caused to be summoned and prorogued this Parlement that the Great Men who were with him upon the Sea might be there that by the good Advice and Counsel of them and others and The French make themselves stronger by Sea and Land then ever they had done before also of the Commons anxi une la Coe he might do the best he could for the safety of the Nation and to resist and oppose the Malice of his Enemies who had made themselves much stronger by Land and Sea then ever they were before qui plus safforcent de guerer si bien par terre come par Meer que unques fesoient a devant And then 1 Ibm. beseecheth the Prelates Prince Dukes Earls Barons and Commons on behalf of the King supplia as ditz Prelates Prince Ducs Countes Barons as Coes de par le Roi that they would advise upon this Matter and give such Counsel donner tiel conseil and Ayd to the King as seemed to them best profitable for the Nation and to restrain the Malice of his Enemies Queux 2 Ib. n. 10. These Commons were the Knights of Shires Prelates Prince Ducs Counts Barons Coes eu sur les pointes de lour charge as dependantz dycelles plein deliberation c. which Prelates Prince Dukes Earls Barons and Commons having had full Deliberation upon the Points of their Charge and the Dependences thereon and also considering the great and outrageous Charges and Expence the King was to be at for the Defence of the Nation and Maintaining the War against his Enemies granted him the Subsidy of Wooll Leather and Wooll-fells A Subsidy upon Wooll c. for Two years to begin at Michaelmass last past of every Sack of Wooll which passed out of England 43 s. 4 d. of every Twelvescore Woollfells as much of every Last of Leather 4 l. of Denizens besides the old Custom and of Strangers or Forreigners four Marks of every Sack of Wooll as much of every Twelvescore Woollfells and Five Pounds six shillings eight pence of every Last of Leather And whereas 4 Ibm. A Fifteenth granted the Subsidy and Custom so granted could not be sufficient for the great Expence and Charge the King was to be at for the Causes abovesaid as it was openly shewed unto them the same Prelates Prince Dukes Earls Barons and Commons having regard thereto 5 Ib. n. 11. granted One Fifteenth for one year to be levied as the last was On the 23d of 6 Ib. n. 12. November the King Prelates Duke Earls Barons and Commons assembled in the White Chamber when the Chancellor declared to the King how kind the Lords and Commons had been to him in granting him the Subsidy and Fifteenth who much Thanked them for their great Ayd and and then the 7 Ib. n. 13. Petitions of the Commons were read and answered when the Knights of Shires had leave to depart 8 Ib. n. 14. and sue out Writs for their Wages or Expences pour lour depenses but the Citizens and Burgesses were commanded to stay 9 Ib. n. 15. The Grant of the Citizens and Burgesses who the same day assembled before the Prince Prelates and Great Men and for the safe coveying of their Ships and Goods granted 2 s. upon every Tun of Wine coming in or passing out of the Kingdom and 6 d. in the Pound of all Goods for a year The next Year the King 1 Rot. Fran. 47 Ed. III. M. 18. A. D. 1373. John Duke of Lancaster the King's Lieutenant in France and Aquitan made his Son John King of Castile and Leon and Duke of Lancaster his Lieutenant as well in the Kingdom of France as
in Aquitan tant en nostre Roialme de France come in Aquitaigne and other where giving him Power to take and receive in his Name and by his Authority to his Peace Grace Obedience and Subjection all the Cities Towns Burghs Castles Fortresses and Places in those Parts and their Inhabitants that would come and return into his Peace Grace c. and to remit and pardon all manner of evil Practices The great Power given unto him toutes maneres de Malefices Trespasses Excess Theft Homicide and all manner of Treasons To re-call all Banished and Exiled Persons and to re-establish and render to them all their Goods they had forfeited and to restore them entirely to their Countries with all their ancient Privileges they were used to enjoy To give to those that deserved well in his Wars Towns Castles Fortresses Lands and Rents c. in Heritage during their Lives or for Years according to their Deserts To raise Forces Taxes Subsidies and Aids for the Wars to collect and to levy them To shorten this full long and extraordinary Grant and Commission he had Power to do whatever he could do himself if present It was Dated at Westminster June 12. 1373. and 47th of his Reign of England c. The Duke of Lancaster having this Power 2 Claus 57 Ed. III. M. 25. Dors Prayers having been made for his good Success 3 Mezeray f. 393. Froys c. 310 311. arrived with an Army at Calais on the 20th of July which he divided into three Bodies or Battels marched through and pillaged Artois Picardy Champagne Fores Avergne and Limosin and so into Guyen and to Burdeaux where he came about Christmas with a shattered and His ill Conduct unserviceable Army having 4 Wals f. 187. lin 16. lost many Men and most of his Horses for want of Rest Victuals and Forage without any Battel or considerable Engagement Mezeray 5 F. 393. The King of France his Policy reports it to have been the constant Resolution of this King of France not to hazard any main Battel against the English but directed his Forces should be so lodged every Night as next Morning to follow them always galling and disturbing them falling upon their Parties and Detachments keeping so near them as to prevent their being supplied with Provision and Forage and by that means to defeat great Armies by in marching his Army little and little and make them unserviceable which was the present case The Duke of Lancaster though he marched Triumphantly in the beginning yet toward the latter end of his March being constantly followed and attended by the Dukes of Anjou and Burgundy and Constable of France his Army was baffled without Fighting and mightily weakened While the Duke of Lancaster marched thus through France Summons to Parlement from Calais to Burdeaux his Father Summoned a Parlement to meet on the morrow of St. Edmund the King or 21st of November which was that Year on Monday In the Writs of 6 Rot. Claus 42 Ed. III. M. 13. Dors A. D. 1373. Summons to the Sheriffs were these unusual Clauses being enjoyned to cause to be Chosen Two Dubbed Knights or the most Worthy Honest and Discreet Esquires of the County and the most expert in Feats of Arms and no others 7 Ibm. What Knights Esquires Citizens and Burâ—â—sses were to be chosen Quod de Comitatu tuo Eligi facias duos Milites Gladiis cinctos seu Armigeros de dicto Comitatu Digniores Probiores in actibus Armorum Magis Expertos Discretos non alterius Conditionis And of every City of that County Two Citizens and of every Burgh Two Burgesses de Discretioribus magis Sufficientibus qui in Navigio ac in Excercitio Merchandisarum noticiam habent meliorem of the most Discreet and Sufficient who had the greatest Skill in Shipping and Merchandizing The King Prince Prelates Earls Barons Great Men and Commons being assembled in the Painted Chamber le Roi Prince Prelatz Countes Barons Grantz Comunes en la Chambre de Peinte assemblez Sir John Knivet then Chancellor declared the cause of Summons 8 Rot. Parl. 47 Ed. III. n. 2. The cause of Summons declared The Peace broken by the French telling the Lords and Commons they knew well That after the Peace between the King and his Adversaries of France apparently broken by them the King had many times sent great Numbers of Men at Arms and others over Sea to recover his Rights and to restrain the Malice of his Enemies and lately had sent his Son the King of Castile and Leon and Duke of Lancaster with many great Men and others in great Number to oppose the Malice of his Adversaries * This must be in the beginning of their March and before the Armies of France attended their motion and hindred their glorious and easie Progress who by their Good and Noble Conduct queux par my lour bon noble Government and Feats of Arms have done great Damages and Destructions to his Enemies as they knew well to the great Honour Quiet and Tranquillity of the King the Clergy and all others of the Kingdom That the Sum granted last Parlement to the King in Aid of his Wars tho' great and heavy upon the People yet the King exponded a great Sum of his own more than that Further 9 Ibm. n. 3. That the Great Men and others who ventured their Lives and Fortunes for and to defend them from their Enemies ought to be well refreshed and comforted with Force and Aid many ways busoignent bien de estre refreschez confortez de Force de Eide par plusors vies and that as speedily as might be as it was well known to many of them who had been in the same Condition The Enemy of France makes himself strong c. That also the Enemy of France made himself as strong as he could not only by his own People and Allies but by Strangers of divers Countries and by all the ways he could both by Land and Sea Wherefore he said the King beseeched and charged them 1 Ibm. n. 4. par quoi nostre Seigneur le Roi vous supplie charge That considering the Perils and Damages might happen to the Kingdom and all the People for these Causes they would consult upon the matter and give the King such Advice as might be for the Safety of him the Kingdom and themselves And further said 2 Ibm. The King willeth That all Petitions and particular Business remain in suspence until his was dispatched That the Business requiring speedy dispatch the King would that all manner of Petitions and other particular Business might remain in suspence until this had a good Issue Le Roi voet que toutees manere de Petitions autres singulers Busoignes de moergent en suspens tanque cette soit mys a bon fin And then commanding the Commons commanda as Comunes
granted the last Parlement and that they might be Sworn in their presence That what was Received by them should wholly be expended upon the Wars and not otherwise and that the High Treasurer of England should receive nothing or any ways meddle herein But afterwards when they had 9 Ib. n. 21. Who were laid aside and the High Treasurer made Receiver considered what Sum the Wages of such Four Treasurers would amount unto by the year quel somme les Gaiges des sieux quatre Tresoiriers resident â—ur celle fait amonteroit per an the Commons departed from this Request and prayed the High Treasurer might be Receiver to the use of the War in manner accustomed The 1 Ib. n. 32. The Commons Petition Commons in this Parlement beseeched the King That the Patent lately granted viz. November the 4th as above by the great Council to the Major Aldermen and Commons of the City of London upon the Article That no Strange Merchant That the Patent granted to London might be granted to other Cities and Burghs ought to Sell to another Strange Merchant any Goods or Merchandise to Sell again in manner as in the said Patent is more fully contained might be renewed and granted as well to other Cities and Burghs as to them with a Charter or Clause of Confirmation Of which Patent the Copy follows Edward 3 Ib. Rot. Parl. 51 Ed. III. n. 33. The Patent it self King of England c. To whom these present Letters shall come Greeting Our Beloved and Faithful the Major Aldermen and the rest of the Citizens of the City of London by their Petition exhibited before us and our Great Council containing amongst other things That for that all Strangers do freely sell all sorts of Merchandise whatsoever within the Liberty of the said City that they may be sold again as the Citizens do whereas the said Strangers according to the Liberty of the said City anciently obtained ought not nor could so do Whereby as well the said Citizens are much impoverished and Goods and Merchandise much more dear c. for Relief of the Citizens and Common Profit of our People under a grievous Forfeiture to us to command they shall be restrained We being favourably enclined to the said Petition Will and Grant That no Stranger within the Liberty of the City aforesaid shall sell any Merchandise to a Stranger or any ways presume to do it that they may be sold again until by the Noble and Great Men of our Kingdom per Proceres Magnates Regni nostri it shall be duly debated in our next Parlement whether our present Grant may for the future redound to the Disprofit or Common Profit of our People Saving always to the Lords of our Kingdom and all others that they may buy such Merchandise of all Men in Gross for their own Vse and saving also to the German Hanse Merchants the Liberties Granted and Confirmed to them by us and our Progenitors In Witness whereof we have caused to be made these Letters Patents Witness our self at Westminster Novemb. 4. in the Year of our Reign of England 50th of France 37th The Answer to the Petition above with which this Patent was delivered and presented by the Commons was Le Roy 4 Ibm. Ro. The Answer to the Petition voet estre informe The King will be informed At the same time the 5 Ib. n. 34. A Petition of the Commons and Citizens of London about their Corner Commons with the Mayor Aldermen and Commons of the City of London Petition the King That for divers Mischiefs that often happened in the said City by reason the Coroner was not Justiciable nest pas justisable by the Major Aldermen or other Officers That they might chuse a Coroner of themselves and remove him when they pleased as it was practised in many Cities and Towns of the Land they answering to the King in manner as appertained to the said Office The King's Answer was Le Roy 6 Ibm. my voet mye depart a son ancien Droit The King The King's Answer to it will not depart from his ancient Right The Commons Petition the 7 Ibm n 35. The Commons Petition that Foreigners might be removed out of the Land c. King That for many Causes well known to his Privy Council as to them That it would be profitable to the Kingdom that all manner of Foreigners were commanded out of it during the Wars unless they were Merchants and Artificers which were not Adherents to his Enemies and such as their stay were advantageous to the Reaalm and for that he was their Liege Lord pur le que voz esterz nostre Seigneur Liege c. and had the Power of doing Justice in Right of his Crown in all things Temporal within his Kingdom and that they have no Obedience of any thing Temporal but to him as their King and Liege Lord That he would please to Order and Command That none of his Lieges be Farmer or Servant to any that have Estates in England unless to such as inhabit there or such as were in his Legiance and had special Leave to live out of the Kingdom And that he would please to Command his Sage Council to add more to this matter that might be needful for the Amendment and Profit of his Kingdom And they all his said Commons make Protestations before God Himself and all the Prelates and Clercs which were at that Parlement That their Intent and Will was That the True Estate of Holy Church shall not by them be Blemished in any Point but otherwise preserved and kept safe according to your Pleasure The Answer was Le Roy les 8 Ibm. Ro. The King's Answer Grantz de la Terre s'adviserent en ordeneront que mien y soit Affoire The King and the Great Men of the Land will Advise and order what is best to be done And further in this case they Petition 9 Ibm. n. 36. They Petition against Provisors That all Provisors of Benefices from Rome and that their Officers or Servants may be put out of the King's Protection if they Sue Prosecute or any way Disturb or cause to be Excommunicated the True Patrons This was the Answer The Pope hath promised Redress 1 Ibm. The King's Answer and if he makes it not the Laws in this case shall be in force Amongst their Petitions in this Parlement we find the 2 Ibm. n. 75. The Commons pray the Judgment against the Lord Latimer may be reversed Commons pray the King and Noble Lords of Parlement That whereas in the last Parlement by untrue Suggestions and without due Process the Lord Latimer one of the Peers of the Realm and sufficient to be of the King's Council as well for his Wars as otherwise was outed of all Offices and Privy Council with the King estoit oustrez de toutz Offices des Privez Consielx entrour le
Roy That he may by Award of this present Parlement be restored to his former Estate and Degree to the great Profit of the Kingdom The King 3 Ibm. Ro. The King grants their Prayerâ— willeth at the Prayer of several Prelates and Lords of Parlement d'aucuns Prelates Seigneurs de Parlement and also at the Prayer of the Commons In the last Day of the Parlement when the Petitions of the Commons had been read and answered the Speaker Sir Thomas 4 Ibm. n. 87. The Speaker prays That the Judgments against all such who had been Impeached last Parlement might be reversed Hungerford said before the Prelates Lords and Commons That whereas many People as well Men as Women had been Impeached in the last Parlement without due Process and were Judged in certain Peynes and foreclosed of the commune Liberty which every Loyal Subject ought to enjoy and therefore prayed it would please his Majesty to restore them to their former Estates Dignities and all other things notwithstanding those Judgments The King presently demanded If their Request was made for all that were impeached And he answered Their Request was all It was then told them They must declare distinctly in Writing for whom and why they Petitioned And presently the same Day Seven Bills i. e. Petitions were delivered to the Clerk of the Parlement whereof the first Two do here follow To our most 5 Ibm. n. 88. The same Prayer for the impeached Persons in particular Dread and Noble Lord our Lord the King pray the Commons of your Realm That whereas your Liege Rich. Lyon by hasty Process was adjudged to the Tower of London during your Majesty's Pleasure That it would please your Gracious Lordship que ple a vostre Graciouse Seigneurie to Grant him your Favour to be restored to the Law his Goods Lands and Tenements for according to Law no cause of Forfeiture could be found in him To their 6 Ibm. n. 89. most Dread and Gracious Lord the King and his Sage Council in this present Parlement his Commons make Supplication supplient ses Comunes That whereas Alice Perrers by untrue Suggestion and undue Process was in the last Parlement foreclosed of the Common Liberty which every Loyal Liege of the King as well Men as Women ought freely to enjoy unless they be convict of a Crime or evil Deed for which they are to forfeit it they would please for the Love of God and right Justice to have Consideration That the said Alice was never present in Parlement nor otherwise duly admitted to answer any thing for which she was Judged and for this cause to repeal the Judgment if any were and cause her to be restored entirely to her former Estate the said Judgment or any Prohibition made against the said Alice in the same Parlement notwithstanding The other Five Bills or Petitions were according to this Form for five other Persons namely John de Leycester Adam de Bury Walter Sporier John Peachy of London and William Ellys of Yarmouth But there was not nor could be any Answer made to them The Parlement ended 7 Ibm. n. 95. because the Parlement ended the same Day before any thing could be done in them Sitting this Parlement the 8 Claus 51 Edw. III. M. 16. King was informed the French were gotten to Sea and had done much hurt upon the Coasts wherefore he endeavoured to prolong the Truce To which purpose on the 20th of 9 Rot. Fran. 51 Ed. III. M. 7. Feb. he appointed several Commissioners to Treat with the Commissioners of the King of France before the Pope's Legates but nothing was done in the matter the Legates only propounded a Match between Richard Prince of Wales and Mary the King of France his Daughter And afterwards there The Truce continued was another Meeting of Commissioners at Monstreul without other effect than continuing the Truce until the first of May next following as was before noted out of Holinshed Mezeray 1 Fol. 394. says King Edward was now much desirous of Peace and was willing to relinquish many Articles of the Treaty of Bretigny but was prevented by Death On the 26th of April another 2 Rot. Fran. 51 Ed III. M. 3. Commission was made to the Bishop of St. Davids John Bishop of Hereford and others by which Power was given them to Treat at Monstreul with the French Commissioners and to compose all Differences Wars and Contentions But by reason of Jealousie and Suspicion the Commissioners had one of another they never met This Year John 3 Wals f. 191 192. Knighton col 2647. n. 10. Wyclif was convented before the Arch-Bishop of Canterbury and Bishop of London for his Opinions contrary to the Opinions of those Times at the Black-Friers London where were present John Duke of Lancaster and the Lord Percy How Wycliff behaved himself at this time See the lâ—tter end of Church Affairs in this Reign The Citizens of London their Rage against John Duke of Lancaster The Duke gave the Bishop of London some harsh words which gave the Citizens such Disturbance that they in a great Tumult would have murdered him and pulled down or set fire to his House called the Savoy had not the Bishop interposed and kept them from doing it To save himself he left his Dinner and gat privately away to Kemington near Lambeth where the Prince was with his Mother So that not finding him they only in the Streets reversed his Arms as if he had been a Traitor For 4 Holinsh f. 412. n. 30. Hypod. Nâ—â—str f. 53. n. 40. King Edward's Death this the present Major and Aldermen were put out of their Places and others put in by the Duke's Power who then in the King's Weakness and Infirmities was his Assistant and Viceroy and had Directed all the Affairs of the Nation for some time of which Infirmities and Sickness daily encreasing 5 Wals Hist f. 192. n. 30. Hypod. Neustr f. 531. n. 50. he Died at his House of Shene June 21. 1377. having Reigned 50 Years 4 Months and 28 Days Church-Affairs THE old Controversie was still continued inter Regnum Sacerdotium between the Secular and Ecclesiastic Governments or between the King and Pope concerning the Regalia in Church Matters and concerning the Clergy In the 4th of his Reign the King 1 Append. n. 97. wrote to the Pope which was John XXII concerning the Treasury of York having been given by Provision to a Cardinal against the Rights of his Crown and Prerogative and to the inestimable Damage of the Kingdom that he would revoke his Provision and supplicates him to direct the Cardinal not to contend against William de Maza his Clerk that was in Possession of it by his Presentation about such a Novelty and Vsurpation it being his and always had been the Right of his Progenitors in the Vacancy of the Arch-Bishoprick and to strengthen that Right vouches a Precedent in the
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
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
coming and that those that stayed beyond that Feast might be Outlawed and the Abbies and Priories which they possessed might be seized into the King's Hand and Englishmen placed in them according to the Advice of the Ordinary of the Place For that the young English Scholars who had and then did neglect their Studies and those that should be the Teachers of their Faith and would undertake it if they had any hopes to be incouraged And that the good Priories were in the Hands of Strangers who carried the Revenues beyond Sea so that for this reason their Faith was like to come to nothing That the strange Monks were only Laymen and the King their Patron The 7 Ib. Ro. Answer That the Religious Aliens were Spiritual Persons and in their Houses by Institution which thing could not be Tried in Parlement quele chose ne poet Estre trie en Parlement And as to their Lands and Benefices they were in the King's Hands and he received the Profits of them but as to Outing of them it could not be done without Consulting the King It was also Prayed 8 Ib. n. 32. That Strangers Enemies in England who should remain there after St. Michael and should be Outlawed Command might be given to seize their Possessions and Goods to the King's Use and he to cause Englishmen to inform the Parishioners and support the Chanteries for that those that were advanced in England were Taylors Shoemakers and Chamberlains to Cardinals sont Taillours Suours Chamberleyns as Cardinalx so that the Parishioners were not informed by them and their Faith decreased daily The 9 Ib. Ro. Answer was near the same with the other That they were Spiritual Persons and the King had taken the Profits as abovesaid and as to Outing them of their Benefices it could not be done without the King's Assent Notwithstanding these Proceedings in Parlement against the Pope's Bulls his Provisions and Reservations and the Proclamations and Inhibitions thereupon the same Course was continued for in the 25th of his Reign 1 Rot. Parl. 25 Ed. III. Part 1. n. 13. the Commons in a long Petition to the King and Peers of the Land Item prie sa dite Comunes a nostre dit Seigneur le Roy a les Pieres de la terre veer regarder un tres Grand Mischief c. pray them to take notice of the great Mischief and Destruction of late coming upon the Kingdom by the Pope's Reservations by Brocage and purchasing his Provisions and many of the former Grievances complained of which turned to a greater Ruine of the Nation then the whole War and Request the King would please with his Council to ordain Remedy in that Parlement for that the longer these things were suffered there would be the greater difficulty in Reforming them and it was then 2 Ibm. Agreed the Answer to this Petition should be made a Statute for which see Statutes at Large and Pulton in this year And in a Second Parlement the same year the Commons 3 Ib. Part 2. â— 43. pray this Statute concerning Provisions and Reservations might be published and put in Execution against such as acted to the contrary The Answer 4 Ibm. was That the Statute should be recited before the Council and if need were it should be better worded and amended so as the Estate of the King and Kingdom might in all things be safe and preserved In the 27th of the King 5 Statute aâ— Large 27 E. III. c. â— upon the grievous Complaint of the Great Men and Commons That divers of the King's People had been drawn out of the Kingdom to answer things the Cognisance whereof belonged to the King's Court And that the Judgments given in the same Court were impeached in another Court in prejudice and disherison of the King and his Crown and all the People of the Realm in destruction and undoing of the Common Law It was accorded and assented by the King Great Men and Commons That any of the King's Ligeance who should practice such things and upon warning given him to appear before the King and Council or before his Justices at the time appointed to undergo the Law and did not should be put out of the King's Protection and his Lands Goods and Chattels forfeit to the King his Body to be Imprisoned and Ransomed at the King 's Will. During this Contest between the King and Pope or Secular and Ecclesiastick Power then so termed the King was very kind to the Clergie in confirming their old and granting them many new Liberties and Priviledges as appears by the Statutes made for the Clergy in Print in the Statutes at Large in the 14th 18th and 25th of his Reign From this time all things were pretty quiet no considerable things complained of in Parlement against the Pope and his Provisions until the 47th of his Reign when the Commons 6 Rot. Parl. 47 E. III. n. 30. Request Remedy against them for that by reason thereof he received the First Fruits of Ecclesiastical Dignities and by that Means the Treasure of the Realm was conveyed away which they could not bear The Answer was 7 Ib. Ro. The King had Embassadors at the Court of Rome concerning these Matters before whose Return he could not give them Satisfaction In the Fiftieth year of his Reign 8 Append. n. 100. the Knights Citizens and Burgesses which came to this Parlement for the Commonalty of the Realm do pray the King and his Council and supplicate on behalf of the Commonalty That he would please to have good Consideration to the Things underwritten and Faults following and Ordain convenient Remedy which will be the most pleasing to God and kind to Holy Church the most profitable to him and his Kingdom that ever was done it being their holy Faith and firm Hope that those who please God and holy Church shall be accepted in whatever they do First That he would please to think and re-think how his Noble Progenitors Kings of England and other Great Men of the same Land autres Grands de mesme la terre built Churches and in process of time by great Devotion endowed them with Riches Rents Lands and great Possessions Franchises and Temporalities which with what the King himself had given amounted to more then the Third part of his Kingdom and think how all these things were given upon such Devotion and Intent that the Profits rising from them should be spent upon the Places where they were given to the Honour of God and Maintenance of the Places belonging to them in Hospitality and Alms and divers Works of Charity in the Service of God and Holy Church in Chaplains Clerks and Poor that Prayed Night and Day for their Holy Father the Pope for Holy Church for the King and Kingdom for Peace for their Founders Patrons and Benefactors for their Souls and all Christian Souls And think how the Kings and other Great Men autre
side they intended to have burnt the City of London and to have divided all the Rich Goods found there amongst themselves This he affirmed to have been their Design as he desired God would help him at his going out of the World W. Walworth and other chief Citizens of London Knighted and then had his Head struck off For their Good Service in destroying Wat Tiler preserving the City and giving him Assistance the King Knighted 1 Stow's Annals p. 463. William Walworth Major John Philpot Nicholas Brembre and Robert Laund Aldermen and gave to Sir William Walworth 100 l. per Annum Land and to the other 40 l. per Annum to them and their Heirs for ever And not long after Knighted Nicholas Twiford and Adam Francis Two other Aldermen In the 2 Wals f. 278. n. 50. 279. lin 4. time of these Insurrections and Rebellions the Duke of Lancaster was in Scotland where he concluded a Truce for Two Years before they heard of the Tumults and Riots in England 3 Ibm. n. 30 40. A two Years Truce with the Scots A Quarrel between the D. of Lancaster Earl of Northumberland In his return he was denied Entrance into Berwic by the Earl of Northumberland which mightily incensed him against the Earl On the 16th of July 4 Rot. Claus 5 Rot. II. M. 40 Dors A Parlement called Writs were sent forth for a Parlement to meet at Westminster on Monday after the Exaltation of Holy Cross or 14th of September which was afterwards Prorogued to the 5 Ib. M. 39 Dors morrow of All-Souls which was Monday when it was 6 Rot. Parl. 5 Ric. II. n. 1. Adjourned to the next Day many Lords and Prelates being absent and so unto Wednesday when by reason of the Quarrel between the Duke of Lancaster and Earl of Northumberland who came to the Parlement with great Force of Armed Men and Archers the King They came to the Parlement with great Force of armed Men. caused the Parlement to be Adjourned unto Saturday in which 7 Wals f. 280. n. 40 50. The K. ends the Quarrel time the King composed the Differences between them and ended the Quarrel The Cause of Summons was 8 Rot. Parl. 5 Ric. II. n. 8. The cause of Summons declared to be That they might consider how to procure the Quiet and Peace of the Nation and settle it after the late Tumults and Insurrections to confirm or repeal the Revocation the King had made of the Grants of Liberty and Manumission by Force and Coertion obtained by the Natives Bond-Tenants and Villains That the King was much indebted and in great Necessity for Money to maintain his Court and the Wars The whole Parlement Lords and Commons 9 Ibm. n. 13. The Liberties and Manumissions of the Villains c. repealed by Authority of Parlement declared the Grants of Liberties and Manumission to Natives Villains and Bond-Tenants to be by Coertion in Disheritance of them and Destruction of the Realm and therefore to be null and repealed by Authority of Parlement The Commons 1 Ibm. The Commons desire certain Prelates and Lds. to treat with them The King prayed the King to have certain Prelates and Lords to comune with them about their Charge for that the Matters very highly concerned the State of the Realm and it was much to the Purpose to have their Advice The Answer 2 Ibm. n. 14. grants their Request was They should give in the Names to the King in Writing of such as they desired that he might advise about it Which was done and the King granted their Desire le Roy lour Grantast al Effect qils furent Demandez And the Commons further * Ibm. n. 16. The Commons pray the King the Prelates by themselves the Great Lds. by themselves and the Kâ—s by themselves and the Justices by themselves might treat about their Charge and their Advice reported to theâ— This was contrary to the Practice and Custom of Parlement which the K. would have observed prayed the King That the Prelates by themselves the Great Lords Temporal by themselves the Knights by themselves the Justices by themselves and all other Estates singly might be charged to treat and comune about their Charge and that their Advice might be reported to the Commons To which it was answered Tha the King had charged the Lords and other Sages to comune and treat diligently upon the said Matters But the ancient Custom and Form of Parlement had always been That the Commons should first report their Advice upon the Matters given them to the King and Lords of Parlement and not on the contrary and therefore the King would that the ancient and good Customs and Form of Parlement should be kept and observed After the Commons had conferred 3 Ibm n. 17. The Commons complain of the ill Government of toâ— Kingdom with the Lords they returned into the Parlement and made great Complaint of the ill Government of the Realm which if not amended the Kingdom would be in short time ruined They complained of the Government about the King's Person his Court the over-great Number of his Servants of the Chancery Kings-Bench Common-Pleas Exchequer of grievous Oppressions in the Country par la Outrageouse Multitude de Braceurs des Quereles Mainteinours qi sout come Roys en Pais que Droit ne Loy est a poy fait c. by the great Multitude of Bracers of Quarrels and Maintainers who behaved themselves like Kings in the Country so as there was very little of Law or Right and of other things which they said were the cause of the late Commotion Rumor and Mischiefs of the Land and requested they might be amended The King 4 Ibm n. 18. Certain Lords and others assigned to survey and examin the Government of the King's Person and Kingdom These Lords and others were assigned and chosen by the King See n. 27. by Advice of the Lords and his Council granted that certain Prelates Lords and others should survey and examin the Government of his Person and Court and to think of sufficient Remedies The Persons chosen to make this Enquiry were The Duke of Lancaster the Elect of Canterbury the Arch-Bishop of York the Bishops of Winchester Ely Excester and Rochester the Earls of Arundel Warwic Stafford Suffolk and Salisbury the Lords Zouch Nevil Grey of Ruthin and Fitz-Walter Monsieur Richard le Scrop Monsieur Guy de Bryan and others autres 5 Ibm. The King's Confessor not to come to Court The King's Confessor was charged to abstain from coming to and remaining at Court by the Request of the Commons and Assent of the Lords The Commons 6 Ibm n. 19 20 21 22 23. The Commons Petition the Duke of Lancaster and others assigned to appoint Officers c. Petition the Duke of Lancaster and others assigned by the King to that purpose to place the most valued Officers about the
the Cause of Summons Two ways propounded to deal with the Enemies of the Kingdom further Declaration of the cause of Summons and propounded Two ways to deal with the Enemies of the Kingdom one by making use of the Flemings who offered their Service and the other to close with the profer of Monsieur Despaign or Duke of Lancaster who offered to go into Spain for half a year with 2000 Men at Arms and as many Archers if he might have 43000 l. to pay them for which he would oblige himself to repay either in Money or Service These Matters being of so high a Nature 9 Ib. n. 14. The Commons desire such Lords as they named to Confer with them about their Charge the Commons make their Request to the Lords to have such as they named to Commune with them about their Charge which Request was granted and the Lords Names entered upon the Roll. The Lords and Commons 1 Ib. n. 15. A Fifteenth and Tenth granted upon Conference granted a Fifteenth and Tenth by reason of the great danger the Nation was in for the Defence of it against the great Preparations of the French to be imployed as the King by Advice of his Council and the Lords of the Realm should think fit After this the 2 Ib. n. 23. The Lords inclinable to the Duke of Lancaster's Proposal Duke of Lancaster's Profer came again into Consideration upon which the Question was put to every particular Prelate Earl Baron and Baneret whether they thought his Voyage into Spain with the number of Soldiers propounded would be profitable to the King and Realm or not They thought it might be so only believing the Force too small to make War with so strong a Kingdom At this time 3 Mezeray A D. 1381 1382. great Riots and Tumults in France and Flanders The King of France subdues a great part of Flanders there were great Riots Tumults and Rebellions in France and Flanders The Flemings had driven their Earl out of his Country he applies himself to the King of France as his Sovereign Lord for Relief They crave Assistance of the King of England The King of France marched into Flanders and subdued a great part of the Country The Earl besieged Gaunt which was the Head of the Rebellion and in danger to be taken To prevent the King of France his further Progress in Flanders his Designs against England and his Preparations to besiege Calais as he had been informed 4 Rot. Clause 6 Ric. II. Part 1. M. 4. Dors King Richard offers to go in Person with an Army into France as it is said in the Writ of Summons to another Parlement this year to be held on Monday in the third week of Lent was the chief cause of calling it And the Bishop of London Lord Chancellor declared further the King had offered to go in Person into France with a Royal Army but since that he received news the French had over-run all Flanders except Gaunt and therefore this Parlement was 5 Rot. Parl. 6 Ric. II. Part 2. n. 2 3. called for Advice whether the King should go in Person to the Relief of Gaunt and Recovery of Flanders and how to provide wherewithall for the Performance After the Commons had advised two or three days sur lour charge upon their Charge it being so great and so highly concerned his Person they 6 Ib. n. 8. The Commons pray some Lords named by them to Treat with them prayed the King to grant certain Prelates Earls and Lords named by them to Treat with them about it viz. The Arch-Bishop of Canterbury the Bishops of Ely and Hereford the Earls of Cambridge Stafford and Northumberland the Lords Nevill Fitz-Walter and Cobham The which Prelates Earls and Lords the King granted to Treat with the Commons 7 Ibm. The King granted their Prayer tho it was in his choice to assign them or name others combien que feust est doit estre en le Election de nostre dit seigneur le Roy d'assigner a ce les ditz Prelates Seigneurs issuit nomez ou autres a sa propre nomination altho it was is and ought to be in the Election of the King to assign the Prelates and Lords for this purpose or others of his own proper Nomination When the Commons had 8 Ib. n. 9. The Commons say the ordering of the King's Voyage belongs not to them Treated long with the Prelates and Lords they by James Pickering their Speaker said The King's Passage and the Ordaining of his Voyage or any other great Voyage belonged not to them but to the King himself and Lords yet 9 Ib. n. 10. But they say neither he nor any of his Three Uncles ought to leave the Kingdom at that time by way of Advice and not by Counsell seeing what Troubles were in every part of the Land and that the Accord and Truce with the Scots were near at an end and they were raising great Force toward the Borders and it being doubtful whether they would now comply with any Proposals of Peace or Truce unless driven to it they thought neither himself nor any of his Three Vncles of Lancaster Cambridge or Buckingham could be spared out of the Kingdom until that and the Borders aforesaid were well quieted and settled But advised him to accept of the Bishop of Norwich his 1 Ib. n. 11. They advise the King to accept the Bishop of Norwich his offer for the Relief of Flanders profer of raising 3000 Men at Arms and 3000 Archers well mounted to Relieve Gaunt Reduce Flanders and afterward to War in France upon condition he might have the Fifteenth and Tenth granted by the Layety and Clergy and the 2 s. per Tun upon Wine and Sixpence in the Pound upon Goods for the Guard of the Sea The 2 Ib. n. 19. They pray the King certain Lords might be assigned to be about his Person to advise him c. Commons pray the King That for his Honour and Profit and the Quiet and Comfort of themselves of his great Grace he would please to Command that certain Lords might be assigned to be about his Person of the most Wise Honest and Discreet Persons of the Kingdom to advise and counsel him and further That he would please by advice of the Lords so to order his Houshold that he might live upon the Revenues of his Realm and that the Subsidy of Wooll Money arising from Wards Marriages and Escheates might be imployed to support the War c. The King 3 Ibm. The King's Answer answered That he would take such sufficient Persons Lords and others about his Person as seemed to him most for his Honour and Profit and as to the Government of his House it should be done by the Advice of the Lords and others of his Council in such good order as should seem best saving his Honour The Bishop of Norwich 4 Ib. n. 20.
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
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
and Traitors by their false Imaginations Deceits and Accroachments abovesaid Which Securities and Oaths were against the Good Laws and Usages of the Land and against the Oath of the King to the great Ruin and Dishonour of the King and Kingdom XX. Also by force of such Bonds and Oaths all the Realm was put into great Trouble by the said Evil-doers and Traitors and in peril to have suffered many importable Mischiefs XXI Also to bring about their Traiterous Purposes the said Five caused the King to go into several Parts of the Kingdom for some long times whereby the Lords assigned by the said Ordinance Statute and Commission could not Advise with him about the Business of the Kingdom so as the Purport and Effect of the Ordinance Statute and Commission were Defeated to the great Ruin of the King and Kingdom XXII Also the said Robert de Vere Duke of Ireland by the Counsel and Abet of the other Four Traitors accroaching to himself Royal Power without the King's Commission or other sufficient usual Warrant made himself Justice of Chester and by himself and Deputies held all manner of Pleas as well Common as of the Crown and gave Judgments upon them and made Execution thereof and also caused many Original and Judicial Writs to be sealed with the Great Seal used in those Parts And also by such Accroachment of Royal Power he caused to rise with him a great Part of the People of that Country some by Threats others by Imprisonments of their Bodies some by seizing of their Lands others by many Dishonest Ways by colour of the said Office and all this to make War upon and destroy the Lords and other the King 's Loyal Lieges in undoing the King and whole Realm XXIII Also the said Traitors Robert de Vere c. Alexander c. Michael c. by the Counsel and Abet of Robert Tresilian and Nicholas Brembre incroaching to themselves Royal Power caused to be delivered John de Blois Heir of Britan who was Prisoner and Security to the King and Kingdom without Assent of Parlement and the King 's Great Council and without Warrant to the great Strengthening of the Adversary of France the great Ruin of the King and Realm and against the Statutes and Ordinances aforesaid made in the last Parlement XXIV Also the said Five Traytors caused the King to have a great Retinue of late of divers People to whom he gave Badges which was not done in ancient time by any Kings his Progenitors that he might have Power to perform their false Treason aforesaid XXV Also the aforesaid Five Misdoers and Traytors in full accomplishment of all their Treasons aforesaid and to make the King give Credit to them and their Counsel and hold them more Loyal and greater Sages then others of his Kingdom and the more to colour their false Treasons they caused the King to make come before him in several Places of the Kingdom divers Justices and Lawyers Robert Tresilian Robert Belknap John Cary John Holt Roger Fulthorp William Burgh his Justices and John de Loketon Serjeant at Law and with them John Blake Referendary and others which Justices Serjeant and John Blake being asked in the presence of the King by the Misdoers Whether the foresaid Ordinance Statute and Commission were made in Derogation of his Royalty and Prerogative or not and divers other Questions To which they answered in manner following Be it Remembred That on the Twenty first day of August in the Eleventh year of King Richard the Second at the Castle of Nottingham before the King Robert Tresilian Chief Justice and Robert Belknap Chief Justice of the Common-Pleas John Holt Roger Fulthorp and William Burgh Knights Justices Associate of Robert Belknap and John Lokeson the King's Serjeant at Law in the presence of the Lords and other Witnesses underwritten personally there being were required by the King upon their Faith and Allegiance to answer faithfully to certain Questions and speak the Law concerning them according to their Discretion First It was demanded Whether the new Statute Ordinance and Commission made in the last Parlement at Westminster The Opinion of Judges c. concerning the Statute and Commission did derogate to or from the King's Royalty and Prerogative They unanimously answer It did especially for that they were contrary to the King 's Will. 2. Also it was demanded How those were to be punished that procured the Statute Ordinance and Commission to be made They unanimously answer With Death unless the King would shew them favour 3. Also it was demanded How they were to be punished that Excited the King to Consent to the making of that Statute Ordinance and Commission They unanimously answer as to the last Question 4. Also they were demanded How they were to be punished that forced or straitned the King qui compiderunt sive Arctarunt Regem to consent to the making of the Statute Ordinance and Commission They unanimously answer They were deservedly to be punished as Traytors Likewise they were demanded How they were to be punished who hindred the King from Exercising those things which belonged to his Prerogative and Royalty They also unanimously answer They were to be punished as Traytors 5. Also it was demanded Whether after the Parlement was met and the Business of the Kingdom and the Cause of the Meeting of the Parlement by the King's Command declared and certain Articles appointed by the King upon which the Lords and Commons ought to proceed if the Lords and Commons would proceed upon other Articles and not upon the Articles limited by the King until they had the King's Answer to their own Articles notwithstanding the King had injoined them to the contrary Then Whether the King ought to have the Government of the Parlement and indeed to govern effectually so as upon the Articles limited by the King they ought first to proceed Or Whether the Lords and Commons ought first to have Answer from the King to their own Articles before there were further Proceedings Nunquid Rex debeat habere in ea parte Regimen Parliamenti de facto Regere effectum quod super Articulis limitatis per Regem primo debeant procedere vel an Domini Comunes primo debeant habere Responsum a Rege super Articulis per eosdem expressis antequam ulterius procedatur They unanimously answer That in such Case the King should have the Government and so in order in all other Articles touching the Parlement to the end of the same and if any one acted contrary to this Government of the King he was to be punished as a Traytor 6. Also it was demanded Whether the King when he pleased might not Dissolve the Parlement and Command his Lords and Commons to depart from thence They unanimously answer He might and if any one afterward proceeded as in Parlement against the King's Will he was to be punished as a Traytor 7. Also it was demanded Whether when the King pleased to Remove
Temporal as well the Lords Appellants as all others and by them agreed That considering the tender Age of the King before that time and the Innocency of his Royal Person that nothing contained in the Appeal nor in any Article thereof nor in the Judgments given should be accounted any Fault or Dishonesty in his Person in no manner for the Cause abovesaid nor should turn in Prejudice of his Person by any Contrivance or Interpretation whatever but that the false Treason and Default abovesaid should be charged upon the Appealed and that the Judgments given against them should have full Force and Virtue notwithstanding any thing could be said or alledged to the contrary Upon 2 Ibm. Several others impeached by the Commons Monday the 2d Day of March next following Sir Robert Belknap late Chief Justice of the Common Bench Sir Roger Fulthorp Sir John Holt Sir William Burgh late his Companions of the same Bench Sir John Cary late Chief Baron of the Exchequer and John Loketon late Serjeant to the King were accused and impeached by the Commons in Parlement for putting their Hands and Seals to the Questions and Answers aforesaid by the Procurement of the Appealed and Convicted Persons of Treason to cover and affirm their High Treasons c. pour coverer affermir lour hautes Tresons a Copy whereof was exhibited and read before them and they were answered as was surmised by the Commons in the said Copy and they answered They could not gainsay it but that the Qustions were such as were asked them but the Answers were not such as they put their Seals to Sir Robert 3 Ibm. Sir R. Belknap his Excuse Belknap pleaded That the Arch-Bishop of York in his Chamber at Windsor told him That he devised the Commission and Statute c. That the King hated him above all Men and that if he found not some way to make void the Statute and Commission he should be slain as a Traitor He answered That the Intention of the Lords and such as assisted at the making of them was That they should be for the Honour and good Government of the State of the King c. That he twice parted from the King dissatisfied and was in doubt of his Life and said the Answers were not made by his Good-will but contrary to his Mind by the Threats of the Arch-Bishop of York Duke of Ireland and Earl of Suffolk and that he was Sworn and Commanded in the Presence of the King upon pain of Death to conceal this matter as the Counsel of the King And prayed for the Love of God he might have Gracious and Merciful Judgment Sir John Holt 4 Ibm. Sir J. Holt made the same Excuse alledged the same matter of Excuse and made the same Prayer Sir William 5 Ibm. Sir W. Burgh and Sir J Cary the same Burgh and Sir John Cary pleaded the same matter of Excuse and made the same Prayer Sir Roger 6 Ibm Sir R. Fultâ—orp and J. Loketâ—n the same Fulthorp and John Loketon make the same Excuse and Prayer To which 7 Ibm. Notwithstanding their Excuses the Commons pray they may be Judged Convicted and Attainted as Traitors the Commons answered They were taken and holden for Sages in the Law and the King's Will was That they should have Answered the Questions as the Law was and not otherwise as they did with Design and under colour of Law to Murder and Destroy the Lords and Loyal Lieges who were Aiding and Assisting in making the Commission and Statute in the last Parlement for the good Government of the State of the King and Kingdom and therefore the Commons pray they may be Adjudged Convicted and Attainted as Traitors Upon 8 Ibm. which the Lords Temporal took time by good Deliberation to examin the Matter and Circumstances of it and for that they were at and knew of the making of the Statute and Commission which they knew were made for the Honour of God and Their Judgment for the good Government of the State of the King and whole Kingdom and that it was the King's Will they should not have otherwise Answered than according to Law and had Answered as before They were by the Lords Temporal by the Assent of the King adjudged to be Hanged and Drawn as Traitors and their Heirs Disherited their Lands Tenements Goods and Chattels to be forfeit to the King On 9 Ibm. J. Blake impeached Tuesday March 3. John Blake and Thomas Vsk were brought into Parlement and first John Blake was impeached by the Commons That being retained of Council for the King drew up the Questions to which the Justices made Answer and contrived with the Persons Appealed that the Lords and others the King 's Loyal Lieges that caused the Commission and Statute to be made in the last Parlement to have them indicted in London and Middlesex for Treason and that they might be arrested and falsly traiterously and wickedly murdered and that he was aiding and advising in the Treasons aforesaid to the Appealed Then Thomas 1 Ibm. T. Usk accused Vsk was accused for procuring himself to be made Vnder-Sheriff of Middlesex to the end to cause the said Lords and Loyal Lieges to be Arrested and Indicted as hath been said before and was Aiding and Counselling the Appealed in the Treasons aforesaid John 2 Ibm. Their Answers Blake answered he was retained of Counsel for the King by his Command and sworn to keep secret his Advice and whatever he did was by the King's Command whom he ought to obey And Thomas Vsk gave the same Answer Whereupon the Lords Temporal took Deliberation until the morrow being the 4th of March when the said John and Thomas were again brought into Parlement and good Advice and Deliberation having been taken by the Lords pronounced them Guilty of the things whereof they were accused 3 Ibm. And Judgments And whereas they alledged for their Excuse the King's Command it made their Crime the greater for that they knew well that the Appealed and Adjudged accroached to themselves Royal Power as said is before and it was their Command and not the King 's and then the Lords Awarded by Assent of the King they should both be Drawn and Hanged as Traitors and open Enemies to the King and Kingdom and their Heirs Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and they were Executed the same Day On 4 Ibm. Sir â— Bâ—â—â—nâ—p and 5 others Friday the 6th of March Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon were brought into the Parlement and the Lords were advised That they were at the making of the Commission and Statute in the last Parlement and Sir John Cary knew well they were made to the Honour of God and the good Government of the State of the King and the whole Kingdom and so on as before And then
the beginning of December the King was at Reding 1 Ib. n. 40. He reconciles the King and Great Men. where he called a great Council The Duke of Lancaster being there reconciled the Mind of the King to the Great Men and their Minds to him and so as they seemed after the Dissolution of the Council to depart satisfied The King while he was at Reding issued his 2 Rot. Clause 13 Ric. II. M. 5. Dors A. D. 1390. A Parlement called The King declared to be of Age. Writs on the 6th of December for a Parlement to meet at Westminster on the Monday next after the Feast of St. Hillary William of Wickham Bishop of Winchester was then Chancellor who by the King's Command in opening the Cause of Summons before all the Estates declared the 3 Rot. Parl. 13 Rich. II. n. 1. And takes upon him the Government King of full Age and that he intended to Govern his People in Peace and Quiet and to do Justice and Right to all Men and that as well the Clergie as Layty should enjoy all their Liberties On the 20th of 4 Ib. n. 6 7. The Chancellor and Treasurer quit their Places as also all Privy-Counsellors January and Fourth day of the Parlement the Bishop of Winchester delivered the Seal to the King and the Bishop of St. David's being Treasurer delivered the Keys of the Exchequer to the King and all the Lords of the Council prayed the King to be discharged and that others might be put in their Places When they were discharged they required openly in Parlement That if any Person could he would Complain of any thing ill done by them both Lords and Commons affirmed all things well done Whereupon the King delivered the Seal again to the Bishop of Winchester and the Keys of the Exchequer to the Bishop of The King receives them again into their Places and the Privy-Council St. Davids and received those to be his Counsellors that were so before together with his Vncles of Lancaster and Glocester and made Protestation That for any thing then done he would at Pleasure retain or put out of their Offices those Counsellors In this Parlement 5 Ibm. n. 21 22. John Duke of Lancaster made Duke of Aquitan John Duke of Lancaster was made Duke of Aquitan by the King with Consent of the Prelates Lords Temporal and Commons to hold the Dukedom of the King as of the King of France saving only to him as to the King of France the Direct Dominion Superiority and Resort of the same Dutchy He there did Homage to the King and Humbly and Heartily Thanked him for it and the Honour he did him and declared That tho' he could not maintain the State of the Dukedom in time of War without the Ayd of the King and Realm yet he would do what he could to the utmost The King told him the Charges should be born as between the Duke and his Council should be agreed To which the Commons affented The King by assent of 6 Ib. n. 23. Edward Son to the Duke of York made Earl of Rutland The Two Arch-Bishops and Parlement created Edward the Eldest Son of the Duke of York Earl of Rutland and gave to him during the Life of his Father 800 Marks issuing out of the Castle Town and Dominion of Okeham in that Shire and the Office of Sheriff The Arch-Bishops of Canterbury and York for themselves and whole Clergy of their Provinces made their Protestation in open Parlement 7 Ib. n. 24. Clergy's Protestation not to assent to any Law made against the Pope they intended not nor would assent to any Statute or Law to be made against the Pope's Authority which at their Request was entered upon the Roll. In the 8 Rot. Parl. 14 Ric. II. n. 1. A. D. 1391. Parlement on the Morrow of St. Martin or 12th of November in the Fourteenth of this King the Bishop of Winchester Chancellor declaring the Cause of Summons took notice of the Truce with France and that about Candlemass the King would send to make a final Peace The Duke of 9 Ib. n. 12. The Dukes of York and Glocester desire 1000 l. a year to be settled on each of them York and Glocester desire the King's Assistance of a Thousand Pounds a year to each according to his Promise in Tale special He ordered the Justices to draw such Assurance and commanded they might be readily paid And it is to be remembred 1 Ib. n. 15. The Prelates Lords and Commons pray That if any thing had been done against his Prerogative it might be redressed Fait a Remember c. That the Prelates Lords Temporal and Commons prayed the King in full Parlement That the Royalty and Prerogative of him and his Crown might always be safe and preserved and that if any thing had been done or attempted contrary to them it might be Redressed and Amended and further That he should be as Free in his time as any of his Noble Progenitors Kings of England were in their times Which prayer seemed Honest and Reasonable to the King and therefore granted it in all points The Judgment against 2 Ib. n. 36. The Judgment against John of Northampton repealed John of Northampton late Major of London Repealed upon the Petition of the Commons and Oath made by the then Major and all the Aldermen of London That he was not guilty of the Treasons c. for which he was condemned These things done the Lords and Commons 3 Ib. n. 37. The â—ords and Commons Thank the King for his Good Government c. gave humble Thanks to the King for his good Government and his Zeal shewn to them and he gave them Thanks for the Grants to him made In the Parlement holden on the 2d of November in the 15th of King Richard the 4 Ibm. 15 Ric. II. n. 15. A. D. 1392. The Duke of Lancaster sent into France to Treat of Peace Commons propound to the King Monsieur de Guyen that is the Duke of Lancaster to go Treat with his Adversary of France about a Peace and it was granted The Commons Petition the King That no Native or 5 Ib. n. 39. The Commons Petition Villans may not purchase Land in sec nor send their Sons to School The King's Answer Villan of Bishops Abbats or other Religious Persons might purchase Lands in Fee and That no Villan might put his Son to School whereby he might obtain Learning and this for the maintenance and safety of the Honour of all the Freemen of England To this it was Answered Le Roy sad visera The King will Advise which was a Denial The Knights of Shires 6 Ib. n. 51. The Knights of Shires Petition Villans may not have the Privilege of Cities and Burghs The King's Answer Petition the King and Lords That such Lords whose Villans went from them into Cities and Burghs where they lived as Freemen
them to the Parlement which was to begin on the Monday next after the Exaltation of Holy Cross or 14th of September which was that Year on the Friday so as the Parlement began the 17th of that Month. First the Bill 6 Ibm. The Effect of the Bill of Appeal and the Articles against them sets forth That the Duke of Glocester and Earl of Arundel designing to accroach and have the Government of his Royal Person and Kingdom his Liberties and all his Dignities as well within the Kingdom as without when the Parlement sate at Westminster in the 10th Year of his Reign sent a Peer of the Land to him who on their Behalf and by their Command told him That if he would not Consent to make to Them and Others they should Name such a Commission whereby they might have the Government as above he should be in Danger of his Life and the Lords and Commons of Parlement would depart without his Leave and then he should see in what a strait Condition he would be in So that by their Power and for Fear he granted such a Commission as they desired And then follows the Commission Dated at Westminster Nov. 19. in the 10 of his Reign by virtue whereof the Commissioners took the Government upon them Also 7 Ibm. the Duke and Earl of Arundel to accomplish their Traiterous Purpose and to have your Person ordered as they pleased and the Government of your whole State Laws Majesty and Dignity prevailed with Thomas Earl of Warwic and Thomas Mortimer to join with them in their Traiterous Design who by Agreement as Traitors to the King and Kingdom all met and assembled on the 13th of November in the 11th Year of your Reign at Haringay in Middlesex with a great Number of People Armed and Arrayed And made divers of your Liege People in several Parts of your Realm to rise and march with them against you contrary to their Legiance And would not come before your Presence until they were secured by your Oath they might come and return safely which notwithstanding they all came before you in your Palace at Westminster with great Force of Armed Men and traiterously Constrained you to take them into your safe Protection against your Will Also 8 Ibm. the Duke the Earls of Arundel and Warwic and Thomas Mortimer continuing their Traiterous Purpose by Force of People did take and imprison divers of your Liege People and amongst others Sir Simon Burley and brought him to your Parlement held on the morrow of the Purification in the 11th of your Reign and there suggested divers Points of Crime and Treason against him And the Advice of every Lord then present was asked concerning the Crimes of the said Simon and afterwards the Duke and Earls would know your Advice or Opinion voloint savoir vostre avys and you answered plainly He was not Guilty in any Point objected against him And after that the Duke and Earls caused you to come into a secret Place at Westminster and shew you the Points of the Crimes abovesaid To whom you then answered The said Simon was not any ways Guilty of any of those Points And there they took upon them traiterously to have you constrained to have consented to the Judgment they designed against him and you would not consent to any Judgment to be given against the said Simon Yet nevertheless â—â—e said Duke and Earls took upon them Royal Power in Prejudice of you and in Derogation of your Crown and without your Assent and contrary to your Will in your Absence and in the Absence of many other Peers of Parlement without their Assent and against their Wills awarded the said Simon should be Drawn Hanged and Decollated and thereupon they caused his Head to be struck off traiterously against your Peace Crown Majesty and Dignity Also 9 Ibm. the foresaid Duke Earls and Thomas Mortimer continuing their Malicious False and Traiterous Purpose and Force at Huntington on Thursday after the Feast of St. Nicholas or 6th of December in the said 11th Year Traiterously agreed and intended to have gone with their Force to any Place of the Kingdom where they might have found you to have surrendred to you their Homage Liege and to have Deposed you and this they would have done had they not been hindred by Henry de Lancaster Earl of Derby and Thomas Mowbray Earl of Nottingham And the Duke and Earls continuing their Traiterous Intention and Force by Agreement between them caused the Records in your Treasury of the Time of your Great Grandfather King Edward to be searched how he Demised himself of his Crown or Quitted his Crown and they shew to you in Writing the Causes of the Demise of his Crown in your Palace at Westminster in the time of Parlement in the 11th Year coment vostre dit besail soy demyst de sa Coroun monsterent en escript a vous tres redoute Sr. les causes del demys de sa Coroun deinz vostre Royal Palyes de Westminster a dit Parlement lan unzisme And they said falsly and traiterously That they had Cause sufficient to Depose you but for the Reverence they had for your most Noble Grandfather and most Noble Father And said also That in hopes of your better Government they would suffer you to continue in your Royal Estate and Regalty Which 1 Ibm. Treasons so imagined or contrived done and perpetrated by the foresaid Duke Earls and Thomas Mortimer against your Royal Person Estate Majesty and Dignity as is above declared We Appellants there named your Loyal Lieges have been and are ready to prove against the said Duke the Earls of Arundel and Warwic and Thomas Mortimer as you most Dread Lord and this High and Honourable Court your Parlement shall Order Thus far the Articles of the General Appeal against these Four Persons Which having been read 2 Ibm. the Appellants prayed the King the Appealed might be brought before him in Parlement to make their Answer And accordingly Ralph Lord Nevill Constable of the Tower there present had Order to bring before the Parlement Richard Earl of Arundel then his Prisoner and did so on the 21st of September On the fourth Day of the Parlement The Trial of the Earl of Arundel when by Command of the King and the Peers the Duke of Lancaster Steward of England told him That he was Appealed of divers High Treasons and the Appeal having been read to him his Answer That he had a General Pardon in the Parlement holden His Plea in the 11th of the King's Reign and a Charter of Pardon made to him within six Years and prayed the Allowance of them To whom it was said by the Duke of Lancaster by Command of Over-ruled the King and Advice of all the Peers of Parlement That the Pardon made in the 11th Year was made by constraint upon the King by the Duke Earls and others of their Party accroaching to themselves
I know and confessed to fore the same William all the Matters and Points I wrote that is wrot in this great Roll annexed to this Scedule the which Scedule and great Roll both Sealed under the Seal of the aforesaid William and all the Matters and Points I know that is declared and confessed by the foresaid Duke in the Castle of Caleys the foresaid Duke be his own Hand fully and plainly I wrot delivered it to the same William Rickhill in the presence of John Lancaster and John Lovetot and all that ever the foresaid William Rickhill dede touching this Matter it was I doe that is done in the presence of the foresaid John and John and in none other manner I Thomas of Woodstok 9 9 Ibm. the Zer of my Lord the King twenty one be the vertue of a Commission of my Lord the King the same Zer directed to William Rickhill Justice the which is comprehended more plainly in the foresaid Commission knowleche that I was one with sterynge of other Men to assent to the making of a Commission in the which Commission I among other restreyned my Lord of his freedome and took upon me among other Power real that is Royal truly not knowing â—e witting that time that I did against his Estate nor his Royalty as I did after and do now And forasmuch as I knew afterward that I had done wrong and take upon me more then me ought to do I submitted me to my Lord and cried him Mercy and Grace and yet do as truly and as meekly as any Man may and put me high and low in his Mercy and in his Grace as he hath always been full of Mercy and Grace to all other Also in that time that I came Armed into my Lord's presence and into his Palace howsoever that I did it for drede of my Life I knowlech for certain that I did Evil and against his Regalte and his Estate wherefore I submit me lowly and meekly to his Mercy and to his Grace Also in that I took my Lords * * At Râ—dâ—â—t Bridge Letters of his Messages and opened them against his leave I knowlech that I did Evil wherefore I put me lowly in his Grace Also in that that I sclaundred my Lord I knowlech that I did Evil and Wickedly in that that I spake to him in sclaunderous wise in audience of other folk bot by the way that my Soul shall too I meant none Evil therein nevertheless I wot and knowlech that I did evil and unkindly wherefore I submit me high and low in his Grace Also in that I among other communed and asked of certain Clerks whither that we might give up oure Homage for dread of our Lives or not and whither that we were assentid thereto for to do it trewly and be my troth Ine have now none full mind thereof that is he did not remember it but I trowe rather yee then nay wherefore I submit me high and low evermore in his Grace Also in that that I was in place there it was communed and spoken in manner of deposal of my Liege Lord trewly I knowlech well that we were assentid thereto for two days or three and then we for to have done our Homage and our Othes and put him as highly in his Estate as ever he was but for south that is sooth there I knowlech that I did untrewly and unkindly as to him that is my Liege Lord and hath been so good and kind Lord to me wherefore I beseeche to him notwithstanding myâ— unkindnesse I beseche him evermore of his Mercy and of his Grace as lowly as any Creature may beseche it unto his Liege Lord. And as of any new thing or Ordenance that ever I should have witting or known ordained or assentid privy or appert that should have been against my Lord's Estate or his Lust that is Will or any that longeth about him syth that day that I swore unto him at Langeley on God's Body trewly and by that Ooth that I there made I never knew of gathering against him ne none other that longeth unto him And as touching these Points that I have made Confession of to for William Rickhill Justice in the which I wot well that I have offended my Lord unkindly and untrewly as I have said before how that I have in all these Points offended him and done against him trewly and as I will answer before God it was my meaning and my weaning that is weening or thinking to do the best for his Persone and for his Estate Nevertheless I wot well and know well nowe that my Deeds and my Workings were against my intent bot by the way that my Soul shall to of these Points and of all other the which that I have done of negligence and of unkunning it was never myne intent ne my will ne my thought for to do thing that should have been distresse or harmeing against salvation that is safety of my Liege Lords Persone as I will answere before God at the Day of Judgment And therefore I beseech my Liege and Soveraign Lord the King that he will of his high Grace and Benignity accept me to his Mercy and his Grace as I that put my Life my Body and my Goods wholly at his Will as lowly as meekly as any Creature can do or may do to his Liege Lord beseeching to his high Lordship that he will for the Passion that God suffered for all Mankind and the Compassion that he had for his Mother on the Crosse and the Pitty that he had of Mary Magdalen that he will vouchsafe for to have Compassion and Pitty and to accept me to his Mercy and to his Grace as he that hath ever been full of Mercy and of Grace to all his Lieges and to all other that have nought been so nigh unto him as I have been though I been unworthy After this Return to the Commission had been read the Apellants prayed That William Rickhill approved for his Loyalty and William Rickhill declares in Parlement the manner of the Duke of Glocester's Confession Discretion might be commanded by the King upon his Ligeance to declare the truth touching this Confession who in the presence of the King the Lords Spiritual and Temporal and Commons in Parlement said and declared That about Eight of the Clock before Noon he came within the Castle of Caleys to the Duke of Glocester being then in good Memorie and out of Prison esteant alors en bone memorie hors de duresse de prison and shew him the Commission and the cause of his coming to him in the presence of John Lancaster and John Lovetoft and prayed him that what he had to say he would put down in Writing and then departed Then returning to him about Nine of the Clock afternoon the same day the Duke read in writing the said Confession with his own Mouth and gave the same to William Rickhill with his own Hand And further William Rickhill said to
was to be Prisoner in the Isle of Man On Wednesday the 4 Ibm. The Duke of Hereford accused the Duke of Norfolk by a Schedule in Writing 30th day of January in the Parlement as above Henry of Lancaster Duke of Hereford came before the King with a Schedule in his Hand and said to the King he came by his Command into his presence at Haywode where he told him he understood Thomas Mowbray Duke of Norfolke had spoken many dishonest Words in slander of his Person and that they were spoken to him as he was informed Upon this the King charged him upon his Ligeance That he should truly repeat the Words as they were spoken The Duke of Hereford not thro' Malice or Enmity or other Cause but only to obey the King's Command as he was bound come il est tenuz wrote down the Words which the Duke of Norfolk spake to him as before he had conceived and born them in his Memory and were in the Schedule which he delivered to the King With Protestation to add or diminish at all times and when he pleased as it should be needful saving always the substance of the Libel Which was this Sir in the Month of The Tenor of the Schedule December in the Twenty one year of your Reign the Duke of Hereford Travelling between Bramford and London the Duke of Norfolk with a great Train met and Discoursed with him of divers Matters amongst which he told him they were in Point to be undone and the Duke of Hereford demanded why and he answered for the Fact at Radcot Bridge The Duke of Hereford said How can this be for he hath done us favour and declared us in Parlement to have been good and loyal towards him The Duke of Norfolk answered notwithstanding that it will be done by us as had been done by others before for he will vacate this Record The Duke of Hereford replied This would be a great Wonder since the King had said it before the People that he should afterwards make it be annulled And further the Duke of Norfolk said This was a Marvellous World and false for I know well saith he That if _____ Monsieur your Father and you had been taken or killed when you came to Windsor after the Parlement and that the Dukes of Albemarle and Excester the Earl of Worcester and he were agreed never to undo any Lord without just Cause and Reasonable and that the Malice of this Fact was in the Duke of Surrey the Earl of Wiltshire and Earl of Salisbury drawing to them the Earl of Gloucester who had Sworn to undo Six other Lords that is to say the Dukes of Lancaster Hereford Albemarle and Excester with the Marquess and himself And also he said they purposed to Reverse the Judgment of Earl Thomas of Lancaster and hereby we and many others should be Disherited The Duke of Hereford said God forbid for it would be a great wonder if the King should Assent to this for it seemed to him by his chearful Countenance and his promise of being a good Lord and also that he knew he had sworn by St. Edward to be a good Lord to him and all the others The Duke of Norfolk answered He had done the same to him many times and sworn by the Body of God and that for this he was never the better to be trusted And further said to the Duke of Hereford That the King was about to draw the Earl of March and others to the Agreement and Purpose of the said Four Lords to destroy the others aforesaid The Duke of Hereford replied If it be so we can never trust them The Duke of Norfolk said For certain not for although they cannot accomplish their Design at present yet they will be contriving ten Years from this time to destroy us in our Houses Hereupon Thursday the 31st of January and last Day of the Matters contained in the Schedule how to be determined Parlement it was Ordained by the King with the Assent of all the Estates in Parlement That the Matters comprised in this Schedule should be determined and ended by the Good Advice and Discretion of the King and certain Commissioners assigned by Authority of Parlement as it doth appear in the Roll of Parlement to wit the Duke of Lancaster the Duke of York the Dukes of Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Sarum Northumberland and Glocester or Six of them the Earl of Worcester or the Earl of Wiltshire Procurators of the Clergy or one of them John Bussy Henry Grene John Russel Robert Teye Richard Chelmeswyk and John Golafree Knights of the Parlement Four or Three of them And afterward on the 19th Day of March next following The Dukes of Hereford and Norfolk appear before the K. at Oswaldstre Their Case to be tried by Chivalry or Duel after the Dukes of Hereford and Norfolk had been before the King at Oswaldstre it was agreed by the King and the Lords and Knights abovesaid That the Process in the Determination of these Matters should hold the course of the Law of Chivalry if sufficient Proofs could not be found until it should be determided between the Dukes by course of Law Wherefore 5 Ibm. 22 Ric. II. A. D. 1398. on the 16th Day of September in the 22d of the King's Reign at Coventry the Dukes of Hereford and Norfolk were told by the King's Command That on Wednesday next after the Quinden of St. Hillary or 27th of January in the Year of the King's Reign Twenty one in the Parlement at Shrewsbury The Duke of Hereford delivered the King a Bill the Tenour whereof follows and was the same Word for Word with the Schedule before translated from the French Record And then it follows That after this Parlement was ended the Dukes appeared at Oswaldstre the 23d of February when Day was assigned them to be at Windsor on Sunday the 28th of April where they both appeared and had the next Day assigned In the mean time the King and his Council held at Bristol perusing Battel ordered between the two Dukes The Battel joined between them the Act at Oswaldstre by Advice of Those that had the Authority of Parlement Ordained Battel between them if sufficient Proofs could not be found And on Monday the 29th of April they both appeared when the Battel was joined a quell Lundy fuist la Bataille joint by Advice of the Dukes Earls Barons Banerets and Chivalry of England there in great Number assembled for this cause as well as of those who had the Authority of Parlement and this because no sufficient Proofs could be found in the mean The Dukes ready to perform what was ordered them at Coventry time On the 16th of September the Dukes were ready at Coventry pour faire lour Devoir to perform what was ordered when the King of his Especial Grace took the Battel into his hand nostre Seigneur le Roy come
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as
a Token of his Intention as was said before the Arch-Bishop taking King Henry by the Right Hand led him to the Royal Throne and when the same King had Kneeled and Prayed a while before it the Arch-Bishop of Canterbury the Arch-Bishop of York assisting him placed him therein the People for great Joy Shouting mightily When the Shouting was over 4 Ib. n 55. the Arch-Bishop of Canterbury made a short Preachment or Collation as 't is called upon the Roll his Text or Theme was Vir dominabitur Populo 1 Sam. c. 9. v. 17. The English Version of the whole Verse according to the Vulgar Edition runs thus And when Samuel saw Saul the Lord said unto him Behold the Man whom I spake to thee of this same shall Rule over my People Iste dominabitur Populo meo In this Collation he makes a Comparison between King Richard who he makes a Child and his whole Government a Childish Acting and King Henry a Perfect Wise Man In this Comparison he makes use of several Places of Scripture but how properly or how to the purpose belongs not to this Place to say At length he insinuates That by Childish Government the Nation had been in great Danger but now they were freed from it because a Man will Reign to wit he that says not as a Child but one of Perfect Reason I came not to do my own Will but the Will of him that sent me that is God And therefore we may not only say of this Man That he will think of things in Wisdom but also as a Man and not as a Child In sensu cogitabit circumspectionem Dei He will in earnest think of the Circumspection or Providence of God id est circumquaque diligenter aspiciet ut Dei voluntas non sua fiat that is he will look diligently every way about him that God's Will not his own may be done and so in the Place of a wanton Child a Man Rules over the People and such a Man that it may be said The King shall Reign and he shall be a Wise Man and do Judgment and Justice in the Land Which Collation ended 5 Ib. n. 56. King Henry to quiet the Minds of his Subjects said publickly these Words SIRES I Thank God and zowe Spirituel and Temporel and all the Astates of the Lond and do zowe to wyte it es noght my Will that no Man thynk that be waye of Conquest I wold Disherit any Man of his Heritage Franches or other Ryghts that hym aght to have no put hym out of that that he has and has had by the gude Lawes and Custumes of the Rewme except those Persons that has ben agan the gude Purpose and the comune Profyt of the Rewme And forthwith 6 Ib. n. 57. it being considered that the Throne being Vacant by the Cessation and Deposition of King Richard the Power of all the Justices Sheriffs and other Officers through the Kingdom ceased lest Justice might be delayed to the Grievance of the People he Named his Principal Officers and Justices who took the usual Oaths And forthwith Proclamation was made by the King's Command That on Monday next after the Feast of St. Michael a Parlement should be held in that Place and that on Monday next following on the Feast of St Edward the Coronation should be at Westminster and that who claimed any Service then might put in their Petitions before the Steward Constable and Marshall of England where they should receive full Justice And for the shortness of Time assigned for the Sitting of the Parlement the King made Protestation it was not his Intention it should be any Prejudice to the States of his Kingdom or that it should be made an Example for the future but that it was only for the Profit of the Kingdom and specially to spare the Labour and Expences of his Lieges and that the Grievances of the People might have speedy Remedy All which things being finished 7 Ibm. n. 58. the King rose from his Throne and beholding the People with a chearful Countenance departed and the same Day in the White Hall in Alba Aula he had a great Entertainment for the Noble and Gentlemen who were there in great Numbers These things were done on Tuesday the 30th of September And afterwards on the next day 8 Ibm. being Wednesday the Deputies or Proctors before mentioned went to Richard late King in the Tower as they had been enjoined William Thirnyng Justiciary for himself and Fellow-Proctors in the Name of all the States and People notified to Richard and fully declared the Admission of his Renunciation and the Manner Cause and Form of the Sentence of his Deposition and presently Resigned the Homage and Fealty that had been made to the late King Richard as follows The Words 9 9 Ibm. n. 59. which William Thirnyng spake to Monsieur Richard late King of England at the Tower of London in his Chamber there on * * Note this Wednesday was Octob. 1. Wednesday next after the Feast of St. Michael the Archangel SIRE IT is wele known to zowe That ther was a Parlement somond of all the States of the Reaume for to be at Westmynstre and to begynne on the Teusday in the morrow of the Fest of Seint Michell the Archaungell that was zesterday by cause of the whiche Sommons all the States of this Lond were there gadyrd the whiche States hole made thes same Persones that ben comen here to zowe nowe her Procuratours and gafen hem full Auctorite and Power and charged hem for to say the Wordes that we sall say to zowe en her Name and on their Behalve that is to wytten The Bishop of St. Assa for Ersbisshoppes and Bisshoppes the Abbot of Glastenbury for Abbotes and Priours and all other Men of Holy Chirche Seculers and Rewelers the Erle of Gloucestre for Dukes and Erles the Lord of Berkeley for Barones and Banerettes Sire Thomas Irpyngham Chamberleyn for all the Bachilers and Commons of this Lond be South Sire Thomas Grey for all the Bachilers and Commons by North and my Felawe Johan Markham and me for to come with hem for all thes States And so Sire these Wordes and the doying that we sall say to zowe is not onlych our Wordes bot the Wordes and the Doyings of all the States of this Lond and our Charge and in her Name And he answered and said That he wyst wele that we wold not say but as we were charged Sire ze remembre zowe wele That on Monday on the Fest of St. Michell the Archaungell ryght here in this Chambre and in what Presence ze Renounsed and Cessed of the State of Kyng and Lordeship and of all the Dignite and Wyrshipp that longed therto and assoiled all zour Lieges of her Legiance and Obeysance that longed to zowe uppe the Forume that is contened in the same Renunciacion and Cession whiche ze redde zour self by zour Mouth and affermed it by zour Othe
the Kings of Denmarke and Swevelande who are many times by the Nobility dejected either into Prison or into Exile Such likewise are the Dukes of Venice and of some other Free States in Italy and the chief Cause for which Lewes Earl of Flaunders was lately expelled from his Place was for drawing to himself Cognisance in Matters of Life and Death which high Power never pertained to his Dignity In these and such like Governments the Prince hath not Regal Rights but is himself subject to that Power which is greater then his whether it be in the Nobility or in the Common People but if the Soveraign Majesty be in the Prince as it was in the Three first Empires and in the Kingdoms of Judea and Isreal and is now in the Kingdoms of England France Spain Scotland Muscovia Turkey Tartaria Persia Aethiopia and almost all the Kingdoms of Asia and Africk altho for his Vices he be unprofitable to the Subjects yea hurtful yea intolerable yet can they Lawfully neither harm his Person nor hazard his Power whether by Judgment or else by Force for neither one nor all Magistrates have any Authority over the Prince from whom all Authority is derived and whose only Presence doth silence and suspend all inferiour Jurisdiction and Power And as for Force what Subject can attempt or assist or counsel or conceal Violence against his Prince and not incur the high and heinous Crime of Treason it is a common saying Thought is free free indeed from Punishment of Secular Laws except by Word or Deed it break forth into Action Yet the secret Thoughts against the Sacred Majesty of a Prince without attempt without endeavour have been adjudged worthy of Death and some who in Auricular Confession have discovered their Treacherous Devices against the Person of their Prince have afterwards been Executed for the same All Laws do exempt a Mad Man from Punishment because their Actions are not governed by their Will and Purpose and the Will of Man being set aside all his Doings are indifferent neither can the Body offend without a corrupt or erroneous Mind yet if a Mad Man draw his Sword upon his King it hath been adjudged to deserve Death And lest any Man should surmise that Princes for the Maintenance of their own Safety and Soveraignty are the only Authors of these Judgments let us a little consider the Patterns and Precepts of Holy Scripture Nebuchadnezzar King of Assyria wasted all Palestine with Fire and Sword oppugned Hierusalem a long time and at last expugned it slew the King burnt the Temple took away the Holy Vessels and Treasure the rest he permitted to the Cruelty and Spoil of his Unmerciful Soldiers who defiled all Places with Rape and Slaughter and ruinated to the Ground that flourishing City After all the glut of this Bloody Butchery the People which remained he led Captive to Chaldea and there erected his Golden Image and commanded That they which refused to Worship it should be cast into a Fiery Furnace What Cruelty what Injustice what Impiety is comparable to this And yet God calleth Nebuchadnezzar his Servant and promiseth him Hire and Wages for his Service And the Prophets Jeremiah and Baruch did write unto the Jews to pray Jerem 25. 9. Ezceh 29 18. Jerem. 29. 7. Baruch 1. 11. for the Life of him and of Baltazzar his Son that their days might be upon Earth as the days of Heaven And Ezechiel with bitter Terms abhorreth the Disloyalty of Zedechia because he revolted from Nebuchadnezzar whose Homager and Tributary he was What shall we say of Saul Did he not put all the Priests to Execution because one of them did Relieve Holy and Harmless David Did he not violently Persecute that his most Faithful Servant and Dutiful Son in Law During which Pursuit he fell twice into the Power of David who did not only spare but also Protect the King and reproved the Pretorian Soldiers for their Negligent Watch and was touched in the Heart for cutting away the lap of his Garment and afterwards caused the Messenger to be slain who upon Request and for Pitty had lent his Hand as he said to help So did Domitian put to death Epaphroditus Nero's Libertine because he helped Nero although in Love to kill himself So did Seâ—erus kill all the Killâ—rs of Pertinax his Predâ—â—â—ssâ—r and likewise Vitellius did put to Death all the Murderers of Galba Theophilus Emperor of Graecia caused all those to be sâ—ain who had made his Father Emperor by killing Leo Armenius And Alexander the Great put to cruel Execution those that had sâ—ain Darius his Mighty and Mortal Enemy forward the voluntary Death of that Sacred King As for the contrary Examples as that of Jehu who slew Jehoram and Ahazia Kings of Israel and Juda they were done by express Oracle and Revelation from God and are no more set down for our imitation then the Robbing of the Aegyptians or any other Particular and Priviledged Commandement but in the general Precept which all Men must ordinarily follow not only our Actions but our Speeches also and our very Thoughts are strictly charged with Duty and Obedience unto Princes whether they be Good or Evil The Law of God ordaineth Deut. 17. 12. Psal 105. Exod. 22. 28. Act. 23. 5. Roman 13. 1 13. Titus 3. 1. 1 Pet. 2. 13 14 17. 2 Tim. 2. 2. That he which doth Presumptuously against the Ruler of the People shall dye And the Prophet David forbiddeth to touch the Lords Anointed Thou shalt not saith the Lord rail upon the Judges neither speak Evil against the Ruler of the People And the Apostles do demand further That even our Thoughts and Souls be obedient to Higher Powers And lest any should imagine that they meant of good Princes only they speak generally of all and further to take away all doubt they make express mention of the Evil. For the Power Rom. 13. 2. John 19. 11. and Authority of Wicked Princes is the Ordinance of God and therefore Christ told Pilate That the Power which he had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lord 's Anointed Esay 45. 1. For God stirreth up the Spirit even of Wicked Princes to do his Will and as Johosaphat said to his Rulers they execute 2 Chron. 36. 22. not the Judgment of Man but of the Lord in regard whereof David calleth them Gods because they have their Rule and Psal 28. Authority immediately from God which if they abuse they are not to be adjudged by their Subjects for no Power within their Dominion is superior to theirs but God reserveth them to the sorest Tryal Horribly and suddenly saith the Wiseman Sap. 6. shall the Lord appear unto them and a hard Judgment shall they have The Law of God commandeth That the Child should be put to Death for any contumely done unto the Parents But what if the Father be a Robber
If a Murderer If for all excess of Villanies odious and execrable both to God and Man Surely he deserveth the highest degree of Punishment and yet must not the Son lift up his Hand against him for no Offence is so great as to be punished with Parricide but our Country is dearer unto us then our Parents and the Prince is Pater Patriae the Father of our Country and therefore more Quintil. in declam offic lib. 1. sacred and dear to us then our Parents by Nature and must not be violated how Imperious how Impious soever he be Doth he Command or Demand our Persons or our Purses we must not shun for the one nor shrink for the other for as Nehem. 9. 37. Nehemiah saith Kings have Dominion over the Bodies and over the Cattle of their Subjects at their Pleasure Doth he enjoin those Actions which are contrary to the Laws of God we must neither wholly obey nor violently resist but with a constant Courage submit our selves to all manner of Punishment and shew our Subjection by Enduring and not Performing Yea the Church hath declared it to be an Heresie to Alphonsâ— a Castro in lib. de haeresi in Verb Tyrannus Dom. Sâ—to lib. 5. de just jure hold that a Prince may be Slain or Deposed by his Subjects for any Disorder or Default either in Life or else in Government there will be Faults so long as there are Men and as we endure with Patience a Barren year if it happen and unseasonable Weather and such other Defects of Nature so must we tolerate the Imperfections of Rulers and quietly expect either Reformation or else a Change But alass good King Richard what such Cruelty What such Impiety hath he ever committed Examine rightly those Imputations which are laid against him without any false Circumstance of Aggravation and you shall find nothing objected either of any Truth or of great Moment It may be that many Errours and Oversights have escaped him yet none so grievous to be termed Tyranny as proceeding rather from Unexperienced Ignorance or Corrupt Counsel than from any Natural and Wilful Malice Oh! how shall the World be pestered with Tyrants if Subjects may rebel upon every pretence of Tyranny How many good Princes shall daily be suppressed by those by whom they ought to be supported If they Levy a Subsidy or any other Taxation it shall be claimed Oppression If they put any to Death for Traiterous Attempts against their Persons it shall be exclaimed Cruelty If they do any thing against the Iust and liking of the People it shall be proclaimed Tyranny But let it be that without Authority in us or Desert in him King Richard must be Deposed yet what Right had the Duke of Lancaster to the Crown Or what Reason have we without his Right to give it to him If he make Title as Heir unto King Richard then must he yet stay until King Richard's Death for no Man can succeed as Heir to one that Liveth But it is well known to all Men who are not either wilfully Blind or grossly Ignorant that there are some now alive lineally descended from Lionel Duke of Clarence whose Offspring was by Judgment of the High Court of Parlement holden the Eighth year of the Reign of King Richard declared next Successor to the Crown in case King Richard should die without Issue Concerning the Title from Edmund Crouchbacke I will pass it over seeing the Authors thereof are become ashamed of so absurd Abuse both of their own Knowledge and our Credulity and therefore all the Claim is now made by Right of Conquest by the Cession and Grant of King Richard and by the general Consent of all the People It is a bad Wooll that can take no colour but what Conquest can a Subject pretend against his Sovereign where the War is Insurrection and the Victory High and Heinous Treason As for the Resignation which King Richard made being a pent Prisoner for the same Cause it is an Act exacted by force and therefore of no force or validity to bind him and seeing that by the Laws of this Land the King alone cannot alienate the ancient Jewels and Ornaments pertaining to the Crown surely he cannot give away the Crown it self and therewithall the Kingdom Neither have we any Custom that the People at Pleasure should Elect their King but they are always bound unto him who by right of Blood is right Successor much less can they confirm and make good that Title which is before by Violence usurped for nothing can then be freely done when Liberty is once restrained by fear So did Scilla by Terrour of his Legions obtain the Law of Velleia to be made whereby he was created Dictator for Fourscore years and by like Impression of Fear Caesar caused the Law of Servia to be promulged by which he was made Perpetual Dictator but both these Laws were afterwards adjudged void As for the Deposing King Edward the Second it is no more to be urged than the Poysoning of King John or the Murdering of any good and Lawful Prince We must live according to Laws and not to Examples and yet the Kingdom was not then taken from the Lawful Successor But if we look back to Times lately past we shall find that these Titles were more strong in King Stephen then they are in the Duke of Lancaster for King Henry the First being at large Liberty neither restrained in Body nor constrained in Mind had appointed him to succeed as it was upon good Credit certainly affirmed the People assented to this Designment and thereupon without Fear and without Force he was Anointed King and obtained full Possession of the Realm Yet Henry Son of the Earl of Anjowe having a nearer Right by his Mother to the Crown notwithstanding his Father was a Stranger and himself born beyond the Seas raised such rough Wars upon King Stephen that there was no end of spoiling the Goods and spilling the Blood of the unhappy People besides the ruines and deformities of many Cities and Holds until his Lawful Inheritance was to him assured It terrifieth me to remember how many Flourishing Empires and Kingdoms have been by means of such Contentions either torn in pieces with Intestine Division or subdued to Foreign Princes under Pretence of Assistance and Aid and I need not repeat how sore this Realm hath heretofore been shaken with these several Mischiefs and yet neither the Examples of other Countries nor the Miseries of our own are sufficient to make us to beware O Englishmen worse bewitched than the foolish Galathians Our unstayed Minds and restless Resolutions do nothing else but hunt after our own Harms No People more Hated Abroad and none less Quiet at Home In other Countries the Sword of Invasion hath been shaken against us in our own Land the Fire of Insurrection hath been kindled amongst us And what are these Innovations but Whetstones to sharpen the one and Bellows to blow up the
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
Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His
His Grants in Parlement repealed Fol. 397 C He is appealed of High Treason Fol. 405 A His Death at Calais Fol. 408 B Is adjudged a Traitor Fol. Ib. D His Confession before his death Fol. 409 D Godfrey of St. Omar Founder of the Order of the Templars Fol. 165 A Gournay Tho. one of the Keepers and Murderers of Edw. II. Fol. 164 C Judgment against him for the same Fol. 191 A Grievances of the Kingdom presented Fol. 57 D 58 Guardians of the Kingdom who Fol. 1 D They proclaim the King's Peace Fol. Ib. They do the same for Ireland Fol. 2 A Their Writ to assess Tallage and suppress Tumults Fol. Ib. C Guines surprized by the English Fol. 248 C Guy Earl of Flanders his Alliance with Edward I. Fol. 42 A H. HAles Sir Robert Beheaded by the Rebels Fol. 346 C Haynault Earl of furnisheth Queen Isabel with Ships and Forces Fol. 154 D Haxey Thomas his Bill in the House of Commons against the King's Royalty Fol. 396 A Is adjudged a Traitor Fol. Ib. D Hereford Henry Duke his Submission to King Richard Fol. 403 E He accused the Duke of Norfolk Fol. 404 F The Schedule of his Accusation Fol. 413 B The matter contained in it to be determined by Duel Fol. 414 D The King prevents the Battel and banishes him Fol. 415 B C He lands in England Fol. 419 B The Nobility and People join him Fol. Ib. C D His Obeisance to King Richard and Reception at London Fol. 420 A He claims the Crown Fol. 432 D His Speech to the Lords and Commons Fol. 433 D He summons a Parlement in his own Name to be returned in six Days Fol. 435 E His Eldest Son made Prince of Wales Fol. 438 A His Followers and Confederates pardoned Fol. 452 A Adam Bishop See Adam Nicholas a Professor of Divinity in Oxford a Wiclivite Fol. 459 F The Proceedings against him Fol. 460 461 Higden Ran. his Character of the Earl of Lancaster Fol. 139 C Holt Sir John impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Hugo de Paganis one of the Founders of the Order of the Templars Fol. 165 A Hungerford Tho. Speaker of the Commons prays the reverse of several Impeachments Fol. 306 E I. JEws hanged for Clipping and Coining Fol. 8 C Maintenance allowed to the Converted Fol. Ib. The Obstinate are Banished Fol. 9 A John Duke of Bretagne died without Issue Fol. 224 The Competitors for his Dukedom Fol. Ib. C King of France Crowned Fol. 247 F He is Overthrown by Edward the Prince of Wales Fol. 257 He and his Son Philip taken Prisoners Fol. Ib. E They are brought to London Fol. 258 D And sent to the Tower Fol. 261 F He agrees to a Peace with Edward III. Fol. 262 E His return into England Errand and Death there Fol. 283 B Isabel Queen to Edward II. denied entrance into Leeds-Castle Fol. 134 A She writes to the Pope to Saint the Earl of Lancaster Fol. 138 E F She built a Chapel on the Hill where he was Executed Fol. 140 A She obtains Leave to get into France Fol. 148 E Her Excuse to the King for staying there Fol. 149 150 She takes Mortimer into her Service Fol. Ib. D Her Behaviour towards the King Fol. 152 A She leaves France and goes to the Earl of Haynault Fol. 154 A She lands at Harwich and is joined by the Nobility Fol. Ib. E F The Increase of her Army and her Cause carried on by false Reports Fol. 155 C D Her Care of Holy Church Fol. 157 E She takes Bristol and marches into Wales to find out the King Fol. 158 C D She held a Parlement with the Prince her Son Fol. 161 B Her seeming Sorrow for the King her Husband Fol. 163 A She and Mortimer hath the whole Government Fol. 186 A K. KEnt Edmund Earl of Vncle to Edward III. adjudged to death in Parlement and for what Fol. 185 D His Son restored to his Blood and Lands Fol. Ib. F Kilwardy Robert Elected Arch-Bishop of Canterbury without the King's Licence Fol. 93 B His Election protested against Fol. Ib. E Knights Four summoned for every County Fol. 10 B Knivet Sir John Chancellor his Declaration in Parlement of the Necessities of Edward III. Fol. 293 294 296 A Knolls Sir Robert Ravages and Burns the Country about Paris Fol. 290 A His great Care to suppress Tumults Fol. 361 A L. LAncaster Thomas Earl of resolved to defend Holy Church Fol. 114 E He demanded Gaveston of King Edward II. Fol. Ib. F He marched after the King and Gaveston Fol. 115 A A great Admirer of Robert Winchelsey Arch-Bishop of Canterbury Fol. 119 D He refused to serve the King against the Scots Fol. 120 A Is made Chief of the Council to Edward II. Fol. 122 E And General of the Army against the Scots Fol. 123 C The Agreement between him and the King Fol. 124 C He joins with the Earl of Hereford Fol. 134 F Is taken Prisoner Condemned and Executed Fol. 135 B Miracles done by him after his Death Fol. 136 A His Image adored at St. Paul's Fol. 138 A Queen Isabel writes to the Pope to Saint him Fol. Ib. D E The Arch-Bishop of Canterbury doth the same Fol. 139 A His Character by Higden Fol. Ib. C D Henry his Son shews Compassion to Edward II. Fol. 164 B His Submission to Edward II. and Queen-Mother Fol. 185 B He died of the Plague Fol. 282 D John Duke made Governour of Acquitain Fol. 290 C His Title to the Kingdom of Castile Fol. 292 A Is made the King's Lieutenant in France Fol. 295 A His ill Conduct in his Army Fol. Ib. C The three Great Offices he claimed at King Richard's Coronation Fol. 326 C His Retirement from Court Fol. 327 A His Challenge to his Accusers Fol. Ib He is chosen Head of the Committee for the Assistance of the Commons Fol. Ib. He sets out a Fleet and is beaten by the Spaniards Fol. 134 A B His Expedition against the Scots Fol. 342 F He concludes a Truce with them Fol. 350 F The Quarrel between him and Northumberland ended Fol. 351 A His Proposals to go into â—pain Fol. 355 A His Expedition against the Scots unsuccessful Fol. 361 B He is accused of Treason by a Fryer Fol. Ib. D His extravagant Expences in France Fol. Ib. E His Voyage into Spain and Claim of that Crown Fol. 364 C He is created Duke of Aquitain Fol. 392 C The Earl of Arundel asks his Pardon in full Parlement Fol. 394 A He is made Lord High Steward at the Trial of the Earl of Arundel and others Fol. 407 A He was First Commissioner in the Judgment given against his Son Henry Duke of Hereford 415 426 in the Margin Latimer impeached by the Commons Fol. 301 F Laws made in the First Purlement of Edward I. Fol. 4 C
attendentes inclitum regnum Francie ad nos fore jure successorio legtimè devolutum ipsum regnum ut hereditatem nostram legitimam agnoverimus ut eidem nos immiscere voluerimus sicut decet de debito regimine dicti regni summè soliciti ac de probitate magnifica fidelitate solida industria circumspecta nobilis potentis viri Johannis Ducis Brabant Lotring consanguinei nostri carissimi intime confidentes ipsum in regno praedicto locum nostrum tenentem Capitaneum nostrum vicarium fecerimus praefecerimus generalem concedentes committentes eidem Duci merum imperium gladii potestatem ac jurisdictionem omnem altam bassam cognitionem decisionem omnium tam criminalium quam civilium questionum cum potestate Judices ministros prout expedire viderit deputandi necnon plenum exercitium omnium singulorum nobis nostro regimini incumbentium in hac parte quae nos facere possemus deberemus si presentes essemus ibidem Vobis omnibus singulis firmiter injungimus mandamus quod prefatum Ducem ad exequenda premissa libenter devota recipitatis sibi tanquam persone nostre sic pronis affectibus pareatis intendatis humiliter in premissis ut devotionis vestrae promptitudinem debeamus meritò commendare scituri pro certo quod ad humiles esse volumus cum favoris exuberantia gratiosi in rebelles prout exegerit vestra protervia saevientes In cujus c. Dat. ut supra Item consimilia mandata diriguntur eisdem sub nomine Gulielmi Marchionis Juliacen N. 86. Rot. Parl. 14. Ed. 3. parte p. 9. 10. Stat. at large 14. of Ed. 3. EDward by the grace of God King of England and Fraunce and Lord of Ireland to all those which these Letters shall hear or see greeting Know ye that whereas some People do think that by the reason that the Realm of Fraunce is devolute to us as right Heir of the same and forasmuch as we be King of Fraunce our Realm of England should be put in Subjection of the King and of the Realm of Fraunce in time to come we having regard to the Estate of our Realm of England and namely that it never was nor ought to be in Subjection nor in the Obeisance of the Kings of Fraunce which for the time have been nor of the Realm of Fraunce And willing to provide for the Suretie and Defence of the said Realm of England and of our liege People of the same Will and graunt and stablish for us and for our Heirs and Successors by assent of the Prelats Earls Barons and Commons of our Realme of England in this our present Parliament summoned at Westminster the Wednesday next after the Sunday in Middle-lent the XIV Year of our said Reign of our Realme of England and the first of Fraunce that by the cause or colour of that that we be King of Fraunce and that the said Realm to us pertaineth as afore is said or that we do us to be named King of Fraunce in our Stile or that we have changed our Seals or our Arms nor for Commandements which we have made or from henceforth shall make as King of Fraunce our said Realm of England nor the People of the same of what Estate or Condition they be shall not in any time to come be put in Subjection nor in Obeisance of us nor of our Heirs nor Successors as Kings of Fraunce as afore is said nor be Subject nor Obedient but shall be free and quite of all manner of Subjection and Obeisance aforesaid as they were wont to be in the time of our Progenitors Kings of England for ever In witness of which things c. Dated at Westminster c. the XIV Year of our Reign of England and the first of Fraunce N. 87. a. Avesbury Cap. 31. PHilip de Valois que longe tems avoms pursui devers vos per messages toutz altres voies que nos favoms-resonables a fin que voz noz vousistez avoir rendu nostre droit heritage de Fraunce le quele voz noz avetz longe tems detenu a graunt tort coupe Et pur ceo que nos veoms bien que voz estes en entente de perseverer en votre injuriouse detenue sauntz noz feare reson de nostre demaunde sumez noz entrez en la terre de Flaunders come Signeur Soveraign de cele passer permi le pais voz signifioms que pris ovesque nous laide nostre Seigneur Jhesu Christ nostre droit ouesque le poar du dit pais ouesque noz gentz et aliez regard le droit que noz avomps a leritage que voz noz detenez a vostre tort noz treioms vers vouz pur mettre briefe fin sour nostre droiturele chalenge si vouz vuilletz a proscher Et pur ceo que si graunt poar des gentz assemblez que viegnent de nostre part et que bien quidoms que voz amesnetz de vostre part ne se purroient mye longment tenir ensemble sauntz faire graunt destruccion al people al pais la quele chose chescun Chrestiens doit escheure et specialement Princes et aultres que se teignent governours de gentz si desirroms moult qui briefe point se preist et pur escheure mortalite de Chrestiens ensi come la querele est apparent a noz et voz que la discucion de nostre chalenge se feseit entre nos deux corps a la quele chose noz voz offroms pur les causes susditz comment que nos puissoms bien veer la graunt noblesse de vostre corps vostre sen auxint avisement et en cas que vous ne vorâ—oiez cele voie adonques soit mys nostre chalange pur affiner icelle battaile de voz mêmes od cent persones des plus suffisauntz de vostre part nos mesmes od aultres tauntz de noz gentz lieges Et si vous ne voilletz lune voie ne lautre que vous noz assignez certein jour devant la ville de Tourneye pur combatre poar encountre poar de deinz et jours proscheins apres la date du ceste lettre et nos offrez doz susditz voloms tut le mounde estre conutz quest nostre desir ne mye pur orguille ne surquidance meas que pur les causes susdites a fin que la volente nostre Seigneur Jhesu Christ monstre entre nous repos poet de pluis en pluis estre entre Chrestiens que le poar des enemys Dieux feussent resistez et Christiente enfraunchie et lavoie sour ceo que eslire voilletz des offrez des susditz noz voilletz signifier par le portour du cestes lettres et par les vostres a lui fesant hastive deliverance Done soutz nostre graunt seal a Chyn es Champs de leez Tourneye le xxvii jour du moys de Juyl
what Cause soever except what by this Treaty ought to remain and be delivered to the King of England and his Heirs and one King shall part with Release and Transfer to the other perpetually all the Right which either of them hath or can have in all the things which by this Treaty ought to remain and be delivered to each of them and of the time and place where and when the said Renunciations shall be made the Two Kings shall agree and appoint when they meet at Calais This Article was intirely left out of the Treaty corrected at Calais when the Two Kings met there 13. Also it is agreed That to the end this Treaty may speedily be accomplished that the King of England shall bring the King of France to Calais within three weeks after Midsummer there being no just hindrance at his own Expence 14. Also it is agreed That the King of France shall pay to the King of England Three Millions of Crowns of Gold whereof Two shall be of the value of a Noble of English Money whereof 600000 Crowns shall be paid to him or his Deputies within four Months after the King of France shall arrive at Calais and within a year following 400000 Crowns to be paid at London and so every year 400000 Crowns to be paid there until the whole was discharged 15. It is also agreed That for the Payment of the 600000 Crowns at Calais and for the delivery of the Hostages hereafter named within four months after the King of France shall be come to Calais the Town Castle and Fortresses of Rochell the Castles Fortresses and Towns of the County of Guines shall be rendered to the King of England with all their Appertenences and Appendences and the Person of the King of France shall be delivered out of Prison but he is not to Arm himself or People against the King of England but is to accomplish what was to be done by this Treaty And the Hostages were the great Prisoners taken at the Battel of Poictiers and these following That is to say Monsieur Lewis Earl of Anjou Monsieur John Earl of Poicters the King's Sons the Duke of Orleans the King's Brother the Duke of Bourbon the Earl of Blois or his Brother the Earl of St. Paul the Earl of Alanâ—on or Monsieur Peter of Alançon his Brother the Earl of Harcourt the Earl of Portien the Earl of Valentiniois the Earl of Briene the Earl of Vaudemont the Earl of Forest the Viscount Beaumont the Lord of Coucy the Lord of Fienne the Lord of Preaux the Lord of St. Venant the Lord of Garencieres the Dauphin of Avergne the Lord of Hangest the Lord of Montmorency Monsieur William de Craon Monsieur Lewis of Harcourt Monsieur John de Ligny The Names of the Prisoners taken at Poictiers were these Monsieur Philip of France the Earl of Eu the Earl of Longueville the Earl of Ponthieu the Earl of Joigny the Earl of Sancene the Earl of Dammartin the Earl of Ventadour the Earl of Salbruche the Earl of Auxerre the Earl of Vendosme the Lord of Craon the Lord of Darnalt or Rual the Marshal of Danchan or d'Andeneham the Lord of Aubigny 16. Also it is agreed That the Prisoners aforesaid which come to remain in Hostage for the King of France shall therefore be delivered out of Prison without paying any Ransom according to Agreement made before the 3d of May last past and if any of them be out of England and not in Hostage at Calais within the first month after the said three weeks after Midsummer without just hindrance he shall not be quit of his Imprisonment but be forced by the King of France to return into England and there remain Prisoner or pay the Penalty by him promised and incurred for not returning 17. Also it is agreed That in stead of those Hostages which shall not come to Calais or shall dye or shall remove out of the Power of the King of England the King of France shall deliver others of the same Quality as soon as may be within four months after the Bayly of Amiens and the Major of St. Omer upon the King of England's Certificate shall have notice threof and the King of France upon his departure from Calais may have in his Company Ten of the Hostages such as the Two Kings shall agree upon so as Thirty may remain 18. Also it is agreed That the King of France within three months after he shall be gone from Calais shall send thither to remain in Hostage Four Persons de la ville de Paris of the Town of Paris and Two of every Town following of St. Omer Arras Amiens Beauvais Lisle Doway Tournay Remes Chaalons Troyes Chartres Tholouse Lyon Orleance Compiegne Roven Caen Tours Bourges The most sufficient of these Towns for the Accomplishment of this Treaty 19. Also it is agreed That the King of France shall be brought from England to Calais and remain there for four months but shall pay nothing the first month for his Guard and Keeping but for every one of the other months he shall remain there he shall pay 6000 Royals as they shall be then current in France before his departure from Calais and so afterwards for the time he stays there 20. Also it is agreed That as soon as may be within a year after the King of France is departed from Calais Monsieur John Earl of Montfort shall have the Earldom of Montfort with all its Appertenences doing Homage Liege to the King of France and his Devoir and Service in every Case as a good and Loyal Vassal Liege ought to do to his Liege Lord by reason of his Earldom and also his other Heritages shall be rendred to him that belong not to the Dutchy of Bretagne doing Homage and other Dues belonging to them And if he will demand any thing in any of the Heritages belonging to that Dutchy out of the Country of Bretagne he shall receive good and speedy Reason from the Court of France 21. Also upon the Question of the Demain of Bretagne which is between Monsieur John de Montfort and Monsieur Charles de Blois it is agreed That the Two Kings calling before them or their Deputies the Parties Principals they shall inform themselves of their Right and shall indeavour to make them agree about all that is in Debate between them as soon as they can And in case neither the Kings or their Deputies can make an Agreement within a year after the King of France shall arrive at Calais Friends on both sides may make the best Agreement between them they can and as soon as they can and if they cannot compromise the Matter within half a year they shall make Report thereof and what they find concerning the Rights of each Party and why the Debate remains between them to the Two Kings or their Deputies and then they as soon as may be shall make an Accord giving their final Sentence upon the Right of each