vol. 1. f. 18. The Queen at Hereford a Month. Vigil of Simon and Jude or the 27th of October Then the Queen went into the Marches of Wales and staid at * Ib. f. 600. The Queen goes with her Army into the Marches of Wales to find out the King and takes him with H. Despenser the Younger and others Hereford a Month from whence she sent Henry Earl of Lancaster and Rhese ap Howel a Clerc and Welsh-man who knew those Parts well with part of her Army to find out the King and by Money corrupted the Welsh-men so as they discovered him to be in the Abby aforesaid where he was taken with Hugh Despenser the Younger Robert Baldock and Simon de Reding 2 Ibm. who were committed to the Custody of the Earl by the Advice of the Bishop of Hereford Before it was known where the King was it was supposed he had left 3 Append n. 70. It was supposed the King was out of England England and 4 quitted the Government whereupon on the 26th Day of October at Bristol the Arch-Bishop of Dublin the Bishops of Winchester Ely Lincoln Hereford Norwich and other Prelates and Thomas Earl of Norfolk Edmund Earl of Kent the King's Brothers Henry Earl of Lancaster and Leicester Thomas Wake Henry de Bello Monte or Beaumont William la Zouche de Ashby Robert de Monte alto or Montalt Robert de Morle Robert de Wattevile and other Barons and Knights in the Presence of the Queen and the Duke of Aquitan her Son by the Consent of the whole Community of England being then present unanimously chose the same Duke to be Guardian of the Kingdom so as the The Prince or Duke of â— Aquitan made Guardian of the Kingdom said Duke and Guardian should Govern the Kingdom in the Name and Right of the King his Father in his absence And he took the Government of the Kingdom upon him accordingly and passed all Matters under his Privy Seal not having any other Afterwards on the 20th of November when the Queen 's and Duke's Enemies were taken and the King was returned into his Kingdom the Queen Duke Prelates and Noblemen aforesaid with the Assent of the Community aforesaid then being at Hereford by reason that the Power of the Guardian ceased by the King 's coming into his Kingdom sent the Bishop of Hereford to The Great Seal sent to the Queen and her Son the King then at Monmouth to beseech him to Command That all things that might tend to the Peace of the Kingdom might be Sealed with the Great Seal then with him This was done in the presence of the Earl of Lancaster c. and the King was prevailed on to send the Seal to his Wife and Son to 5 Ibm. 6 Wals f. 125. n 30 40. The King carried to Kenelworth-Castle The Earl of Arundel and 2. others Heads struck off at Hereford Seal what they would with it Whilst the Earl of Lancaster was carrying the King through Wales 6 by Monmouth Lidbury and other Places to his Castle of Kenelworth in Warwickshire they sent Hugh Spenser the Son Robert Baldock and Simon Reding to the Queen at Hereford Before their coming the Earl of Arundel John Daniel and Thomas Micheldene had their Heads struck off by the Procurement and Hatred of Roger Mortimer who 7 Ibm. n 40 50. Mortimer the Queen 's most familiar Counsellor was at this time the Queen's most familiar Counsellor Consiliarius Reginae familiarissimus without whom the Queen did nothing 8 Ibm. n. 40 50. Those that brought Hugh Spenser for their Reward had Two thousand Pounds as she had promised And 9 Ibm. H. Despenser the Son drawn hanged and quartered soon after he was adjudged to Death without being put to answer sine Responsione and was Drawn and Hanged upon a Gallows 50 Foot high and then Quartered and his Head fixed upon London-Bridge 1 Ib f. 126. lin 3. Simon Reding drawn and hanged On the same Day Simon Reding was Drawn and Hanged for speaking hard things of the Queen Yet Knighton 2 Col. 2547. n. 10 20 c. Knighton's Relation of the Judgment of H. Despenser the Son reports Hugh Spenser the Younger was Arraigned before Sir William Trussel a Justiciary in the Form there mentioned which was by way of a Speech made against him as 't is here contracted Hugh le Despenser 3 Ibm. Sir W. Trussell's Speech against H. Despenser the Son in the Parlement at Westminster in the 15th of the King your Father and you Hugh were awarded Traytors and Enemies of the Realm and Banished as such never to return without the Assent of the King in full Parliament duely summoned Contrary to which Award your Father and you Hugh were found in the Court without Warrant And you Hugh as you returned into the Kingdom feloniously spoiled and robbed Two Domands Merchant-Ships so called of Goods to the Value of Forty thousand Pounds Hugh after this Felony you came to the King and caused him to go with Force against the Peers of the Realm and other his Liege People to destroy and disherit them contrary to the Great Charter And also taking upon you Royal Power you Hugh and your Assistants with Force and Arms robbed feloniously the good People of the Realm and by Andrew Harleye and other Traitors your Adherents Murdered the good Earl of Hereford Monsieur William Sullee and Monsieur Roger de Berfelde at Borough-Bridge and caused to be taken my most Honourable Lord Thomas the Good Earl of Lancaster and caused him to be Judged by a false Record against Law Reason and the Great Charter and also to be Murdered Martyred and put to a cruel Death Also in the same March in the French Journey to Borough-Bridge you caused many of my Lords the Earl of Lancaster Barons and Knights to be Drawn and Hanged by false Record against Law and Reason 4 Col. 2548. n. 10 20 30. and caused other Great Men to be put in Prison and Murdered to get their Estates as Roger Mortimer the Nephew and Vnkle Hugh Audeley Father and Son and the Earl of Hereford Hugh after this Destruction of the Nobility you Hugh your Father and Robert Baldock usurping Royal Power over the King led him and his People into Scotland against his Enemies where you Hugh by your Traiterous Conduct caused him to lose 20000 of his People to his great Dishonour and Damage of the Realm and to return without doing any thing Hugh 5 Ibm. n. 40 50 60. this Treason nor this Tyranny would satisfie you until by Royal Power gained over the King you destroyed the Franchises of Holy Church and the Prelates as the Bishops of Hereford Lincoln and Norwich taking their Goods out of their Churches And whereas you knew God had done great Things by my Lord the Earl of Lancaster you caused to be murdered you placed armed Guards and shut the Church-Doors that none should
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
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
f. 403. n. 10. A. D. 1273. He receives the Homage and Service of his Vassals there and went into Aquitan to Receive the Homage and Service of his Vassals there in which he found much difficulty from several that Refused to do their Feudal Duties to him but chiefly from 2 Ibm. n. 20. and Mezer. Fr. Hist f. 315. A. D. 1272 3. The Viscount of Bearn denies his Homage He is forced to do it Gaston Monaco Viscount of Bearn who because a Predecessor or two had done Homage and Sworn Fealty to the King of Aragon and he had been much obliged to Alphonso the Second then King denied his Homage King Edward seised upon his Person and kept him Prisoner among his Retinue from whence making his Escape he was driven out of his Country And upon an Appeal to King Philip as Soveraign Lord of Aquitan or Guyenne in favour of King Edward He compelled Gaston to hold his Lands of him In the Second year of his Reign having settled his Affairs beyond Sea 3 Mat. West f. 467. n. 20. A. D. 1274. The King comes for England he took Ship at Bologn in Picardy and landed in England on the 25th of July At his landing Gilbert Earl of Glocester and John Earl of Warren received him more Honourably then other Nobility conducting him to their Castles of Tonebridge in Kent and Rigate in Surrey where they Treated and Feasted him with great Jollity many days On the 19th of August he and his Queen Elianor were 4 Ibm n 30. He and his Queen Crowned at Westminster Crowned at Westminster by Robert Kilwarby Arch-Bishop of Canterbury Alexander King of Scots and John Duke of Britan being present Toward the middle of October following he issued out 5 Pat. 2 Ed. I. M. 6. He makes inquiry after the Rights of his Crown his Military Tenants and Civil Officers c. whether they had done their Duties Writs of Inquiry by the Oaths of Twelve Legal Men to Two Commissioners in every County to Inquire what his Royalties and the Liberties and Prerogatives of his Crown were who were his Tenants in Capite and Military Service and how many and what Fees they held of him Of his Tenants in Antient Demeasn how they had behaved themselves and in what Condition their Farms were Of Sheriffs Coroners Escheators Bayliffs and their Clerks whether they had Extorted Money from any Man by reason of their Office had Wronged any Man or Received Bribes for Neglecting or being Remiss in their Offices c. The whole Inquiry containing 34 Articles About the beginning of November the King of France sent to the King of England to * Append. n. 6. A. D. 1275. The King summoned as a Peer of France appear in his Parlement to be holden on the Morrow of the Quindene of the Feast of St. Martin in Winter that is November 26. to be at the Tryal of a Case between Robert Duke of Burgundy on the one part and Robert Earl of Nevers and Yobend his Wife on the other part concerning the Dukedom of Burgundy and the Appurtenants Who by reason of his Weighty Affairs in his own Kingdom sent Maurice He sends his Excuse de Credome Otto de Grandison and Roger de Cliff to make his Excuse with his Commission or Letter of Credence dated at Westminster November 11. He was summoned as a Peer or great Vassal of France By his Writ dated at 6 Cl. 3. Ed. I. M 21. Dors A. D. 1275. The Parlement Prorogued before meeting Woodstock the 27th of December following he Prorogues his General Parlement he propounded to have holden 15 days after the Purification to the Morrow of the Octaves of Easter Quia Generale Parliamentum nostrum Quod cum Prelatis Magnatibus Regni proposuimus habere London ad Quindenam Purificationis Beatae Mariae Virginis proximo futur Quibusdam certis de causis prorogavimus usque in Crastinum claus Paschae proxim sequent c. Teste Rege apud Woodstock 27 die Decemb. Directed to Robert Arch-Bishop of Canterbury In which Parlement holden upon the Monday after Easter in the year 1276 he made Excellent Laws both for Church and State and for the Ease and Benefit of both The Preamble whereof here follows 7 Stat. at Large 3 Ed. I. A. D. 1276. Excellent Laws made both for Church and State These be the Acts in French the Establishments of King Edward Son to King Henry made at Westminster at his first Parlement General after his Coronation on the Monday of Easter Vtas in French on the Morrow of the Close of Easter which was the same day the 3d year of his Reign By his Council and by the Assent of Arch-Bishops Bishops Abbats Priors Earls Barons and all the Commonalty of the Realm being thither summoned because our Sovereign Lord the King had great Zeal in the French Will and Desire to Redress the State of the Realm in such things as required Amendment for the common Profit of Holy Church and the Realm and because the State of the Realm so in the French and of Holy Church had been evil kept and the Prelates and Religious People of the Land grieved many ways and the People otherwise Intreated then they ought to be and the Peace less kept and the Laws less used and the Offenders less punished then they ought to be by reason whereof the People of the Land feared the less to offend The King hath Ordained and Established these Acts in the French Things underwritten which he intendeth in the French understandeth to be necessary and profitable for the whole Realm First the King Willeth and Commandeth That the Peace of Holy Church and of the Land be well kept and maintained in With a saving to the King of the Rights of the Crown all Points and that common Right be done to all as well Poor as Rich without Respect of Persons This Statute is called Westminster the First and contains 51 Chapters and the 50th was A 8 In Tottel's Magna Charta 't is Chap. 49. in Mag. Charta Printed 1602 't is Chap. 50. saving to the King of the Rights of his Crown notwithstanding these Grants were made to the Honour of God and Holy Church for the common Good of the People and the Ease of such as were Grieved Thomas Wickes says this Statute was made by the Advice of the Lawyers Jurisperitorum 9 Chronic. 1. 102. Regni sui co-operante Consilio by which he gained the Hearts and Affections of the Plebesans Quo corda plebeiae multitudinis inaestimabili sibi Dilectionis sincertitate conjunxit Toward the latter end of July 1 Ib. f. 103. Gasto de Bearn submits himself Gasto de Bearn before-mentioned was sent to the King by the King of France who submitting himself and giving Security after a short Imprisonment was permitted to go into his own Country About 2 Ib. f. 104. Simon Montfort's Daughter and Prince Lewellin's Mistress made
proceed in this Match the Popes 2 Pat. 17. Ed. I. M. 3. Cedula intus de facto Norwegiae Dispensation was procured they being Cousin Germans to legitimate the Marriage This obtained King Edward writes to Eric King of Norwey 3 Ib. M. 4. Cedula about this Affair assuring him That the Guardians the Great Men Prelates and the whole Community of the Kingdom of Scotland had unanimously consented to it And the King of Norwey 4 Ib. M. 3. 4. A Treaty about that Match wrote to King Edward and sent Commissioners there named to Transact with him That by his Advice and Assistance his Niece might be obeyed as Queen and Heir of Scotland and that she might Govern as Kings do in other Kingdoms Vt ipse apponeret auxilium consilium qualiter praedictae Reginae nepti suae obediretur ut Domina Regina haeres Regni Scotiae quod ipsa inde Ordinare possit pariter Gaudere prout aliis faciunt Reges Regnis 5 Ibm. King Edward wrote also to the Guardians of Scotland to send Commissioners to Treat with those of Norwey about the Emendation Peace and Quiet of that Kingdom and ordering the State of the Queen reformatione Status Reginae who sent them accordingly with whom he joined Commissioners of his own All these Commissioners named in this Instrument met at Salisbury on the 26th of October where and when it was agreed First That the Queen and Heir 6 Ibm. The Articles of that Treaty Regina Haeres should come into England or Scotland before the Feast of All-Saints next coming if she had no reasonable Excuse free from any Contract of Marriage or Espousals for which the Commissioners of Norwey did undertake Secondly That if she came so into England King Edward promised That when Scotland was so secured in Peace and Quiet as she might safely go thither and stay there if the Scots required he would send her thither free from all Contracts of Marriage and Espousals so as the Scots before they should receive her gave good Security to him and the King of Norwey they would not Marry her without their Consents Thirdly The Scots Commissioners likewise promised for themselves and the Nation they would secure it before she came thither 7 Ibm. Quod inibi ut in suum Regnum venire poterit pro suae voluntatis libito Commorari prout ipsius Terrae vera Domina Regina Heares Quodque de premissis omnes securitates praestabunt quae rationabiles fuerint quas dicti Duntii Norwegiae ipsos facere posse dicunt That she might come and remain there at her pleasure as true Lady Queen and Heir and that concerning the Premisses they would give all Rational Security that the Commissioners of Norwey should say they might give Fourthly If any of the Guardians or Officers of Scotland were suspected they should be Removed 8 Ibm. and new ones put in their Places by the Commissioners of Norwey and Scotland and such as the King of England should appoint for that purpose and if the Scots and Norwegians could not agree in this Matter then the English Commissioners were to determine what was to be done and not only in this but in all Matters whatsoever that should happen in settling the State and Reformation of Scotland For the performance of all this it was 9 Ibm. agreed there should be a great Meeting of the English and Scots at and near Rokesburgh at Midlent next following where the Scots were to give Security for the Performance of these things and for the Emendation of Scotland before such as the King of England sent thither 1 Ibm. To this Agreement in Three Parts Two in French for the English and Scots and a Third in Latin for the Commissioners of Norwey The Respective Commissioners set to their Seals and it was Dated at Salisbury on Sunday the Feast of St. Leonard i. e. November 6. 1289. By his Letters 2 Append. n. 9. King Edward writes to the Nobility of Scotland to assist the Guardians dated the same day at Clarendon directed to the Prelates Great Men and the whole Community of Scotland King Edward Requires them to obey and be assisting to the Guardians who were appointed in the Name of his Kinswoman Queen Margaret to Govern that Kingdom This securing Scotland to the Right Heir and making it in so quiet a Condition as it might receive her with safety and providing her an Husband was the ordering of the State of the The meaning of Buchanan's King-Creation Kingdom and King-Creation as Buchanan artificially insinuates in his Republican Expressions For further facilitating of this intended Marriage and that it might proceed with the Assent and Approbation of the Guardians Bishops Abbats Earls Barons and whole Community of Scotland King Edward 3 Pat. 18 Ed. I. M. 8 9. A. D. 1290. confirmed to them certain Articles agreed on by special Commissioners on both Parts The English Commissioners on behalf of the King and his Heirs Granted First That they should Have Vse and Enjoy their Laws Liberties Concessions of King Edward for promoting the Match between his Son and the Heiress of Scotland and Customs they had before Enjoyed Secondly That if Edward and Margaret should die without Heirs the Crown should Revert to the next Heir of the Kingdom Thirdly That the Kingdom of Scotland might remain separated divided and free in it self from the Kingdom of England without subjection by its true Bounds and Limits as it had been before time This was Granted with a saving of the King 's Right before this Treaty Fourthly That the Chapters of Cathedral Collegiate or Conventual Churches might not be compelled to go out of the Kingdom to ask Leave to Elect or Present their Elects or to do Fealty to the King of Scotland nor any Tenents in Capite or other Persons forced out of the Kingdom to do their Homage Fealty and Services or prosecute any Suits or other things which were used to be done there but that they might be done in their usual Places before the Chancellor of Scotland or Vice-Roy Fifthly That the Parlements for what concerned Scotland might be holden within that Kingdom The King was to 4 Ibm. Swear to the Observation of these Things And the Commmissioners promised further That he should oblige himself and Heirs to make Restitution of the Kingdom in the Case aforesaid in 100000 l. Sterl to be paid to the Church of Rome in Aid of the Holy Land and That he should Consent the Pope might constrain him and his Heirs by Excommunicating them and interdicting the Kingdom as well to the Restitution as Payment of the Money if he did not It was lastly 5 Ibm. Agreed and Promised by the English Commissioners That King Edward at his own Charges should procure the Pope to confirm these Articles within a year after the Marriage of Edward and Margaret and that
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
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
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
Tenent of the Land to be adjudged to Prison a year and day for Cheating the King and Court and if the Deceit be found in a Plea of Debt or Trespass upon Attaint the Defendant shall be punished to the King and pay Damages to the Plaintiff 38. Also it was Ordained the great Charter of Franchises and the Charter of the Forest of King Henry the Son of King John should be holden in all Points and if there were any Points doubtful in them they were to be declared next Parlement after this by the Baronage Justices and other Sages of the Law and this was to be done after this manner because it was not in their power for want of time 39. That the Chancellor Treasurer Chief Justices of one Bench and the other Chancellor of the Exchequer Treasurer of the Wardrobe Steward of the Houshold all Justices Sheriffs Escheators Constables Inquirers into any Matter whatsoever it was and all other Bayliffs or Officers of the King should be Sworn when they received their Offices to keep and observe all the Ordinances made by the Prelates Earls and Barons chosen and assigned for that purpose and every one of them without doing any thing to the contrary 40. Also it was Ordained That in every Parlement there should be assigned One Bishop Two Earls and Two Barons to hear and determine all the Complaints of those that would impeach the King's Ministers whosoever they were for doing any thing contrary to these Ordinances and if all the Parties assigned could not attend to hear and determine these Plaints then Three or Two of them might and punish such as should be found to have acted contrary to these Ordinances to the King and to the Complainants according to their Discretions 41. Also they Ordained That the Ordinances abovesaid should be maintained and kept in all their Points and that the King should cause them to be put under his great Seal and sent into every County of England to be published and firmly observed as well within Franchises as without and in like manner the Warden of the Cinque-Ports should be sent to that he should publish them to be kept through his whole Jurisdiction Then follows the King's Confirmation WE these same Ordinances shewed to us and published on Monday The Ordinances confirmed by the King next before the Feast of St. Michael last past do Agree unto Accept Confirm Will and Grant for us and our Heirs That all the said Ordinances and every one of them made according to the Form of our Letters Patents shall be published and hereafter firmly observed and kept In Witness whereof we have caused to be made these our Letters Patents Given at London the 5th day of October in the 5th year of our Reign In the Parlement Roll 't is not entered or any mention made of the Protestation the King made when he confirmed these Ordinances 6 Pat. 6 Ed. II. part a. M. 20. intus Ril Plac. Parl. f. 541. That is to say That if they contained any thing to his Damage or Prejudice or contrary to the Commission granted to the Ordainers Eapro non concessis non confirmatis haberentur those things were not granted or confirmed reserving The King's Protestation that if the Ordinances contained any thing to his damage it should be void to himself in that Protestation Power by good Advice of the Ordainers and others to correct and amend the same as was more fully contained in a Publick Instrument made of this Protestation The Summons to this Parlement wherein these Ordinances were confirmed were Dated at 7 Cl. 4 Ed II. M. 1. Dors A Parlement summoned to confirm these Ordinances Berwick upon Twede the 16th day of June in the 4th of Ed. II. for it to meet the Sunday before St. Laurence or the 10th of August which was in the 5th year of his Reign at London In the mean time there 8 Cl. 5 Ed. II. M. 31. Dors A Quarrel between two Barons happened divers Debates and a Quarrel between Two Barons Nich. de Segrave and William Marshall who took Arms on both sides and engaged their Friends and Confederates so to do intending to come to this Parliament with a Multitude of Armed Men 9 Ibm. They intend to come to the Parlement with a number of Armed Men on either side The King forbids them The King taking notice it would be in Contempt of him the Hindering of the Dispatch of Business to the Terror of the People and Disturbance of the Peace sent his Prohibition to them Commanding them upon their Faith and Homage and forfeiture of their Lands and Tenements and all they could forfeit they should not come to the Parlement so Armed or in any other manner than they and others use to come in the time of his Father Witness the King at Berwick upon Twede July 20th After the Articles had been confirmed several of the Prelates Earls and Barons thought it had been a long Session and made it their 1 Cl. 5 Ed II. M. 25. Dors The Continuation or Prorogation of this Parlement Request to the King they might retire into their own Countries by whose Advice or Assent he continued the Parlement unto the Friday next after the Feast of All-Saints at Westminster Parliamentum illud usque in diem Veneris proximum post festum omnium sanctorum celebrandum duximus continuandum and gave Leave to some of the Prelates Earls and Barons in the mean time to go home Et quibusdam de Praelatis Comitibus Baronibus licentiam concessimus se interim ad propria divertendi commanding 2 Ibm. them to be at the time and place aforesaid and further commanding the Arch-Bishop of Canterbury That he should give notice to the Deans and Priors of 3 Ibm. Cathedral Churches also the Abbots and Arch-Deacons in their own Persons and the Clergy of the whole Province by their Proctors to be in that Parlement 8 days after St. Martin Witness the King at London the 8th day of October But this short time as he thought for the Summons of his Clergy 4 Ibm. pleased not the Arch-Bishop and therefore the King if there might be any Words in that Writ 5 Ibm. prejudicial to him and his Church promised they should be amended in Parlement and gave him Leave to Direct his Clergy to be at the Parlement Fifteen days or Three weeks after St. Martin according to his Discretion Witness the King at Eltham the 24th day of October The Arch-Bishop without doubt took the longest time and accordingly others of the Prelates Earls and Barons delayed their coming until the Clergy should meet unless there were a further continuance of the Parlement which I find not for on the 28th of November the King issued his 6 Cl. 5 Ed. II. M. 22. Dors The great Earls intended to come to Parlement with Horse and Arms. The King Commands them not to come in such manner Writs to Gilbert of
Clare Earl of Glocester and Hertford Thomas Earl of Lancaster Humfrid de Bohun Earl of Hereford and Essex Adomar de Valencia Earl of Pembroke Guy Beauchamp Earl of Warwick and Edmund Earl of Arundel 7 to signifie to them he was informed they were coming to his present Parlement which was continued at Westminster with Horse and Arms after an undue manner which would hinder the Dispatch of Business in Parlement which concerned him and the State of the Kingdom affright the People and disturb his Peace wherefore he Commanded them upon their Faith and Homage not to come in such manner but only as they used to come in his Father's time without Horse and Arms nor should attempt any other thing that might disturb the Peace By reason of the Solemnity of Christmas this Parlement was The Parlement Dissolved Another Parlement summoned Dissolved and much Business was left undispatched and therefore there was another Parlement summoned to meet concerning that Business at 7 Ib. M. 17. Dors Which never met Westminster on the first Sunday in Lent Witness the King at Westminster the 19th of December This Parlement never met the Sheriffs in all Counties had 8 Ibm. M. 15. Dors Command to make Proclamation That the Knights Citizens and Burgesses or others should not come at the time and to the place appointed because the King could not be there without any continuation of their meeting at other time and place Witness the King at York the 20th day of January Piers Gaveston quitted the Nation according to the 20th Article Piers Gaveston quitted the Nation according to the Ordinances of the Ordinances but long he stayed not beyond the Seas for on the 18th of January we find him in England with the King at York and recalled by him 9 Append. n. 53. Was recalled by the King as having been Banished contrary to the Laws and Vsages of the Kingdom which he was bound to maintain by the Oath he made at his Coronation and he farther wrote to the Sheriff of Yorkshire and all Sheriffs in England That seeing he had in the Instrument of Exile no other Appellations but of good and Loyal he returned at his Commandment and was ready to stand to Right before him and answer to all such as would accuse him every thing that should be objected against him according to the Laws and Vsages aforesaid Wherefore he should always esteem him good and Loyal and commanded them to repute him so and publish this Matter through their whole Counties Given at York the 18th day of January And 1 Cl. 5 Ed. II. M. 15. Dors two days after writes to the Sheriffs of those Counties where he had Lands to restore them with the Profits they had received since they had seized them into his Hands The Lords neglected not this opportunity offered them by this The Lords make advantage of the recalling Piers Gaveston Indulgence of the King Declaring the Laws and Customes of the Kingdom were not observed nor the late made Ordinances regarded The King to obviate the Effects of such Reports issued a Declaration The K. issues a Proclamation and Declaration to satiâ—fiâ— them and others which he commanded and firmly injoined the Sheriffs of all Counties to proclaim in full County in all Cities Burghs and Mercate Towns and other Places they should think expedient That it 2 was his great Care and chief Desire his Peace should every where be observed and that all the Laws and Customs of the Kingdom used and approved in the time of his Progenitors and also all the Ordinances lately made to the Honour of God and Holy Church and his own to the profit of him and the People which were not to the Damage or Prejudice of him or his Crown or contrary to the Laws and Customs abovesaid should be maintained and kept Witness the King at York the 26th of January And not long after fearing Disturbance from the Lords he wrote * Pat. 5 Ed. 2. Part 2. M. 22. The K. writes to the Mayor of London c. to secute the City c. to the Mayor Aldermen and Common Council of London to secure the City so as by the Meetings of the Prelates Earls Barons or any others there might happen no Hurt or Danger to him or the City Witness the King at York the 8th of February This Declaration and Order availed not and therefore the The Declaration avails not King as he said resolved to Preserve the Rights of his Crown and Dignity Royal the Peace and Tranquillity of Holy Church and the whole People committed to his Charge in all things And to this Purpose 3 Claus 5 Ed. 2. M. 13. Dors wrote to all Sheriffs the nearest to the Place where he was to signifie his Pleasure to all People as soon as might be lest by contrary Reports it might be suspected he would not do it and commanded them to make Proclamation thereof by themselves and Deputies once a Week in all Cities Burghs Mercat-Towns and other Places in their Counties and that his Intention might be more plainly known he directed That the Sheriffs should come to him and every one bring with him a Person of Credit whom he could Trust to hear what he should further say to them that they might publish it to the People as he should then openly Enjoin them Witness the King at York the 24th Day of February This way also proving ineffectual he intended to proceed amicably with the dissatisfied Bishops and Barons and according to the Power reserved in the Protestation he made when he confirmed the Ordinances he appointed 4 Append. N. 55. A. D. 1311. 5 Ed. 2. The King appoints Commissioners to Treat with the Ordainers about correcting the Ordinances according to his Protestation Commissioners the Bishop of Norwich Guy Terre John de Crumbewell Hugh de Audeley William Deyncourt Henry Spigurnell Henry le Scroop Knights the two last Justices and Thomas de Cobham Robert de Pikering Walter de Thorp Gilbert de Middleton John Fraunceys and Andrew Briggs Clercs or as many of them as could be present to Treat with the Prelates Earls and Barons who made the Ordinances upon which were grounded all the Pretences of Discontent and Quarrelling with the King to Correct and Reform by their good Advice all such Things in them as were Prejudicial and Injurious to him or contrary to the Form of the Commission granted to them if any such were Witness the King at York the 8th Day of March Those Prelates Earls and Barons were then at 5 Pat. 6 Ed. 2. Part 1. M. 20. intus Ry-Plac Parl. f. 541. London and excusing themselves for Treating concerning the Ordinances in the absence of the King sent him this Answer 6 Ibm. The Ordainers at present decline a Treaty with the King's Commissioners in his absence That in his presence whenever he pleased to call them together they would Treat upon the Ordinances and
Castle It being then doubtful what to do with him whether they should carry him to the King or put him to Death a certain 3 Ibm. Cunning Man and of great Advice answered Quidem vir astutus profundi Consilii respondit That it was to no purpose having been at such Charge and Trouble to take him to hazard the losing of him or to seek him again 4 Ibm. N. 50. adding That it were much better that he should suffer Death then a War should be raised in the Kingdom when all assenting to this Advice they took him out of Prison and carried him to an Ascent or Hill about a Mile North-East of Warwick called The Lords put Piers Gaveston to Death without Judgment Black-Low and there cut off his Head on the 5 Knighton Col. 2533. lin 5. day of Gervaise and Protasius the Martyrs or 19th of June Sir William Dugdale 6 Baronage Tom. 2. f. 44 Col. 1. from the MSS. K. 84. 96. b. in the Bodleian Library reports the Earls of Lancaster Hereford and Arundel being at this Consultation Thus Walsingham But Part of this Story is otherwise upon Record The King 7 Append. N. 56. A. D. 1312. wrote to John de Moubray Guardian of the County and City of York That Henry de Percy late by his Writing or Instrument before him in his Presence upon Forfeiture of Life and Limb Lands and Tenements and all he could forfeit undertook to preserve and keep safe from Damage Peter de Gaveston Piers Gaveston not truly dealt with upon his Surrender then Earl of Cornwall for a certain time according to certain Terms and Conditions upon which he render'd himself to the said Henry and others without the Castle of Scardeburgh and that the same Henry after the said Peter had been Killed before the Time and contrary to the Terms and Conditions aforesaid came not to him but withdrew himself by which he made himself suspected and therefore commanded him to take him without Delay and bring him to him wherever he was Witness the King at London the 31st Day of July in the 6th of his Reign The 8 Walsing F. 101. N. 50. f. 102. l. 1. c. The Lords demanded the Confirmation and Execution of the Ordinances Great Men having obtained their Purpose against Gaveston sent to the King proudly Demanding Proterve Postulantes their Ordinances to be Confirmed and put in Execution Threatning That if it was not done speedily they would come and force him to do it 9 Ibm. and forthwith they united their Forces and Quartered themselves in the Country about Dunstable he being then 1 Ibm. at London Upon this Occasion undoubtedly it was as also upon occasion of an Answer to the like Message about Five Months before as above related that the King sent 2 Append. N. 57. The K. sent to the Chief Ordainers to come to his Presence and treat about reforming the Ordinances John de Benstede one of his Justices to the Earls of Lancaster Hereford and Warwick who were at the making of those Ordinances to be with him at London or Westminster on the Sunday next after St. Bartholomew to Treat in his Presence about Correcting and Reforming the Ordinances if any thing should be found in them Injurious or Prejudicial to him and that he should enjoin them by their Faith and Homage that they should not come with Horse and Arms. Witness the King the 4th of August at Canterbury Notwithstanding this Notice and Inhibition they came not but marched about the Country with Horse and Arms Encouraging They came not but marched about the Country the People to join with them and therefore the King enjoined 3 Append. N. 58. Encouraging the People to join with them certain Commissioners reciting the most Material Part of his Precept as above to John de Benstede And seeing they had not come to him as then Ordered and Enjoined or sent any one to answer for them and understanding the said Earls with Horse and Arms and a great Multitude of Armed Men to be coming toward him to the great Terror of the People he assigned the same Comissioners to forbid the Earls and every one The K. forbids the Earls to come near him with Horse and Arms. of them by the Faith and Homage they ought him That they should not with Horse and Arms come nearer to him and if the Earls would not obey the Prohibition then to forbid all and every one coming with them to proceed further under the same Forfeiture Witness the King at Westminster the Third Day of September The Bishops with the Earl of Glocester perceiving this 4 Walsingh F. 102. N. 10. Dissention would be dangerous to the Church and Kingdom used all their Endeavours for a Peace 5 Ibm. They met at St. Albans with the Pope's Nuncios sent by him as Mediators between the King and Lords These Nuncios 6 Ibm. Walsingham's false Report of the Treaty between the K and Barons says Walsingham sent certain Clerks from St. Albans to Whethemsted three or four Miles distant where the Barons then lay with their Army with the Pope's Letters persuading them to Peace and that they would not receive them saying They were not Learned but bred up to Arms and therefore cared not to see them Then the Messengers desired to know if they would speak with the Nuncios who would willingly come to them to Propound and Discourse with them about a Project of Peace This says the Historian they utterly refused sending for Answer That there were many learned Bishops in the Kingdom whose Advice they would take and not the Advice of Strangers who knew nothing of the Cause of Dissention 7 Ibm. n. 20. The Nuncios affrighted at this Return Early in the Morning made haste to London after they had been at St. Albans above a Month and that then the Bishops and Earl of Glocester by great Industry made the Peace But this cannot be true for the Record of the Articles of Peace is in this Form Ceo est le 8 Claus 6. E. 2. M. 8. Dors Riley's Placit Parl. f. 538. A. D. 1312. The Treaty of Peace between the K. and Barons Tretiz de la Pees c. This is the Treaty of Peace upon certain Displeasures the King hath conceived against the Earls of Lancaster Hereford and Warwick and other Barons and Great Men of his Realm made and accorded before the Honorable Father Monsieur Ernald by the Grace of GOD by the Title of St. Prisca Priest-Cardinal Monsieur Arnold Bishop of Poicters sent into England by our Holy Father the Pope Monsieur * King Philips Son and Brother to Queen Isabel Lewis of France Earl of Eureux the Earls of Glocester and Richmond By the Earl of Hereford Monsieur Robert de Clifford and Monsieur John Botetorte sent to London with sufficient power to Do Treat and Agree on the Part
2. A. D. 1317. Two Cardinals sent to make Peace between Engl. and Scotland Cardinals into England Ganselin by the Title of the Saints Marcellin and Peter Priest Cardinal and Lucas by the Title of St. Mary in the Broad-way Deacon Cardinal 9 to make Peace between the Two Kingdoms of England and Scotland and reconcile the Earl of Lancaster to the King 1 c. 59 4. D. 50 and the King and E. or Lanc. Sir Tho. de la Moor says they were made Friends in a Plain near Leicester and that they embraced and kissed each other 2 f. 110. n. 20. Walsingham says Peace was made between them upon certain Conditions and that not long after the King unjustly brake them They 3 Wals f. 109. n. 50. f. 111. n. 40. d la Moor ut supra They Excommunicate Rob. Brus and put Scotland under Interdict both say these Cardinals brought with them the Pope's Bulls by which they Excommunicated Robert Brus and put the Kingdom of Scotland under Interdict for their Defection from and Disobedience to the King of England unless he and they submited to him This Year 4 Ibm. de la Moor says Robert Brus manfully and by force took Berwick killing none that would yield 5 f. 111. n 50. A. D. 1318. Walsingham reports it was betrayed by the Governour Peter Spalding and sold to the Scots to the great Disturbance of the King Neither King nor Kingdom of Scotland valued much this Excommunication Neither Rob. Brus nor the Kingdom of Scotland valued the Excommunication or Interdict and Interdict or at least Robert Brus's Friends or those of his Party never considered or regarded it for in the 11th of this King the Year following he summoned a Parlement to meet on the morrow of Holy Trinity at Lincoln 6 Rot. Claus 11 Ed. II. M. 3. Dors The Scots invade England which he revoked for this reason That his Enemies and Rebels the Scots had invaded England and come into Yorkshire commiting many Murders Plundering Wasting and Burning the Country so as he resolved suddenly to march against them with an Army to restrain their Incursions and bring them to a Submission and therefore the Parlement not to meet According to this Resolution in Autumn this year 7 De la Moor f. 595. l. 1 c. The King besieged Berwick the King marched with a great Army to besiege Berwick the Scots on the other side of the Country invaded England spoiling wasting and burning as far as York 8 Ibm. and Walsingh Hist f. 112. n. 20 30. A Truce with the Scots for Two years which caused the King to raise the Siege of Berwick and consented to a Truce for Two years In the Twelfth of this King the Earl of Lancaster Governed and Directed all things 9 Append. n. 61. To him certain Prelates Earls and Barons by the Will of the King and Assent of many Great Men of the Realm and others of the King's Council being then at Northampton went to Discourse and Treat about the Honour and Profit of the King and Realm and it was agreed between them That Bishops Earls and Barons should remain with him to Advise him in such Matters as concerned him until his next Parlement and concerning this and other Matters an Indenture was made in the Form following This 1 Ibm. The Indenture of Agreement between the King the Earl of Lancaster and other Great Men. Indenture Witnesseth That the Honourable Fathers the Arch-Bishop of Dublin the Bishops of Ely Norwich and Chichester the Earls of Pembroke and Arundel Monsieur Roger de Mortimer Monsieur John Somery Sir Bartholomew de Badlesmere Monsieur Ralph Basset and Monsieur John Botetourt by the Will and Assent of the King have Discoursed with the Earl of Lancaster concerning the things touching the Profit of himself and the Realm in the Form following To wit That the Bishops of Norwich Chichester Ely Salisbury St. Davids Carlisle Hereford and Worcester the Earls of Pembroke Richmond Hereford and Arundel Sir Hugh de Courteny Sir Roger de Mortimer Sir John de Segrave Sir John de Grey and one of the Banerets of the Earl of Lancaster which he shall Name should remain with the King for one quarter of a year until the next Parlement and that Two Bishops One Earl One Baron and One Baneret of the Earl of Lancaster's at least should always be with him and that all considerable Matters that might or ought to be done out of Parlement should be done by their Assent otherwise to be void and amended in Parlement by the Award of the Peers and such as should remain with the King Quarterly shall be chosen and assigned out of them and others in Parlement to Act and Advise the King as aforesaid And the abovesaid Prelates Earls and Barons by the Will and Assent of the King undertook That he should Release and Acquit the Earl of Lancaster ses gentz ses meignees his People Followers or Retinue or as now those of his Party of all manner of Felonies and Trespasses against the Peace until the day of St. James this year and that the Charters of Release and Acquittance should be plain and absolute without Condition and if better Security for them might be found at the next Parlement they should have it and there Confirmed by the King and his Baronage And the Earl of Lancaster granted That he would make Releases and Acquittances to all those that on behalf of the King should demand them of Trespasses done to his Person as soon as the things aforesaid should be Confirmed nor that he would bring Suit of Felony against any one from the time they had his Letters saving to him all Plaints Actions and Suits which he had against the Earl of Warren and all those that were assenting and aiding to the Felonies and Trespasses which the Earl had committed against him against the King's Peace And that the Ordinances be kept and observed as they are under the King 's Great Seal And that these things abovesaid should be performed and kept in all Points The Honourable Fathers in God the Arch-Bishops of Canterbury and Dublin the Bishops of Norwich Ely Chichester Salisbury Chester or Litchfield Hereford and Worcester the Earls Marshal Edmond his Brother the Earls of Richmond Hereford Ulster Arondel and Anegos Sir Roger de Mortimer Sir John de Somery Sir John de Hastings Sir John de Segrave Sir Henry de Beaumont Sir Hugh le Dispenser le fuiz Sir John de Grey Sir Richard de Grey Sir Bartholomew de Badlesmere Sir Robert de Mohant Sir Ralph Bassel Sir Walter de Norwich have undertaken by the Will and Assent of the King In Witness whereof the Prelates Earls and Barons aforesaid have put their Seals to one part of this Indenture and the Earl of Lancaster hath put his Seal to the other Written at Leek whether in Staffordshire Warwickshire or Yorkshire it appears not the 9th day of
of April next following the King 6 Rot. Rom. 19 Ed. II. M. 3. He writes to the Pope about the Affair of his Queen wrote to the Pope and sent him a Transcript of what had passed between himself the King of France his Sister the Queen and his Son by way of Narrative and the Copies of the Letters he wrote them with his Answers to what was reported of him in France heartily beseeching him to read and consider them and apply such Remedy for the removing the Matter of Scandal and Dissention and the Dangers that might proceed from thence as he should think fit promising wholly to be directed by his Advice Given at Knelworth the 15th day of April All these Letters all these Mediators could not bring her into Neither Letters nor Mediators could bring the Queen into England until her Design was ripe England until her Design was Ripe and that she could come with Force yet in all probability they caused her either to quit or be thrust out of France Tho some of our Historians and the French Historian 7 Fol. 3â—â— 352. The Historians Account of the Transactions between the King and Queen at this time Mezeray who understood nothing of this Story as appears by his Writing and all from Froysard Report That by the Arts of the Spencers and the Money given to her Brother Charles the Fourth of France and scattered in his Court and to the Pope himself and distributed in his Court that made them their Friends so that her Brother forbad all Persons to assist her and commanded her to go out of his Dominions Take the Original from 8 F. 1. a. col 1. in the Prologue to the First Volume Printed at London 1520. Especially at Froysard Froysart who says he wrote his Chronicle from the Chronicles of Sir John la Bele Canon of St. Lambert's of Liege an Intimate and of the Secret Council of John of Haynault The Barons 9 could not bear or suffer Hugh Spenser's favour with the King any longer but sought each other amongst themselves 9 Ib. f. 3. a. col 1. c. 8. to be of a Peaceable Accord and sent secretly to the Queen who had been at Paris three years which was false by two parts of the time signifying to her if she could come into England with One thousand Men at Arms and bring her Son and Heir with her they would all come to her and her Son Edward She shewed these Letters to the King of France who promised such Assistance and to furnish her with Money She was providing for her Voyage of which Hugh Spencer had notice The King of France corrupted with Money who contrived with Gifts to Buy off the King of France and sent secret Messengers with plenty of Gold Silver and Jewels into France and especially to the King and his Privy Council insomuch as the King forbad under pain of Banishment That none of his Subjects should assist the Queen to go into England by force and further Hugh 1 Ib. col 2. Spencer out of his Malice to the Queen to get her under the King's Power and his caused the King to write to the Pope That he would write to the King of France to send his Wife again into England for he would acquit himself to God and the World that it was not his fault that she departed from him for he would nothing to her but all Love and good Faith such as he ought to hold in Marriage Also he sent 2 Ibm. The Pope and Cardinals corrupted with Gold and Silver Gold and Silver great plenty to divers Cardinals and Prelates who had most power with the Pope who lead the Pope by such-wise with their Gifts and subtle ways that he wrote to the King of France That on pain of Cursing he should send his Sister Isabel into England to the King her Husband These Letters were brought to the King of France by the Bishop of Xaints when he had read them they were shewed to the Queen his Sister and then commanded her speedily to avoid his Kingdom or he would make her to avoid it with shame By this means 3 Ib. cap. 9. Robert of Artois his Advice to the Queen all the Barons of France were withdrawn from the Queen except Robert of Artois her Dear Cousin who privately advised and encouraged her and gave her secret notice That her 4 Ib. f. 3. b. col 1. Brother would deliver her her Son and the Earl of Kent King Edward's Brother and Sir Roger Mortimer She goes out of France to William Earl of Haynault to the King and Hugh Spencer and advised her to go into the Empire to William Earl of Haynault and Sir John of Haynault his Brother The Earl received her with Joy at Valenciennes and 5 Ib. fol. 4. col 1. He received her kindly and brings forth his four Daughters The Prince likes Philip best brought forth his four Daughters Margaret Philip Jane and Isabell the Prince liked Philip best and she kept him Company during his stay there Walsingham 6 Fol. 123. lin 1 c. tells us that the King as 't was reported prout dicitur had procured the Death of his Wife and Son Edward and that John of Britania Earl of Richmond her Familiar was to have been the Executioner but that perceiving the Noblemen of France to have been corrupted by large Gifts and that there was no safety to be expected there she fled privately with her Son and Family or Followers to the Earl of Haynault of whom they were Honourably and Magnificently received Whether she was commanded by her Brother or fled privately out of France certain it is she 7 Ib. n. 20. And was contracted to her went to the Earl of Hanault and having Contracted her Son to his Daughter Philip 8 Fol. 598. n. 10. Sir Thomas de la Moor says Married him to her without the Advice of the Nobility by his Assistance who provided Men and Ships 9 Walsingh at supra The Earl of Haynault furnisheth the Queen with Ships and Forces to come for England she came for England with her Son then not Fourteen years of Age Edmond Earl of Kent the King's Brother Roger Mortimer and many others who were forced or fled out of England and with 2757 Men at Arms commanded by John of Hanault the Earl's Brother and landed at 1 Ibm. Anglia sacra parte prima f. 366. She lands at Harwich Harwich on Wednesday before Michaelmas-day where she was joined by the Earl 3 Walsing Ib. n. 30. Several Bishops Earls and Barons join with her Marshal the Earl of Leicester and other Barons and Knights cum Praelatis fere omnibus with almost all the Prelates but chiefly with the Bishops of Lincoln Hereford Dublin and Ely who together made her up a great Army 4 Ibm. which being refreshed at St. Edmunds-Bury she went forward to seek out her own and the Kingdom
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
Knighton col 2549. n. 50 60. sent to the King then Prisoner in Kenelworth-Castle Three Bishop's Two Earls Two Barons Two Abbots and Two Justices amongst whom was Sir William Trussell before noted Proxy to the whole Parlement to Resign their Homage and Fealty to the King which he did in this manner 8 Append. n. 73. Homage and Fealty resigned to K. Edw. I William Trussel Procurator of the Prelates Earls and Barons and other People in my Procuracy named having for this full and sufficient Power do Resign and Deliver up to you Edward King of England as to the King before this Hour the Homage and Fealty of the Persons in my Procuracy named and do Return them upon you Edward and make Quit or Free the Persons aforesaid in the best manner that Law and Custom may do it And do make Protestation in the Name of those that will not for the future be in your Fealty or Allegiance nor claim to hold any thing of you as King but shall hold you as a Private Person without any manner of Royal Dignity Sir Thomas de la Moor 9 f. 600. n. 40 50. tells us who the Three Bishops were John Straifort Bishop of Winchester Adam de Torleton Bishop of Hereford and Henry Burwash Bishop of Lincoln Three Principal Companions The Bishops of Lincoln and Winchester circumvent the King by Promises and Threats in transacting this Affair The Bishops of Winchester and Lincoln came before the rest to the King who with his Keeper the Earl of Lancaster persuaded him to resign his Crown to his Son and circumvented the King promising him as much Honour after his Resignation as before and on the other hand threatned him if he would not the People should yield up their Homage and Fealty and repudiate his Sons and Choose one not of Royal Blood With these and other importune Promises and Threats they obtained their Desires And then the Bishop of Hereford 1 Ib. f. 601. lin 4. c. brought in all the other Commissioners sent by the Parlement into the King's Chamber where the whole Matter they came for was dispatched not without great Grief and Reluctancy from the King Walsingham 2 f. 126. n. 20 30. reports all the Nobility met at London on the morrow of or day after twelfth-Twelfth-day in Parlement and Judged the King Vnfit to Rule and for several Reasons to be Deposed and his Son Prince Edward to be chosen King Of which when the Queen had notice 3 Ibm. The Queen outwardly sorrowful she was full of Grief outwardly ut foris apparuit But the Prince affected with this outward Passion of his Mother would not accept the Title against his Father's Will and Consent Et 4 Ibm. n. 40 50. The Prince unwilling to receive the Crown juravit quod invito Patre nunquam susciperet Coronam Regni The King when he received this News by the Commissioners was much disturbed and said since it could be no otherwise he thanked them for choosing his First Born Son making his Resignation and delivering up the Royal Ensigns and Tokens of Sovereignty The Commissioners returning to the Parlement at K. Ed. resigns London with the King's Answer and the Royal Ensigns made the Rabble 5 Ibm. His Son made King rejoice and presently the whole Community of the Kingdom admitted Edward a Youth of Fourteen Years of Age to be their King on the 20th Day of January which they would have to be the First Day of his Reign And from that time he acted as King before his Coronation as may appear by the 6 Claus 1 Ed. III. Part. 1. M. 28. Append. n. 74. Writ to all the Sheriffs of England to proclaim his Peace The King to the Sheriff of Yorkshire Greeting Because Edward Note this Writ late King of England our Father by Common Council and Assent of the Prelates Earls Barons and other Great Men and also of the Communities of the said Kingdom of his own Free Will removed himself from the Government of the said Kingdom Willing and Granting That we as his First-Born and Heir of the Kingdom should take upon us the Rule and Government And we yielding to the Good Pleasure of our Father by the Counsel and Advisement of the Prelates Earls Barons Great Men and Communities aforesaid have taken upon us the Government of the said Kingdom and received the Homages and Fealties of the said Prelates and Great Men according to Custom Therefore desiring our Peace for the Quiet and Tranquillity of our People to be inviolably observed we Command That presently after sight of these Presents you cause our Peace publickly to be proclaimed through your whole Bailiwic forbidding all and singular under the pain of Disinheriting and losing Life and Member That they presume not to infringe or violate our Peace but that all Men do prosecute their Suits and Actions without violence according to the Laws and Customs of the Land c. Witness the King at Westminster the 29th of January On the First of February being Sunday he was Crowned In the time between his being declared King and his Coronation the Londoners fearing themselves for their Cruelty against the Bishop of Excester to palliate their Wickedness 7 Hist Sacr. f. 367. vol. 1. The Londoners sorce the Bishops to swear to maintain and desend all the Rights Liâ—e ries of the City interim Londinenses sibi metuentes de crudelitate Patrata in Episcopum Exoniensem ad palliandum iniquitatem eorum c. forced the Arch-Bishops of Canterbury York and Dublin and the other Bishops which came to the Parlement to come to their Guild-Hall where all the Bishops except the Arch-Bishop of York the Bishops of London and Carlisle Sware to maintain and defend the Rights and Liberties of the City in the presence of the Earl of Kent and an immense Multitude who came to see the Silliness of the Bishops how they Sacrificed to Mahomet 8 Ibm. In presentia Comitis Cantiae multitudinis immensae qui ad videndum fatuitatem Episcoporum quo modo Mahumeto Sacrificabant confluxerunt The Bishop of Rochester protested The Bishop of Rochester's Protestation before a Publick Notary and Witnesses especially called That it was not his Intention to Swear but saving his Order and saving all Things contained in Magna Charta The King was all this time 9 De la Moor f. 601 602 603. The Nation begins to be sensible of the King's Condition Prisoner in Kenelworth-Castle not knowing what further they were doing The Nation observing what had been done seeing the Queen engaged and the Prince carried along with them not then perhaps suspecting or in the least understanding the Designs of the Heads and Privado's of the Faction began to be sensible of the King's Condition and to consider the Pretences of his Enemies and to think how they might be kind to him and prevent further Mischief His Keeper the Earl
and of their Wives The Citizens Burgesses and Tenents of the ancient Demeasns of the Crown granted a Fifteenth part of their Moveables as also did the Clergy In his Second year at a Parlement holden at Westminster a Claus 3 Ed. II. M. 23. in Ced Month after Easter the Laity granted a Twenty fifth of their Moveables In the Seventh year in his Parlement at Westminster the Earls In Rot. Comp. ut supra Barons Knights Freemen and the Communities of Counties gave a Twentieth part of their Goods and the Citizens and Burgesses and Communities of Cities and Burghs gave a Fifteenth In his Eighth year he had a Twentieth part of the Moveables of Rot. Pat. 8 Ed. II. M. 12. Dors Part 2. the Laity granted by the Communities of Counties of the Kingdom per Communitates Comitatuum Regni in Parlement In his Ninth year he had granted a Fifteenth of Citizens Burgesses Rot. Parlem 9 Ed. II. n. 2. and Tenents in ancient Demeasns for his War with the Scots in the Parlement held at Lincoln the Community of the Kingdom or the Military Men being summoned to do their Service then In the Fifteenth year of his Reign the King * Rot. Claus 15 Ed. II. M. 16. Dors summoned a Parlement to meet at York three weeks after Easter and after the end of this Parlement and after the 7th of July next following he directed his Writs to the Prelates and Clergy to meet at a Provincial Council at Lincoln which the Arch-Bishop of Canterbury was immediately to summon to Treat of a Competent Ayd to be granted to him toward his Expedition against the Scots who had invaded England in which Writs as it were for a Direction he * Rot. Claus 16 Ed. II. M. 20. Dors recites what the Earls Barons Noblemen and the Communities of the Kingdom had done in the Parlement at York viz. That they had granted him a Tenth of the Goods of the Community of the Kingdom and a Sixth part of the Goods of Citizens Burgesses and Tenents of ancient Demeasns * Ibm. Praelati Comites Barones proceres necnon Communitates Dicti Regni apud Eborum ad tractandum super dictis negotiis aliis nos statum dicti Regni tangentibus nuper Convocati decimam de Bonis de Communitate ejusdem regni sextam de Civitatibus Burgis Antiquis Dominicis nostris nobis liberaliter concesserunt gratanter The Issue of Edward II. by Isabell Daughter of Philip the Fair King of France ON the Day of St. Brice or 13th of November his Eldest A. D. 1312. Ed. II. 12. Walsingh Hist f. 102. n. 30. Son Eoward who succeeded him by the Name of Edward the Third was born at Windsor In the year 1315 his Second Son John was born at Eltham Ibm. Hypodig Neutr f. 502. n. 30 40. from whence his Title on the Assumption of the Virgin Mary in the Eighth of his Father's Reign he was Created Earl of Cornwall and after several Matches propounded for him died unmarried about the 20th year of his Age. Joan his Eldest Daughter Married to David King of Scots Sandford Genealog Hist c. f. 155. when both Children and after being his Wife 28 years died without Issue Eleanor Dutchess of Gueldres his Second Daughter she Married Ibm. Reynald Second Earl of Gueldres who was Created Duke of Gueldres by the Emperor Lewis of Bavaria by her he had Two Sons Reynald and Edward who were both Dukes successively after him and died without Issue A CONTINUATION Of the Compleat History of England c. King EDWARD the Third THis Young Man at the Age of Fourteen Years being placed in the Throne of his Father then living and in Prison as hath been related in the latter end of the The young King managed by the Queen Mortimer c. The Adherents to Tho. Earl of Lancaster petition former Reign was with all the Affairs of the Nation managed by the Queen with the Advice of Roger Mortimer chiefly and other Privado's in their Designs who had been all Favourers and Abettors of the Cause and Quarrel of Thomas Earl of Lancaster whose Adherents being all Friends to and Assistants in this Revolution on the 3d of 1 Append. n. 82. to be restored to their Lands c. They were all Friends to and Assistants in this Revolution February two Days after the Coronation Petitioned the King and his Council in that Parlement which had Deposed his Father then Sitting at Westminster That being of the Quarrel of the Noble Earl of Lancaster estetent de la Querele le Noble Counte de Lancastre and therefore wrongfully Imprisoned Banished Disherited might be Restored to their Estates with the Issues of them from the time they had been wrongfully diseised And it was granted by the Assent of the whole Parlement That all the Lands and Tenements which had been seized by reason of that Quarrel or Contention which was affirmed to be good by the whole Parlement ia quele Querele par tot le Parsement est afferme bone as well in Ireland and Wales as in England should be Restored with their Issues and Arrears of Rent except those that had been Received to the King's Use On the same Day 2 Stat. at Large 1 Ed. III. The first thing printed f. 77. All that came over with the Queen her Son pardoned and those that joined them after their arrival all those that came over with the Queen and her Son and those that joined with them after their arrival were also pardoned c. The long Preamble to that Pardon Statute or Grant is worth notice as containing the Cover Pretences and Suggestions of all the Contrinances and Designs against Edward the Second in these Words Whereas Hugh Spenser the Father and Hugh Spenser the Son late at the Suit of Thomas Thun Earl of Lancaster and Leicester and Steward of England by the Common Assent and Award of the Peers and Commons of the Realm and by the Assent of King Edward Father to our Sovereign Lord the King that now is as Traitors and Enemies of the King and his Realm were Exiled Disherited and Banished out of the Relams for ever and afterwards the same Hugh and Hugh by Evil Counsel which the King had taken of them without the Assent of the Peers and Commons of the Realm came again into the Realm and they with others procured the said King to pursue the said Earl of Lancaster and other Great Men and People of this Realm in which Pursuit the said Earl of Lancaster and other Great Men and People of this Realm were willingly Dead and Disherited and some Outlawed Banished and Disherited and some Disherited and Imprisoned and some Ransomed and Disherited and after such Mischief the said Hugh and Hugh Master Robert Baldock and Edmond late Earl of Arundel usurped to them the Royal Power so that the King nothing did or would do but as the said Hugh and
Hugh Robert and Edmond Earl of Arundel did counsel him were it never so great Wrong During which Vsurpation by Duresse and Force against the Will of the Commons they purchased Lands as well by Fines levied in the Court of the said King Edward as otherwise And whereas after the death of the said Earl of Lancaster and of other Great Men our Sovereign Lord the King that now is and Dame Isabel Queen of England his Mother by the King's Will and Common Counsel of the Realm went over into France to Treat a Peace between the Two Realms of England and France upon certain Debates then moved the said Hugh and Hugh Robert and Edmond Earl of Arundel continuing their Mischief encouraged the said King Edward against our Sovereign Lord the King that now is his Son and the said Queen his Wife and by the Royal Power which they had to them encroached as afore is said procured so much Grievance by the Assent of the said King Edward to our Sovereign Lord the King that now is and the Queen his Mother then being beyond Sea that they remained as forsaken of the said King Edward and as exiled from this Realm of England Wherefore it was necessary for our Sovereign Lord the King that now is and the Queen his Mother being in so great Jeopardy of themselves in a strange Country and seeing the Destruction Damage Oppressions and Disherisons which were notoriously done in the Realm of England upon Holy Church Prelates Earls Barons and other Great Men and the Communalty by the said Hugh and Hugh and Robert Earl of Arundel by the encroaching of such Royal Power to them to take as good Counsel therein as they might And seeing they might not remedy the same unless they came into England with an Army of Men of War and by the Grace of God with such Puissance and with the help of Great Men and the Commons of the Realm they have vanquished and destroyed the said Hugh and Hugh Robert and Edmond Wherefore our Sovereign Lord King Edward that now is at his Parlement holden at Westminster at the time of his Coronation on the morrow after Candlemas in the First Year of his Reign upon certain Petitions and Requests made to him in the said Parlement upon such Articles above rehearsed by the Common Counsel of the Prelates Earls Barons and other Great Men and by the Communalty of the Realm there being by his Commandment hath Provided Ordained and Established in Form following First That no Great Man nor other of what Estate Dignity or Condition he be that came with the said King that now is and with the Queen his Mother into the Realm of England nor none other then dwelling in England that came with the said King that now is and the Queen in Aid of them to pursue their said Enemies in which Pursuit the King his Father was taken and put in Ward and yet remaineth in Ward shall not be Impeached Molested nor Grieved in Person nor in Goods in the King's Court nor other Court for the Pursuit of the said King taking and with-holding of his Body nor Pursuit of any other nor taking of their Persons Goods nor Death of any Man or any other things perpetrate or committed in the said Pursuit from the Day that the said King and Queen did arrive till the Day of the Coronation of the same King What follows in this Statute is not much to our purpose Those concerned in the Conspiracy against and Design upon the King thought them well covered by this Preamble and themselves well secured by this First Chapter After the end of this Parlement there were 3 Rot. Claus 1 Ed. III. M. 16. Dors The Scots refuse to treat of a Peace They break the Truce with England Commissioners sent to the Borders of Scotland to Treat of Peace but the Scots refused to Treat with them and not only so but brake the Truce which had been made with King Edward II. raised an Army and invaded England 4 Wals f. 127. n. 40. They make their escape from Stanhop-Park The Young King and his Mother raised an Army and with the Stipendiary Strangers marched against them and had almost inclosed them in Stanhop-Park in the Bishoprick of Durham yet in the Night they escaped and got into their own Country but threatned to return again Wherefore for the Defence of the Kingdom and other Matters there was a Parlement called to meet on the morrow of Holy Cross or 15th of September at Lincoln The 5 Rot. Claus ut supra Writ in which most of this Relation is contained bears Date at Stanhop Aug. 7. The English and Haynalters quarrel In their March towards the Scots the Haynalters Domineering over the English they Quarrelled at York where many were killed and the most English whether for fear of the English or 6 Knighton col 2551. n. 50. Wals ut supra The Haynalters c leave England for what other Reason the Haynalters and other Foreigners 7 Ibm. c. 2552. n. 40. left England not long after well Rewarded with Gold and Silver by the Queen and Mortimer and others of their Faction What was done in this Parlement I find not This Year there was another 8 Rot. Claus 1 Ed. III. M. 3. Dors Summoned to meet at York on the next Sunday after the Purification of the Virgin Mary to Treat of certain Articles propounded and declared between the Two Nations at Newcastle but nothing was done at this Parlement the Bishops and other Great Men not appearing and therefore as is expressed in the Writ 9 Rot. Claus 2 Ed. III. M. 31. Dors A Parlement at Northampton Dated March 5. next following he called another Parlement to meet three Weeks after Easter at Northampton In this Parlement 1 In A. D. 1327. A shameful Peace made with the Scots says Murymuth and Walsingham from him facta fuit turpis Pax inter Anglos Scotos there was made a shameful Peace between the English and Scots by the Direction and Contrivance of the Queen and Roger Mortimer by which David Son and Heir to Robert Brus King of Scotland was to Marry Joan King Edward ' s Sister both Children And he was also to release all his Right and Claim of Superiority that he and his Progenitors had in the Kingdom of Scotland and to deliver up all Charters and Instruments concerning the same Some great Matters having hapned after this Parlement that required great Advice there was a 2 Rot. Claus Ed. III. M. 15. Dors A Parlement at Salisbury Writ issued Aug. 28. for another to meet at Salisbury on the Sunday next after the Quinden of St. Michael In this Parlement 3 Wals f. 129. n. 10. Three new Earls made in this Parlement there were made 3 Wals f. 129. n. 10. Three new Earls made in this Parlement three Earls Iohn of Eitham the King's Brother Earl of Cornwal Roger Mortimer Earl
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
Director of his Soul and likewise the Affairs of his Kingdom and receiving him into great Familiarity and seeing the Kingdom of France devolved to him by Right of Succession and was usurped by Philip of Valois he with great Importunity persuaded him to make a Confederacy against Philip with the German Princes idem Archiepiscopus nobis importuna instantia persuasit cum Princibus Alemanniae contra dictum Philippum foedus inire exposing us and our Affairs to the Charge and Hazard of War promising and affirming That he would cause abundantly to be supplied the necessary Expences from the Revenue of our Lands and Subsidies adding further That we need only take care to have ready expert and stout Soldiers Then he tells how he went beyond Sea and entred into a War at a vast Expence obliging himself to his Confederates in great Sums of Money upon the promised Aid but trusting to a broken Reed and his Assistance in Money not coming to him he was forced to contract improfitable Debts under the greatest Usury and so as he could not prosecute his Expedition but must of necessity return into England Where declaring to the Arch-Bishop his Streights and Misfortunes he called a Parlement which gave him the Ninths as above and the Clergy a Tenth which if fully collected and in due time had probably been sufficient for the carrying on his War and the Payment of his Debts to the no small Confusion of his Enemies Then he says the Arch-Bishop promised again to assist him effectually toward Collecting the Subsidy and administring other Necessaries Whence trustingto his promised Assistance he again passed over Sea and obtained his Sea-Victory as before related and afterwards besieged Tournay as aforesaid when every day expecting by the Arch-Bishop's Management to be relieved in so great Necessities with what had been promised him his Hope 's failed And though by many Letters and Messengers he had signified to him and others of his Counsellors his Adherents the Wants and Dangers he was in for want of Money being put off with frivolous Excuses and fine Words by which they palliated their Fraud and Malice he was forced unwillingly to consent to a Truce to his Shame and the Hindrance of his Expedition At length his faithful Friends Companions and Participants in his Adventure and Tribulation tandem convenerunt ad nos amici Fideles Peregrinationis nostrae Comites Tribulationis nostrae participes with whom he discoursed how he might most aptly be delivered from his present Misfortunes all agreed the Fault was the Arch-Bishop's either by Sloth or Negligence if not Malice murmuring against him that he had not corrected the Insolence of the Arch-Bishop and Officers Archiepiscopi Officialium Insolentiam c. which if he should not do speedily they threatned to quit his Service and withdraw themselves from the Confederacy Whence thinking of the Discipline and Correction of his Officers unde nos ad disciplinam correctionem nostrorum officialium mentis aciem dirigens he removed some from their Offices for Male-administration by subversion of Justice oppressing the People and taking Bribes Others of less Note he committed to Prison and believing he might have a more full account of the Actions of his Officers from the Arch-Bishop to whom he had committed for a long time all the Administration of all his Affairs he sent Nicholas Cantilupe to command him to come speedily to London that he might have Personal Discourse with him but being always Proud and fearful in Adversity he pretended Danger from some about him if he should stir out of the Church of Canterbury The second time he sent to him Ralph Stafford Steward of his Houshold with Letters of safe Conduct to come to and inform him about the Business of the Kingdom But contemning his Requests and Messages with an haughty Look he answered That he would not meet come to or confer with him but in full Parlement which at that time it was not rationally expedient to convene quod in his diebus ex causis rationalibus non expedit convocari Then recounting his great Bounty and Beneficence toward him his extraordinary Respect and Assection to him and the mighty Trust and Confidence he had in him declares how ungrateful he was and how he had deceived him wounding his Innocence by railing at and reproaching the Justice Fidelity and Diligence of his Officers by Preaching publickly and sending Letters into divers Parts That by Royal Power and against Justice the People had lately been oppressed the Clergy confounded the Kingdom over-burdened with Exactions Taxes and Tallages And because he falsly endeavoured to obtain the Name of a Good Pastor which he always wanted yet truly he was a notorious Mercenary by common Opinion and his own publick Confession quia nomen boni Pastoris quo hactenus semper caruit c. he applied himself to assert the Liberty of the Church which if it had been injured or grieved either in Persons or Things in rebus vel Personis it was only and truly to be ascribed to the Remisness crafty Intentions and reprobate Counsels of the Arch-Bishop Archiepiscopi duntaxat remissioni callidis adinventionibus ac reprobis consiliis sunt veraciter ascribendae wickedly pretending he had certain Sentences and Articles of Excommunication made in general against the Violators of Church-Liberty and the Great Charter to blacken the Good Opinion the People then had of the King to defame his Ministers traiterously to raise Sedition amongst the People and to withdraw the Affections of the Earls Barons and Great Men from him Wherefore being willing as he was bound to secure the Integrity of his Fame to obviate the Malice of the Arch-Bishop and to avoid the Snares laid for him and his he desired to publish some other of his Actions besides those above repeated to wit That by his improvident Advice in his Nonage he had made so many prodigal prohibited Gifts and Alienations and done so many excessive Favours that his Treasury was exhausted and his Crown-Rents beyond measure diminished and that corrupted by Bribes he had without reasonable cause remitted great Sums of Money due to him and had given much of his Rents and Revenue which ought to have been applied to his own use to Persons not deserving or converted it to his own Vse and presumed to attempt other things to the Detriment of his Estate Damage of his Royal Dignity and Grievance of his Subjects abusing the Power committed to him Commanding those to whom this Letter was directed to publish it and cause others to publish it in such Places as they should think convenient Witness his Self at Westminster the 12th of February in the 15th of his Reign On Ash-wednesday being the 21st of February the Arch-Bishop Preached in the Cathedral of Canterbury and 8 Hist Sacr. vol. 1. f. 23. The A. Bp. published the K. 's Letters at the end of his Sermon he told the People there were Letters directed by the King
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
Nobility Gentry and Citizens in all Places and their Violence exercised upon the Peasants the Practices of the King of Navarre against the Dauphin and Government of France by making Divisions amongst the People and driving them into Parties and Factions the Barbarity of the Plundering-People calling themselves Companions and of the Soldiers 5 Mezer. f. 76. both Foreign and Domestics who upon Truces made between the Parties were neither disbanded or paid All these robbed and pillaged one another committed Rapin without distinction wasted and burnt the Countries where they came until the Dauphin procured himself to be declared Regent of France by the Parlement at Paris 6 Ib. f. 377. in the Year 1358. and some little while after until the Nation was reduced to some sort of Settlement by that Regency and Compliance between the Regent and Parlement which had not been before The last-mentioned Truce being expired without hopes of Peace 7 Froys lib. 1. c. 201. the King of England and his Son the Prince of Wales the the King of France and James Earl of Bourbon only amongst A Peace concluded themselves Treated of and agreed upon a Peace and sent the Articles into France to the Duke of Normandy the Dauphin and Regent He assembled the Prelates Nobles and People of the Good Towns who upon debate of the Terms resolved to suffer The French refuse the Terms more than they had done and permit their King to remain Prisoner rather than to submit to such Articles as should so much lessen the Power of France King Edward at the Return of the Messengers understanding the Resolution of the French determined to enter France with such a Force as should make an end of the War or procure Peace according to his Desire K. Edward raiseth a mighty Army To put what he resolved on in execution he raised an Army such as had not been 8 Froys â— 1. c. 205. seen and sent the Duke of Lancaster before him to Calais 9 â— 174. li 5. a. 1100 Ships provided to transport that Army Walsingham says there was Eleven hundred Ships prepared at Sandwich to Transport this Army from which Port he set sail on the 28th of 1 Claus 33 Ed. III. M 9. Dâ—rs October taking with him his Four Sons 2 Froys ut sâ—pra c. 207. Prince Edward Lyonel John and Edmond 3 Wals f. 174. â—in 3 6. 7. with most of the Nobility fere Proceres omnes leaving his young Song Thomas of Woodstock not then four Years old Guardian of the Kingdom with a Council fit to perform that Charge Before his 4 Froys l 1. c. 206. The King of France and his Son sent to the Tower Passage he sent the King of France and his Son from their loose Confinement to the Tower or more safe Custody and the rest of the French Prisoners into Places of Security With this Army 5 Ib. c. 209 210 211. he marched into the middle of France laying all waste as he marched He was entring 6 Was f. 174. n. 10. K. Edward marches into the middle of France burns and wastes the Country The French sue for Peace Burgundy when the Duke met him and compounded with him for Seventy thousand Florens to spare his Country from Burning and Rapin. The French kept themselves within their Places of Strength and filled them with Armed Men and permitted the Country to be harassed and ravaged by this Army The Miseries and Desolation of the Kingdom of France at this time and in this manner urged the Duke of Normandy and Regent the Clergy Nobility and all sorts of People to be desirous of and sue for a Peace 7 Mezeray f. 380. Cardinal Simon de Langres the Pope's Legate the Abbot of Clugny and the Dauphin's Commissioners always followed King Edward's Camp and earnestly sollicited for Peace The 8 Duke of Lancaster and other Lords were inclinable K. Edw. averse to a Peace and pressed the King to hearken to it He was averse putting such Terms upon the French they could not submit to them until as 9 Lib. 1. c. 211. Was â—frighted into it by a Tempest Froysard tells the Story being before Chartres there suddenly happened such a Tempest of Thunder Lightning Rain Hail and Stones that it killed many of his Men and Horses when turning towards our Lady's Church there and stedfastly beholding it he made a Vow to her to Consent to Peace And being then Lodged in a Village called Bretigny near Chartres Commissioners were appointed on both sides to Treat there accordingly This Famous Treaty of Bretigny was managed by 1 Rot. Cales de negotiis comunibus 3. a. Ed. III. M. 6. the Prince of Wales and Charles Regent of France in the Names of both Kings Commissioners for the English were Sir Reginald de Cobham Sir Bartholomew Burghersh Sir Francis Hale Banerets 1 Rot. Fran. 34 Ed. III. M. 11. Dors The famous Treaty of Bretigny Sir Miles Stapleton Sir Richard la Vache and Sir Neel Loring Knights with others of the King's Council On the French Party were the Elect of Beauves the Chancellor Charles Lord Momerency Monsieur John de Meingre Marshal of France Monsieur Aynart de la Tour Lord of Vivoy Monsieur Ralph de Ravenal Monsieur Simon de Bucy Knights Monsieur Stephen de Paris and Peter de la Charite with many others of his Council named by King John himself These Commissioners on both sides 2 Mezeray f. 380. A Peace made in 8 days met the first of May at Bretigny aforesaid within a Mile of Chartres and concluded upon all the Articles of this Peace in eight Days time which do here follow Translated from the French with Notes where they were afterwards altered and corrected by the Two Kings at Calais Edward Eldest Son 3 Rot. de Tract at pacis Fran. 34 Ed. III. M. 10. See also Leibnitz Codex juris Gentium from f. 208 to f. 220. to the King of France and England Prince of Wales Duke of Cornwal Earl of Chester To all those who shall see these Letters Greeting We make you know That all the Debates and Disorders whatsoever moved or stirred between our Lord and Father King of France and England on the one Part and our Cousins the King his Eldest Son Regent of the Realm of France and all those it may concern on the other Part. For the Good of Peace it is Agreed the 8th Day of May 1360. at Bretigny near Chartres in the manner following 1. First 4 Ibm. That the King of England with what he holds in Gascogne and Guyen shall have for him and his Heirs for ever all those Things which follow to hold them in the same manner the King of France or his Son or any of his Ancestors Kings of France held them That is to say Those in Soveraignty in Soveraignty and those in Demain in Demain according to the time and manner
of France to make certain Requests King Edward sends to the King of France to make good what was agreed by the Peace of Bretigny to him about the accomplishment and a full effectual Dispatch of the things agreed promised and sworn to upon the Peace made between them and especially that he would cause to be delivered and rendered intirely to him or his Deputies all the Cities Towns Castles Fortresses Lands Countries Isles and Places which he was bound to deliver according to the Peace aforesaid and further to Receive the Letters of him and his Eldest Son which should be sent and delivered at Bruges in Flanders on the Day of St. Andrew next coming as well those of the Renunciations Cessions Releases and Transports as of other things that ought to be performed according to the Peace under their great Seals in Manner and Form agreed between them c. This Commission was Dated on the 15th of November 1361 and * Rot. Franc. 35 Ed. III. M. 3. 35th of Edward the Third but whether the Commissioners went according to the Commission or what was done upon it I have not seen This year there was a great Plague in England which swept away many of the Nobility and Bishops and amongst the rest Henry Duke of Lancaster 7 Dugd. Bar. Vol. 1. f. 789. A great Plague in England on the 24th of March or last day of the year a Person of great Worth in all respects On the 19th of July the year following the Prince of Wales was made 8 Rot. Vascon 36 Ed. III. M. 16. A. D. 1362. The Prince of Wales made Prince of Aquitan Homage and Fealty done to him by the Noblemen He kept his Court at Burdeaux Prince of Aquitan and had all Guien and Gascogne given him during Life the Direct Dominion Superiority and last Resort of those Countreys reserved to his Father Not long after this the Prince his Princess and Family removed into Aquitan where having received the Homages and Fealties of the Noblemen and others he kept his Court at Bourdeaux in great State and Splendor He made Sir John Chandos his Constable of Aquitan and Guischard d'Angle a Native of France but by the Peace of Bretigny a Subject of England his Marshall who continued faithful This year * Walsingh f. 179. n. 10. Pope Innocent dies An Englishman chosen Pope died Pope Innocent the Sixth in August to whom succeeded Gillerin an Englishman and Benedictin Abbat by the Name of Vrban the Fifth who was Consecrated on the First of November King Edward was very kind to Four of the chief of the French Hostages 9 Froys c. 218. f. 113. 6. A. D. 1363. Great Liberty given to four French Hostages The Duke of Anjou made his Escape the Dukes of Orleans Anjou Berry and Burbon who gave them Leave to go over to Calais and stay there for some time and to go about into the Country for 4 days at any time so as they always returned to Calais before Sun-set on the last day of the four The Duke of Anjou upon this Liberty made his Escape the others returned with the King of Cyprus into England Toward the 1 Ibm. c. 219. The King of France comes into England end of this year King John of France came for England and landed at Dover the day before the Eve of Epiphany or 4th of January upon the 2 Mezeray f. 382. News he received of the Escape of his Son the Duke of Anjou to repair his Honour and shew he had no Hand in that Act and to dispose King Edward to the Expedition of the Holy War he having accepted the Command of Generalissimo by the Preaching and Perswasion of His Errand Pope Vrban the Fifth After he had been Nobly Treated here by the King and Nobility 3 Ib. f. 383. A. D. 1364. He falls sick and dies there he fell sick at the Savoy in London about Mid-March and died on the 8th or 9th of April following for whom the King of England made a Magnificent Funeral but his Body was carried into France and interred at St. Denis upon the 7th of May and upon Trinity Sunday next following His Son Charles Crowned King his Eldest Son Charles the Regent of France and Duke of Normandy was Crowned King at Rhemes This year the King held a Parlement 15 days after Michaelmass A Tax granted to the King Rot. Parl. 36 Ed. III. n. 35. wherein * was granted unto him of every Sack of Wooll Transported 20 s. of every 300 Woollfells 20 s. of every Last of Leather 40 s. besides the Ancient Custom Notwithstanding the Peace of Bretigny wherein 4 Mezeray â—ol 384. War in Bretagne between Blois and Montfort were not comprehended the Naverrois and Dukedom of Bretagne the War continued there Charles of Blois having been assisted by the French and John de Montfort by the English After many Skirmishes Sieges and the Battels of Cocherel and Auvray in which last Charles of Blois lost his Life and then by a Treaty at Guerrand a Peace was concluded 5 Ibm. f. 385. A. D. 1364. Froyâ— c. 229. f. 125. a. A Peace between them upon these Terms That Montfort should enjoy the Dutchy upon Condition of doing Homage and Fealty for it to the King of France That the Widow of Charles should enjoy the Title of Dutchess during her Life and in case Montfort died without Heirs the Dutchy to remain to the Heirs of Charles of Bloys About the same time or not long after there was Peace 6 Ibm. f. 125. b. between France and Navarre when many Soldiers and Companions knew not what to do 7 Ibm. A Peace between France and Navarre The Companions waste the Country They refuse to serve against the Turk Froysard says most of the Captains of the Companions who horribly wasted and plundered the Country were Englishmen and Gascons under the Obedience of the King of England and that the King of Hungary wrote to the Pope the King of France and Prince of Wales that those People might be employed in his Service against the Turks who offered them Gold Silver and Passage but they would not quit France which they called their Chamber Yet within a year or two the Pope and King of France found an Opportunity to employ these Companions they so much feared 8 Ib. f. 126. Mâ—zâ—r f. 386. An Expedient to imploy them Alphonso XI King of Castile had by his Wife a Son called Peter and by another Woman had several natural Sons or Bastards the Eldest whereof was was Henry Peter had the Name Peter the Cruel King of Castile an Enemy to the Church Henry the Bastard Legitimated by the Pope made King of Cruel and Wicked from his Actions of the same Denomination and was reputed a great Enemy to the Church whereupon great Complaints were made to the Pope who upon Summons refusing to come to Avignion was by Advice of
quod Domini Magnates ac Comunitates Comitatuum Civitatum Burgorum concesserunt Domino Regi c. granted to the King for the Voyage of John King of Castile and Leon Duke of Lancaster into Spain and safe keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and half a Tenth and Fifteenth the 10th and 15th to be paid at Candlemas and the half 10th and 15th to be paid at Midsummer for the receipt and expending whereof there were special Treasurers appointed in Parlement and Supravisors to see it done And this 2 Ibm. Voyage into Spain was agreed and granted by the King Prelates Noblemen Great Men and Communities aforesaid in full Parlement In the King's Entrance into 3 Knighton col 2675. n. 50. Scotland the King conferred several Honours upon the Persons following at Hounslow-Lodge in Tividale says the Record which were confirmed in this Parlement The King's Unkle 4 Rot. Parl. 9 Ric. II. n. 14. Several Titles and Honours confirmed in Parlement Edmond Earl of Cambridge being created Duke of York was confirmed in that Title and had from the King 1000 l. a Year to support his Dignity to be paid out of the Exchequer to him and his Heirs Male until the King could settle Lands upon him and his Heirs of the like Value Then also was 5 Ibm. n. 15. Thomas Earl of Buckingham and Essex the King's Unkle being created Duke of Gloucester confirmed in that Title with the like Gift and Settlement to support his Dignity Michael de la Pole 6 Ibm. n. 16. being created Earl of Suffolk was confirmed in that Dignity and had for the support of his Honour 20. l. a Year out of the Farm of the County and 500 l. a Year out of the Estate of the former Earl which had escheated to the King for want of Heirs after the Decease of the Queen and Isabelle Countess of Suffolk The Earl of 7 Ib. n. 17. Oxford being created Marquess of Dublin was confirmed in that Title by consent of the Prelates Lords and Commons and had by the same consent the Land and Lordship of Ireland c. except some Royalties belonging to the Crown paying 5000 Marks yearly into the Exchequer In this Parlement the 8 Ib. n. 32. The Commons Petition the King's Houshold might be viewed every year and if need were Regulated Commons Petition the King That the State of his Houshold might be viewed every year by the Chancellor Treasurer and Clerk of the Privy Seal and what was amiss to be mended at their Discretion And also That the Statutes of ancient time made concerning the Houshold might be kept and duely executed in all their Points As to the first Article of the 9 Ib. Ro. The King's Answer Petition The King will do it when he please As to the second Le Roy le Voet The King Willeth It was also then Enacted 1 Ib. n. 33. That all Lords and other Persons having any Lands on the Marches beyond Tine do dwell thereupon saving that the King may shew favour when he please The Commons desired to know 2 Ib n. 39. who should be the King 's Chief Officers and Governors of the State of the Kingdom The Answer 3 Ib. Ro. was The King hath enough sufficient Officers at present and will change them at his pleasure On Easter 5 Knighton col 2676. n. 30 40 50 60. A. D. 1387. The Duke of Lancaster's Day next following the Duke of Lancaster with his Wife came to take his Leave of the King to whom he gave a Crown of Gold and the Queen gave another to his Wife and the King commanded all about him to call and Honour him as King of Spain 6 Ibm. Voyage into Spain and what he did there On the 9th of July all things being prepared for the Expedition he set sail with 20000 Men for Spain whereof in the Marshall's Roll 2000 were Men at Arms and 8000 Archers in which Army several very great Men were the Chief Officers 7 Ib. col 2677. n. 10 20. He had with him his Wife Constance the Eldest Daughter of Peter King of Castile c. for his Tyrannies called the Cruel who died without Issue Male by whom he claimed that Kingdom and Katherin his only Daughter by her and Two Daughters by his first Wife Blanch Daughter and Heiress to Henry Duke of Lancaster Philip and Elizabeth Peter King of Castile was Son of Alphonso the Sixth King of Castile c. upon whom Henry II. a Bastard Son of Alphonso usurped the Kingdom He Married his Daughter Philip by his first Wife Blanch to the King of Portugal and his Daughter Katherin the true Heiress of the Kingdom of Castile by his Wife Constance to John the Son of Henry the Bastard and Usurper 8 Walsingh f. 342. n. 30 40. but so as if they had no Issue the Inheritance of the Crown was to be and remain to the Son of Edmond Duke of York Brother to the Duke of Lancaster who had Married Isabel the Younger Daughter of King Peter the Cruel Upon these Terms and a mighty Sum of Money paid by Henry the Bastard to the Duke and an Annuity of 10000 l. a year to him and his Dutchess Constance for their Lives a Peace was concluded between the Vsurper and the Duke and the Affair of Castile or Spain settled after which he went into Aquitan and stayed there and in Spain more then Two years and then returned into England in the beginning of November 1389. Knighton 9 Ut supra says the Money paid down to the Duke of Lancaster was an immense Sum and that he was told by one of his Family and Retinue in this Voyage that for the second Payment the King of Spain sent him Forty seven Mules laden with Gold in Chests 1 Walsingh f. 323. n. 60 c. Knighton ut supra n. 40 50 60. As he sailed into Spain he landed some Forces in Britany and relieved Brest that was then besieged by the Duke of that Country This year Writs were issued for calling a Parlement on the First of October at Westminster dated 2 Rot. Clause 10 Ric. II. M. 42. Dors The Duke of Suffolk Michael de la Pole Aug. 8. wherein Michael de la Pole Earl of Suffolk and then Chancellor of England was impeached by the Commons in several Articles 3 Rot. Parl. 10 Ric. II. n. 6. impeached by the Commons The first and chief Article was That he was Sworn as Chancellor to procure the Profit of the King That he purchased of the King Land Rents and Tenements to a great value contrary to his Oath not considering the Necessity of the King and Kingdom and that he being Chancellor at the time of the Purchase caused the yearly Rent of the Lands to be undervalued very much in deceit of the King The residue of the Articles were much of the same Nature for Deceiving
and other Payments To do what they would in the Kingdom and to amend all things according to their Discretions and these Powers greater perhaps then any King ever exercised were given to any Six of them with his Three Great Officers Willing That if diversity of Opinion happened between his Counsellors and Officers that the Matter should be determined by the greater part of them commanding and charging all Prelates Dukes Earls Barons the Steward Treasurer and Controller of his Houshold the Justices of one Bench and the other and other his Justices whatsoever Barons and Chamberlains of the Exchequer Sheriffs Escheators Majors Bayliffs and all other his Officers Ministers and Lieges whatsoever that they be attending obedient counselling and aydant to the said Counsellors and Officers so often and in what manner they should direct Dated at Westminster the 19th day of November Upon this Commission a Statute was made and the whole Recited in it See Statutes at Large Cap. 1. in the Tenth of Richard the Second the Parlement Roll of this year and the Pleas of the Crown in the Parlement the 21st of this King This Parlement ended on the 20th of 7 Rot. Parl. 10 Ric. II. n. 36 The King's Protestation in Parlement November and the last thing entred upon the Roll before that Memorandum is That the King made open Protestation in full Parlement with his own Mouth That for any thing was done 8 Ib. n. 35. in that Parlement he would not that prejudice should come to him or his Crown but that the Prerogative and Liberties of his Crown should be safe and preserved This year Richard Fitz-Alan Earl of Arundel was made 9 Rot. Franc. 10 Ric. II. M. 13. and M. 18. Admiral of the whole Fleet in the West and North parts of the Kingdom he got ready the Fleet and put to Sea early in the Spring and on the 24th of March discovery was made of a great 1 Walsingh f. 326. n. 10 20 30 40. The English take an Hundred and more Ships from the Flemings French and Spaniards Navy of Flemings French and Spaniards laden with Wine and well Guarded with Men of War after a sharp Engagement wherein he took many Armed Ships killed and took many Soldiers of different Quality the rest fled he pursued them two days and in the whole took an Hundred and more Ships great and Small wherein were Nineteen thousand Tuns of Wine 2 Col. 2692. n. 40 50 60. Knighton in his Relation of this Engagement says there were One hundred twenty six Ships taken in which were about Twelve or thirteen thousand Tuns of Rochel Wine and that the Admiral of Flanders was taken with many others 3 Ib. and Col. 2693. n. 10. He refitted his Ships and sailed into Britany and relieved Brest besieged the second time by that Duke demolished the Castles he had built about it and between lady-Lady-Day and Midsummer took A. D. 1388. One hundred and sixty Ships well laden This Summer the King with his Queen went 4 Ib. n. 20 30 40 50 60. The King and Queen's Progress The Commission and Statute made last Parlement Questioned a Progress into the West and North Parts of the Kingdom in his Return he held a Council at Nottingham on the 21st of August where many Questions about the Commission and Statute made last Parlement and those that procured and forced the King to grant them and how they were to be punished were propounded to the Two Chief Justices and other Judges who answered they ought to be punished as Traytors as will be more fully related in the following Account of this year In this Council were present Alexander Arch-Bishop of York Robert de Vere Duke of Ireland Michael de la Pole Earl of Suffolk Robert Tresilian Chief Justice of the King's-Bench and Nicholas Brembre of London Knight his great Favorites and Advisers in all things who were heard before all others and according to common fame only they On the 5 Ib. Col. 2696. n. 40 50 60. The King splendidly received by the Major and Citizens of London The Duke of Glocester Earls of Arundel and Warwick march with a great Force toward London 10th of November the King came to London where he had a Wonderful Splendid Reception by the Major and Citizens who went out to meet him says the Historian with an innumerable Multitude of Horsemen richly Clad and conducted him and his Queen to St. Paul's Church and from thence to his Palace at Westminster his great unhappy Favourites accompanying him Next day on the Feast of St. Martin the King and his Favorites had notice the Duke of Glocester the Earls of Arundel and Warwick were marching toward London with a great Force from Haringay Park near Highgate who wrote 6 Ib. Col. 2699. n. 30 c. Their Letter to the Major Sheriffs and Aldermen of the City to the Major Sheriffs and Aldermen of the City to let them know They were and always would be Obedient and Loyal Lieges to the King and that they ought not to wonder at their assembling in such a manner for that in the last Parlement it was ordained by the King That certain Lords there appointed and Sworn for the Honour of God the good of the King and Kingdom to have the Government of his Council and the Realm for one year which Government had been and was then greatly disturbed by Alexander Arch-Bishop of York Robert Vere Duke of Ireland Michael de la Pole Earl of Suffolk Robert Tresilian false Justice and Nicholas Brembre false Knight of London all and every one false Traytors to the King and Kingdom who falsely and Traiterously by their Engines Counsel and Conduct of the Honourable Person of the King carried him into divers Parts far from his Council in the Ruin of him and his Realm and falsely Counselled him against their Oath to do divers things in Disheritance and Dismembring his Crown being in point to loose his Heritage beyond Sea to the great infamy and destruction of the whole Nation and falsely made several Differences between the King and Lords of his Council so as some of them were in fear and danger of their Lives as they had informed the King by the Arch-Bishop of Canterbury the Duke of York the Bishops of Winchester and Ely and divers other great Lords To Redress these things and Punish the Traytors according to Law they were assembled Requiring and Charging them the Major c. by vertue of their Allegiance That they should make full Proclamation vous requirons chargeoms par vertue do vostre legiance que vous eut facez plein proclamation c. thro' the whole City that this is our intent and no other and that for the Honour Profit and Salvation or Safety of the King Kingdom and all his Loyal Lieges and that you will be Aiding and Comforting with all your Endeavour and Power not favouring or aiding the Traytors nor any of them as
King in full Parlement holden at York three Weeks after Easter in the 15th Year of Edward II. In which Parlement the Exile and Disherison of both were annulled for these Reasons First They were not Appealed or called to Answer nor due Process made against them according to Law Secondly Because the Prelates who were Peers of the Realm que les Prelatz que estoient Piers du Royalm did not Consent to the Exile and Disherison A dit agard de Disherison Exile ne assenteront point Thirdly Because it was against Magna Charta that any Man should be Exiled or Tryed or otherways Destroyed without Judgment of his Peers This Adnullation was afterwards made void in 1 Edw. III. They pray that Statute may be made void and it was made void and all the Articles and things contained in it for the Reasons abovesaid Et sur ceo le Roy fist examiner diligement les Prelatz Ducs Barons Comunes Summonez a son Parlement what they thought whether the Statute of Edward III. was defeasable Who upon good Deliberation said it was for the Causes before expressed also considering that the Repeal made by King Edward III. was at such time as his Father Edward II. was living being very King and in Prison that he could not resist the same The Record of this matter is long and also the Proceedings against the Spencers in the 14th and 15th of Edward II. and Statute the first of Edward III. are recited which see in those Years On 7 Ibm. n. 67. The Duke of Hereford's Sulmission and Confession to the King on his Knees He begs pardon Thursday the last Day of the Parlement the Duke of Hereford in full Parlement humbly kneeled before the King and said to him My Liege Lord I know well that many Riots Disturbances and evil Deeds have been made and done within your Kingdom to the Offence of you and your Royal Estate in the which I my self was present amongst others not with an ill Intent or Purpose to offend you not knowing then it was any Fault or Offence against you But Sir since I now know well and confess my Offences and evil The King's Mercy and Pardon to him Deeds in so doing I cry you Mercy and beg your Pardon Whereupon the King graciously accepted the humble Prayers and Confession of the Duke and granted him Pardon in full Parlement for what he had done in the things abovesaid and what belonged to him for the same And further the King granted him to be his Good Lord And this he declared to all the Estates in Parlement how he had given him full Pardon for the Matters aforesaid The Commons on the same Day by 8 Ibm. n. 75. The Subsidy of Wooll c. granted to the King for Life with a xth and half and xvth and half Assent of the Lords Spiritual and Temporal granted to the King the Subsidy of Wooll Leather and Woollfells for his Life and one 10th and 15th and half a 10th and 15th Upon which Grants 9 Ibm. n. 76. Out of which the Commons pray the Sufferers of Ratcot-bridge c. may have 3 or 4000 Marks the Commons prayed the King to bestow 3 or 4000 Marks on those that suffered at Ratcot-bridge and to pay the Lords Appellants their Expences And then the same Day follows a 1 Ib. n. 77. Stat. at Large 21 Ric. II. c. 15. A General Pardon General Pardon for all things done before that Day which was Thursday as above the last of January and last Day of Parlement provided that they who rode and gathered themselves forcibly against the King in the 11th Year of his Reign with the Lords then Convict and Judged should have no Benefit of the Pardon if they Sued not forth their Charters between that and Midsummer Upon the Grant of this Pardon 2 Ibm. n. 78. Upon Condition the King by his own Mouth declared That if the Lords and Commons which in time to come shall Sit in Parlement should lett or disturb him in the Collection of the Subsidy of Wooll Leather and Woollfells so granted as above it should be void Also the same 3 Ibm. n. 74. 80. Stat. at Large 21 Ric. II. c. 16. A. D. 1398. Certain Persons appointed to determine all matters undispatched this Parlement Thursday the last Day of the Parlement the Commons prayed the King That whereas they had before them divers Petitions as well for special Persons as others not Read or Answered and also many other Matters and Things had been moved in the Presence of the King which for shortness of time could not well be determined It would please the King que plerroit au Roy c. to commit full Power to certain Lords and others whom he pleased to Examin Answer and Dispatch the Petitions Matters and Things abovesaid and all Dependencies on them To which Prayer the King Assented and thereupon by Authority and Assent of Parlement Ordained and Assigned John Duke of Lancaster Edmond Duke of York Edmond Duke of Albemarl Thomas Duke of Surrey John Duke of Excester John Marquess of Dorset Roger Earl of March John Earl of Salisbury Henry Earl of Northumberland Thomas Earl of Glocester Thomas Earl of Winchester and William Earl of Wiltshire or Six of them John Hussey Henry Green John Russell Henry Chelmswike Robert Tey and John Golofre Knights coming for the Commons of the Kingdom to that Parlement or Three of them shall Examin Answer and fully Determin all the said Petitions and the Contents of them come toutz autre Matiers Choses moevez And all other matters having the whole Power of Parlement deputed to them en Presence du Roy c as all other Matters and Things moved in the Presence of the King and all other Dependencies upon them not Determined as they shall think best by their Good Advice and Discretion in this behalf by Authority of the said Parlement And then it was Dissolved On Wednesday the 30th of January and Day before the Parlement ended the Duke of Hereford accused the Duke of Norfolk of Words c. spoken against the King's Person as will more fully appear in the Pleas of the Crown of this Parlement On the first of August this Year at Nottingham 4 Pleas of the Crown 21 Ric. II. on the Parlement Roll. The Duke of Glocester and Earls of Arundel appealed of Treason before the King sitting with his Crown on in the Great Hall of the Castle there Edward Earl of Rutland Thomas Earl of Kent John Earl of Huntington Thomas Earl of Nottingham John Earl of Somerset John Earl of Salisbury Thomas Lord Despenser and William le Scrop the King's Chamberlain brought a Bill of Appeal of Treason against Thomas Duke of Glocester Richard Earl of Arundel and Thomas Earl of Warwic 5 Ibm. The Bill having been read by Advice of the Lords and those of his Council about the King they had Day given
Execution under the Forfeiture aforesaid Witness the King at Westminster the 3d Day of May. By the King Himself and Council This Proclamation 1 Ibm. was directed to the Sheriff of Kent and all other Sheriffs of England to his Uncle John Duke of Lancaster or his Chancellor in that Dukedom and to John Stanley his Justiciary in Ireland or his Lieutenant and also his Justiciary of Chester or his Lieutenant The Statutes the Persons recalled by this Proclamation went to Rome to have made void by the Pope were the Statute of Provisors last made the Statute of Quare impedit and Praemunire facias and others like to them which the Pope said were against and injurious to Ecclesiastic Liberty For the particular Account whereof see Walsingham's History Fol. 344. n. 40 55. and Fol. 345. n. 10. A. D. 1391. 14 Ric. II. In the 20th Year 2 Ibm. 20 Ric. II. M. 3. Dors of his Reign on the 19th of September he caused Lewis Bishop of Vultura in Apulia the Pope's Collector to take the same Oath before himself in Chancery which James Dardain had taken in the 12th of his Reign before his Council John Wyclif and his Followers THE Opinions of John Wyclif prevailed very much in the Vniversity of Oxford and not a few Learned Men maintained them in the Schools and Preached them up there and in many other Places and Countries In the 4th of this King 1381. William de Berton 3 Speim Council Vol. 2. f. 267. Chancellor of the Vniversity calling together many Doctors of Divinity and many Professors of and Skilful in the Canon-Law they Judged upon Examination of those Opinions That they were Erroneous Repugnant to the Determinations of the Church and Contradictory to Catholick Verity and therefore forbade every one of what Degree or Condition soever under the pain of the greater Excommunication publickly to Hold Teach or Defend the same in the University Upon the further spreading of these Opinions amongst the Great Men and Populacy 4 Ibm. f. 629 630 631. William Courtney Arch-Bishop of Canterbury and Seven other Bishops of this Province Fourteen Doctors of Canon and Civil Law Seventeen Masters of Divinity and Six Baccalaurs of Divinity on the 17th of May 1382. met in a Chamber of the Frier-Preachers in London where having considered and deliberated upon the Conclusions and Opinions then divulged unanimously on the 27th of the same Month Declared and Decreed some of them Heretical others Erroneous and contrary to the Determinations of the Church The Heretical Opinions were these That the material Substance of Bread and Wine remained after Consecration in the Sacrament of the Altar Also That the Accidents do not remain with a Subject after Consecration in the same Sacrament Also That Christ is not in the Sacrament of the Altar Identically Truly and Really in his proper Corporeal Presence Also That if a Bishop or Priest be guilty of mortal Sin he can neither Ordain Consecrate or Baptize Also That if a Man were duly Contrite all external Confession was superfluous and unprofitable Also Pertinaciously to assert that Christ Ordained Mass had no Gospel-Foundation Also That God ought to Obey the Devil Also If the Pope be an ill Man and by consequence a Member of the Devil he hath no Power over the Faithful of Christ given him by any one unless perhaps by Caesar Also That after Urban VI. no Man is to be received as Pope but we ought to live as the Graecians under our own Laws Also To assert That 't is against Holy Scripture that Ecclesiastics should have Temporal Possessions The Pernicious Erroneous Conclusions were these That no Prelate ought to Excommunicate any one unless he first knew he was Excommunicated by God Also That any one who did so Excommunicate became thereby an Heretic and Excommunicate himself Also A Prelate Excommunicating a Clerc who Appealed to the King and his Council is in very Deed a Traitor to God the King and Kingdom Also They that leave off Preaching or Hearing the Word of God or Gospel Preached for the Excommunication of Men are Excommunicated and shall be had for Traitors to God in the Day of Judgment Also To assert that 't is lawful for any one tho' a Deacon or Priest to Preach the Word of God without Papal or Episcopal Authority or other which sufficiently appeareth Also To assert that none is a Civil Lord none is a Bishop none is a Prelate while he is guilty of Mortal Sin Also That Temporal Lords may at their Pleasure take away Temporal Goods from Ecclesiastics being habitual Delinquents or that the Populacy when they will may correct Delinquent Lords Also That Tythes are pure Alms and that the Parishioners for the Sins of their Curates may detain them and as they please give them to others Also That particular Prayers applied to one Person by Prelates or Religious are no more Benefit to that Person than general Prayers are to him caeteris paribus all other things being equal Also In that very thing that any one takes upon him whatsoever private Religion he is made more unfit and unable to observe God's Commandments Also Saints instituting whatever private Religions as well those with Possessions as Mendicants they have sinned in so instituting Also That Religious living in Private Religions are not Christians Also That Friers are bound to get their Food by the Labour of their Hands and not by Begging Also He that gives Alms to Friers or to a Frier-Preacher is Excommunicate and he that receives it On the 20th Day of June 5 Ibm. f. 631 632. in the same Year and Place Nicholas Hereford Philip Rapyâ—gdon a Canon Regular both Professors of Divinity and John Ayshton Master in Arts and Scholar in Divinity the Chief Followers of VVyclif appeared Personally before the Archbishop the Doctors and others When Nicholas and Philip were commanded to answer and to speak fully and plainly what they thought of the Conclusions above they gave in their Answers in Writing protesting as otherwise they had done That they intended to be Humble and Faithful Sons of the Church and of Holy Scripture and obey in all things the Determinations of the Church and if they should commit any Errour against this Intention in Word or Deed they submitted themselves to the Correction of the Archbishop and all others to whom it belonged to Correct them This Protestation premised they Answer That the Substance of material Bread and Wine remains in the Sacrament of the Altar after Consecration Ad sensum contrarium isti Decretali Firmiter Credimus Concedimus quod est Haeresis To the contrary Sense of the Decree we firmly believe that is a Decree that began with those Words Firmiter Credimus We grant 't is Heresie To the Second Conclusion That the Accidents do not remain without a Subject after Consecration in the same Sacrament Ad sensum contrarium isti Decretali Cum Marthe a Decree in the Decretals that began with those
prays him to prevail with his Sister to come to him as soon as she could He prays him to send his Wife to him for the Honour of themselves and of her being much disturbed for want of her Company He also earnestly prayed him to dispatch his Son Edward and And to dispatch his Son's Business and suffer him to come to him deliver and surrender to him the Dutchy and Lands which he preserved out of affection to him that he might not be Disherited and further prayed him to suffer his Son to come to him with all the hast he could as he had commanded him it being always his Mind he should return the same hour he should command him so soon as he had done his Homage And then Excuseth the Bishop of Excester's sudden leaving France returning into England as he had done in the Letter to his Queen Dated as above at the same Place The 2 Ibm. like Letters were sent to His Friends and Peers of France The Arch-Bishop of Rhems The Bishop of Laon The Bishop of Beavois The Duke of Burgundy The Duke of Britan The Earl of Flanders The Earl of Valois The Abbot of St. Denis Peers of France The Arch-Bishop of Roan The Bishop of Langres Gaucher Chastillon Constable of France His Relations but not Peers The Lord of Cossi Lewes Earl of Clermont Robert de Artois E. of Beaumont The next day the King 3 Ibm. The K wrote to his Son to return without his Mother if she could not wrote to his Son that tho' he was young and of tender Age yet he might remember what he Commanded him and charged him with at his departure from him at Dover and also what Answer he made him then That when the King of France had received his Homage he should take his leave of his Uncle and return to him with his most Dear Companion the Queen his Mother if she could come so soon if not he should come without her and should not omit it any manner neither for his Mother or any other upon his Blessing Dated at Westminster the Second Day of December His Son wrote an Answer to this Letter as appears by 4 Ibm. The Prince answered his Father's Letter and he wrote a Second Letter to him another of his Father 's to him in March following wherein he acknowledges he did remember what he was charged with at Dover and especially not to marry without his Consent and what he said there to his Father at his Departure and promised in this Answer to do always his Commands and Pleasure to his power Whereupon the King in this second Letter strictly chargeth The Contents of the King 's second Letter him again well to remember those things and in no case to Marry or suffer himself to be Married without his assent nor before he should come to him nor do any thing that might turn to his Damage or Trouble of Mind and as to what his Son said in his answer That he could not come over so soon as he commanded him by reason of his Mother nor leave her being bound by Nature to perform his Duty to her to which he rejoin'd in these Words Beaufitz vous saves coment nous lavoms amee cherie verroiement si ele se eust portee vers nous come faire denst come bone feme vers son Seigneur c. Good Son you know how much I should have Loved and Cherished her and truly if she had carried her self towards us as she ought to have done and as a good Woman or Wife toward her Lord. But whereas she feigned an Occasion to withdraw from us ele se feigne encheson de se retrere de nous by reason of our Dear Nephew and faithful Hugh le Despenser who hath always loyally The Queen's Kindness to Mortimer served me You see and all the World may see that she openly notoriously and designedly against her Duty and against the Estate of our Crown which she is bound to favour and maintain hath drawn to her and retains in her Company and Council attrée a soi in sa compaignie reteint de son conseil le Mortimer c. Mortimer our Traitor and Mortal Enemy proved Attaint and in full Parlement so judged and keeps him Company every where in House and abroad in despight of us and our Crown and the Laws of the Realm Whom at another time your Vncle Banished his Kingdom at our Request as our Enemy and yet she doth worse if worse can be in bringing you into his Company and making him your Counsellor and She makes him her Son's Companion and Counseller making you adhere and stick to him openly and notoriously in the face of the World to the greatest Dishonour of us and you and in prejudice of our Crown and the Laws and the Vsages of the Laws of England the which above all things you are bound to Preserve and Maintain as queux vous estes sovereinment tenuz saves maintenir and therefore he Commands and Chargeth him upon his The King commands him to return notwithstanding any feigned Excuses Faith Amity and Legeance and his own Blessing that he come to him with what speed he can notwithstanding the foresaid Excuses or any other his Mother having wrote that if he would return she would not hinder him car vostre Meer nous ad Escrit que si vous voillez returner ele ne vous disturbereit pas and he could not understand his Vncle should hinder him against the Tenor of his Safe Conduct Given at Lichfield the 18th of March. At the same time King Edward 5 Ibm. King Edward Answers the King of France his Letter concerning his Queen wrote to his Dear Brother the King of France That he had considered his Letters wherein he signified to him he had seriously Discoursed his Sister about the Reason and Things to which he had Answered and that she had told him she desired only to be with him and in his Company as a good Wife ought to be with her Lord que ele vous ad dit qele desire tant de â—sire aâ—ez nâ—ue c. and that the seeming Amity between her and his Nephew Hugh le Despenser was only feigned yet it was convenient to keep it up to gain time and avoid worse things To disprove what she said to her Brother the King of France he reminded him of what great Amity and Kindness she often pretended to Hugh Despenser since her being there and repeats the Intimacy between Mortimer and his Wife and how she was wholly advised and directed by him and did whatever he advised in the same Words and Manner as in the last Letter to his Son and then desires him to restore the Dutchy of Aquitain c. to him without having regard to the wilful humour of a Woman and send him his Pleasure by the Bearer Given at Lichfield March 18. on the same day as before On the 15th
'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
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.
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