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A29169 A continuation of the Complete history of England containing the lives and reigns of Edward I, II & III and Richard the Second / by Robert Brady ... Brady, Robert, 1627?-1700. 1700 (1700) Wing B4187; ESTC R8686 729,577 622

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him many Noblemen and Manning it well with Men at Arms Archers and Seamen about the latter end of this month engaged them before Winchelsey 3 Ib. p. 121. a. c. 77. They make a Truce and took Twenty four large and rich Ships after which Sea Battel the Spaniards made a Truce for Twenty years The Truce 4 Rot. Fran. 23 Edw. III. M. 9 10. The French Truce prorogued above-mentioned that had been made between Calais and Guines on the 13th of October 1348 to continue unto the first of September 1349 was the 2d of May preceding Prorogued so the Word in the Record to the Feast of Pentecost in the year 1356. In August that year Philip of Valois as above died and his Son John succeeded 5 Ib. 24 E. III. M. 2. on the 25th of November next following Commissioners were appointed to Treat with his Commissioners to confirm the last Truce made with his Father to the first of August then next to come which was to be in the year 1351 and 25th of Edward III. Upon a new Treaty this same Truce 6 Ib. M. 8. Dors The same Truce continued Hostilities committed notwithstanding the Truces was proclaimed to continue a whole year longer until the first of August next after that first of August which was to be in the year 1352 and 26th of Edward III. Notwithstanding these Truces were in being there was often something enterprised by each Party against the other 7 Avesbury p. 121. a. c. 78. A. D. 1351. A. D. 1351. 25 Ed. III. The French besieged the Town of St. John de Angely in Xantogne in the year 1351 and made themselves Masters of it 8 Ib. b. c. 80. The English surprised the Castle of Guines the Governor having been corrupted with Money which King Edward pleasantly excused as 9 F. 372. Mezeray hath it saying Truces were Merchandise and that he did no more than follow the Example of King Philip who would have bought Calais This year the King issued his Writs 1 Rot. Clause 25 Ed. III. M. 5. Dors on the 15th of November for summoning a Parlement to meet on the Feast of St. Hillary or 13th of January which was on Friday 2 Rot. Parl. 25 Ed. III. Part 2. n 1. Summons to Parlement from that day it was continued to Monday because many of the Lords were not come and then until Tuesday the Fifth day of the Parlement when Sir William de Shareshall in the presence of the King Lords and Commons 3 Ib. n. 7. The cause of meeting declared declared the cause of Summons setting forth the King's Title to the Crown of France telling them That Philip of Valois had usurped it all his Life and not only so but moved War against him in Gascoign and other Places seising upon his Rights and Possessions and doing the Mischiefs to him by Sea and Land which they well understood in subversion of him and his Realm of England and that in Parlements before that time the Matter had been propounded in behalf of the King and the Great Men as also the Commons had been requested to give their Counsel and Advice fut prie de sibien as Grantz come as Comunes qils ent vorroient doner lour conseil advis what was best to be done and after good Deliberation had they said They knew no other way to advise him than to procure Allies to go against his Adversary by main Force and to do this they promised to aid him with Body and Goods a ceo fair ils lui promistrent de lui aider de corps de avoir Whereupon the King made Alliances beyond Sea and with their Assistance and the help of his good People of England he made War upon him because he could not have a reasonable Peace That the King and his Adversary had often assented to Truces yet his Adversary during those Truces imagining to subdue and deceive the King broke them every way continuing his Malice against him and his Friends That now John his Son after his decease continuing the same wrongs his Father had maintained possessed the Kingdom of France and contrary to the last Truce confirmed and sworn to by both which he had broken in Gascoign and Bretagne and also upon the Sea and had sent to Scotland to continue the ancient Alliance made between them wholly in Subversion and Destruction of the King and his People of England Wherefore the King first of all much thanks his Commons for the Aids they have made him and for the Good-will he had always found in them pur quoi tut ad e primes nostre Seigneur le Roi mercie molt a ces Comunes des Eydes qils lui ont faitz de lour bone volunte qils ad totes voyes trouve en eux c. and prays them les prie they would advise upon these things until Wednesday tant a cest meskerdy preschien suant which was next day and be at Westminster by Sun-rising taust apres le solail lever in the Painted Chamber to deliberate and to hear if the King would say any thing further touching the cause of his Parlement and to shew the King their Grievances if they had any that Remedy might be given them this Parlement Afterwards 4 Ib. n. 8. A Committee of Lords and Commons to meet to confer upon the Business of this Parlement The King sent the Lords or Great Men to them Sir William charged the Commons on behalf of the King le dit Sire William chargea les Comunes de par le Roi to shorten their stay in Town and for the quick dispatch of these Matters and others that might be shewn them from the King that before their departure they would go together in some place at Westminster to choose 24 or 30 Persons out of their whole number to be on the morrow in the Painted-Chamber that the King might send to them some Great Men aucunes des Grantz to confer with them upon the Business aforesaid On Friday 5 Ibm. all the Commons came before the Prince and the other Great Men les autres Grantz in the White Chamber The cause of Summons further declared and inforced where Sir Bartholomew Burghersh gave them an Account of the Malice and falshood of the King's Adversary of France ou fut dit par Monsieur Barthen de Burghersh la Malice la Fausine de son adversair de France how he had broke the last Truce and that lately upon the Sea in Gascoign Bretagne and near Calais and indeavoured by all the Subtilties and Contrivances his Council knew to trouble the King and his Subjects every where and said the Commons ought diligently to advise what seemed and what might be best to do for the King to oppose and check the Malice and falshood aforesaid for the safety of himself his Kingdom and all his Subjects And presently after this Declaration the said Sir William told
the King and Lords to Record their Default and proceed to Judgment Thereupon 2 Ibm. the King and Lords Deliberate upon their Demands until next day being Tuesday when the Justices Serjeants and other Sages of the Law of the Kingdom and also the Sages of the Law Civil were charged by the King to give their Loyal Counsel to the Lords of Parlement how they should proceed in the Case of Appeal The said Justices Serjeants and Sages of both Laws having Deliberated answered the Lords in Parlement That How they were to be Tryed they had noted and well understood the Tenor of the Appeal and that it was done neither according to the Order of one Law or the other Upon which the Lords in Parlement Deliberated and by the common assent of the King and Lords it was declared That in such high Crimes which touched the Person of the King and the State of the whole Realm perpetrated by Persons that were Peers of the Realm with others the Case could not be brought under other Judicature then that of Parlement nor other Law then the Law and Course of Parlement and that it belonged to the Lords in Parlement their Franchise and Liberty of ancient Custom of Parlement to be Judges in such Cases and to Judge of such Cases by the assent of the King to the 3 Ibm. intent that the King and Lords of Parlement shall not be Ruled or Governed by the Civil Law and also that so high a Case should be no where Tryed but in Parlement by Process or Order used in any Inferior Court of the Kingdom which Courts are but the Executors of the ancient Laws and Customs of the Real●● and Ordinances and Establishments of Parlement and the Lords were advised by assent of the King That this Appeal was made and affirmed well and duely Stated and the Process of the same good and effectual according to the Laws and Course of Parlement Upon which the Appellants press the King and Lords again to Record the Default and that Nicholas Brembre who was only in Custody might be brought to answer The Appealed were again called to come and Answer to the said Appellants and came not nevertheless the King and Lords advised for their better Deliberation until the Morrow being Wednesday the 5th of February at which time the said Appellants prayed the King and Lords in Parlement they would Record the Default of the Appealed as before Whereupon the Arch-Bishop of Canterbury for himself and all other Bishops his Suffragans and all other Lords Spiritual of his Province made 4 Ibm. and Append. n. 108. Protestation and delivered it in Writing into Parlement for the saving of their Right of Peerage Sitting and Voting in Parlement tho at present there were such Matters there in Agitation as by the Sacred Canons they might not be present Then the Appealed 5 Ibm. The Appealed appear not by Command of the King and Lords were solemnly called to appear as before and the Appellants alledging they had full notice of the Appeal and the King and Lords being satisfied it was so by reason they came not their Default was Recorded whereupon the Duke and Earls Appellants prayed the King and Lords as before they might be Judged Convict of the High Treasons contained in the Appeal and the said Nicholas brought to Answer The King and Lords took time to Consider and Examine the Articles whether they could give such Judgment in this Case as should be to the Honour of God the Honour and Profit of the King and the whole Kingdom The King Commanded the Lords to Examine the Articles who did with great labour and diligence until Thursday the 13th of February and then declared many of the Articles contained Treason as the First Second Eleventh Twelfth Fifteenth and Sixteenth as also the Eighteenth Twenty ninth Thirtieth Thirty first Thirty second the Thirty seventh Thirty eighth and Thirty ninth were Treason And then upon due Information of their Consciences pronounced the Appealed Guilty and Judged them to be 6 Ibm. Their Judgment Drawn and Hanged as Traitors and Enemies to the King and Kingdom and that their Heirs should be Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and that the Temporalities of the Arch-Bishoprick should be taken into the King's hands And for that the like Case had not been seen in the Kingdom concerning the Person of an Arch-Bishop or Bishop the Lords would Advise by Assent of the King what they may best do for the Honour of God and of Holy Church and the Safety of the Laws of the Land Then the Duke and Earls Appellants prayed Sir Nicholas Sir N. Brembre brought to answer Brembre might be brought to Answer and on Monday the 17th of February the Constable of the Tower brought him into Parlement 7 Ibm. where the Articles of Appeal were read to him to which he pleaded Not Guilty in any Point of them and said he was there ready to make good what he said by his Body as a Knight ought to do The Lords answered Battel did not lie in that Case and that they would examin the Articles touching the said Nicholas and take due Information by all true necessary and convenient Ways that their Consciences might be duly informed what Judgment to give in this Case to the Honour of God the Honour and Profit of the King and his Kingdom as they would answer it before God according to the Course and Law of Parlement During this Examination on Wednesday the 19th of February Sir Robert Tresilian was taken and brought into 8 Ibm. Sir R Tresilian taken and brought into Parlement Parlement and being asked if he had any thing to say which had happened since Judgment passed upon him why execution thereof should not be made for that he had nothing to say it was commanded he should be carried to the Tower and from thence drawn through the City of London and forward to the Gallows at Tyburn and there to hang by the Neck and that the Execution should be done by the Marshal of England taking to his Assistance the Major Sheriffs and Aldermen of London And he was Executed the same Day On the morrow 9 Ibm. Sir N. Brembre Sentenc'd and Executed which was the 20th Day of February Sentenc'd and Executed Sir Nicholas Brembre was brought into Parlement when the Lords by diligent Examination due Proof and Information found him Guilty of High Treason and they Awarded by Assent of the King as a Traitor and open Enemy to the King and Kingdom he should be Drawn and Hanged his Heirs for ever Disherited and his Lands Tenements Goods and Chattels forfeit to the King And he was Executed on the same Day and in the same manner as was Robert Tresilian It was the Intention 1 Ibm. The Parlement Judge the King innocent notwithstanding the Appeal and Articles of all the Lords of Parlement Spiritual and
Droiturel Naturel Soveraign Seigneur de sa Grace especial prist la Batail en sa mayn And it was said to the Duke of Hereford That the King by full Advice Authority The King by Advice of those who had the Authority of Parlement stayed the Battel And banish'd the Duke of Hereford for 10 years Note the Duke of Hereford's Father John Duke of Lancastir was chief in this Advice and Judgment 6 Ibm. The Duke of Norfolk banished by the same Advice and Authority and Assent of Parlement le Roy par plein Avys Auctorite Assent du Parlement Willed or Ordained and Adjudged for the Peace and Tranquillity of him his Kingdom and Subjects and to eschew Debates and Troubles especially between the Dukes their Friends and Well-willers That the Duke of Hereford should go out of the Kingdom for Ten Years and be gone within Eight Days after the Day of St. Edward the Confessor or 13th of October upon pain to incur Treason by Authority of Parlement Also it was Ordained by Authority and under the pain aforesaid That the Duke of Hereford should not come in the Company of Thomas Duke of Norfolk nor of Thomas Arundel nor send or cause to be sent or receive or cause to be received by Message or otherwise to or from either of them It was then also 6 said to the Duke of Norfolk That forasmuch as at Windsor the 29th of April in the 21st of the King he had confessed certain Points of the Appeal or Schedule abovesaid which he had denied at Oswaldstre on the 23d of February foregoing which were very likely to have bred great Trouble within the Kingdom The King desiring to punish as Rightful Lord all such as were the Authors of such Troubles and Debates and also willing to avoid the Occasions of them Adjudged and Ordained by the same Advice Authority and Assent of Parlement That Thomas Mowbray Duke of Norfolk should void his Realm voidera son Roialme for term of Life and that he shall be out of the Kingdom by the 20th of October next coming and remain in Germany Bohemia and Hungary and in other Parts of Christendom upon pain to incur Treason by Authority aforesaid and that he should not come in the Company of the Duke of Hereford nor of Thomas Arundel nor send or receive c. as before in the Duke of Hereford's Case upon the same pain And it was Ordained by Authority of Parlement as above That if either of the Dukes or any other do procure any thing to be done against the least point in the Ordinance or what was done on the 16th of September shall incur the pain of Treason as if it had been done against any Ordinance of the Parlement begun at Westminster and adjourned to Shrewsbury or if they or any other for them shoulk seek for any manner of Pardon or Licence to return home they were to incur the same pain by the same Authority On Tuesday on the morrow of St. Edward the 14th of October next following the King with the 7 Stat. at Large 21 Ric. II. c. 16. These things though in the 22d year are entred on the Parlement Roll 21st as part of that Parlement Ordinances and Statutes made at Bristol Dukes of Lancaster York Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Salisbury and Glocester John Bussy Henry Green and John Russel by Virtue and Authority to them committed in Parlement at Bristol made certain Ordinances and Statutes Five whereof are printed in the Statutes at Large Cap. 16 17 18 19 20. the last whereof relating only to our Purpose and varying in Print somewhat from the Roll I have added to it what was wanting Also the King on the same Tuesday on the morrow of St. Edward by the same Assent of the Lords and Knights of Counties so assigned by the said 8 Rot. Parl. 21 Ric. II. n. 85. so entred though it was in the 22 Ric. II Not to be repealed under pain of Treason Authority of Parlement doth Ordain That every Person that procureth or pursueth to Repeal or Reverse any of the said Statutes or Ordinances made by the King by the Assent of the said Lords and Knights assigned by Power and Authority of Parlement and that duly proved in Parlement shall be Adjudged and have Execution as a Traitor to the Kingdom in like manner as they which Pursue or Procure to be Repealed the Statutes and Ordinances made during the time of the said Parlement After this Provision made for the sure keeping of the Statutes The Oaths of the Bishops and Lords enlarged and Ordinances made by the King with the Assent of the Lords and Knights assigned by Power and Authority of the Parlement the Oath of the Bishops when they received their Temporalties of the Temporal Lords when they had Livery of their Lands and Tenements were enlarged with these Additions To the Bishops Oath was added 9 Ibm. n 86. The Additions to the Bishops Oath You shall Swear That well and truly vous jurez que Bien Loyalment Tendrez Sustendez Esterrez sanz fraud on mal Engyn ove touz les Estatutes Establishments Ordenances Jugements faits c. you will Hold Vphold and Stand with without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made and rendred in the Parlement summoned and begun at Westminster on the Monday next after the Exaltation of Holy Cross in the Year of the Reign of our Lord King Richard II. after the Conquest Twenty one and from thence adjourned to Shrewsbury to the Quinden or 15 Days after St. Hillary then next coming and there ended And also all the Statutes and Ordinances made after the said Parlement by the King and Lords and Knights of Shires coming for the Commons to that Parlement without going or doing to the contrary of any of them or the Dependants on or Parcel them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Regaly Liberty and Right of his Crown To the Oath of the 1 Ibm. Temporal Lords was this further Addition You shall Swear That you will never suffer in time to come any Man The Addition to the Oath of the Lords Temporal living to go or do anything to the contrary of any of the Statutes Establishments Ordinances and Judgments above-said nor any Dependants on or Parcell of them And if any one shall do so and be thereof duly Convict you shall use your utmost Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High Traitor to the King and Kingdom saving to the King is Regalie Liberty and Right of his Crown At Handenstank on the 26th of October this Year Commissioners A.
and zour own Writing upon which ze made and ordeyned zour Procurators the Ersbysshopp of Zork and the Bysshopp of Hereford for to notifie and declare in zour Name thes Renunciacion and Cession at Westmynstre to all the Stotes and all the People that was ther gadyrd bycause of the Sommons forsayd the whiche was done zesterday by thes Lordes zour Procuratours and wele herde and understonden thes Renunciation and Cession were pleinelich and frelich accepted and fullich agreed by all the States and People forsayd And over this Sire at the instance of all thes States and People there were certain Articles of Defauts in zour Governance redde there and though we le herd and pleinelich understonden to all the States forsayd hem thoght hem so trewe and so notoric and knowen that by the Causes and by mo other os thej sayd and having consideration to zour owne Wordes in zour own Renunciacion and Cession that ze were not worthy no sufficient ne able for to Govern for zour owne Demerites os it is more pleinerlich contened therein hem thoght that wos reasonable und cause for to Depose zowe and her Commissaries that her made and ordeined os it is of Record ther declared and decreed and adjudged zowe for to be Deposed and Pryved and in dede Deposed zowe and Pryved zowe of the Astate of Kyng and of the Lordeship contened in the Renunciacion and Cession forsayd and of all the Dignity and Wyrsshipp and of all the Administration that longed therto And we Procuratours to all these States and People foresayd os we be charged by hem and by hir Auctorite gyffen us and in her Name zelde zowe uppe for all the States and People soresayd Homage Liege and Feaute and all Legeance and all other Bondes Charges and Services that longe therto And that non of all thes States and People fro this tyme forward ne bere zowe Feyth ne do zowe Obeysance os to thar Kyng And he answered and seyd That he loked not therafter but he seyd That after all this he hoped that is Cosyn wolde be good Lord to hym And further to compleat his Design on the 1 Rot. Claus 1 Hen. IV. part 1. M. 37. Dors Summons of Parlement 30th of September he by Information of the Arch-Bishop That by the Acceptation of the Renunciation of King Richard his Cession and Deposition this Parlement was determined issued in his own Name Writs to the Lords and for Elections of Members Knights Citizens and Burgesses of the House of Commons to meet on Monday next following being the Day of St. Faith and all this to be done and Returns made in six Days time So as these were the same Members who had been Summoned by King Richard to meet on the morrow of St. Michael as appears beyond Contradiction from the Writs 2 Append. n. 114. for their Expences which were Dated on the 19th of November the last Day of the Parlement and they were allowed their Expences for Fifty one Days besides the time of coming to and returning from Parlement in which Fifty one Days was included the 30th of September and all the Days between that and St. Faith's Day the 6th of October to make up the Number In this Parlement 3 Rot. Parl. 1 Hen. 4 n. 1. Pronunciation du Parlement or Declaration of cause of Summons The Cause of Summons Summoned and Holden at Westminster by King Henry IV. on Monday the Day of St. Faith which was the 6th of October in the first Year of his Reign sitting on his Royal Seat in the Great Hall at Westminster in the Presence of him and all the Lords Spiritual and Temporal and Commons and many other Gentlemen and Commons in great Number Thomas de Arundel Arch-Bishop of Canterbury declared the Cause of Summons and rehearsed how on Tuesday last past on the morrow of St. Michael King Richard II. after the Conquest summoned his Parlement to be then holden which Summons was of no force or effect by reason of the Acceptation of the Renunciation made by King Richard and the Deposing of him as without doubt he had informed King Henry before he issued his Writs for this Parlement And then proceeds That on the same Tuesday 4 Ibm. n. 2. in Presence of King Henry the Lords Spiritual Temporal and Commons he shewed that this Honourable Kingdom of England being the most abounding Angle with Riches had been a long time Governed by Children and the Counsels of young People so as the Kingdom was in point of Perdition and great Desolation and Mischief mightily to be lamented if it had not been that Almighty God of his Great Grace and Mercy had sent a Knowing and Discreet Man for the Government of the Nation who by the Aid of God will be Governed and Counselled by the Sages and Ancients of his Kingdom for the Aid and Comfort of himself and the whole People And said further That Men ought especially to consider how this Honourable Kingdom could so long continue under such mischievous Government Waste and Destruction which if it had been under Good and Just Government by Sage and Sufficient Counsel as it ought of Right it would have been in Riches Goods and other Advantages the most considerable of any Kingdom in the World 5 Ibm. n. 3. Et sur ceo mesme Lercevesque prist pur son Theame le Parole de Machabeorum primo in disent Incumbit nobis ordinare pro Regno And then the Arch-Bishop took for his Theme the Words in the first of Machabees saying Incumbit nobis ordinare pro Regno 1 Mac. Chap. 6. Vers 57. They are the last Words of a very long Verse and nothing to his Purpose nor what went before or what follows after The English Version is thus The Affairs of the Realm depend upon us But to go on with his Harangue Incumbit nobis ordinare pro Regno cest a dire c. That is to say It is the King's Will to be Counselled and Governed by the Honourable Sages and Discreet Persons of his Kingdom and by their Common Counsel and Assent do the best for the Government of himself and his Realm not desiring to be Governed by his own Will voluntary Purpose or singular Opinion but by Common Advice Counsel and Assent as abovesaid And the same Archbishop said further mesme Lercevesque dit outre There was not such a Kingdom in the World that could live without the Assistance of other Kingdoms so Honourably so Graciously and so Fully si honourablement ne graciousment ne plentiousment as might the Honourable Kingdom of England which God keep safe and maintain 6 Ib. n. 4. And upon this he alledged certain Authority saying Quod inter omnia regna hoc principatum tenet Of all Kingdoms this is the chief and shewed That to the Government of every Kingdom Three things especially were required that is to say Justice The Observation of the Laws And that every Person should rule
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias B●llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
to the Precept he had recovered Seisin by the Jugment of the Guardians When John King of Scotland disseised him again of the same Lands and Tenements and that he might not further prosecute his Right imprison'd him and caused an unjust Judgment to be given against him in Contempt of the King of England and Superior Lord of Scotland and to his own great Damage The King of Scots 5 Ibm. f. 158. The King of Scots appears appeared before the King and his Council in his Parliament after Michaelmas and denied all Contempt of the Lord his King and said he had not Day to Answer the said Magdulph who Replied He had that very Day appointed him to Answer by the King 's 6 Ibm. fol. 154 155. the Writ it self The Particulars of the Pleadings on both sides Writ delivered to him by the Sheriff of Northumberland at Strivelin on the morrow after St. Peter in Bonds that is the 2d of August which sufficiently appeared by the Return of the Sheriff and the King of Scots being asked whether he had the Writ delivered to him by the Sheriff confessed it and was then urged to answer 7 Ibm. f 158. when He said he was King of Scotland and that he dare not Answer to Magdulph ' s Complaint or any thing that concerned his Kingdom without the Advice of his Subjects sine Consilio * These Probi homines could not be the Common or Ordinary People proborum hominum Regni sui and Magdulph demanded Judgment against him as saying nothing 8 Ibm. f. 159. Then he was told by the King he was his Liege-Man and did unto him Homage and Fealty for the Kingdom of Scotland and was ordered to come thither to answer or say why he would not or ought not to answer before him and he said as before The K. of Scots dare not Answer without advice of his People That he Could not nor Dare answer to any thing that concerned his Kingdom without consulting his People inconsultis probis hominibus Regni sui Vpon this he was told he might require another Day he answered He would require none It was then agreed That the Principal Plea belonged to the King and that he made no Defence against Magdulph 9 Ibm. and because he would not require Day or shew Cause why he ought not to Answer in Elusion of the King's Jurisdiction and Superiority it was Judged a Contempt and Disobedience to him and that Three of his Principal Castles of Scotland should be Seized into his Hands and so remain till he had given Satisfaction for his Contempt and Disobedience But before the Pronounciation of the Sentence he came before the King and his Council and made Supplication to the King with his own Mouth ore suo proprio and Delivered it unto him with his own hand in Writing in 1 Ibm. f. 159 160. He Petitions K. Edward for leave to advise with them and for longer time French to this purpose Sire jeo suy vostre home du Royalme de Escoce c. Sir I am your Man of the Realm of Scotland and pray you for what I am come hither for which concerns the People of my Kingdom as well as my self That you would forbear me while I speak with them that I may not be surprized for want of Advice for that those that are with me will not nor ought to advise me without others of the Realm and when I have advice from them I will answer at your first Parlement after Easter and will behave my self towards you as I ought to do The King advising hereupon at the Instance of the Great Men of his Council and with the Consent of Magdulph granted his Prayer and gave King Edward grants his Request him Day until his Parlement after Easter on the Morrow of the Holy Trinity This is what is to be found in Ryley's Parliament Pleas about this Case and now we return to the Record again Which 2 Rot. de Superioritate Regis Angliae c. ut supra The K. at War with France and Wales Parlement at St. Edmunds-Bury A. D. 1295. 23 Ed. 1. tells us That on that Day the Parlement ceased or was not holden Parliamentum cessavit sive non tenebatur for that the King was Engaged in War lately raised against him in divers Countreys as with the King of France in Gascony and with the Welsh in Wales Yet the suit between the King of Scots and Magdulph which had begun before the Justices of the King's-Bench in Parlement was Continued and Prorogued Loquela c. Continuata fuit Prorogata To the Parlement next to be holden which was afterwards Summoned to be at St. Edmunds-Bury on the Feast of St. Martin in Winter that is November 11. which was in the 23d Year of King Edward and in the Year from the * The Publick Notary that Drew up this Record always begins the Year at Christmas Nativity of the Lord 1295. The King of England 3 Ibm. Magdulph prosecutes his Plea in that Parlement The King of Scots appears not but sends his Excuse was at St. Edmunds-Bury that day and there held his Parlement where Magdulph strenuously prosecuted his Plea But the King of Scots instead of appearing in Person sent the Abbot of Abirbrothok with other Noblemen of that Kingdom to King Edward with Letters to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed at the Day given or appointed him Quod nec tunc nec prius juxta quod Diem habuerat ad Curiam suam in praeteritis Parliamentis accesserat Excusavit pretending certain Causes of Excuse that he could not come in his own Person This Abbot 4 Ibm. The Abbot and others that came to Excuse the K of Scots Demand Satisfaction for Injuries done them The Answer to their Demands and those that came with him brought not only an Excuse but a Quarrel and Demanded of King Edward Satisfaction for many and great Injuries Oppressions and Grievances sustained by the Scots from his Subjects To whom after deliberation this Answer was given That the King of England for certain Causes was coming toward the North parts and that the King of Scots should then have sufficient Recompence to his own Content for all Injuries could be proved done to the Scots by his Subjects of England and then appointed him a Day in the same Parlement by the Continuation and Prorogation of the Justices representing his Person against Magdulph the First Day of March next following The King of Scots summoned to appear at a Parlement at Newcastle at Newcastle upon Tyne Then expecting his being there enjoyn the Abbot and those with him to give Notice to their King he should then Personally appear to Treat with the King of England about the Premisses and other Things touching the State and Tranquility of both Kingdoms and their Inhabitants While the King was
and our Statute-Books goes by the Title of Confirmatione Chartarum was Sealed and Dated the 10th of October and is to be found upon the Statute Roll 25 Ed. 1. M. 38. with this Memorandum at the End of it that this very Charter or Confirmation The Confirmation of them Sealed in Flanders word for word was Sealed in Flanders with the King 's Great Seal at Gaunt the 5th Day of November in the 25th year of his Reign and sent into England a sure Sign Sir Edward Coke never saw the Original of this nor of the Statute de Tallagio non Concedendo who placeth them in the 34th of this King On the 8 Append. N. 34. The Earl-Marshal the Constable and Lord Ferrers Pardoned and by what Mediation Statute-Roll there is a Destinal Pardon for the two Earls the Lord Ferrers c. somewhat differing from that in the Printed Statutes Dated at Gaunt on the same Day procured at the special Prayer and Request of his Son Prince Edward his Lieutenant in England William Bishop of Ely William Bishop of Bath and Wells Richard Bishop of London Walter Bishop of Litchfield and Coventry Henry Elect of York Edmund Earl of Cornwall John Warren Earl of Surrey and Sussex William Beauchamp Earl of Warwick and the others of his Council with his Son in England 9 Registrum Winchelsey in Doctors-Commons fol. 227. a. b. and 228. a. b. This Pardon had been doubly granted before by the Prince and by his Council in two Instruments or as they are called Letters-Pattents one of the Prince the other of his Council Dated October 10. and Sealed with their own Seals because the Great Seal of England was with the King At the same time also they Vndertook and Bound themselves to secure them from any Dammage which might happen to them from the King and procure them this very Pardon Things thus compos'd in England there was a Truce or as 't is A Truce between the two Kings and their Allies for a short time called in the Instrument it self A 1 See Bundle of Writs of Privy-Seal in the Tower And Pryns Hist Ed. 1. f. 757. Sufferance or Forbearing all Acts of Hostility by Sea and Land between the King of England and his Allies on the one Part and the King of France and his Allies on the other until the Feast of Epiphany for the Duchy of Aquitain and for the Earldom of Flanders and all other Parts until the Octaves of St. Andrew or the 7th of December Dated on the Feast of St. Denis that is October 9th in the Year of Grace 1297. in which there are the Names of the English Confederates That is to say the King of Almayn or Emperor the Earl of Flanders the Earl of Savoy the Earl of Bar the Duke The King of England's Allies or Confederates of Brabant the Earl of Holland the Earl of Montbeliard John de Cholon Seigneur Darly John de Burgonig John Lord of Moamtfancon Walter his Brother the Lord of Newcastle the Lord Dosselier the Lord of Fanconby the Lord of Jour the Lord of Conkendary Simon de Montbeliard Lord of Montron Stephen Doissler Lord of New-Town de Ville Neove and many others of Burgoinge Almaigne Brabant Holland Gascoinge and Arragon and others of which the Names were not known And by this Sufferance all Trade or Commerce was to be Exercised as at other times This was inclosed in Letters 2 Ibm. and Pryns Hist f. 758. The Truce sent into England under Privy-Seal dated at Gaunt the 15th of October in the 25th of his Reign and sent to his Son enjoyning him to see it kept in all points through the Realm and 3 Claus 25 Ed. 1. M. 26. Dors in cedula to that purpose on the 20th of October he sent it to all Ports in England to be Proclaimed and strictly Observed in all its Articles On the next Day setting forth that the Scots despising their The Scots despise their Oaths of Homage and Fealty Oatbs of Homage and Fealty and not content to have Broken the Peace before to have Killed his Subjects and done many other great Mischiefs 4 Ibm. They enter England burn and waste all before them The King summons the Service of Earls Barons c. to suppress them had then Entered England Burning and Wasting the Country slaying his People and destroying all before them sent his Summons to 200 Earls Barons Knights Abbats and others to be ready at Newcastle upon Tine on St. Nicholas-Day or 6th of December with their Service of Horse and Arms to go with his Son against the Scots to suppress their Rebellion and defend his own Kingdom By Commissioners on both sides the Sufferance or forberance of Hostility was prolonged and continued until Lent then next coming the 5 Bundle of Writs Pryn ut supra f. 756 757. The Truce between the Two Kings prolonged Instrument whereof was sealed with their Seals and dated at Grolingues Abby near Courtray in Flanders Nov. 23. 1297. In this Instrument also are contained the Names of King Edward's Confederates as before In the 24th of this 6 Walsingh Hist f. 64. 1. 5 c. n. 10. King in the year 1296 the Cardinals of Albanum and Praeneste had been sent by the Pope first into France then into England whether they came about Whitsuntide to make Peace between the Two Kings and expected the Two Cardinals sent to persuade Peace or make a Truce for two years King's coming out of Wales until the first of August when they delivered their Message and persuaded to Peace or a Truce for Two years The King answered he could agree to neither without the Consent of the King of the Romans by reason of the League between them confirmed by Oath They Request the King to obtain his Consent which in Reverence to the Court of Rome he granted and they returned into France The King as they desired 7 Bundle of Letters and Writs in Jurie London 24 25 Ed. I. and Pryn Hist Ed. I. from fol. 748 ●0 fol. 764. wrote to the King of Almaign or Romans to send his Commissioners to Cambray to the Cardinals with Power before them to Treat of and Conclude a Truce Honourable and Beneficial for them both Many Commissions were granted and Commissioners 8 Ibm. A● ways propounded for a Peace or Truce prove ineffectual appointed on both sides at several times and References made to the Pope But when all these Ways proved ineffectual the Pope by his own Authority took upon him to denounce and declare a Truce for Two years under pain of Excommunication to such as should not submit to it 9 Walsingh ut supra f. 69. n. 50. The Pope by his own Authority declares a Truce for two years This the Cardinals published without success as appears by their Letter or Manifesto published for the knowledge of all People in which are contained the Minutes or Heads of
and of our Kingdom according to Right and Reason We Grant by these our Letters to such as may be chosen by the Prelates Earls and Barons whoever they shall be full Power to Ordain the State of our Houshold and of our Kingdom abovesaid in such manner as their Ordinances be made to the Honour of God to the Honour and Profit of Holy Church and to the Honour of us and our Profit and to the Profit of our People according to Right and Reason and the Oath which we made at our Coronation And we Will that those which are chosen and all under our Dominion and of our Ligeance shall observe and keep the Ordinances to be made in all Points and that they may secure the Observation of them they may Bind themselves and Swear to one another without being questioned by us or our Friends and if peradventure it shall happen that part of those which shall be chosen to make the said Ordinances shall be hindered by Death Sickness or other reasonable Cause which God forbid so as they cannot perfect the said Ordinances then it shall be lawful for such as are present to Proceed by themselves or call such other to their Assistance as shall be most for the Honour of us the Profit of us and our People In Witness of these things we have caused to be made these our Letters Patents Given at Westminster the 16th day of March. The very day following the Prelates Earls and Barons or at least as many of them as might then be in London 1 Append. n. 51. An Instrument made by the Nobility to the King concerning the Commission above made an Instrument to the King wherein after they had repeated this Grant and Commission they grant and promise for them their Successors and Heirs That the Grant which their most Dear Lord their King had made as abovesaid should not at any other time be drawn into Custom or Usage nor turn to the prejudice of the King or his Heirs or of them their Successors or Heirs nor to the damage of any one against Right and Reason nor That the Grant aforesaid may in other manner be intended or claimed properly from his Courtesie and Free Will or Pleasure and that the Power of the said Ordainers as to making the Ordinances should not indure longer than the Time limited In Witness whereof they put their Seals to these their Letters Patents Given at London the 17th Day of March in the Year of Grace 1309. and the Reign of their Lord the King the Third They lost no time after they had their Commission for within three days the Ordainers were chosen and sworn They were these 2 Claud. D 2. f. 295. a. in Biblioth Cotton under-written The Arch-Bishop of Canterbury Bishops of Earls of Barons London Gloucester Hugh de Ver. Salisbury Lancaster William le Marshall Chichester Lincoln Robert Fitz-Roger Norwich Hereford Hugh Courtenay St. David's Pembroke William Martin Landaffe Richmond John de Grey   Warwick     Arondell   The Oath was this 3 Ibm. as 't is translated from the Old French I will make such Ordinance as shall be to the Honour of God the The Ordainers Oath Honour and Profit of Holy Church and to the Honour of our Lord the King and to the Profit of him and of his People according to Right and Reason and according to the Oath which our Lord the King sware at his Coronation And that I will not forbear for any Man Rich or Poor nor for Love or Hatred nor any other thing But will make such Ordinance in Form abovesaid 4 Ibm. And then after the Form of taking of it 't is noted in Latin That Factum fuit Receptum praedictum Juramentum c. The said 5 N. 52. Oath was made and taken in the Form aforesaid according to the King's Will and special Command on Friday the 20th of March in the Year of our Lord 1309. in the Third Year of the Reign of King Edward the Son of King Edward at Westminster in the Great Painted Chamber of the said King The Ordinances themselves are transcribed from the Parlement-Roll and Printed in the Appendix and were to this Effect and according to this Sense and Tenour For that the King was Deceived by Evil Counsel and the Nations of Gascoigne Ireland and Scotland in danger to be lost and the Realm of England to be ruined by Oppressions Prizes Takings and Destructions therefore Robert Arch-Bishop of Canterbury the Bishops Earls and Barons Chosen according to the King's Commission did Ordain to the Honour of God and Holy Church and the Honour of the King and his Realm in manner following 1. That Holy Church have all its Franchises as it had before The Ordinances and ought to have 2. That the King's Peace be kept throughout the Realm so as any Man may safely go come and stay any where according to the Law and Usage of the Realm 3. It is Ordained for the Payment of the King's Debts the Bettering and more Honourable Maintenance of his Estate That nothing of Lands Rents Franchise Escheat Ward Marriage Office or Bailiwick be given to any of the Ordainers during the time of their making Ordinances nor to any other Person without the Advice and Assent of the Ordainers or the greater Part or Six of them at least but that all things may be improved to the Honour and Profit of the King and Advancement of his Estate 4. That the Customs be Received by Persons of the Realm and not by Strangers that the Issues and Profits of them and all other things do come entirely into the Exchequer and be delivered thence by the Treasurer and Chamberlains for to maintain his House or Court and otherwise to his Profit that the King may live of his own without taking any other things than anciently due and accustomed 5. That the Merchants Aliens and their Goods be Arrested while they have given Account of the Customs and other Profits and Issues of the Realm they received since the Death of King Edward the Father of this present King before the Treasurer and Barons of the Exchequer and others to be joined with them by the Ordainers 6. That the Great Charter be kept in all its Points and that the Ordainers and such as they shall call to their Assistance during their Power shall declare all obscure and doubtful Points in it 7. For that the Crown was so abased and dismembred by divers Gifts it was Ordained That all the Gifts Granted to the Damage of the King and Distress of the Crown after the Commission to them made of Castles Towns Lands Tenements Offices or Bailiwicks Wards Marriages Escheats and Releases whatsoever as well in Gascoigne Ireland Wales and Scotland as in England should be Repealed and were declared Repealed without any Regranting to those that had them unless by common Consent in Parlement or if any such Gifts or Releases were afterwards made without Assent
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
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 ●sire a●ez n●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
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 no●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.
to Henry Bishop of Lincoln William Earl of Salisbury and William Earl of Huntington who were sent into Flanders and before the Month of May was ended 2 Rot. Aleman 11 Ed. III. M 9 10 11. A. D. 1537. What Men they were to find and what their Wages and Stipends they contracted with several Noblemen and others in Haynault Guelderland and Juliers to assist the King against France together with what Number of Men every of them were to find to serve the King and the Wages and Stipends or as now called Pay they were to receive for so doing In a very short time after 3 Ibm. 4 German Princes enter into Alliance with K. Edw. Reginald the Second Earl of Gueldres and Zutphen who Married Eleonora the King's Sister and William Marquess of Gulick came into the Alliance as also 4 Ibm. Rupert Count Palatine of the Rhine Duke of Bavaria Lewis the Emperor 5 Ibm. entred into a Confederacy with King Edward by which they obliged themselves and Heirs to Assist each other with all their Power to recover their Inheritances and Possessions Lewis the Emperor joins with him John Duke of Lorrain c. with-held from them by Philip of Valois About the same time 6 Ibm. M 8. And many petty Earls Lords retained to serve him John Duke of Lorrain Brabant and Lemburgh was retained for King Edward and many petty Earls and Lords In the same Year the 11th of Edward III. several of the same Confederacies are entred upon the 7 M. 1. 6. 11. The Wages of Retainers better than 18 d. a day A Man at Arms better than 18 d. a day Scots Roll where in some of them the Wages was expressed which was allowed by the King to his Retainers for every Man at Arms they brought into his Service by the Month viz. 15 Florens of Florence which was 45 s. Sterlin better than Eighteen pence a Day great Wages at that time The Allies and Confederacies on the French side were the 8 Du Chesue f. 646. C. The King of France his Confederates Bishop of Liege John King of Bohemia and Earl of Luxemburgh Henry Count Palatine of the Rhine Aubert Bishop of Metz Otho Duke of Austria Theodore Marquess of Montferrat Ame Earl of Geneva Gefrey Earl of Linanges Waleran Earl of Deux-Ponts Henry Earl of Vandemont John Earl of Sarbruck Imbert Bastard of Savoy and many other Lords and Captains of Almain Spain Franch-County Dauphine Savoy and other Countries the Scots and Duke of Lorrain Having made these Alliances against France King Edward before any Acts of Hostility 9 Rot. Alman 11 Ed. III. n. 13. A. D. 133● Commissioners sent by K. Edw. to K. Ph. to treat about the Right of the Crown of France and to which of them it belonged constituted the Bishop of Lincoln the Earls of Salisbury and Suffolk and John Darcy his Agents by Commission Dated October 7. to Treat cum Magnifico Domine Principe Domino Philippo Rege Franciae Illustri with the Magnificent Prince Philip the Illustrious King of France or his Commissioners concerning the Right of that Crown and to which of them it belonged And by another 1 Ibm. They were also by another Commission impowered to treat about Aquitan c. and also a happy Peace Commission the same Persons were impowered to Treat upon all Controversies and Demands whatsoever relating to the Dukedom of Aquitan or other Parts beyond Sea and also of a happy and perpetual Peace Yet the same Day considering the famous Kingdom of France was lawfully devolved to him by Right of Succession and that he had claimed that Kingdom as his Inheritance he 2 Appen n. 85 B. A Commission to the Duke of Lorrain and Brabant to be Viceroy of France made John Duke of Brabant and Lorrain his Lieutenant Captain and Vicar-General there granting and committing to him meer Empire the Power of the Sword and all Jurisdiction high and low the Conusance and Decision of all Questions or Cases as well Criminal as Civil with Power to appoint Judges and Ministers as he pleased for the good Government of the Kingdom according to the Laws thereof The same Commissions were 3 Ibm. The same Commission to others granted and made to William Marquiss of Juliers William Earl of Henault and William Earl of Northampton to each of them severally the Words King of England and France and King of France and England being transpised that is sometimes England was put before France in these Commissions and sometimes France before England These Commissions so made he directed his 4 Ibm. He sent his Writ to all the great Persons of France and others to obey his Viceroys Writs of the same Date to the Arch-Bishops Bishops Dukes Marquisses Earls Barons and all other Persons in the Kingdom of France whatsoever commanding them willingly and freely to receive the said Duke and obey him in all things as if he were present himself letting them know That to the Obedient he would be very kind and to the Stubborn very severe The same Commands were directed to them in the Names of The same Commands were to obey others Marquiss of Juliers the Earls of Hanault and Northampton particularly and severally with the same transposition of Words King of England and France What were the Effects of these Commissions of Treaty and Lieutenancy I find not The Pope taking notice of these things to prevent the War between The Pope mediates a Peace between the two Kings the Two Nations sent to both Kings Peter Priest-Cardinal of St. Praxed and Bertrand Deacon-Cardinal of St. Mary in Aquizo if it might be to take up and end all Controversies between them 5 Rot. Fran. 11 Ed. III. M. 2. Dors Upon their Application to King Edward a Truce in hopes of a Peace to follow was obtained until the morrow after Candlemas in the 12th of his Reign It was thence continued 6 Rot. Alman 12 Ed. III. M. 36. to the first of March and from that time to 7 Rot. Alman 12 Ed. III. M. 36. Midsummer following if the King of France would agree to it But he not complying with the Terms of the last Continuation of the Truce King Edward was advised to declare it null which was done on the 8 Ibm. M. 16 6th of May and further to pass beyond Sea to confer with his Allies in prosecution of his Design against France He took the Advice and went to Antwerp But before he went the Cardinals prevailed with him to direct a 9 Rot. Alman 12 Ed. III. Part 1. M. 5. A. D. 1338. Commission Dated June 21. to John Arch-Bishop of Canterbury the Bishop of Durham Robert de Vfford Earl of Suffolk Sir Geofry le Scrop Kt. and Mr. John Vfford Arch-Deacon of Ely with full Power to treat and conclude all things in variance between them in order to a full and final Peace And by another
name of a Statute as being prejudicial and contrary to the Laws and Vsages of the Kingdom and the Rights and Prerogatives of the King But for that there are some Articles in the same Statute which are reasonable and agreeable to Law as in the Revocation in print 't is agreed by the King and his Council that those Articles and others accorded in this present Parliament shall be made into a new Statute by the advice of Justices and other Sages which shall be perpetual The Necessitous Condition of the King's Affairs requiring 20000 20000 Sacks of Wooll to be Transported Sacks of Wooll to be 5 Rot. Parl. 15 E. III. n. 45. transported before Michaelmas next coming it was provided That no Man before that time should send over Sea any Wooll on pain of thrice the value and loss of Life and Member How this Arch-Bishop was prohibited and kept from entring in at the Door of the Painted Chamber where the Parliament sate by Two Serjeants at Arms placed there by the King we have it in Birchington the Monk of Canterbury 6 Hist Sacr. vol. 1. f. 39 40. The Arch-Bishop not permitted to enter the Painted Chamber where the Lords sate in Parlement in his Life On Saturday the Feast of St. Vital or 28th of April being the sixth day of the Parliament he came to Westminster and to the Door of the Painted Chamber The Serjeants told him they could not permit him to go in To whom he said the King called him to Parliament by his Writ That he was after the King the greatest and ought to have the first Voice ego sum major post Regem primam vocem habere debens That he challenged the Rights of his Church of Canterbury and demanded entrance into the Chamber but the Serjeants expresly denied it to him and to the Bishops of London and Chichester who were with him Then advancing his Cross he told them That he would not depart from that place until the King should command him at length staying there the Ea 〈…〉 of Northampton and Salisbury coming out he desired them to acquaint the King with what had been done and that they would request him in his Name to preserve the Right of the Church of Canterbury At last with his Fellow Bishops and the Bishop of At last he was permitted to enter Ely he was admitted into the Chamber where Treating with the Prelates and Peers of the Land the King withdrew On Thursday following being the 3d of May in full Parliament he with Ten Bishops Eight Earls Four Abbots Eight Barons all And admitted to favour by the supplication of Great Men. there named the King's Chamberlain John Darcy Bartholomew Burghersh the Mayor of London the Barons of the Cinque-Ports and Knights of the Community of England ac militibus communitatis Angliae appeared before the King and supplicated him for the Arch-Bishop who admitted him into favour but did not then as Birchinton affirms excuse him wholly from his Crimes as is clear from the Parliament Records above cited Not long after the Dissolution of this Parliament Lewis the Emperor 7 Append. n. 90. wrote to King Edward That Philip King of France had given him Authority by his Letters to Mediate a Peace between The Emperor by Letter offers his Mediation of a Peace with France them which tho incumber'd with many and weighty Affairs he was willing to undertake it being very expedient for and advantageous to himself Kingdom and Allies if he would give him like Power by his Letters to Treat of and make a Peace or Truce for a year or two Nor as he says ought the Friendship enter'd into and contracted between him and Philip King of France move King Edward for since he had made Truce and Agreement meaning the Truce at Tournay with Philip without his knowledge will or assent by advice of his Princes who knew his Leagues Agreements and Unions to whom it seemed he might with Honour make Agreement and Friendship with the King of France he had contracted and enter'd into Union with him And for the Causes before noted he revoked his Commission by which he had made him Vicar of the Empire yet certainly letting him know that in his Mediation and Treaties he would provide for him like a Brother and if he would acquiesce in his Advice his Cause should be brought to a good end by his assistance And for his further intimation he sent to him one of his Chaplains who he desired might speedily be sent back These Letters were dated at Francfort June the 24th To which Letter King Edward sent his Answer 8 Append. n. 91. That he had received it with Respect and then reciting the chief Contents King Edward by his Letter refuseth to accept it of it commends his Zeal for making an Agreement between him and Philip of Valois giving him notice That he always wish't for a reasonable Peace with him which he had prosecuted as much as he could with Justice and that he then desired such a Peace as he wished for might be procured at the instance of so great a Mediatour But because he knew his Right in the Kingdom of France to be sufficiently clear he would not by his Letters commit it to a doubtful Arbitration or Judgment much wondring he should join with Philip that had done him such notorious injury when seeing the evident Justice he had for his Demands and Philip's obstinacy in not complying with them he had for that reason enter'd into a League with him And as to what was said That he without his knowledge or assent had made ● Truce and entred into a Treaty of Peace with Philip considering the Circumstances of the Fact it ought not rationally to have moved him because at that time he besieged Tournay and ought to follow the advice of those that were with him and gave him their assistance Considering also that Winter was coming on and the distance between them he could not be permitted to consult him And further he put him in mind That he had granted that when he had opportunity he might Treat without his knowledge but so as not to make a final Peace with Philip without his consent which he never intended to do It seemed also to some that the Revocation of the Vicarship was too suddenly done when as according to the Agreement by the heighth of Imperial Power made with him it ought not to have been done until he had obtained the Kingdom of France or the greatest part of it Dated at London the 18th day of July in the second year of his Reign over France and over England the Fifteenth After the Truce at the Siege of Tournay 9 Fr●issard ● 1. c. 64. The Duke of Bretagne dies John Duke of Bretagne who had served the King of France in his Army in the way toward his own Country fell sick and died without Issue After his death there arose a controversie between
Charles Earl of Blois and John Earl of Montfort about Succession to and Enjoyment of that Dukedom Their Titles were thus Arthur the second had 1 Ib. and Robert of Aversbury p. 98. b. c. 40. Competitors for the Dukedom Two Sons by his first Wife this Duke John and another who Married and had a Daughter only and died before the Duke his Brother This Daughter was Married to Charles Earl of Blois Nephew to Philip the French King by his Sister The same Arthur by a second Wife had a Third Son who did bear the Title of Earl of Montfort The Question was Whether the Wife of the Earl of Bloys or the Earl of Montfort was nearest in Blood to the late Duke Upon the Dukes Death Montfort went to Nantes the chief City in Bretagne 2 Fro●ssard Ibidem The Citizens of Nantes and some others own Montfort where he was received by the Citizens and People of the Country thereabout as their Lord and as nearest of Blood to his Brother who did homage and sware fealty to him To this place he summoned in the 3 Ib. 65 66 67. The Nobility and best fort of People appear not upon his Summons Nobility and the best sort of People of the Country and good Towns of Bretagne who appeared not whereupon he raised an Army and took the Town and Castle of Brest the City of Rennes the Town and strong Castle of Hannybout the Town and Castle of Caraches Yet after all this the Earl 4 Ib. c. 68. He offers to hold the Dukedom of the King of England by Homage and Fealty King Edward accepts his offer and promiseth to defend him of Montfort fearing the Earl of Bloys by the power of France might drive him out of the Dukedom came into England and offered to King Edward to hold it of him by Homage and Fealty if he would defend him against the French King and all others who should give him Trouble in this Matter The King accepted his offer and thought he should have great advantage by it as not having a more commodious way of entring France than by Bretagne calling to mind that the Alemans or Germans and Brabanters had done little or nothing for him and only made their own advantage by spending him much Money After Homage done King Edward in the presence of the Lords of Bretagne and England that were present promised he would aid and defend him as his Liege-man against the French King and all others The Homage and Promises were written sealed and delivered interchangeably The French King observing what the Earl of Montfort had The French King summons him to Paris done in Bretagne and hearing he had done Homage to the King of England for that Dutchy at the Request of the Earl of Bloys he was summoned to appear at Paris before the King Twelve Peers and other great Lords of France He appeared according to Summons 5 Ib. c. 69 70. He denies he did Homage to the King of England and when the French King charged him with having done Homage to his Adversary the King of England he denied it He then commanded him by all he held of him that he should not depart from Paris in Fifteen days in which time the Twelve Peers and other Lords should judge of his Right But he suddenly and privately withdrew from Paris and returned into Bretagne Nevertheless the Peers and Lords on the 15th day gave their The Peers of France give the Title of the Dutchy of Bretagne to Mary the Wife of the Earl of Bloys Opinions concerning the Title and Inheritance of the Dutchy That it belonged to Mary the Wife of the Earl of Bloys and further their Opinions were That if ever the Earl of Montfort had any Right he had forfeited it two ways by doing Homage and receiving it from any other Lord than the King of France of whom he ought to have held it and by disobeying the King's The Earl of Bloys enters Bretagne Commands in going from Paris without his Leave No sooner was this Judgment passed for him 6 Ib. c. 71 72. Surprised and took Earl Montfort but the Earl of Bloys with great assistance from the King of France entered Bretagne and surprized and took the Earl of Montfort in the Town of Nantes by the Treachery of the Townsmen from whence he was sent Prisoner to Paris and there died This was done says Foissard 7 Ib. c. 72. A. D. 1341. Who died at Paris being there Prisoner in the year 1341 about the Feast of All-Saints which was in the Fifteenth year of Edward the Third after whose Death his Widow Sister to the Earl of Flanders a Princess of great Prudence and Courage 8 Ib. c. 79. and Du Chesne f. 656. B. His Widow maintains War against the Earl of Bloys maintained the War against the Earl of Bloys and kept possession of those Parts and Places of Bretagne as had not been brought under his power This was in the beginning of Winter when the French Nobility that came with the Earl of Bloys by the King of France his Command retired the fury of the War then ceasing but failed not to return in the Spring to attempt to take from the Countess of Montfort what remained in her possession So soon as she was informed of their return she sent 9 Ib. in both She sends to the King of England for assistance Emery de Clisson a Lord of Bretagne into England to Request Assistance of the King propounding her Son John Heir to the Earl of Montfort as a Husband to one of his Daughters who was afterwards 1 S●●df Genealog Hist f. 179. Which she received Married to Mary his fourth Daughter and she enjoyed the Title of Dutchess of Bretagne The Proposition was readily agreed to by the King and he sent Sir Walter Manny into Bretagne with as many Men 2 Fr●iss Du Ch●sne ●t supra A. D. 1342. Upon the Marriage of her Son with the King 's 4th Daughter at Arms as Sir Emery desired and also 3000 Archers but these were not sufficient to defend the Country against the Force of the Earl of Bloys who had taken Rennes Vannes and other Places and would have conquered all Bretagne if not speedily opposed 3 Ib. Fr●iss c. 86. 90. Du Che●ne f. 657. B. This Account was sent to the King by Messengers from the Countess and Sir Walter Manny whereupon he sent Robert de Artois with more Men Arms and Archers to reinforce Sir Walter 4 Du Chesne I●m C. D. Fr●●ss c. 92. This joint Force besieged and retook Vannes but not long after Vannes was recovered by assault made by the Forces and Friends of Charles of Bloys in the defence whereof 5 Ib. c. 9● Du Ch●sne f. 658. B. C. Robert de Artois was much and dangerously wounded who not long after returned into England in hopes of better Chirurgeons and Medicines and died there The
the Earls of Fife and Monteth Malcom Fleming that called himself Earl of Wigetown and William Douglas Prisoners and many Men at Arms. By Warrant directed to Thomas Rokeby 6 Rot. Scot. 20 Ed. III. M. 2. A. D. 1346. Sheriff of Yorkshire Dated Decemb. 20. who then had the King of Scots in his keeping he was commanded to carry David de Bruys that had Sent to the Tower of Lond. with Force of Arms invaded England plundered and burnt the Country killed the King's Subjects and done other Mischiefs to the Tower of London and deliver him to the Constable thereof or his Lieutenant there to remain in safe Custody 7 Ib. 21 Ed. III. M. 9. Dors A. D. 1346. The Earls of Monteth and Fife were condemned for Treason the first whereof was executed about the beginning of March in the 21st of Edward III. and the second reprieved during the King's Pleasure The Pope wrote 8 Aves p. 111. a. c. 58. The Pope sent to K. Edw. to consent to a Treaty of Peace to King Edward from Avignion on the 18th of the Calends of February or 15th of January with great Urgency and Vehemency to consent to a Treaty of Peace and sent Anibald Bishop of Tusculum and Stephan by the Title of St. John and St. Paul a Priest Cardinal with his Letter to be his Nuncio's to treat of and mediate a Peace The King's 9 Ib. b. c. 59. To which he would not agree unless his Heritage was yielded to him Answer to this Letter or Bull was to this effect That he was very willing to consent to a Treaty of Truce or Peace as he always had been for the Benefit of Christianity but his Adversary had always broken the Truces that had been made and kept his true Heritage from him which if he did not yield up there could be no Treaty While the King lay before Calais Charles 1 Ib. p. 114. a. b. cap. 64 65. Charles of Bloys enters Bretague with the Title of Duke of Blois who had taken upon him the Title of Duke of Bretagne besieged the Town and Castle of Rochedirian a strong Place in this Country for the Relief whereof Sir Thomas Dagworth King Edward's Governour of that Dukedom raised what Force he could there and in Normandy and marched toward the Siege Of which Charles of Blois had notice and stood all Night with his Army ready to receive him Next morning which was the 20th of June before A. D. 1347. 21 Ed III. His Army beaten and himself made Prisoner Sunrise both Armies were engaged and Sir Thomas received the Charge of the French four times successively and afterward put them into Confusion and obtained the Field having slain between 6 and 700 Knights Esquires and Men at Arms besides ordinary Men and then made Prisoner Charles de Blois with several Great Men there named and a great number of other Knights and Esquires aultres Chivalers Esquiers a graunt nombre This Account 2 Ibm. is from Sir Thomas Dagworth's Letter to the Chancellor of England About a Month or five Weeks after the King of France had a Letter from the Governour of Calais 3 Ibm. p. 113. b. 114. a. cap. 63. Calais in great distress for want of Victuals of the ill Condition the Town was in for want of Victuals That the Dogs Cats and Horses were most eaten That the Garrison had agreed if they had not speedy Relief to issue out of the Town and go into the Field to fight for their Lives or die bravely as being more Honourable than to eat one another On the Friday 4 Ibm. b 115. a. b. cap. 66 67. or 27th of July before the Gule or first Day of August it being that Year on the Wednesday the King of France on an Hill on the other side of the Marsh before Calais over against King Edward lodged or posted his Army which was very great as by what follows in his Letter to the Arch-Bp of Canterbury to his Chancellor and Treasurer 5 Ibm. The King of France comes with a great Army to relieve it Two Cardinals mediate a Treaty The Cardinals the same Day came to the end of the Causway leading to Calais vindrent mesme le jour les Cardinaux a bout de la choucee c. and send their Letters to his Cousin of Lancaster and other Great Men of his Army requesting they might speak with them Whereupon he gave Leave to him and his Cousin of Northampton to go to them who were with great earnestness requested by them that there might be a Treaty telling them they knew well the French King would make such Offers of Peace as would according to Reason be acceptable At their instance as one that had always been ready to accept of a reasonable Peace and at the moment they made the Offer he assented And his Cousin of Lancaster built two Pavilions or Tents between both Armies and there assembled or met before the Cardinals and Marquess of Juliers Which held 3 days without effect the Earls of Lancaster and Northampton Monsieur Bartholomew de Burghersh his Chamberlain Monsieur Reignald de Cobham and Monsieur Walter de Manny on his Part The Dukes of Bourbon and Bathenes the Chancellor of France the Lord Ostmond and Monsieur * Off●m●nt Geofry de Charny on the Part of his Adversary who only insisted upon Terms about the Town of Calais yet at last offered his Commissioners That he should enjoy the Dukedom of Guyen and County of Ponthieu as his Grandfather had done which was thought a small matter to what Damage he had received So that after Three Days Treaty without effect on Tuesday the last The King of France challengeth the King of England to Battel and then runs away with his Army Day of July toward Evening his Adversaries gave him notice by some Great Men That if he would come out of his Fastnesses to a Place convenient to Fight in to be set out by Four Knights chosen on either side he would give him Battel any time between that and Friday Evening On the next Day being Wednesday 6 Ibm. and the first of August he let him know he accepted his Offer and gave Letters of safe Conduct to Four Knights to come and join with Four of his to set out the Ground Whereupn his Adversary 7 Ibm. Calais yielded on Thursday night with his Army in great haste marched off as if they had been routed and burnt their Tents and most part of their Baggage 8 Ib. p. 116. a. cap. 68. A D. 1347. 21 Ed. III. The next Day which was the 3d of August the Besieged wanting Victuals and despairing of Relief yielded up the Town and themselves and all their Goods to his Mercy and Pleasure But King Edward being much inraged at the Inhabitants long holding out and the great and many Injuries they had done Hard Terms put upon the Calcsians by
K. Edward according to the French Historians him at Sea did not admit them to these Terms as the French Historians Froysard Du Chesne de Serres and Mezeray report until they sent Six of their Chief Burgesses bare-headed and bare-footed in their Shirts with Ropes about their Necks to deliver the Keys of the Town and Castle to him with a total Submission to his Pleasure He was greatly resolved to put them to death but his Queen then in the Camp by an importune Intercession obtained their Lives 'T is very remarkable That as the same Historians say at a Meeting of the Townsmen to appoint or chuse the Six to send out they were in great Difficulties and Perplexity Eustace of St. Peter the most Noted of them to save his Fellow Burghers offered himself to be one by whose Example there soon followed others to make up the Number 9 The same Historians The Keys thus delivered and the King in possession of the Town all the old Inhabitants were removed by his Authority and it was new Peopled with English to whom he gave all their Goods 1 p. 116. a. c. 8. Avesbury reports none of those Terms but gives a more fair account of of the Usage them Robert of Avesbury hath nothing of this Relation of the Six Burghers being demanded or thus sent out he only says That the Besieged wanting Victuals and hopeless of Relief ipsam villam ac se sua omnia voluntati Domini Regis Angliae reddiderunt idem Dominus Rex semper misericors benignus captis retentis paucis de Majoribus Communitatem dictae villae cum bonis suis omnibus gratiose permisit abire rendred the Town themselves and all they had to the King's Will who always merciful and kind retained only a few of the Chief Persons and graciously permitted the Community of the Town to go away with their Goods Soon after the taking of 2 Rot. Cales 22 Ed. III. M. 4. Calais by the Mediation of the Cardinals the Earls of Lancaster and Huntington Ralph Lord Stafford Walter de Manny and others had Commission to Treat of a Truce with the Commissioners of Philip de Valois which was concluded A Truce made at Calais affirmed and sworn to on the 28th of September 1347 to continue till 15 Days after Midsummer next following 3 Aves p. 116. b. ●17 a. c. 69 70. The Chief of the Articles were the same with the Truce made before Tournay In a very short time after having settled the Town with his Affairs in those Parts making Sir Amery de Pavy an Italian Governour thereof 4 Wals f. 167. n. 50. K. Edw. returns into England he returned into England with great Glory and Renown The Number of King Edward's Army at this time in France Normandy and before Calais besides the Lords 5 Append. n. 92. The number of his Army What their Pay for a year and 21 weeks was 31294. And the whole Pay and Wages of this Number from the 4th of June in the 20th Year of his Reign to the 12th of October in the 21st of his Reign being a Year and 131 Days amounted to 127201 l. 2. s. 9 d. ob as appears by the Particulars Within 5 or 6 Weeks after his Return on the 13th of November he sent forth 6 Claus 21 Ed. III. Part 2. M. 9. Dors Summons for a Parlement Writs of Summons for a Parlement to meet on the morrow of St. Hillary or 14th of January The cause 7 Rot. Parl. n. 4. The cause of Summons of Summons by William de Thorp Lord Chief Justice was declared to be for two things First concerning the War with France undertaken by Consent of the Lords and Commons The Second how the Peace of the Nation might be kept And that within four Days they should give their Answer to the King and his Council what they thought of these things The fourth Day the Commons declare 8 Ibm. n. 5. The Commons not able to advise any thing concerning the War That they are not able to advise any thing concerning War and therefore desired to be excused as to that and that the King will be advised by his Nobles and Council and what shall be by them Determined they would Consent unto Confirm and Establish To the second they answer 9 Ibm. n. 70. The Commons Advice to the King about keeping the Peace Having been long in Parlement they desire to be dismissed Whereas they were charged to advise the King how the Peace of the Land might be better kept That in every County there should be Six Persons of whom Two to be the Greatest of the County Two Knights and Two Men of the Law or more or less as need should be and they to have Power and Commission out of the Chancery to hear and determine Matters concerning the Peace c. And then because they had been so long in Parlement to their great Costs and Mischief they desire the Answer to their Petitions and a Dismission 'T is probable the King received not the Satisfctaion he expected Summons to Parlement from this Parlement for within a Month and 3 Days after the firstday of the Meeting thereof he issued 1 Rot. Claus 22 Ed. III. Part 1. M. 32. Dors Writs for Summoning another that is to say on the 14th of February to meet on Monday next after the Sunday in Midlent On which Day because the Great Men Summoned were not fully come the Parlement was continued until the next Day and for the same reason unto Wednesday Pur ceo que les Grantz gestoient somons ne furent pas pleynement venuz fu continuez tanque le Mardy prochien suant pui pur mesme la cause du dit Mardy tanque a Meskerdy When Monsieur 2 Rot. Parl. 22 Ed. III. n. 2 3. The cause of Summons declared William de Thorp Chief Justice propounded the Causes of Summons fully also contained in the Writ which were two The first That according to the Truce made at Calais between the King and his Adversary of France certain Messengers were to be sent to the Court of Rome on both Parts to treat of a smal Peace between them That King Edward had sent his competent Messengers to find the Disposition of the Pope concerning some Preparatories for the Treaty and other things about the Feast of St. Andrew last past in hopes to have heard from them in his last Parlement of whom or of what they had done he had then received no certainty and for that many notable things had been agreed last Truce in favour of him his Subjects and Allies by the Malice of the adverse Party were not then accomplished And also for that his said Adversary contrary to his Faith given concerning the then hoped-for Peace had provided a very great Multitude Trop grant multitude des Gentz d'Armes of Men at Arms and others with Ships and Gallies
and put Cheats upon him that by Delay and his great Expences he might be weary of the War The King staid and expected the French on Tuesday but none came 8 Froys lib. 1. c. 155. Du Chesne f. 674. D. Mezer. f. 373. 8 The French Writers make a contrary Story of this They say That after King Edward had ravaged and burn Bolognois and Artois as far as the Town of Hisden which nor the Castle he could not take he returned to Calais That the King of France having Rendezvoused his Army at Amiens marched to Hisden and pursued him to St. Omers and from thence sent to him Arnold de Andreghen Marshal of France and other Knights to let him know he would Fight with him Body to Body or Power to Power when and in what place he pleased which he refused returning into England and King John to Paris Before this Action of his Father 's near Calais on the Nativity of the Virgin Mary or 8th of September 9 Aves p. 125. b. cap. 93. The Prince goes into Gascoigne the Prince with the Earls of Warwick Suffolk Salisbury and Oxford with 300 Ships and a good Force in them set Sail from Plimouth into Gascoigne and in a short time after his arrival 1 Ibm. Marched to Narbon burns and destroys the Country marched from Burdeaux to Narbon seated as it was then called on the Greek Sea now the Mediterranean laid waste burnt and destroyed all the Cities Walled Fortified and other Good Towns in his March backwards and forwards except the City 2 Ib. 129. b. Tholose in which were the Constable of France the Marshal de Clermond and Earl of Armanak with a great Force to defend it The time of these Burnings Plunderings and Destroyings was two Months before the Return to Burdeaux a Journal whereof is to be seen in a Letter from the Prince to the Bishop of Winchester then Lord Treasurer Dated on A. D. 1355. 29 Edw. I●I ● christmas-Christmas-Day and another more exact from Sir John Wingfield one of the Chief Actors in this Cavalcade Dated on Wednesday before Christmas-Day in Avesbury p. 127. a. b. p. 128. a. b. p. 129. a. b. p. 130. a. b. Cap. 98 99 100. now not much to the purpose to be either transcribed or translated The King having received News that the Scots had surprized Berwick surprized by the Scots the Town of Berwick as was noted by Sir William Shareshull in his Discourse to the Parlement so soon as it was ended in the latter end of November marched with a great Army toward Scotland and kept his Christmas at Newcastle upon Tine 3 Ibm. p. 131. b. cap. 103. The English all this while defended Berwick-Castle against the Scots and on the 13th of January the King being in it with Sir Walter Manny Retaken by the King the Town was surrounded with the English Army and the Port and Castle both secured by the English Navy the Scots threw themselves upon the King's Mercy and yielded up the Town For the very severe Usages and Hardships drawn up in hard The King of Scotland ill used by his People Words in the very Grants Edward Baliol King of Scotland received from the Scots and not being able to endure them or contend for the Honour and Dignity due to him from his People in his old Age and feeble Condition on the 20th and 25th Day of January at Rokesburgh Gave Granted and Confirmed for him He grants the Crown of Scotland c. to K. Edw. and Heirs to Edward King of England the Kingdom Government Title and Crown of Scotland together with the Isles and all manner of Royalties Dignities Honours Prerogatives Privileges Rights Dominions Homages Services Fees Advowsons Cities Castles Towns Lands Possessions and all and singular things which belonged to the Crown of Scotland or might any way belong to it and all his Isles Castles Cities Towns Demeasns Lands Possessions Dignities and Rights with their Apertinences in England or Galway or otherwhere within the Kingdom of Scotland to have and to hold to him his Heirs and Assigns And puts him in possession of the Kingdom and put him in possession of all these things as well by delivery of his Golden Crown as delivery of corporal Possession of the Soil of the Kingdom c. In consideration whereof King Edward was to allow him 2000 l. Sterling by the year for his Life to be paid Quarterly There were several long 4 Rot. Scot. 29 Ed. III. M. 12. Instruments made about this Grant as also an Exemplification of the main Indenture of the Agreement between the Two Kings Dated at Banburgh the 20th of February 5 Ibm. 30. Ed. III. M. 6. the Year following Also there is King Edward's Release of the Homage done to him by Edward Baliol 6 Ibm. 8. Dated the 12th of March next after at Westminster and a Proclamation That notwithstanding this Grant the People of Scotland should enjoy and be Governed by their Old Laws and Customs as before without any Change or Alteration 7 Ibm. Dated at the same Place on the 15th of the same Month. In the next Year Prince Edward 8 Wals f. 171. n. 40. marched out of Burdeaux with his Army toward the River Loire and designed such another Ravage and Destruction in the Countries on both sides of it as he had made the Year before between Burdeaux and Narbon which he had begun 9 Ibm. and Du Ch●sne f. 675. D. from Froys f. 78. a. cap. 157. Upon the News whereof the King of France went directly from Paris to Chartres where he drew Forces from Avergn Berry Burgogn Lorain Haynault Vermandois Picardy Normany and Bretagne to oppose him in the mean time guarding the Passes and breaking down the Bridges upon the Loire while the Prince took Remorentin and several other Places and Castles and had many Skirmishes with French Parties beat them and took several Prisoners on the South-side of the River before the memorable Battel of Poicters the best Description whereof is in 1 Fol. 371. A. D. 1356. Mezeray's Abridgment of Froisard's tedious Relation of it as follows While the King was at Chartres where he was drawing all his The Battel of Poictiers Forces together he was informed that the Prince of Wales with 12000 Men of which there were but 3000 Natural English had pillaged Quercy Avergne Lemosin Berry and was marching to do the same in Anjou Tourain and Poitou he thought fit to cut off his March upon his Retreat and led his Army along the Loire The Prince being advertised left the Road to Tours and retired by Poitou but he could not do it so speedily but that the King's Army overtook him within two Leagues of Poitiers The Prince finding him so near entrenched himself amongst the Vines and strong thick Hedges nigh the Place called Maupertuis Cardinal de Perigord the Pope's Legate went often from one The Pope's
Legate endeavours to prevent the Battel Army to the other to prevent them from coming to Blows 2 Froys 8. b. cap. 161. The King of France his Confidence destroyed him Edward offered to pay for all the Damages he had done in his March from Burdeaux to deliver up all his Prisoners and not to bear Arms himself nor any of his Subjects for seven years time against France But K. John believing the Victory secure and certain rejected all his Submissions and blinded with Passion and Anger instead of hemming him in and starving him which could not have failed in three Days time went on headlong with the Courage and Fury of a Lion rather than of a Captain to attack him within his Fastness the * A. D. 1356. 30 Ed. III. 19th of September Nay by the worst Advice in the World he caused all his Horsemen to alight excepting Three hundred select Men who were to begin the Onset and the German Cavalry who had Orders to second them The thickness of the Hedges hindred these Three hundred Horse from breaking in upon them the English-men's bearded Arrows made the Horses mad and turned them upon the Germans who fell into the Avant-Guard and they were totally routed by a Gross of the Enemies who came forth and charged them during their Disorder Of the Four Sons the King had in this Battel Three of them were a little too soon carried out of the Fray by their Governours together with 800 Lances and this gave a fair Pretence of Excuse to all such Cowards as were glad to follow them There was only Philip the Youngest of the Four who obstinately resolved to run the Fortune of his Father and fought by his side The King 's single Valour sustained the Enemy's Charge a considerable time and if one fourth part of his Men had but Seconded him no doubt but he had gained the Victory At length The King of France yields himself His Son Philip and several of the French Nobility made Prisoners he yielded himself up into the hands of John de Morebeque an Artesian Gentleman whom he had banished the Kingdom for some Crime Philip his Son was taken Prisoner with him There were but 6000 French killed in this Fatal Day but of that Number were 800 Gentlemen and amongst those the Duke of Bourbon the Duke d' Athenes Constable the Mareschal de Nesle and above 50 more of good Quality The Young Prince as Courteous as he was Valiant Treated The Prince very kind and civil to the King of France the King as his Lord the same Night he served him at his Table and endeavoured to allay his Grief and Misfortunes by the most obliging and becoming Language he could express The next day fearing this Noble Prey might be snatched from him and withal observing his Soldiers were so laden with Plunder He carries him to Burdeaux with a great number of Prisoners that they were uncapable of further Service he took his March towards Burdeaux and carried away the King and his Son along with him together with a prodigious Number of Prisoners According to 3 F. 79. b. cap. 160. The French in this Battel 4 times more than the English Froysard the Men at Arms only besides others of the French were four times the Number of the whole English Army they being Forty eight thousand divided into three Battels Sixteen thousand in a Battel the English Army not being esteemed above Eight thousand by the Account of Sir Eustace of Ribemont and Two other Lords gave to the King of France having been sent by him to discover their Number In this Battel the Earls of Warwick Suffolk Salisbury Stafford The English Noblemen thatshew most Courage in this Battel Sir James Audeley Sir John Chandos Sir Reginald de Cobham c. behaved themselves very bravely but beyond others the Earl of Warwick Sir James Audeley and Sir John Chandos And as 't is said by Froysard 4 F. 83. a. cap. 164. the Prince of Wales who was Courageous and Cruel as a Lion took that Day great Pleasure to Fight and to chase his Enemies His Courage and Conduct with the Assistance of those about him was in this Battel most certainly very extraordinary and wonderful On the 5th of May next Year the Prince of Wales arrived at A. D. 1357. 31 Ed. III. The King of France brought Prisoner to London Plimouth with his Noble Prisoners the 5 Wals f. 172. n. 40. Knighton col 2615. n. 10 20 c. King of France and his Son where and in his Passage from thence to London he was treated with much Honour and Respect and on the 24th of the same Month had a Publick Entrance made him into that City and was Lodged in the Palace of the Savoy the King Queen and Great Men often making him Visits 6 Holins●ed f. 390. Here he staid until toward the next Spring when he was removed to Windsor-Castle where he and his Son passed the Time in Hawking and Hunting and toward Winter returned to the Savoy Soon after the King of France his 7 Froys ● 1. c. 173. f 86. b. Arrival in England the Pope sent the two Cardinals of Perigord and St. Tital into England to mediate a Peace between the Two Kingdoms but without effect Yet so far they prevailed as to procure a Truce until the Feast of St. John Baptist which was to be in the Year 1359. or A Truce for two years by the Pope's Mediation 33d of Edward III. out of which Philip of Navarre the Countess of Montfort and Dutchy of Britan were excepted Before this by the Mediation of Joan Queen of Scots or as 8 Rot. Scot. 27 Ed. III. M. 2. 't is phrased in the Record Consort to David Brus his Prisoner Sister to King Edward who in the 27th of his Reign had his Leave to come into England to her Husband with moderate Attendance cum moderata Familia and upon the Prayer of David Brus his Prisoner the Prelates Great Men and Commons of Scotland 9 Ibm. 28 Ed. III. M. 4 a la Priere David de Bruys nostre Prisoner des Prelates Grantz Comunes Descoce he granted to Treat with them about his Deliverance And thereupon sent to Newcastle Commissioners appointed to treat about the Deliverance of David Bruce upon Tine the Bishop of Duresme William de Bohun Earl of Northampton and Constable of England Gilbert d'Vmfreyvill Earl of Anegos the Lords de Percy and de Nevill William Baron of Greystock and Henry le Scrop his Commissioners with full Power to Treat with the Bishop of St. Andrews and Brechin Patrick of Dunbar Earl of the March of Scotland the Abbot of Dumfermelin and Master Walter de Moffet Arch-Deacon of Leonesse Commissioners for Scotland Where it was 1 Ibm. Agreed 1. That David should be Ransomed and fet free for Ninety thousand His Ransom 90000 Mercs to be paid in 9 years Mercs of Sterling
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 ● 1. c. 205. seen and sent the Duke of Lancaster before him to Calais 9 ● 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. D●rs October taking with him his Four Sons 2 Froys ut s●pra c. 207. Prince Edward Lyonel John and Edmond 3 Wals f. 174. ●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 ●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
Roy That he may by Award of this present Parlement be restored to his former Estate and Degree to the great Profit of the Kingdom The King 3 Ibm. Ro. The King grants their Prayer● willeth at the Prayer of several Prelates and Lords of Parlement d'aucuns Prelates Seigneurs de Parlement and also at the Prayer of the Commons In the last Day of the Parlement when the Petitions of the Commons had been read and answered the Speaker Sir Thomas 4 Ibm. n. 87. The Speaker prays That the Judgments against all such who had been Impeached last Parlement might be reversed Hungerford said before the Prelates Lords and Commons That whereas many People as well Men as Women had been Impeached in the last Parlement without due Process and were Judged in certain Peynes and foreclosed of the commune Liberty which every Loyal Subject ought to enjoy and therefore prayed it would please his Majesty to restore them to their former Estates Dignities and all other things notwithstanding those Judgments The King presently demanded If their Request was made for all that were impeached And he answered Their Request was all It was then told them They must declare distinctly in Writing for whom and why they Petitioned And presently the same Day Seven Bills i. e. Petitions were delivered to the Clerk of the Parlement whereof the first Two do here follow To our most 5 Ibm. n. 88. The same Prayer for the impeached Persons in particular Dread and Noble Lord our Lord the King pray the Commons of your Realm That whereas your Liege Rich. Lyon by hasty Process was adjudged to the Tower of London during your Majesty's Pleasure That it would please your Gracious Lordship que ple a vostre Graciouse Seigneurie to Grant him your Favour to be restored to the Law his Goods Lands and Tenements for according to Law no cause of Forfeiture could be found in him To their 6 Ibm. n. 89. most Dread and Gracious Lord the King and his Sage Council in this present Parlement his Commons make Supplication supplient ses Comunes That whereas Alice Perrers by untrue Suggestion and undue Process was in the last Parlement foreclosed of the Common Liberty which every Loyal Liege of the King as well Men as Women ought freely to enjoy unless they be convict of a Crime or evil Deed for which they are to forfeit it they would please for the Love of God and right Justice to have Consideration That the said Alice was never present in Parlement nor otherwise duly admitted to answer any thing for which she was Judged and for this cause to repeal the Judgment if any were and cause her to be restored entirely to her former Estate the said Judgment or any Prohibition made against the said Alice in the same Parlement notwithstanding The other Five Bills or Petitions were according to this Form for five other Persons namely John de Leycester Adam de Bury Walter Sporier John Peachy of London and William Ellys of Yarmouth But there was not nor could be any Answer made to them The Parlement ended 7 Ibm. n. 95. because the Parlement ended the same Day before any thing could be done in them Sitting this Parlement the 8 Claus 51 Edw. III. M. 16. King was informed the French were gotten to Sea and had done much hurt upon the Coasts wherefore he endeavoured to prolong the Truce To which purpose on the 20th of 9 Rot. Fran. 51 Ed. III. M. 7. Feb. he appointed several Commissioners to Treat with the Commissioners of the King of France before the Pope's Legates but nothing was done in the matter the Legates only propounded a Match between Richard Prince of Wales and Mary the King of France his Daughter And afterwards there The Truce continued was another Meeting of Commissioners at Monstreul without other effect than continuing the Truce until the first of May next following as was before noted out of Holinshed Mezeray 1 Fol. 394. says King Edward was now much desirous of Peace and was willing to relinquish many Articles of the Treaty of Bretigny but was prevented by Death On the 26th of April another 2 Rot. Fran. 51 Ed III. M. 3. Commission was made to the Bishop of St. Davids John Bishop of Hereford and others by which Power was given them to Treat at Monstreul with the French Commissioners and to compose all Differences Wars and Contentions But by reason of Jealousie and Suspicion the Commissioners had one of another they never met This Year John 3 Wals f. 191 192. Knighton col 2647. n. 10. Wyclif was convented before the Arch-Bishop of Canterbury and Bishop of London for his Opinions contrary to the Opinions of those Times at the Black-Friers London where were present John Duke of Lancaster and the Lord Percy How Wycliff behaved himself at this time See the l●tter end of Church Affairs in this Reign The Citizens of London their Rage against John Duke of Lancaster The Duke gave the Bishop of London some harsh words which gave the Citizens such Disturbance that they in a great Tumult would have murdered him and pulled down or set fire to his House called the Savoy had not the Bishop interposed and kept them from doing it To save himself he left his Dinner and gat privately away to Kemington near Lambeth where the Prince was with his Mother So that not finding him they only in the Streets reversed his Arms as if he had been a Traitor For 4 Holinsh f. 412. n. 30. Hypod. N●●str f. 53. n. 40. King Edward's Death this the present Major and Aldermen were put out of their Places and others put in by the Duke's Power who then in the King's Weakness and Infirmities was his Assistant and Viceroy and had Directed all the Affairs of the Nation for some time of which Infirmities and Sickness daily encreasing 5 Wals Hist f. 192. n. 30. Hypod. Neustr f. 531. n. 50. he Died at his House of Shene June 21. 1377. having Reigned 50 Years 4 Months and 28 Days Church-Affairs THE old Controversie was still continued inter Regnum Sacerdotium between the Secular and Ecclesiastic Governments or between the King and Pope concerning the Regalia in Church Matters and concerning the Clergy In the 4th of his Reign the King 1 Append. n. 97. wrote to the Pope which was John XXII concerning the Treasury of York having been given by Provision to a Cardinal against the Rights of his Crown and Prerogative and to the inestimable Damage of the Kingdom that he would revoke his Provision and supplicates him to direct the Cardinal not to contend against William de Maza his Clerk that was in Possession of it by his Presentation about such a Novelty and Vsurpation it being his and always had been the Right of his Progenitors in the Vacancy of the Arch-Bishoprick and to strengthen that Right vouches a Precedent in the
Prey About this time the Duke of Lancaster desired to have the Money The Duke of Lancaster equips a great Fleet. granted the last Parlement upon promise to secure the Kingdom from Invasion of all Enemies for one Year and to do some other great Good to the Nation which at length he obtained and provided a great Fleet and also for his Assistance hired Nine Ships at Bayon which in coming hither encountred a Fleet of Spaniards and took Fourteen Ships laden with Wine and other Merchandise Henry the Bastard that called himself King of Spain hearing Henry the Bastard King of Spain prepares a great Fleet to opposehim what those of Bayon had done and that the Duke of Lancaster was putting to Sea with a great Fleet and Force fearing him by reason of his Title to his Kingdom prepared a great Navy to oppose him and if he could to take him Prisoner The Duke The Duke delayed his putting to Sea The English Fleet beaten● by the Spaniards delayed the time of his putting to Sea the Chief Officers of the Fleet were disturbed at it and sailed without him and having been some days at Sea met the Spanish Fleet by which they were beaten and Sir Hugh Courtney a Famous Soldier taken with many others This Misfortune says Walsingham was imputed to the Duke for that he made such long Delays but whether he was in Fault knew not And while he was thus Dilatory John Mercer a Scot with a Ships taken out of Scarburgh Haven by John Mercer a Scot. J. Philpot sets out Men of War at his own Charge Takes Mercer with all his own and 15 Spanish Ships that had joined him Was questioned for it but discharged small Force of French Scots and Spaniards took some Ships in Scarburgh Haven killing some of the Mariners and carried them with him to Sea John Philpot a rich Citizen of London considering the Negligence if not the Falsity of those who were to defend the Nation and provide against such Inconveniencies at his own Charge set out some Men of War which met with Mercer and 15 Spanish Ships that had joined him and behaving themselves bravely took him and all the Ships with him recovering the Ships that were taken at Scarburgh and taking great Riches in the Spanish and other Ships John Philpot was taxed by the Lords for presuming to set forth Men of War without Advice of the King's Council but he made such a Defence before the Earl of Stafford and others that called him to account as he was suffered to depart without further Trouble for that matter Still the Duke delayed his going to Sea it not being known for what Reason until the Spring and beginning of Summer were over but by his Persuasion the Earls of Salisbury and Arundel set sail and landed in Normandy who compounded with the King of Navarre then become Enemy to the King of France for the Town and Port of Cherburgh then very considerable in The King of Navarre sells Cherburgh in Normandy to the English The Duke of Lancaster puts to Sea Lands in Britany Returns ingloriously which was placed a Garrison of English and so the Earls returned At length the Duke of Lancaster went to Sea and with him the Earls of Buckingham Stafford Warwick and others of the English Nobility with a great Force they landed in Britany where Sir Robert Knolls burnt several Towns and lost many of his stoutest Men. The Duke besieged St. Malo but it was so well defended as he raised the Siege and returned home Walsingham says at first the Townsmen would have yielded so as the Town might have been preserved from being burnt and plundered The Duke would not accept it but upon Discretion and that he might do with it what he pleased In the mean time the French landed in Cornwal and burnt Fowey or Foy and The French land in Cornwal Burn Foy and other Towns A Truce between the English Scots who had burnt Roxburgh c. and several other Towns without Resistance The Scots taking the Advantage of the present time burnt Roxburgh and spoiled the Country thereabout whereupon a Truce was made between the English and them for some time On 8 Rot. Parl. 2 Ric. II. n. 1 2. Part 1. A Parlement at Glocester The Scots make Alliance with the French Thursday the 21st of October it having met the Day before the Parlement sate at Gloucester in the Great Hall of the Abby there The Bishop of St. Davids then Lord Chancellor declared the cause of Summons wherein he took notice of what had been done by the Scots at Roxburgh and that since 9 Ibm. n. 7. notwithstanding the Truce they had made Alliance with the French against England Next Day Monsieur Richard le Scrop Steward of the Houshold enlarged upon the Causes of Calling the Parlement and making excuse for his own Inability 1 Ibm. n. 15. Declaration of Summons told the Prelates Lords and Commons as the Chancellor had said before That the Nation was encompassed with Enemies who daily encreased That the Ports of Cherburgh and Brest which of a long time had not been in the hands of the English besides Calais Burdeaux and Bayon with the Countries about them were very chargeable to maintain Calais with its Marches or Limits about it stood the King in 24000 l. every Year and Brest 12000 Marcs and the other three Places according to the same Rate Afterwards 2 Ibm. n. 16 The Speaker's Request and Protestation in behalf of himself and Commons Sir James Pickering Speaker of the House of Commons with the Commons came before the King Prelates and Lords in Parlement puis le Comunes reviendrent devant le Roy les Prelates en Parlement illoeques Monsieur James de Pickering c. making Protestation as well for himself as for the whole Commons of England First for the Commons That if he should utter any thing to the Prejudice Damage Slander or Disgrace of the King or his Crown or in lessening the Honour or Estate of the Great Lords it might not be taken notice of by the King and that the Lords would hold it for nothing as if nothing had been said primerment pur la dite Comune que si per cas il y dist choses que purreit soner en Prejudice Damage Esclandre ou Villaine de nostre Seigneur le Roy ou de sa Corone ou en anientisement del Honour Estate des Grants Seigneurs du Roialm que ce ne feust acceptez par le Roy les Seigneurs eins te●●● pur nul come Riens nent este dit for that the Commons soveraignly desired soveraignment desirent to maintain the Honour and Estate of the King and the Rights of the Crown in all Points As also to preserve the Reverence due to the Lords in all Parts So much for the Commons For his own Person he made Protestation That if by Indiscretion he
spake any thing by Common Assent of his Companions it might be amended by them before their departure or afterwards He then 3 Ibm. n. 17. rehearsed in short Words the Articles of the Charge il rehearceast en courtes Paroles les Articles de les Chargez a eaux donez And first for the Liberties and Franchises for the Liberties and Franchise of the Church Good Laws and Customs Honour of God granted to Holy Church and for the King's Promise of preserving the Good Laws and Customs of his Kingdom entirely and punishing such as should any thing do against them the Commons humbly thanked him with their whole Hearts kneeling upon the Ground les genulx a Terre and praying God they might be put in due Execution As to the Aid the King 4 Ibm. n. 18. The Commons Pretences why they ought or could not grant an Aid demanded of his Commons for the Defence and Safety of the Kingdom and for the Safeguard of his Lordships Lands Towns and Forts beyond Sea and toward his Wars the Commons said la Comune dit That in the last Parlement in his first Year the same things were shewn unto them in behalf of the King at which time they answered It was apparent the King had not so great need for an Aid seeing he had in his hands the Priories alien the Subsidies of Wooll the Revenues of the Crown the Lands of the Prince his Father and many other Great Lordships by the Nonage of the Heirs of them and that therefore there must be great Plenty of Money in the Treasury To which the King's Council then answered That lately the Charge of the Coronation had been very great and that the Money upon those Funds they mentioned came in very slowly nor could they be collected soon enough for an Expedition that Year And it was then further said That if the Commons would furnish the King with ● great Sum of Money to make such an Expedition as might be for the Destruction of his Enemies en destruction des ses Enemies they hoped he might have Money sufficient afterwards from time to time to maintain the War and defend the Kingdom And thereupon the Commons then said That in hopes of that Promise to be discharged of Tallage for a great time after they granted a greater Sum than had been given to any King to be levied in so short a time And all things considered it seemed to the Commons that there must be a great Sum in the Treasury besides what had been expended in the last Voyage so that the King had no need to charge the Commons who were in a lower Condition than ever by reason of that Payment and lately by the Murrein amongst their Cattel and their Enemies Burnings upon the Sea-Coasts That their Corn and other Chattels were at so low a Rate that no Money could be raised at present And hereupon they prayed the King to excuse them not being able to bear any Charge for pure Poverty pur pure Povertee To all which 5 Ibm. n. 19. A full Answer to those Pretences The Commons charged with untruth Monsieur Richard le Scrop answered making Protestation That he knew of no such Promise made in the last Parlement and saving the Honour and Reverence due to the King and Lords what the Commons said was not True le dit de la Comune en celle partie ne contient my veritee And as to the Subsidy last granted that a great part of it was in the Treasury to wit of the Two Fifteenths and Two Tenths and afterward of Wooll in that Parlement he vouched the Testimony of William Walworth and John Philpot who by their Consent were appointed Receivers of them that every Penny thereof was expended upon the War and that not one Penny came to the High Treasurer of England or any other to the Use of the King That the Revenues of the Crown besides the Annuities and other Charges upon them granted by his Grandfather and Father were too small and without the Customs of Wooll and Lands of the Priors aliens the Honour and Estate of the King could not be maintained And therefore they were to know that according to Reason they ought to relinquish their Complaint if they pleased a celle pleint vo●s faut par Reson cesser si vous plest Whereupon the Commons 6 Ib. n. 20. The Commons request to know how the Money had been expended To know the Names of the Great Officers and Governours of the King's Person for the Year ensuing after a short Deliberation made it their Request to the King he would please to shew them how and in what manner the great Sums given for the War had been expended and also that he would please to let them know the Names of such as should be the Great Officers of the Kingdom and who his Counsellors and Governours of his Person being yet of tender Age for the next Year as it had been before Ordained in Parlement To which it was 7 Ib. n. 21. The Answer to both those Requests answered on the behalf of the King by the said Monsieur Richard That though there never was any account given of Subsidies or any other Grant made in Parlement or out of Parlement to the Commons or any other but to the King and his Officers yet he willed and commanded of his own motion to please the Commons not that it was of Right for him so to do or that he was forced to it do by reason of their Request now made That William Walworth then present with some of his Council assigned thereto by him should in Writing clearly shew them the Receipts and Expences so as it should not be drawn into Example for the future As to the Officers the King had caused them to be chosen by the Advice of the Lords And as to his Counsellors they should be such as pleased him serra les Counsellers de tieux come luy plerra whose Names they should receive in certain si plest au Roy. The King commanded charged and prayed them and also all The Commons commanded and prayed to dispatch their Parlement Business the Lords present prayed them nostre Seigneur le Roy vous commande charge enpriant ainsi vous priont touz les Seigneur cy presentz That having due Consideration of the great apparent Dangers on all sides they would provide for the Defence of the Kingdom which not only concerned the King but all and every one of them and think how the War might be maintained and give as speedy an Answer as they could that the Parlement To save the Charge of the poor Commons in paying their Wages might have an end and good effect in ease of the King Lords and themselves for the Profit of the Kingdom and Discharge of the poor Commons that every day paid their Expences during the Parlement which was one of their principal Charges given the first day Another
Meeting 3 Ib. n. 3 4. The Cause of Summons saying it could not be unknown to them That the Earl of Buckingham had been sent over into France with an Army which had cost the King more then was given him last Parlement besides the Expedition into Scotland the Defence of The King's Necessities and great Charge Forced to Pawn his Jewels Guien and his Charge in Ireland had put him to so great Expences as he had been forced to pawn his Jewels the Subsidy of Wooll's coming to little by reason of the present Riot or Confusion in Flanders That the Soldiers in the Marches of Calais Brest and Cherburgh were in Arrear more then Three months and there was fear they might desert for want of their Pay That they were to Consider the King was mightily in Debt That he was bound by Covenant and Indenture to pay the Earl of Buckingham and others in that Expedition for another half year which was near ended and that the King was to be at a very great Charge for Guarding the Coasts And at last desires them to Advise the King how this Charge might be born with the most Ease and the Kingdom best defended against all its Enemies by Land and by Sea in as short time as they could And when the 4 Ib. n. 10. The Commons with with their Speaker in presence of the King Prelates and Lords Desire to know what Sum was demanded to supply the King's Necessity Commons had Treated one day about their Charge Et Apres les dites Comunes avoient entre comuner tretes un jour de lour dit charge they returned into the Parlement in presence of the King Prelates and Lords and there Monsieur John Gildesburgh Kt. their Speaker demanded a more clear Declaration of what had been said to them and especially what Sum they would demand to support the Charge praying no more might be required then was necessary illoeges Monsieur Johan Gildesburgh Chivaler quavoit les paroles pur la Comune demandast de par la Comune illoeque davoir pluis clere Declaration de leur dite per especial de la some totale quelle leur verroit ore demander pur les ditz charges supporter empriantz que celle somme fuist tielment modefiez que pluis ny fust demandez que ne convendroit necessairement for that the Commons were poor and of small Estate to bear the Charge any longer 5 Ib. n. 11. The Sum demanded was 160000 l. whereupon a Schedule was delivered in by the King 's great Officers and Council containing the Sums necessary which amounted to One hundred and sixty thousand Pounds Sterling The Commons pray 6 Ib. n. 12. The Commons think it an Outrageous and importable Sum. And pray the Prelates and Lords would Treat and Propound the Ways how a portable Sum might be levied the King and Lords la Comune empriantz a nostre Seigneur le Roy as Seigneurs du Parlement for that they thought the Sum demanded was much outrageous que la somme de eulx ore demandez si est moelt outrageous and importable That they would use such moderation as nothing might be demanded but what was portable and necessary now to have for the Causes above set forth And further they pray That the Prelates and Lords would Treat by themselves about the Matter and propound the Ways by which any such Sum portable might be levied and collected After the 7 Ib. n. ●3 The Lords cause the Commons to come before them Lords had advised about the Matter they caused the Commons to come before them ils firent la Comune venir autre foitz devant eulx and told them what they had thought on First That a certain Sum of Groats might be granted of every Person of the Kingdom Males and Females the more sufficient to help the less sufficient Secondly if that pleased And propound several Ways of raising Money to them not to have for a term an Imposition upon all manner of Merchandises bought and sold thro the Realm every time they should be sold to be paid by the Vendor And Thirdly Their Advice was to raise a certain Sum by Tenths and Fifteenths But because the last were very grievous to the poor Commons a la poure Comune and that Impositions had never been tried before nor could it be known to what Sum they would rise nor in what time a notable Sum might be raised and therefore the Lords pitched upon the Groats and propounded four or five to be levied upon every Person as above so as the most able might be constrained to assist the less able This way of Tallage seeming to them the best and most easie The 8 Ib. n. 14. The Commons desire One Third of the Tax might be born by the Clergy Commons when they had a long time Treated upon the manner of the Levy they came into Parlement and made Protestation they came not to grant any thing that day but they thought if the Clergie would support a Third part of the Charge they would grant 100000 l. to be raised by a certain number of Groats so as the Laity might pay 100000 Marks and the Clergie 50000 for that they possessed a Third part of the Kingdom and prayed the King and Temporal Lords to move it to them speedily to resolve and take upon them the Charge To which the Clergie 9 Ibm. The Clergy claim the Liberty of the Church and affirm their Grants ought not to be made in Parlement Replied That their Grants were never made in Parlement nor ought to be and that the Laymen neither ought or could constrain them in that Case and claim the Liberty of the Church which it had enjoyed before that time and desire the Commons might be charged to do what they ought and were bound to do come ils deivent sont Tenuz del faire and they would do in the present necessity as they had done before At last the 1 Ib. n. 15. Three Groats granted upon every Person Lords and Commons agreed to give Three Groats of every Person of the Kingdom Males and Females of the Age of Fifteen years of what Condition and Estate soever they were except very Beggars The Sufficient People in every Town to contribute to the assistance of the less able so as none paid above Sixty Groats including those for himself and Wife The whole to be for the Support of the Earl of Buckingham and the other Lords and People with him in Britan and for Defence of the Kingdom and Safeguard of the Sea Two parts to be paid Fifteen days after St. Hillary and the other at Whitsunday next after No Knights Citizens or Burgesses of this Parlement to be Collectors of this Money but that the King would order thro the Kingdom such as should equally levy it according to the meaning of this Grant Toward the latter end of this Fourth year of Richard the
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at lady-Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
the King and his Kingdom After this 5 Ibm. col 2705. n. 10 20 30. Many sent to Prison Others removed from Court the King commanded many there named to be sent to the Castles of Nottingham Dover Bristol Rochester Glocester c. to be kept until next Parlement to answer their Demerits There were also then Removed from the Court John de Fordham Bishop of Durham the Lords Beaumont Zouch Burnel and Lovell Sir Thomas Camoys the Son of the Lord Clifford Sir Baldwin Bereford the Bishop of Chichester the King's Confessor the Lady Mohun the Lady Poynings and the Lady Molineux 6 Ibm. col 2706. n. 10. The Judges taken off the Benches and sent to the Tower And on the first Day of the Parlement Sir Roger Fulthrop Sir Robert Belknap Sir John Cary Sir John Holt Sir William Burgh all Judges and John Loketon Serjeant at Law were taken off the Benches doing their Offices and sent to the Tower On the 17th of 7 Claus 11 Ric. II. M. 24. Dors A Parlement called The Cause of Summons Decemb. Writs were issued for a Parlement to meet on the 3d of February or on the morrow of the Purification of the Virgin Mary next coming On that Day Thomas Fitz-Alan Bishop of Ely and Chancellor of England Brother to the Earl of Arundel from whence his Name of de Arundel from that Title declared the cause of Summons to be 8 Rot. Parl. 11 Ric. II. n. 1. part 1. To consider by what means the Troubles in the Kingdom for want of good Government might be ended the King better Advised the Realm better Governed Misdemeanours more severely punished and good Men better encouraged how the Kingdom best defended the Sea best kept the Marches of Scotland best guarded Guyen preserved and how the Charges of these things was most easily to be born And then gave notice That who would complain in that Parlement of such things as could not well be redressed by the Common Law might carry their Petitions to the Clercs in Chancery there named appointed to receive them Thomas Duke of Glocester 9 Ibm. n. 6. The Duke of Glocester's suspicion of himself The King declares him not guilty kneeled before the King and said he understood the King had been informed that he was about to depose him and make himself King and profered to stand to the Award of his Peers in Parlement The King declared openly That he did not think him Guilty and had him fully excused The Lords Spiritual and Temporal then present * Ibm. n. 7. claimed as their Liberty and Franchise That all great Matters moved in that Parlement and to be moved in other Parlements in time to come touching Peers of the Land should be discussed and judged by the course of Parlement and not by the Law Civil or the Common Law of the Land used in lower Courts of the Kingdom Which Claim Liberty and Franchise the King benignement kindly allowed and granted in full Parlement The Five 1 Ibm. n. 8. The Protestation of the 5 Lords Appellants Lords Appellants Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwic and Thomas Earl of Nottingham and Earl-Marshal made open Protestation in full Parlement That what they did touching their Appeal and Suit in that Parlement and had done before and all the Men and People being in their Company or of their Retinue or Assembly and with them in all that Affair was done principally to the Honour of God and in Aid and Safety of the King and all his Kingdom and the Safety of their Lives The Lords and Commons 2 Ibm. n. 11. Half a 10th and half a 15th granted granted half a Tenth and half a Fifteenth before the Parlement ended with Protestation That it was done of Necessity and that it might be no Prejudice to the Lords and Commons in time to come because it was granted And further they pray the King That notwithstanding the Grant so made the Parlement might hold on its course and be Adjourned if need were and that all things touching the said Parlement might be done and executed as if the Grant had not been made until the end of the Parlement in manner accustomed And the King granted their Request as a thing he ought to do of Reason Friday the 21st of March which was the 46th Day of Parlement 3 Ibm. n. 12. in fine The Prelates Lords and Commons swear the Prelates Lords and Commons made the Oath following upon the Cross of Canterbury in full Parlement Tou shall 4 Append. n. 106. Their Oath Swear That you will keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom And if any will do to the contrary thereof you shall oppose and disturb him to the utmost of your Power And if any People will do any thing against the Bodies of the Persons of the Five Lords that is to say Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal or any of them you shall stand with them to the end of this present Parlement and maintain and support them with all your Power to live and die with them against all Men no Person or any other thing excepted saving always your Legiance to the King and the Prerogative of his Crown the Laws and good Customs of the Kingdom The Lords and Commons grant to the King in Defence of the The Subsidy of Leather Wooll c. Realm a Subsidy upon Leather Wooll and Woollfells 5 Rot. Parl. 117 Ric. II. n. 16. granted upon condition upon Condition the Five Lords Appellants should have out of it 20000 l. by Assent and Grant of the King for their Costs and Labour and Expences before that time for the Honour Profit and Safety of the King and whole Kingdom The Commons 6 Ib. n. 23. The Commons Request to the King pray That no Person of what Estate soever do intermeddle with the Business of the Kingdom nor the Council of the King but those assigned in his Parlement unless it be by Order of the Continual Council And prayed also That they might have Power to remove all Persons from the King which they thought fit to remove and put others in their Places As to the first Point of this Article 7 Ibm. Ro. His Answer le Roy le voet the King granteth it As to the second if any Lord of the Council or other Lord of the Kingdom will inform the King that he had about him any Person not Sufficient or Honest he willeth That if it be proved he shall be put away and removed and another Sufficient by Advice of himself put in his Place In this 8 Ib. part 2. Alexander A Bp. of York the Duke of Ireland and Earl of Suffolk accused Parlement Thomas Duke of Glocester Constable of England Henry Earl of Derby
him had granted that Robert de Vere should be King of Ireland and to accomplish this wicked Purpose the foresaid Traitors counselled and excited the King to send Letters to the Pope to ratifie and confirm their Traiterous Intention without the Knowledge and Assent of the Kingdom of England or Land of Ireland in parting the King's Legiance in respect to both Nations in decrease of the Honourable Name of the King and in open Disherison of his Crown of England and full Destruction of his Loyal Lieges and the Nation of Ireland XII Also whereas by the Great Charter and other good Laws and Usages of the Kingdom no Man ought to be taken put in Prison or to Death without due Process of Law the fore said Nich. Brembre false Knight of London took by night certain Persons out of the Prison of Newgate Chaplanes and others to the Number of Twenty two some Debtors others accused of Felony and some Approvers in the Case of Felony and some taken and imprisoned there upon suspicion of Felony and led them into Kent to a Place called the Foul Oke and there encroaching to himself Royal Power as a Traitor to the King and without Warrant or Process of Law caused their Heads to be cut off all but one who was Appealed of Felony by an Approver and him he suffered to go at large at the same time XIII Also the foresaid Alexander c. Robert c. Michael c. Robert c. Nicholas c. Traitors to the King and Kingdom took great Bribes in many Cases in the Name of the King for Maintenance of Quarrels or Suits and one time took Bribes of both Sides or Parties as shall be more fully shewed if need be XIV Also these Five caused some Lords and others Loyal Lieges to be put out of the King's Council and so as they dare not speak in Parlement about the good Government of the King's Person or Kingdom XV. Also whereas in the last Parlement all the Lords Sages and Commons there assembled seeing the imminent Ruin of the King and Kingdom by the Perils and Mischiefs aforesaid and for that the King had forsaken the Counsel of the Kingdom and holden himself altogether to the Counsel of the said Five Evil-doers and Traitors and also for that the King of France with his Royal Power was Shipped at Sea ready to have Landed in England to have destroyed the Kingdom and Language thereof and there was no Ordinance then made or Care taken for the Safety of the King and Kingdom They knew no other Remedy than to shew the King fully how he was ill Governed Led and Counselled by the Traitors and Ill-doers aforesaid requiring him most humbly as his Loyal Lieges for the Safety of him and his whole Realm and to avoid the Perils aforesaid to remove from his Presence the said Evil-doers and Traitors and not to do any thing after their Advice but according to the Counsel of the Loyal and Discreet Sages of the Realm And hereupon the said Traitors and Evil-doers seeing the Good and Honourable Opinion of the Parlement to undo this Good Purpose by their false Counsel caused the King to Command the Major of London to kill and put to death all the said Lords and Commons except such as were of their Party to the doing whereof these great Traitors and Evil-doers should have been Parties and present in undoing the King and Kingdom XVI Also That those Five Traitors c. when the Major and Good People of London utterly refused in the Presence of the King to Murder the Lords and Commons by their said Traiterous Accroachment falsly Counselled the King and prevailed with him to leave the Parlement for many Days and caused him to certifie fist certifier That he would not come to the Parlement nor Treat with the Lords and Commons of the Business of the Kingdom for any Peril Ruin or Mischief that might happen any ways to him or the Realm if he were not first assured by the Lords and Commons that they would not speak or do in that Parlement against any of the Misdoers saving that they might proceed on in the Process which was then commenced against Sir Michael de la Pole to the great Ruin of the King and Kingdom against the ancient Ordinances and Liberties of Parlement XVII Also the said Lords and Commons after they understood the King's Mind by the wicked Excitation and Counsel of the Five c. was such as he would not suffer any thing to be commenced pursued or done against the said Mis or Evil-doers mesfesours they dare not speak or proceed against the King's Will and then in Parlement was read the Counsel and Advice of the Lords and Justices and other Sages and Commons of Parlement how the Estate of the King and his Royalty might be best saved against the Perils and Mischiefs aforesaid and they knew not how to find any other Remedy than to ordain That Twelve Loyal Lords of the Land should be the King's Council for One Year and that there should be made such a Commission and Statute by which they should have full and sufficient Power to Ordain c. according to the Effect of the Commission and Statute by which Commission and Statute no Man was to Advise the King against them under Forfeiture for the first Offence of his Goods and Chattels for the second Offence Life and Member Which Ordinances Statute and Commission were made agreeable to the Assent of the King the Lords Justices and other Sages and Commons assembled in the said Parlement to save the King his Royalty and Realm The said Traitors and Misdoers by their Evil False and Traiterous Informations of the King that the said Ordinance Statute and Commission were made to Defeat his Royalty and that all those who procured and counselled the making of them and those who excited the King to Consent to them were worthy to be done to Death as Traitors to the King XVIII Also after this the said Five Misdoers and Traitors caused the King to assemble a Council of certain Lords Justices and others many times without the Assent and Presence of the Lords of the Great Council and made divers Demands of them very suspicious of divers Matters by which the King Lords and Common People were in great Trouble and the whole Realm also XIX Also to accomplish the said High Treason the Misdoers and Traitors Alexander c. Robert c. Michael c. by the Assent and Counsel of Robert Tresilian and Nicholas Brembre caused the King to go through the Kingdom with some of them and into Wales and caused him to make come before him the Lords Knights and Esquires and other good People of those Parts as well of Cities and Burghs as other Places and made some to enter into Bond others by their Oaths to stand with him against all People and to effect his Purpose which at that time was the Will and Purpose of the said Misdoers
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
Temporal as well the Lords Appellants as all others and by them agreed That considering the tender Age of the King before that time and the Innocency of his Royal Person that nothing contained in the Appeal nor in any Article thereof nor in the Judgments given should be accounted any Fault or Dishonesty in his Person in no manner for the Cause abovesaid nor should turn in Prejudice of his Person by any Contrivance or Interpretation whatever but that the false Treason and Default abovesaid should be charged upon the Appealed and that the Judgments given against them should have full Force and Virtue notwithstanding any thing could be said or alledged to the contrary Upon 2 Ibm. Several others impeached by the Commons Monday the 2d Day of March next following Sir Robert Belknap late Chief Justice of the Common Bench Sir Roger Fulthorp Sir John Holt Sir William Burgh late his Companions of the same Bench Sir John Cary late Chief Baron of the Exchequer and John Loketon late Serjeant to the King were accused and impeached by the Commons in Parlement for putting their Hands and Seals to the Questions and Answers aforesaid by the Procurement of the Appealed and Convicted Persons of Treason to cover and affirm their High Treasons c. pour coverer affermir lour hautes Tresons a Copy whereof was exhibited and read before them and they were answered as was surmised by the Commons in the said Copy and they answered They could not gainsay it but that the Qustions were such as were asked them but the Answers were not such as they put their Seals to Sir Robert 3 Ibm. Sir R. Belknap his Excuse Belknap pleaded That the Arch-Bishop of York in his Chamber at Windsor told him That he devised the Commission and Statute c. That the King hated him above all Men and that if he found not some way to make void the Statute and Commission he should be slain as a Traitor He answered That the Intention of the Lords and such as assisted at the making of them was That they should be for the Honour and good Government of the State of the King c. That he twice parted from the King dissatisfied and was in doubt of his Life and said the Answers were not made by his Good-will but contrary to his Mind by the Threats of the Arch-Bishop of York Duke of Ireland and Earl of Suffolk and that he was Sworn and Commanded in the Presence of the King upon pain of Death to conceal this matter as the Counsel of the King And prayed for the Love of God he might have Gracious and Merciful Judgment Sir John Holt 4 Ibm. Sir J. Holt made the same Excuse alledged the same matter of Excuse and made the same Prayer Sir William 5 Ibm. Sir W. Burgh and Sir J Cary the same Burgh and Sir John Cary pleaded the same matter of Excuse and made the same Prayer Sir Roger 6 Ibm Sir R. Fult●orp and J. Loket●n the same Fulthorp and John Loketon make the same Excuse and Prayer To which 7 Ibm. Notwithstanding their Excuses the Commons pray they may be Judged Convicted and Attainted as Traitors the Commons answered They were taken and holden for Sages in the Law and the King's Will was That they should have Answered the Questions as the Law was and not otherwise as they did with Design and under colour of Law to Murder and Destroy the Lords and Loyal Lieges who were Aiding and Assisting in making the Commission and Statute in the last Parlement for the good Government of the State of the King and Kingdom and therefore the Commons pray they may be Adjudged Convicted and Attainted as Traitors Upon 8 Ibm. which the Lords Temporal took time by good Deliberation to examin the Matter and Circumstances of it and for that they were at and knew of the making of the Statute and Commission which they knew were made for the Honour of God and Their Judgment for the good Government of the State of the King and whole Kingdom and that it was the King's Will they should not have otherwise Answered than according to Law and had Answered as before They were by the Lords Temporal by the Assent of the King adjudged to be Hanged and Drawn as Traitors and their Heirs Disherited their Lands Tenements Goods and Chattels to be forfeit to the King On 9 Ibm. J. Blake impeached Tuesday March 3. John Blake and Thomas Vsk were brought into Parlement and first John Blake was impeached by the Commons That being retained of Council for the King drew up the Questions to which the Justices made Answer and contrived with the Persons Appealed that the Lords and others the King 's Loyal Lieges that caused the Commission and Statute to be made in the last Parlement to have them indicted in London and Middlesex for Treason and that they might be arrested and falsly traiterously and wickedly murdered and that he was aiding and advising in the Treasons aforesaid to the Appealed Then Thomas 1 Ibm. T. Usk accused Vsk was accused for procuring himself to be made Vnder-Sheriff of Middlesex to the end to cause the said Lords and Loyal Lieges to be Arrested and Indicted as hath been said before and was Aiding and Counselling the Appealed in the Treasons aforesaid John 2 Ibm. Their Answers Blake answered he was retained of Counsel for the King by his Command and sworn to keep secret his Advice and whatever he did was by the King's Command whom he ought to obey And Thomas Vsk gave the same Answer Whereupon the Lords Temporal took Deliberation until the morrow being the 4th of March when the said John and Thomas were again brought into Parlement and good Advice and Deliberation having been taken by the Lords pronounced them Guilty of the things whereof they were accused 3 Ibm. And Judgments And whereas they alledged for their Excuse the King's Command it made their Crime the greater for that they knew well that the Appealed and Adjudged accroached to themselves Royal Power as said is before and it was their Command and not the King 's and then the Lords Awarded by Assent of the King they should both be Drawn and Hanged as Traitors and open Enemies to the King and Kingdom and their Heirs Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and they were Executed the same Day On 4 Ibm. Sir ● B●●●n●p and 5 others Friday the 6th of March Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon were brought into the Parlement and the Lords were advised That they were at the making of the Commission and Statute in the last Parlement and Sir John Cary knew well they were made to the Honour of God and the good Government of the State of the King and the whole Kingdom and so on as before And then
they had Judgment again passed on them as before By the Mediation of the Bishops had their Lives spared and at that very Moment came the Arch-Bishop of Canterbury and all the Bishops of both Provinces and prayed the Lords Temporal the Execution as to their Lives might be respited that they might obtain their Lives of the King He ordered Execution should be stayed and granted them their Lives As to the other part of their Sentence that was to remain in force and their Bodies in Prison during the King's Pleasure until the King by Advice of the Lords should direct otherwise concerning them On the same 5 Ibm. The Bp. of Chichester and the King's Confessor impeached Friday Thomas Bishop of Chichester and the King's Confessor impeached and accused by the Commons That he was present at the Places and Times when the Questions were put to the Justices c. and the Answers made and excited them by Threats to answer as they did knowing the false Purposes and Treasons designed by the Traitors adjudged and aided and assisted them and would not make Discovery to any of the Lords that caused the Commission to be made last Parlement whereby Remedy might have been had for the Safety of the King and Kingdom 6 Ibm. To which the Bishop answered of his own free Will That he did not excite them to do or say any thing And further said They were not excited or charged to say any thing but what the Law was And touching the Concealment of the Treasons he had made such Assurance and Affiance as he could not discover And said further That the Traitors were about the King and had such Power over him before he had so great Interest in the King as to prevent such Mischiefs as might come upon him The Commons replied He had upon the Matter confessed himself Guilty and prayed he might be Attainted Upon this Answer of the Bishop the Replication of the Commons and all Circumstances of the Accusation the Lords took time to give such Judgment as might be for the Honour of God and Profit of the King and Kingdom 7 Ibm. Sir S. Burley and 3 others impeached During which time on the 12th of March Simon Burley Kt. John Beauchamp of Holt Kt. John Salisbury Kt. and James Barners Kt. were brought into Parlement and at the Request of the Commons impeached The Articles exhibited against them were Sixteen 8 Ibm. The Articles against them The first Article in the Appeal was the first Article in this Impeachment In the second Article they are accused as Traitors and Enemies of the Kingdom for that they knew of all the Treasons in the Appeal mentioned and that they were Aiding Assisting Counselling and Assenting to all the Traitors attainted and that Simon Burley and John Beauchamp were Principal Actors in all the Treasons In the eighth Article they were accused for Conspiring and Designing with the Five Appealed to destroy and put to Death those who were Assenting to the making of the Commission and Statute in the last Parlement The rest are of less moment but all relating to the Articles of the Appeal 9 Ibm. They all answer Not Guilty The Commons replied They were Guilty The Lords take time to examin and consider the Impeachment Upon this and the Bishop of Chichester's Impeachment the Lords Temporal until Friday the 20th of March on which Day the Parlement was Adjourned unto the Monday next after or on the morrow of the Quinden of Easter or 13th of April On which Monday the Lords Temporal took time to Deliberate upon these Matters until the 5th of May when Simon Burley was brought into the Parlement and the Lords by due and sufficient Examination and Information found him Guilty of what he was Impeached in the eighth Article which had been adjudged Treason and by Assent of the King Awarded he The Judgment against Sir S. Burley who was executed should be Drawn Hanged and his Head Chopped off The King Pardoned his Drawing and Hanging but his Head was Chopt off the same Day on Tower-Hill His Heirs were Disherited for ever and his Lands Tenements Goods and Chattels forfeit to the King as part of the Judgment On the 12th of 1 Ibm. The 3 others had the same Judgment and executed March John Beauchamp John Salisbury and James Barners were brought into Parlement and had the same Judgment Beauchamp and Barners had their Drawing and Hanging Pardoned and had their Heads struck off on Tower-Hill and were all Executed on the same 12th of March. On the same Day the 2 Ibm. Judgment against the Bp. of Chichester Bishop of Chichester was sent for into Parlement where the Lords Temporal found him Guilty of Treason as it was laid in the Impeachment and by Assent of the King they Awarded his Heirs should be Disherited his Lands Tenements Goods and Chattels forfeit to the King and the Temporalties of his Bishoprick seized into the King's hands As to his Person the Lords would advise what to do for the Honour of God and Holy Church and the Safety of the State of Prelacy and of the Laws of the Land And then in the same Parlement it was 3 Ibm. He was with 6 others banished into Ireland Ordained That this Bishop Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon should be sent into Ireland to several Towns and Places there to remain during their Lives 4 Ibm. Their allowance from the King by Order of Parlement And it was also then Ordered That Sir Robert Belknap and Sir Roger Fulthorp for their support during their Lives should have Forty Pounds a Year Sir John Holt and Sir William Burgh Forty Marks a Year Sir John Cary and John Loketon Twenty Pounds a Year of the King's Gift and each of them to have Two Servants to wait on them And that the Bishop of Chichester might have annually Forty Marks for his Sustenance during his Life if any of his Friends would give him so much Upon 5 Stat. at Large 11 Ric. II. c. 1. Four Petitions of the Commons R●● P●rl 11 R c. II part 1. n. 37. That the Commission and Statute should be confirmed Also what the Duke of Glocester Earls of War●●● Ar●●d●● D●●by and Notting●●m did Petition of the Commons the Ordinance and Commission made the last Year were confirmed and all that was done in that Parlement and also what the Duke of Glocester Earls of Warwick and Arundel did and all that the same Duke and Earls with the Earls of Derby and Marshal or any of them did or any other of their Company or of their Aid or of their Adherents or any of them by their Assemblings Ridings Marchings in Arms Appeals and Pursuits as things done to the Honour of God the Safety of the King Maintenance of his Crown and Safety of the whole Kingdom And also in pursuance of the same Petition had
a full Pardon for all things they had done or committed Upon a second Petition of the Commons 6 Ib. chap. 2. n. 38. That several should be pardoned all those that had been of the Retinue Company Force Aid Counsel Assent or Adherence of them that were Attainted or Judged in this Parlement for all things they had done were pardoned except some there named A third 7 Ib. chap. 3. n. 38. That what was done in the last Parlement should be confirmed Petition was delivered in the same Parlement That the Appeals Pursuits Accusations Process Judgments and Executions made and given in this Parlement be Approved Affirmed and Established notwithstanding the Lords Spiritual were absent and that by Imagination Interpretation or any other Motion none of the same be reversed broken or annulled in any manner And whosoever should make pursuit to break annul or reverse any of them shall be judged to have Execution as a Traitor Provided always that this Acceptance Approbation Affirmance That what was done in that Parlement not to be drawn into Example for the time to come and Stablishment touching the Assemblies Appeals Pursuits Accusations Process Judgments and Executions be in force in this Case only and that they be not drawn into Example or Consequence in time to come And though divers Points were declared for Treason in that Parlement which were not declared by Statute before That no Justice have Power to give Judgment of other Case of Treason nor in other manner than they had before the beginning of this Parlement A fourth 8 Ib. chap. 3. n. 38 39. That none of the Appealed or Impeached to be restored to the Law Petition was then also delivered That none of the Traitors attainted by the Appeal or Accusations of the Commons who were alive should be reconciled or restored to the Law by Pardon or any other manner saving the Grace and Pardon that was made in this Parlement and any one that should endeavour to have such a thing done should be Judged and have Execution as a Traitor The 9 Ib. Ro● Parl. 11 Ric. II. n. 10. n. 39. Ro. Answer to all these Petitions was That the King The K. grants all four Petitions upon the Assent of the Lords and Commons granted the Petitions in all Points and willed his Grant should be firm and stable according to the Contents of the Petitions without blemish for ever Then the 1 Rot. Parl. 11 Ric II. n. 46. The Commons petition the King to renew his Coronation-Oath the Prelates their Fealty and Lords Temporal their Homage Commons humbly pray the King for the nourishing of greater Love Peace and Quiet for the future in all Parts of the Nation That he would please to renew his Coronation-Oath and that the Prelates might renew their Fealty and the Lords Temporal their Homage notwithstanding they had done it before The Preparation and Introduction to this great Ceremony was the Mass of the Holy Ghost sung in the Church of 2 Ib. n. 47 Which was done Westminster on Wednesday the 3d of June and in the 121st Day of the Parlement and a Sermon Preached by the Arch-Bishop of Canterbury when the King of his Free-will after Mass and Sermon were done did renew His Oath with great Solemnity in the said Church le Roy de sa Franche volunte renovella son dit serement ove grant Solemnity en la Eglise de Westminster at which time the Prelates sware Fealty to him and the Temporal Lords did him Homage This done the Prelates Lords Temporal and Commons made openly a New Oath as followeth You shall 3 Append. n. 107. A new Oath Swear That you shall not Assent or Suffer as much as in you is that any Judgment Statute or Ordinance made in this present Parlement shall in any manner be annulled reversed or repealed in any time to come and further That you shall support the Good Laws and Vsages of the Kingdom and to your Power firmly keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom without disturbing it in any manner So God help you and the Saints And the 4 Rot. Parl. 11 Ric. II. n. 49. Those that brake the new Oath Excommunicated Arch-Bishop of Canterbury and Prelates Excommunicated all such as should break the Peace and Quiet of the Realm and do contrary to this Oath On the next day this Parlement ended being Thursday the 4th of June which says Knighton was called the Vnmerciful Parlement Parliamentum sine Misericordia Col. 2701. line 2. This Oath was urged 5 Clause 11 Ric. II. M. 13 or 14 Dors in Cedula This Oath generally administred to Gentlemen c. upon all Gentlemen and Dignified Persons of the Clergie in all Counties in England and upon all the Majors Bayliffs and Aldermen of all Cities Burghs and Towns by the King 's Writ directed to the Sheriff and one special Commissioner to administer it dated June the 4th 11th of Richard II. This year the 6 Knighton col 2728. n. 40. The Scots enter England burn and waste the Country A Battel between the English and Scots Scots invaded the West Marches of England near Carlisle burnt and plundered the Country and carried away with them Three hundred Persons They also about the beginning of August invaded the East Marches and burnt plundered and wasted the Country In this Invasion were many of the most considerable Men in Scotland with the Chief Strength of that Kingdom Henry Percy Son and Heir to the Earl of Northumberland called Hot spurre opposed and fought with them near Newcastle he with his own Hand killed Earl Douglas the most Potent of the Scots and Mortally wounded the Earl of Murry yet he himself was taken with his younger Brother and Twenty one Knights and many other Men at Arms and Archers and carried into Scotland There were also many Scots taken amongst whom was was James Lindsey the Queen's Brother This Fight was on the 7 Ib. c. 2729. l. 2. A. D. 1389. 12 Ric. II. A Truce made at Leulingham for 3 years 1● R. II. Wednesday before St. Laurence or 10th of August in the 12th of Richard the Second The number of the Slain were Eleven hundred This year there was a Truce concluded at Leu Linghame a Place between Calais and Boloign from the First of August A. D. 1389 to the Sixteenth of August 1392 between the King of France and all his Allies the Kings of Spain of the Romans Portugal the King of Scots c. And the King of England and all his Allies 8 The Original in the Chapter-House at Westminster confirmed by the King of Scots at Perth on the 16th of July 1390. About the 9 Walsingh f. 342. n. 10. The Duke of Lancaster's Return into England beginning of November this year the Duke of Lancaster returned from Gascony into England where and in Spain he had been Three years and about
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
them to the Parlement which was to begin on the Monday next after the Exaltation of Holy Cross or 14th of September which was that Year on the Friday so as the Parlement began the 17th of that Month. First the Bill 6 Ibm. The Effect of the Bill of Appeal and the Articles against them sets forth That the Duke of Glocester and Earl of Arundel designing to accroach and have the Government of his Royal Person and Kingdom his Liberties and all his Dignities as well within the Kingdom as without when the Parlement sate at Westminster in the 10th Year of his Reign sent a Peer of the Land to him who on their Behalf and by their Command told him That if he would not Consent to make to Them and Others they should Name such a Commission whereby they might have the Government as above he should be in Danger of his Life and the Lords and Commons of Parlement would depart without his Leave and then he should see in what a strait Condition he would be in So that by their Power and for Fear he granted such a Commission as they desired And then follows the Commission Dated at Westminster Nov. 19. in the 10 of his Reign by virtue whereof the Commissioners took the Government upon them Also 7 Ibm. the Duke and Earl of Arundel to accomplish their Traiterous Purpose and to have your Person ordered as they pleased and the Government of your whole State Laws Majesty and Dignity prevailed with Thomas Earl of Warwic and Thomas Mortimer to join with them in their Traiterous Design who by Agreement as Traitors to the King and Kingdom all met and assembled on the 13th of November in the 11th Year of your Reign at Haringay in Middlesex with a great Number of People Armed and Arrayed And made divers of your Liege People in several Parts of your Realm to rise and march with them against you contrary to their Legiance And would not come before your Presence until they were secured by your Oath they might come and return safely which notwithstanding they all came before you in your Palace at Westminster with great Force of Armed Men and traiterously Constrained you to take them into your safe Protection against your Will Also 8 Ibm. the Duke the Earls of Arundel and Warwic and Thomas Mortimer continuing their Traiterous Purpose by Force of People did take and imprison divers of your Liege People and amongst others Sir Simon Burley and brought him to your Parlement held on the morrow of the Purification in the 11th of your Reign and there suggested divers Points of Crime and Treason against him And the Advice of every Lord then present was asked concerning the Crimes of the said Simon and afterwards the Duke and Earls would know your Advice or Opinion voloint savoir vostre avys and you answered plainly He was not Guilty in any Point objected against him And after that the Duke and Earls caused you to come into a secret Place at Westminster and shew you the Points of the Crimes abovesaid To whom you then answered The said Simon was not any ways Guilty of any of those Points And there they took upon them traiterously to have you constrained to have consented to the Judgment they designed against him and you would not consent to any Judgment to be given against the said Simon Yet nevertheless ●●e said Duke and Earls took upon them Royal Power in Prejudice of you and in Derogation of your Crown and without your Assent and contrary to your Will in your Absence and in the Absence of many other Peers of Parlement without their Assent and against their Wills awarded the said Simon should be Drawn Hanged and Decollated and thereupon they caused his Head to be struck off traiterously against your Peace Crown Majesty and Dignity Also 9 Ibm. the foresaid Duke Earls and Thomas Mortimer continuing their Malicious False and Traiterous Purpose and Force at Huntington on Thursday after the Feast of St. Nicholas or 6th of December in the said 11th Year Traiterously agreed and intended to have gone with their Force to any Place of the Kingdom where they might have found you to have surrendred to you their Homage Liege and to have Deposed you and this they would have done had they not been hindred by Henry de Lancaster Earl of Derby and Thomas Mowbray Earl of Nottingham And the Duke and Earls continuing their Traiterous Intention and Force by Agreement between them caused the Records in your Treasury of the Time of your Great Grandfather King Edward to be searched how he Demised himself of his Crown or Quitted his Crown and they shew to you in Writing the Causes of the Demise of his Crown in your Palace at Westminster in the time of Parlement in the 11th Year coment vostre dit besail soy demyst de sa Coroun monsterent en escript a vous tres redoute Sr. les causes del demys de sa Coroun deinz vostre Royal Palyes de Westminster a dit Parlement lan unzisme And they said falsly and traiterously That they had Cause sufficient to Depose you but for the Reverence they had for your most Noble Grandfather and most Noble Father And said also That in hopes of your better Government they would suffer you to continue in your Royal Estate and Regalty Which 1 Ibm. Treasons so imagined or contrived done and perpetrated by the foresaid Duke Earls and Thomas Mortimer against your Royal Person Estate Majesty and Dignity as is above declared We Appellants there named your Loyal Lieges have been and are ready to prove against the said Duke the Earls of Arundel and Warwic and Thomas Mortimer as you most Dread Lord and this High and Honourable Court your Parlement shall Order Thus far the Articles of the General Appeal against these Four Persons Which having been read 2 Ibm. the Appellants prayed the King the Appealed might be brought before him in Parlement to make their Answer And accordingly Ralph Lord Nevill Constable of the Tower there present had Order to bring before the Parlement Richard Earl of Arundel then his Prisoner and did so on the 21st of September On the fourth Day of the Parlement The Trial of the Earl of Arundel when by Command of the King and the Peers the Duke of Lancaster Steward of England told him That he was Appealed of divers High Treasons and the Appeal having been read to him his Answer That he had a General Pardon in the Parlement holden His Plea in the 11th of the King's Reign and a Charter of Pardon made to him within six Years and prayed the Allowance of them To whom it was said by the Duke of Lancaster by Command of Over-ruled the King and Advice of all the Peers of Parlement That the Pardon made in the 11th Year was made by constraint upon the King by the Duke Earls and others of their Party accroaching to themselves
Royal Power in Prejudice of the King his Royal Estate his Crown and Dignity And that the Charter of Pardon was made in Deceit of the King and expresly against him his Royalty sa Regalie and Dignity wherefore the said Pardon and Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command declared to him the Law and the Punishment he must undergo if he said nothing else and told him if he did not plead further he would be Convict and Attainted of all the Matters objected against him Notwithstanding this and the Repeal of the Charter and Pardon he demanded the Allowance of them The Appellants in their proper Persons prayed the King it would please him to give Judgment upon him as Convict of all His Judgment the Points he was Appealed Whereupon the Duke of Lancaster by Command of the King and all the Lords Temporal and Sir Thomas Percy having Power sufficient from the Prelates and Clergy as appeared by Record in this Parlement Awarded the Earl of Arundel Culpable and Convict of all the Points of which he was appealed and adjudged him Traitor to the King and Realm and that he should be Drawn Hanged Headed and Quartered and because The Aggravation of his Treasons the Treasons were so high as to have surrendred their Homage Liege and Deposed the King and the Levying of War having been so notorious the said Duke of Lancaster by Command of the King the Lords Temporal and Monsieur Thomas Percy having Power as above by Assent of the King Awarded That all the Castles Mannors Lands Tenements Reversions Fees Advousons and every other manner of Inheritance as well in Fee-taile as Fee-simple which were the Earl of Arundel's on the 19th of November in the 10th Year of the King or afterwards and also all the Lands and Tenements of which other Persons were in●eo●●ed to his Vse the said 19th of November or afterwards should be forfeit to the King and his Heirs and also all his Goods and Chattels should be forfeited to the King who pardoned the Execution of his Judgment to be Drawn Hanged and Quartered but was Beheaded near the Tower of London on the same Day The King and Lords as well Spiritual and Temporal would not nor was it their Intention that the Lands and Tenements Fees Advowsons Reversions or any other Inheritance the said Earl of Arundel was infe●●ed to the use of another by reason of this Judgment should in any manner be forfeit On the same day the Earl of Arundel was 3 Append. n. 111. brought into Parlement Tryed and Convicted the King directing his Warrant to Thomas Earl Marshall Captain of the Town of Calais and to his A Warrant to the Earl Marshall to bring the Body of the Duke of Glocester into Parlement Lieutenant That he should bring the Body of Thomas Duke of Glocester in his Custody with all speed he could to Answer to divers Articles of Treason in Parlement according to the Law and Custom used in England objected against him by the Appellants and to do further and receive what should be ordered by him and his Council concerning him in Parlement Dated at Westminster the 21st of September in the 21st year of his Reign by the King and Council in Parlement The 4 Ibm. The Earl Marshal returned he was dead Answer of the Earl Marshall was That he could not bring him before the King and his Council in that present Parlement for that he being in his Custody in the King's Prison at Calais died there This Return was made September 24. Upon 5 Pleas of the Crown 21 Ric. II. Reading of this Writ and Return in Parlement the Appellants in their proper Persons prayed the King That the Duke of Glocester might be declared Traytor and Enemy to him as having levied War in the Kingdom against his Person contrary to his Ligeance and that all his Lands Tenements Goods and Chattels as they ought in this Case notwithstanding his Death might be forfeit Whereupon the Commons also of this Parlement prayed the King and Lords That it being notoriously known to the King and all the Estates of the present Parlement and to all the Kingdom that the Duke and others of his Party assembled at Haringay in the County of Middlesex with a great number of People Armed and Arrayed to make War against the King contrary to their Ligeance and came with such Force into the presence of the Person of the King which was to levy War against their Liege Lord That he might be adjudged Traytor and that his Lands Tenements Goods and Chattels might be forfeit notwithstanding his Death as they ought in this Case Upon this all the Lords Temporal and Monsieur Thomas Percy having Power as abovesaid having been fully Examined said That the said Crime and Treason were notoriously known to them and the whole Kingdom wherefore His Judgment all the Lords Temporal and Monsieur Thomas Percy by assent of the King declared him guilty of levying of War and Traytor and adjudged all his Castles Mannors Lands c. which he was possessed of on the 13th of November in the Eleventh year of this Reign as in the Earl of Arundel's Judgment forfeit to the King and his Heirs And that none of his Issue or Heirs of his Body or their Issue or Heirs in time to come should ever bear the Royal Armes of England intire nor with difference ne ove deference or in other manner whatsoever nor should inherit the Crown of England Upon 6 Ibm. the 25th of September the Appellants in full Parlement prayed the King That if there were any thing upon Record whether by Confession of any Person appealed or other Person whatsoever touching their Appeal that it might be openly known and declared in full Parlement Then by Command of the King and Advice of all the Lords Temporal 7 Append. n. 112. The Confession of the Duke of Glocester when Prisoner before Sir William Rickhill a Commission bearing Date the 17th of August this year was read directed to Monsieur William Rickhill one of the Justices of the Common Bench and a Confession made before him by Thomas Duke of Glocester by force of that Commission and the Return of that Commission was then also Read which follows in these Words This is the Answer 8 8 Pleas of the Crown in Parlement 21 of Ric. II. of William Rickhill to the Commission of his Liege Lord. THomas Duke of Glocester be the name of Thomas of Woodstok the zer of the King Richard Twenty one in the Castle of Cales by vertue of a Commission of the King as it is more plainly declared in the same directed to William Rickhill Justice hath * * Declared
I know and confessed to fore the same William all the Matters and Points I wrote that is wrot in this great Roll annexed to this Scedule the which Scedule and great Roll both Sealed under the Seal of the aforesaid William and all the Matters and Points I know that is declared and confessed by the foresaid Duke in the Castle of Caleys the foresaid Duke be his own Hand fully and plainly I wrot delivered it to the same William Rickhill in the presence of John Lancaster and John Lovetot and all that ever the foresaid William Rickhill dede touching this Matter it was I doe that is done in the presence of the foresaid John and John and in none other manner I Thomas of Woodstok 9 9 Ibm. the Zer of my Lord the King twenty one be the vertue of a Commission of my Lord the King the same Zer directed to William Rickhill Justice the which is comprehended more plainly in the foresaid Commission knowleche that I was one with sterynge of other Men to assent to the making of a Commission in the which Commission I among other restreyned my Lord of his freedome and took upon me among other Power real that is Royal truly not knowing ●e witting that time that I did against his Estate nor his Royalty as I did after and do now And forasmuch as I knew afterward that I had done wrong and take upon me more then me ought to do I submitted me to my Lord and cried him Mercy and Grace and yet do as truly and as meekly as any Man may and put me high and low in his Mercy and in his Grace as he hath always been full of Mercy and Grace to all other Also in that time that I came Armed into my Lord's presence and into his Palace howsoever that I did it for drede of my Life I knowlech for certain that I did Evil and against his Regalte and his Estate wherefore I submit me lowly and meekly to his Mercy and to his Grace Also in that I took my Lords * * At R●d●●t Bridge Letters of his Messages and opened them against his leave I knowlech that I did Evil wherefore I put me lowly in his Grace Also in that that I sclaundred my Lord I knowlech that I did Evil and Wickedly in that that I spake to him in sclaunderous wise in audience of other folk bot by the way that my Soul shall too I meant none Evil therein nevertheless I wot and knowlech that I did evil and unkindly wherefore I submit me high and low in his Grace Also in that I among other communed and asked of certain Clerks whither that we might give up oure Homage for dread of our Lives or not and whither that we were assentid thereto for to do it trewly and be my troth Ine have now none full mind thereof that is he did not remember it but I trowe rather yee then nay wherefore I submit me high and low evermore in his Grace Also in that that I was in place there it was communed and spoken in manner of deposal of my Liege Lord trewly I knowlech well that we were assentid thereto for two days or three and then we for to have done our Homage and our Othes and put him as highly in his Estate as ever he was but for south that is sooth there I knowlech that I did untrewly and unkindly as to him that is my Liege Lord and hath been so good and kind Lord to me wherefore I beseeche to him notwithstanding my● unkindnesse I beseche him evermore of his Mercy and of his Grace as lowly as any Creature may beseche it unto his Liege Lord. And as of any new thing or Ordenance that ever I should have witting or known ordained or assentid privy or appert that should have been against my Lord's Estate or his Lust that is Will or any that longeth about him syth that day that I swore unto him at Langeley on God's Body trewly and by that Ooth that I there made I never knew of gathering against him ne none other that longeth unto him And as touching these Points that I have made Confession of to for William Rickhill Justice in the which I wot well that I have offended my Lord unkindly and untrewly as I have said before how that I have in all these Points offended him and done against him trewly and as I will answer before God it was my meaning and my weaning that is weening or thinking to do the best for his Persone and for his Estate Nevertheless I wot well and know well nowe that my Deeds and my Workings were against my intent bot by the way that my Soul shall to of these Points and of all other the which that I have done of negligence and of unkunning it was never myne intent ne my will ne my thought for to do thing that should have been distresse or harmeing against salvation that is safety of my Liege Lords Persone as I will answere before God at the Day of Judgment And therefore I beseech my Liege and Soveraign Lord the King that he will of his high Grace and Benignity accept me to his Mercy and his Grace as I that put my Life my Body and my Goods wholly at his Will as lowly as meekly as any Creature can do or may do to his Liege Lord beseeching to his high Lordship that he will for the Passion that God suffered for all Mankind and the Compassion that he had for his Mother on the Crosse and the Pitty that he had of Mary Magdalen that he will vouchsafe for to have Compassion and Pitty and to accept me to his Mercy and to his Grace as he that hath ever been full of Mercy and of Grace to all his Lieges and to all other that have nought been so nigh unto him as I have been though I been unworthy After this Return to the Commission had been read the Apellants prayed That William Rickhill approved for his Loyalty and William Rickhill declares in Parlement the manner of the Duke of Glocester's Confession Discretion might be commanded by the King upon his Ligeance to declare the truth touching this Confession who in the presence of the King the Lords Spiritual and Temporal and Commons in Parlement said and declared That about Eight of the Clock before Noon he came within the Castle of Caleys to the Duke of Glocester being then in good Memorie and out of Prison esteant alors en bone memorie hors de duresse de prison and shew him the Commission and the cause of his coming to him in the presence of John Lancaster and John Lovetoft and prayed him that what he had to say he would put down in Writing and then departed Then returning to him about Nine of the Clock afternoon the same day the Duke read in writing the said Confession with his own Mouth and gave the same to William Rickhill with his own Hand And further William Rickhill said to
and besieged the Castle and took it and within it William Lescrop Treasurer Sir John Bussy and Sir Henry Green all the King's Counsellors who the next day by the Clamor of the People had their Heads struck off The Duke of York the King's Uncle and Guardian of the Kingdom with several Bishops Noblemen and the King's Council consulted how they might oppose the Duke but could do nothing King Richard when he heard in Ireland of his Landing 9 Ibm. n. 40 50. The Nobility and People desert King Richard secured the Sons of the Duke of Lancaster and Glocester in Trim Castle and with the Dukes of Albemarle Excester and Surrey the Bishops of London Lincoln and Carlisle and many others Shipped themselves with all speed that they might raise such a Force as might hinder the Duke's Progress But when he landed understanding his own Condition That the People and greater part of the Lords had forsaken him and gone in to Duke Henry he laid by all thoughts of Fighting and likewise dismissed his Family giving them notice by his Steward Sir Thomas Percy That they might provide for and reserve themselves for better Times The King shifting up and down here and there for many days the Duke always following him with his Army at length fixed at Conway Castle and desired to have Discourse with the Arch-Bishop and Earl of Northumberland to whom he declared He would quit his Government if he might have his Life secured and an Honourable He offers to Quit his Government his Life and an Honourable Maintenance secured Which was Granted Provision made for himself and Eight Persons he should Name These things granted and confirmed he went to Flint Castle where after a short Discourse with the Duke of Lancaster they mounted their Horses and went to Chester Castle that night the Duke 's numerous Army following him At Chester 1 Clause 23 Ric. II. M. 3 Dors Writs for a Parlement in King Richard's Name He is secured in the Tower of London summons were issued in King Richard's Name for the meeting of a Parlement on the Morrow of St. Michael or 30th of September dated there on the 19th of August in the 23d of his Reign In the mean time the King was brought to and secured in the Tower of London until the Parlement should sit Holingshed tells us 2 Chronicle f. 501. a. col 2. The Duke's Obeysance to King Richard at their first meeting And Declaration of the Cause of his coming into England The Duke received at London with great Rejoycing ● The Instruments of the King's Resignation and Deposition contrived by his Order the Duke at the first meeting of King Richard which was at Conway Castle in Carnarvonshire as he came towards him made a Reverend Obeysance and going on did so a second and third time the King taking him by the Hand and bidding him Welcome whereupon humbly Thanking him said The Cause of his coming was to have Restitution of his Inheritance unto which the King readily assented and called for Wine and when they had drank mounting their Horses they rode to Flint and to Chester where they stayed two or three days and went from thence to Nantwich and so the common Rode to London where the Duke was received with all imaginable Expressions of Joy and the King sent to the Tower where we hear no more of him until Michaelmass-Day against which time the Instruments of his Cession Resignation and Deposition with the Articles against him were prepared which are here recited from the Parlement Roll exactly Translated The Roll of Parlement summoned and holden at Westminster in the Feast of St. Faith the Virgin or 6th of October in the Year of King Henry the Fourth after the Conquest the First Membrane xx The Record and Process of the Renunciation of King This Record is Printed in X. Authores Col. 2744. and in Pryn's Plea for the Lords p. 425. which I have compared with the Original Richard the Second after the Conquest and the Acceptation of the same Renunciation likewise with the Deposition of the same King Richard as it here follows BE it Remembred 1 1 Rot. Parl. 1 Hen. IV. N. 10. That on Monday in the Feast of St. Michael the Archangel in the Twenty third year of the Reign of King Richard the Lords Spiritual and Temporal and other Notable Persons That is to say The Lord Richard le Scrop Arch-Bishop of York John Bishop of Hereford Henry Earl of Northumberland and Ralph Earl of Westmerland the Lord Hugh Burnell Thomas Lord Berkley the Prior of Canterbury and Abbat of Westminster William Thyrninge Kt. and John Markham Justices Thomas Stow and John Burbache Doctors of Law Thomas de Erpingham and Thomas Gray Knights William de Feryby and Dionyse Lapham Publick Notaries being Deputed to that purpose came into the presence of King Richard within the Tower of London about Nine of the Clock when the Earl of Northumberland said before the King That at 2 2 Ib. n. 11. Conway in North-Wales and then at Liberty He promised to Thomas Arch-Bishop of Canterbury and himself That he would Quit the Crown of England and France and Renounce all Right to it and to Kingship for the Causes there by himself confessed of his Inability and Insufficiency and this he would do after the best Manner and Form he should be Advised by the Skilful in the Law The same King before the said Lords and others above-named kindly answered That he would with Effect perform what he had promised but first desired to have Conference with his Cousin Henry Duke of Lancaster and the Arch-Bishop of Canterbury before he did it and desired a Copy of the Renunciation he was to make might be delivered to him to Deliberate upon which was done and the Lords departed 3 3 Ib. n. 12. On the same day after Dinner the King much desiring the coming of the Duke of Lancaster and long expecting him at length he and the Arch-Bishop of Canterbury with the Lords and Persons above-named came to his presence in the Tower the Lords Roos of Willoughby and Abergavenny and many others then being present And after he had Conference with the Duke of Lancaster and Arch-Bishop looking about him with a Chearful Countenance as it seemed to the People about him the King called them all to him and said publickly he was ready to make his Renunciation as he had said before and presently taking the Parchment Schedule of his Renunciation into his Hands tho it was told him to spare the Labour and Trouble of Reading it he might have it done by another he said he would read it himself which he did distinctly and absolved his Lieges Renounced Quitted and Sware Read and Said other Things and Subscribed his Name with his own Hand as 't is more fully contained in the Latin Record the Tenor of which follows The Resignation of Richard the Second IN 4 4 4 Ib. n. 13. Name
he was very Angry especially because they desired him to be under Good Government but by Divine Providence and the Resistance and Power of the said Lords the King could not bring his Design to effect Thirdly When the Lords 3 3 Ibm. n. 20. Temporal in Defence of themselves resisted his Malice and Craft the said King prefixed a Day for the Parlement to do them and others Justice who upon Faith and Confidence therein remained quietly in their own Houses the King privately with his Letters or Commission sent the Duke of Ireland into Cheshire to raise Arms against the said Lords Great Men and Officers of the Commonwealth Publickly exciting his Banners against the Peace he had Sworn to from whence Homicides Captivities Dissentions and other infinite Evils followed in the whole Kingdom for which cause he incurred Perjury Fourthly That although the said 4 4 Ibm. n. 21. King had Pardoned the Duke of Glocester the Earls of Arundel and Warwic and all their Assistants in full Parlement and for many Years had shewn chearful Signs of Peace and Love towards them yet the same King always bearing Gall in his Heart taking Opportunity caused to be seized the Duke of Glocester and the said Earls of Arundel and Warwic and sent the Duke to Calais to be imprisoned under the Keeping of the Earl of Nottingham one of his Appellants and without Answer or lawful Process caused him to be strangled and inhumanly and cruelly murdered The Earl of Arundel Pleading his Charter of Pardon and Demanding Justice in Parlement was encompassed with great Numbers of Armed Men and had his Head Damnably struck off and committed the Earl of Warwic and Lord Cobham to Perpetual Prison confiscating their Lands against Justice the Laws of the Land and his express Oath giving them to their Appellants Fifthly At the time 5 5 Ibm. n. 22. when in his Parlement he caused the Duke of Glocester and Earls of Arundel and Warwic to be adjudged that he might more freely exercise his Cruelty upon them and in others fulfil his injurious Will he drew to him a great multitude of Malefactors out of the County of Chester who marching up and down the Kingdom with the King as well within his own House as without cruelly killed his Lieges beat and wounded others plundering the Goods of the People refusing to pay for their Victuals violating and ravishing Men's Wives and other Women And although Complaints were made to the King of these Excesses yet he took no care to apply Remedy or do Justice in them but favoured those People in their Wickedness confiding in them and their Assistance against all others of his Kingdom wherefore his Good Subjects had great matter of Commotion and Indignation Sixthly Though the said 6 6 Ib. n. 23. King caused Proclamation to be made through the Kingdom That he caused his Unkle the Duke of Glocester and the Earls of Arundel and Warwic to be Arrested not for any Rebellious Congregations or marching with Horse within the Kingdom but for many Extorsions Oppressions and other things done against his Regality and Royal Majesty And that it was not his Intention that any of their Company at the time of the Congregation and Marchching with Horse aforesaid should for that Reason be Questioned or Disturbed Yet the same King afterwards in his Parlement Impeached the said Lords not for Extorsions Oppressions or other things aforesaid but for Rebellious Tumults and Congregations and Marching with Horse adjudged them to Death and caused many of their Company for fear of Death to make Fine and Ransom as Traitors to the great Destruction of many of his People and so he craftily deceitfully and maliciously Deceived the Lords their Followers and People of the Nation Seventhly After many of these 7 7 Ibm. n. 24. Persons who had paid their Fines and Ransoms and had obtained his Letters Patents of full Pardon yet they received no Benefit by them until they made new Fines for their Lives by which they were much impoverished And this was much in Derogation to the Name and State of a King Eightly In the last 8 8 Ibm. n. 25. Parlement holden at Shrewsbury the same King propounding to Oppress his People subtilly procured and caused to be granted That the Power of Parlement by Consent of all the States of the Kingdom should remain in some certain Persons who after the Parlement should be Dissolved might Answer the Petitions depending in Parlement then undetermined under pretence whereof they proceeded to other General Matters touching that Parlement ac-according to the King's Will in Derogation to the State of Parlement great Disadvantage to the Kingdom and a pernicious Example And that these Actions might seem to have some Colour and Authority the King caused the Rolls of Parlement to be changed and blotteed contrary to the Effect of the Grant aforesaid Ninthly Notwithstanding the said King at his 9 9 Ibm. n. 26. Coronation sware That he would do in all his Judgments equal and Right Justice and Discretion in Mercy and Truth according to his Power yet the said King without all Mercy rigorously amongst other things Ordained under great Punishments That no Man should intercede with him for any Favour toward Henry Duke of Lancaster then in Banishment in so doing he acted against the Bond of Charity and rashly violated his Oath Tenthly That though the 1 1 Ibm. n. 27. Crown of England the Rights of the Crown and Kingdom it self have been in all times so Free as the Pope or any other Foreign Power had nothing to do in them yet the said King for the confirming of his erroneous Statutes supplicated the Pope to confirm the Statutes made in his last Parlement whereupon he obtained his Apostolic Letters or Bull wherein were contained grievous Censures against all such as should presume to contravene them All which things are known to be against the Crown and Royal Dignity and against the Statutes and Liberty of the Kingdom Eleventhly Though Henry now Duke of Lancaster 2 2 Ibm. n. 28. by the King's Command exhibited his Bill or Accusation against the Duke of Norfolk concerning the State and Honour of the King and duly prosecuted it so as he was ready to make it good by Duel and the King had ordered it yet the same King put it by and without any lawful Cause Banished the His own Father John D. of Lancaster was the First Commissioner in this Judgment in Parlement See Pleas of the Crown 21 Ric. II. Duke of Lancaster for Ten Years against all Justice the Laws and Customs of the Kingdom and the Military Law Damnably incurring Perjury Twelfthly After the said King had graciously granted 3 3 Ibm. n. 29. to the now Duke of Lancaster by his Letters Patents That while he was in Banishment his Attorneys might sue for Livery of any Inheritance might fall to him for which Homage was due which should be respited for a
a Token of his Intention as was said before the Arch-Bishop taking King Henry by the Right Hand led him to the Royal Throne and when the same King had Kneeled and Prayed a while before it the Arch-Bishop of Canterbury the Arch-Bishop of York assisting him placed him therein the People for great Joy Shouting mightily When the Shouting was over 4 Ib. n 55. the Arch-Bishop of Canterbury made a short Preachment or Collation as 't is called upon the Roll his Text or Theme was Vir dominabitur Populo 1 Sam. c. 9. v. 17. The English Version of the whole Verse according to the Vulgar Edition runs thus And when Samuel saw Saul the Lord said unto him Behold the Man whom I spake to thee of this same shall Rule over my People Iste dominabitur Populo meo In this Collation he makes a Comparison between King Richard who he makes a Child and his whole Government a Childish Acting and King Henry a Perfect Wise Man In this Comparison he makes use of several Places of Scripture but how properly or how to the purpose belongs not to this Place to say At length he insinuates That by Childish Government the Nation had been in great Danger but now they were freed from it because a Man will Reign to wit he that says not as a Child but one of Perfect Reason I came not to do my own Will but the Will of him that sent me that is God And therefore we may not only say of this Man That he will think of things in Wisdom but also as a Man and not as a Child In sensu cogitabit circumspectionem Dei He will in earnest think of the Circumspection or Providence of God id est circumquaque diligenter aspiciet ut Dei voluntas non sua fiat that is he will look diligently every way about him that God's Will not his own may be done and so in the Place of a wanton Child a Man Rules over the People and such a Man that it may be said The King shall Reign and he shall be a Wise Man and do Judgment and Justice in the Land Which Collation ended 5 Ib. n. 56. King Henry to quiet the Minds of his Subjects said publickly these Words SIRES I Thank God and zowe Spirituel and Temporel and all the Astates of the Lond and do zowe to wyte it es noght my Will that no Man thynk that be waye of Conquest I wold Disherit any Man of his Heritage Franches or other Ryghts that hym aght to have no put hym out of that that he has and has had by the gude Lawes and Custumes of the Rewme except those Persons that has ben agan the gude Purpose and the comune Profyt of the Rewme And forthwith 6 Ib. n. 57. it being considered that the Throne being Vacant by the Cessation and Deposition of King Richard the Power of all the Justices Sheriffs and other Officers through the Kingdom ceased lest Justice might be delayed to the Grievance of the People he Named his Principal Officers and Justices who took the usual Oaths And forthwith Proclamation was made by the King's Command That on Monday next after the Feast of St. Michael a Parlement should be held in that Place and that on Monday next following on the Feast of St Edward the Coronation should be at Westminster and that who claimed any Service then might put in their Petitions before the Steward Constable and Marshall of England where they should receive full Justice And for the shortness of Time assigned for the Sitting of the Parlement the King made Protestation it was not his Intention it should be any Prejudice to the States of his Kingdom or that it should be made an Example for the future but that it was only for the Profit of the Kingdom and specially to spare the Labour and Expences of his Lieges and that the Grievances of the People might have speedy Remedy All which things being finished 7 Ibm. n. 58. the King rose from his Throne and beholding the People with a chearful Countenance departed and the same Day in the White Hall in Alba Aula he had a great Entertainment for the Noble and Gentlemen who were there in great Numbers These things were done on Tuesday the 30th of September And afterwards on the next day 8 Ibm. being Wednesday the Deputies or Proctors before mentioned went to Richard late King in the Tower as they had been enjoined William Thirnyng Justiciary for himself and Fellow-Proctors in the Name of all the States and People notified to Richard and fully declared the Admission of his Renunciation and the Manner Cause and Form of the Sentence of his Deposition and presently Resigned the Homage and Fealty that had been made to the late King Richard as follows The Words 9 9 Ibm. n. 59. which William Thirnyng spake to Monsieur Richard late King of England at the Tower of London in his Chamber there on * * Note this Wednesday was Octob. 1. Wednesday next after the Feast of St. Michael the Archangel SIRE IT is wele known to zowe That ther was a Parlement somond of all the States of the Reaume for to be at Westmynstre and to begynne on the Teusday in the morrow of the Fest of Seint Michell the Archaungell that was zesterday by cause of the whiche Sommons all the States of this Lond were there gadyrd the whiche States hole made thes same Persones that ben comen here to zowe nowe her Procuratours and gafen hem full Auctorite and Power and charged hem for to say the Wordes that we sall say to zowe en her Name and on their Behalve that is to wytten The Bishop of St. Assa for Ersbisshoppes and Bisshoppes the Abbot of Glastenbury for Abbotes and Priours and all other Men of Holy Chirche Seculers and Rewelers the Erle of Gloucestre for Dukes and Erles the Lord of Berkeley for Barones and Banerettes Sire Thomas Irpyngham Chamberleyn for all the Bachilers and Commons of this Lond be South Sire Thomas Grey for all the Bachilers and Commons by North and my Felawe Johan Markham and me for to come with hem for all thes States And so Sire these Wordes and the doying that we sall say to zowe is not onlych our Wordes bot the Wordes and the Doyings of all the States of this Lond and our Charge and in her Name And he answered and said That he wyst wele that we wold not say but as we were charged Sire ze remembre zowe wele That on Monday on the Fest of St. Michell the Archaungell ryght here in this Chambre and in what Presence ze Renounsed and Cessed of the State of Kyng and Lordeship and of all the Dignite and Wyrshipp that longed therto and assoiled all zour Lieges of her Legiance and Obeysance that longed to zowe uppe the Forume that is contened in the same Renunciacion and Cession whiche ze redde zour self by zour Mouth and affermed it by zour Othe
and govern himself according to his Estate and Degree alledging many Causes for which this Kingdom ought to be graciously cherished and held in the greatest Honour And said further it was the King's Will to make good these Three things by the help of God and further said That it was the King's Will in especial that Holy Church should have and enjoy all her Liberties and Franchises and that all the good Statutes and Ordinances made in the time of his Noble Progenitors should be firmly observed and kept and that all the Lords Spiritual and Temporal Cities and Burghs and all others should have and enjoy their Liberties and Franchises according to the Grants made by his Noble Progenitors abovesaid And that no Man ought to speak of or Censure any thing done this Parlement for it was the Will of the King in his Faith and Conscience to do equal Justice to all Parts according to the Will Ayd and Grace of God given unto him This was the Arch-Bishops Discourse upon his Theme 7 Ib. n. 5. And then he told the Lords and Commons That on Monday next King Henry by the Grace of God purposed to be Crowned at Westminster for the Performance of which Solemnity Advice and Deliberation ought to be had in divers manners the mean time and therefore on behalf of the King he requested them to continue the Parlement de continuer cest Parlement until Tuesday the Morrow after the Coronation and after that day forward the King would use his Diligence for the Exploit of Parlement que de celle jour en avant mesme le Roy ferroit sa diligence pur lesploit de Parlement that is for the Dispatch of Parlement Business Whereupon by the King's Command Henry Percy Earl of Northumberland and Constable of England asked all the Lords Spiritual and Temporal and Commons if they agreed to the Continuance who severally Examined queux ont severalment examinez agreed to the said Continuance After this follows the Names of the Triers of Petitions in Parlement and the whole Process against Richard the Second tho Transacted on michaelmass-Michaelmass-Day and the day following a Week before this Parlement began as hath been shewn And immediately the 8 Rot. Parl. 1 Hen IV. n 66. The Parlement 21st of Rich. II. annulled whole Parlement of the 21st of Richard the Second with all Circumstances and Dependences thereupon were revoked and annulled for ever And the Parlement holden 9 Ib. n. 67. The Parlement of the 11th of Richard II. confirmed in the Eleventh year of King Richard the Second was revived and confirmed to be kept according to the effect and purport of the same as being for the good and common profit of the Kingdom pur le bien comune profit du Roialme The Lords and others 1 Ib. n. 68. The Lords and others Judged 21st of Rich. II. restored c. and their Heirs c. that were fore-judged in the 21st of Richard the Second are restored to the same State and Condition they were in at the time of their Judgments given Upon 2 Ib. n. 71. Henry's Eldest Son made Prince of Wales and Heir of the Crown the Motion of the Arch-Bishop of Canterbury the Lords and Commons having severally been asked about the King's Eldest Son answered and assented That Henry his Eldest Son should be made Prince of Wales Duke of Cornwall and Earl of Chester and also if his Father should dye he being alive they would accept him as Right Heir of the Kingdom and Crown and obey him as their King and Liege On Thursday the 23d of October 3 Append. n. 115. the Arch-Bishop of Canterbury on behalf of the King charged all the Lords Spiritual and Temporal and all others there being upon their Allegiance that what should be then spoken or propounded should be kept secret and no ways discovered to any Man living and then it was demanded by the Earl of Northumberland for the security of the King and all the Estates of the Kingdom what should be done with King Richard to keep him in safe-guard saving his Life which the King would have done by all means To which Question all the Lords Spiritual and Temporal whose Names do there 4 See Appen as above King Richard ordered to be imprisoned follow being severally Examined answered it seemed to them he should be put into safe and secure Guard and in such a Place where there was no Concourse of People and that he be kept by sure and sufficient Persons and that none that had been Servant to him should be about his Person and this should be done in the most secret manner that might be Upon propounding this Question Thomas Merks Bishop of Carlisle gave his Reasons against these Proceedings in the following The Bishop of Carlisle's Speech thereupon Speech as it is to be found in the First Part of Sir John Hayward's 5 P. 100 101 102 c. The Speech Life of Henry the Fourth Printed at London 1599. This Question Right Honourable Lords concerneth a Matter of great Consequence and Weight the determining whereof will assuredly procure either safe Quiet or dangerous Disturbance both to our particular Consciences and also to the Common State Therefore before you resolve upon it I pray you call to your Considerations these Two things First whether King Richard be sufficiently Deposed or no Secondly whether King Henry be with good Judgment or Justice chosen in his Place For the first Point we are to Examine Whether a King being lawfully and fully instituted by any just Title may upon imputation either of Negligence or of Tyranny be Deposed by his Subjects Secondly What King Richard hath omitted in the one or committed in the other for which he should deserve so heavy Judgment I will not speak what may be done in a Popular State or in a Consular in which although one beareth the Name and Honour of a Prince yet he hath not Supream Power of Majesty but in the one the People have the highest Empire in the other the Nobility and Chief Men of Estate in neither the Prince Of the first sort was the Commonwealth of the Lacedemonians who after the Form of Government which Licurgus framed often-times Fined oftentimes Fettered their Kings and sometimes Condemned them to Death Such were also in Caesar's time the Petty King 's of every City in France who were many times Arraigned upon Life and Death and as Ambiorix Prince of Leodienses confesseth had no greater Power over the People then the People had over them Of the second Condition were the Roman Tranquil in Caligula Tacitus in prooemio Emperours at the first of whom some namely Nero and Maximinus were openly condemned others were suddenly surprized by Judgment and Authority of the Senate and such are now the Emperours of Germany whom the other Princes by their Aristocratical Power do not only restrain but sometimes also remove from their Imperial State Such are also
Christus flest and blode And furthermore we beleve that the hole body of Christ is hole in the Sacrament and hole in everyche partye of the Sacrament of the autere And also we beleve that Christ is verayliche in the same Sacrament in his bodely presence to savacion to alle hem that worthelyche receyven that same Sacrament to hem that unworthelyche receyven to her dampnation and this oure beleve and in this we bene thorou grace of God we will dye in remission of our synnes And therefore we pry alle cristen men to whom this confession schal come to that ȝe bere us witness of this beleve at the day of dome before the heyȝest judge Jhesu Christ and pray for us for charite In the Name of God Amen Y John Aston Prist unworthely required of my Lord the Erchebishop of Canturbery the nyntene day of June in the ȝer of grace c. ut supra in the hous c. to say what I felyde in the matyr of the Sacrament of the autere Y have knowlechyde ȝit I do that the selfe bred that the Prist holdes in his hondes is made thorou the vertue of the Sacramental wordus verely the self cristus body that was borne of the maden Marye and takun and suffrede deth on the Crosse and thre days lay in the sepulcre and the thridde day ros from deth to the lyve and steyed up into Heven and syttes on the ryght hond of God and in the day of dome schal come to dome the quikke and the ded and over this I beleve generally alle that holy writte determynet in worde and in understonding or what ever holy Kirke of God determynes of all this when I was required specially to say what I felde of this proposition Material brede leves in the Sacrament aftur the Consecration I make this protestation that I never thouȝt ne tauȝt ne prechide that proposition For I wote wele that the mater and speculation thereof passes in heyȝte myn understondyng and therefore al 's mykele tellys openly for to leve in this matyr I beleve and of this matyr or of any other touching the ryght beleve of holy Kirke that is nouȝt expresside in holy writte I beleve as our modur holy Kirke beleves and in this belyve I will dye and of this thing I beseke all men and alle wymmen to whom this confession come to to bere me witnesse before the highest juge at the day of dome As Wyclifs Followers increased very much their Opinions multiplied and they Published and Preached different Opinions one from another 9 Col. 2657. n. 60. 2658 2659 2660 2661. The same Author notes above Sixty he heard preached at Le●●este● different from or over and above what were first published by Doctor Wyclif And further this Author Reports 1 Col. 2706. n. 60. 2707 2708. That the number of the Lollards mightily increasing they also taught many new and very strange Opinions Twenty five he notes whereof several not taught before amongst which with some others the Sixteenth is that of the Quakers about Swearing Quod non licet aliquo modo jurare it is not lawful to swear in any manner and when they witnessed any thing these were their Words I am sykyr it is soth I am sure it is Truth Or thus Without doubt it is so All I find further of the Wyclyfists or Lollards in this Reign are chiefly several Writs or Commissions upon the Arch-Bishop's Petition granted to him and his Suffragans and others to imprison the Preachers and Dispersers of Errors and Heresies Pat. 9. Ric. II. M. 12. Also a Commission to certain Persons to search for and seize Books containing Heresie c. and bring them before the Council and make Proclamation That none should buy or sell them under Pain of Imprisonment and to arrest and imprison all such as complied not with the Proclamation Pat. 11. Ric. II. M. 20. There were many in the City of London about this time that frequented Conventicles in Private Places where the Opinions and Conclusions of VVyclif and his Followers were Debated and Taught The King sends his Writ to the Major and Sheriffs of London to make Proclamation from time to time within the City and Liberties That no one of whatever State Degree Sex or Condition they might be should presume to make any such Conventicles or Meetings under pain of forfeiting whatever they could forfeit and impris●nment of their Bodies during the King's Pleasure Claus 15. Ric. II. M. 18. Dors in all these Writs and Commissions King Richard took upon himself the Title of Defender of the Faith in these Words as an Introduction to what he would do against Errors and Heresies Nos zelo fidei Catholicae cujus sumus esse volumus Defensores We for the Zeal of the Catholick Faith of which we are and will be Defenders I shall mention one Record more of a Memorandum of an unusual Oath taken by some of this sort of Men when they relinquished what they had defended and taught and returned to the Practices Opinions and Vsages of the then Church Be it remembred 2 Clause 19 Rich. II. M. 1● that on the First day of September in year of the Reign of King Richard the Second after the Conquest the 19th VVilliam Dynett Nicholas Taylour Nicholas Poucher and VVilliam Stey●our of Nottingham personally appearing in Chancery every one by himself took an Oath in the Form following I VVilliam Dynett befor yhowe Worschipfull Fader and Lord Archbishop of ●borke and yhour Clergie with my free will and full avysede swere to God and to all his Seyntes upon this holy Gospelle that fro this day forthward I shall worship ymages with preyng and offeryng unto hem in the worshipp of Seintes that they be made after And also I shall never more despyse pygremage ne states of Holy Chyrche in no degree And also I shall be buxum to the Lawes of Holy Chyrche and to yhowe as myn Arch-Bishop and to myn other Ordinaries and Curates and keep tho Lawes upon my power and meynteyn hem And also I shall never more meynteyn ne techen ne defenden errours conclusions ne techynges of the Lollards ne swych conclusions and techynges that men clepeth Lollards Doctryne Ne I shall her books ne swych books ne hem or ony suspect or diffamede of Lollardery resceyve ne company withall wittingly or defend in tho Matters And if I know ony swych I shall withall the hast that I may do yhowe or els your ne r officers to wytten and of her bokes And also I shall excyte and stirr all tho to good Doctrine that I have hindered with myn Doctryne upp my power And also I shall stonde to your declaration wych es heresie or errour and do thereafter And also what penance yhe woll for that I have done for meynteyning of this false Doctrine I shall fulfill it and I submit me thereto up my power And also I shall make no other Glose of
Fifteenth The Lords and Commons also grant until Whitsunday next coming Ibm. n. 12. 3 s. per Tun upon Wine and a Shilling in the Pound upon Goods also they grant the Subsidy of Wooll Leather and Woollfells for the same time as it was last paid The Lords and Commons then likewise grant to the King 43 s. Ibm. n. 16. 4 d. the Sack upon Wooll above the ancient Custom upon Denizens and 46 s. 8 d. upon Strangers upon every Two hundred and forty Woollfells or Woollskins the same Duty upon both Denizens and Strangers as upon Wooll Upon every Last of Leather Six Marks and 6 s. 8 d. upon Denizens besides the ancient Custom and upon Strangers Seven Marks besides the ancient Custom from Whitsunday which was this year the 23d of May until Midsummer and from thence to Midsummer next following The Lords and Commons grant a Subsidy of Wooll Transported Rot. Parl. 13 Ric. II. n. 20. c. 33 s. 4 d. the Sack upon Denizens and 36 s. 8 d. the Sack upon Aliens In the Fourteenth of Richard the Second the Lords and Commons Ib. n. 14 Ric. II. n. 16 17. grant the King for Three years a Subsidy of Wooll c. Three Shillings upon every Tun of Wine and Twelve Pence upon every Pound of Merchandise as in the Eleventh year so as the same may be only employed for the defence of the Realm c. In the Fifteenth of Richard the Second the Lords and Commons Ib. 15 Ric. II. n. 10. grant Half a Fifteenth and Half a Tenth if the King went into France in his own Person to Treat of Peace or Truce and besides a whole Fifteenth and Tenth if there should be War In the Sixteenth of Richard the Second the Commons by assent Ib. 16 Ric. II. n. 11. of the Lords Spiritual and Temporal grant to the King for Three years the Subsidy upon Wooll c. Three Shillings the Tun upon Wine Twelve Pence per Pound upon Merchandise In the Seventeenth of Richard the Second the Lords and Commons Ib. 17 Ric. II. n. 12. grant to the King for Three years Six Pence upon every Pound of Merchandise and One Shilling and six pence upon every Tun of Wine In the Eighteenth of Richard the Second the Lords and Commons Ib. 18 Ric. II. n. 6. grant to the King a Tenth and a Fifteenth for the Conquest of Ireland The Commons by assent of the Lords Spiritual and Temporal Ib. 20 Ric. II. n. 18. granted to the King Twelve Pence in the Pound of all manner of Merchandises and Three Shillings of every Tun of Wine for Three years The Commons on the last day of the Parlement at Shrewsbury Ib. 21 Ric. II. n. 75. which was Thursday the last of January by assent of the Lords Spiritual and Temporal granted to the King the Subsidy of Wooll Leather and Woollfells during his Life and One Tenth and One Fifteenth and Half a Tenth and Half a Fifteenth His Wives THE First was 1 Walsingh f. 281. n. 40. Ann Daughter to Charles the Fourth Emperor of Germany who having been his Wife 2 Ib. f. 350. n. 40. Twelve years died without Issue His Second was 3 Ib. f. 353. n. 30. Isabell Eldest Daughter to Charles the Sixth King of France to whom he was Married the 28th of October 1396 being then not above Seven or Eight years of Age and therefore never Bedded her having been Dethroned and Murthered about Three years after FINIS The Authors and Records from whence the Materials are taken NIcholas Trivet a Monk of Bridlington wrote the Life of Edward the First and lived in or about the time a Manuscript in the Norfolk or Arundell Library in Gresham-College London N. 220. the second Treatise pag. 52. This is Transcribed by Walsingham Adam Murimoth was a Canon of London and as he writes of A Manuscript in the Prologue to his History himself was of sufficient Age to consider what Authors wrote and to write himself he begins his History in A. D. 1303. and the first Three years Story he had out of the Chronicles of Westminster The residue he wrote was what he saw and heard in his own time which was to the Twenty first of Edward the Third in the Custody of Dr. Covell Master of Christ's College in Cambridge Much of him also Transcribed by Walsingham Robert of Avesbury wrote the Life of Edward the Third and P. 76. in the Rubrick to the first Chapter Pitsaeus P. 899. as he Reports of himself was Keeper of the Registry of the Court of Canterbury he lived in the time of Edward the Third a Manuscript in Sir Simmonds Dewes's Library at Stow Lanthorn in Suffolk Thomas de la More Kt. Servant to Edward Second and out-lived him Printed at Francfort A. D. 1603. Frier John Trokelow's Annals of Edward the Second a Manuscript in the Cotton Library Claudius D. 6. Puteanus or Monsieur Dupuy Counseller and Library Keeper to the King of France wrote the History of the Condemnation of the Templars from the great Register of the Process against them in the French King's Treasury of Records from Page 113 to Page 222 and out of the Inventory of the King's Papers and Instruments concerning the same Matters from Page 70 to Pag. 111. Froysard was a Clerk in King Edward's Court and Servant to Queen Philip and often in King Richard's Court as he says of himself in the last Chapter of his Second Volume Ranulph Higden or the Monk of Chester Mathew of Westminster and Walsingham are known Authors and mentioned before in my First Volume of this History The Close and Patent Rolls the Rolls of Rome France Gascoign Scotland the Parlement Rolls and others in the Tower of London Advertisements to the Candid READER THE Church-Affairs are mostly such as hapned and were Contested inter Regnum Sacerdotium between the Ecclesiastic and Secular Government relating to the Politic State of the Kingdom or indeed between our Kings and the Popes For certainly all our Intestin Troubles Commotions and Wars in some of the Former Reigns and in These were Fomented Managed and Carried on in a great measure by the then Clergy and even those called the Barons Wars who to make their Own Advantage and repair their Fortunes when reduced to a low Condition by their own Vanity and Profuseness were their great Assistants with Religion and Holy Church in the Front of their Designs That the Translations of the Latin and French are Literal and Verbal as near as might be according to the very Meaning of the Words And That some particular Parts of the Citations in Latin and French are more frequent than they might have been because many Men without the Words of the Authors themselves are loth to understand or believe such things as are delivered by them The INDEX A. ABbeys in England to pay no Taxes to foreign Houses Fol. 87 D Adam Bishop of Hereford accused of High Treason Fol. 147
His Grants in Parlement repealed Fol. 397 C He is appealed of High Treason Fol. 405 A His Death at Calais Fol. 408 B Is adjudged a Traitor Fol. Ib. D His Confession before his death Fol. 409 D Godfrey of St. Omar Founder of the Order of the Templars Fol. 165 A Gournay Tho. one of the Keepers and Murderers of Edw. II. Fol. 164 C Judgment against him for the same Fol. 191 A Grievances of the Kingdom presented Fol. 57 D 58 Guardians of the Kingdom who Fol. 1 D They proclaim the King's Peace Fol. Ib. They do the same for Ireland Fol. 2 A Their Writ to assess Tallage and suppress Tumults Fol. Ib. C Guines surprized by the English Fol. 248 C Guy Earl of Flanders his Alliance with Edward I. Fol. 42 A H. HAles Sir Robert Beheaded by the Rebels Fol. 346 C Haynault Earl of furnisheth Queen Isabel with Ships and Forces Fol. 154 D Haxey Thomas his Bill in the House of Commons against the King's Royalty Fol. 396 A Is adjudged a Traitor Fol. Ib. D Hereford Henry Duke his Submission to King Richard Fol. 403 E He accused the Duke of Norfolk Fol. 404 F The Schedule of his Accusation Fol. 413 B The matter contained in it to be determined by Duel Fol. 414 D The King prevents the Battel and banishes him Fol. 415 B C He lands in England Fol. 419 B The Nobility and People join him Fol. Ib. C D His Obeisance to King Richard and Reception at London Fol. 420 A He claims the Crown Fol. 432 D His Speech to the Lords and Commons Fol. 433 D He summons a Parlement in his own Name to be returned in six Days Fol. 435 E His Eldest Son made Prince of Wales Fol. 438 A His Followers and Confederates pardoned Fol. 452 A Adam Bishop See Adam Nicholas a Professor of Divinity in Oxford a Wiclivite Fol. 459 F The Proceedings against him Fol. 460 461 Higden Ran. his Character of the Earl of Lancaster Fol. 139 C Holt Sir John impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Hugo de Paganis one of the Founders of the Order of the Templars Fol. 165 A Hungerford Tho. Speaker of the Commons prays the reverse of several Impeachments Fol. 306 E I. JEws hanged for Clipping and Coining Fol. 8 C Maintenance allowed to the Converted Fol. Ib. The Obstinate are Banished Fol. 9 A John Duke of Bretagne died without Issue Fol. 224 The Competitors for his Dukedom Fol. Ib. C King of France Crowned Fol. 247 F He is Overthrown by Edward the Prince of Wales Fol. 257 He and his Son Philip taken Prisoners Fol. Ib. E They are brought to London Fol. 258 D And sent to the Tower Fol. 261 F He agrees to a Peace with Edward III. Fol. 262 E His return into England Errand and Death there Fol. 283 B Isabel Queen to Edward II. denied entrance into Leeds-Castle Fol. 134 A She writes to the Pope to Saint the Earl of Lancaster Fol. 138 E F She built a Chapel on the Hill where he was Executed Fol. 140 A She obtains Leave to get into France Fol. 148 E Her Excuse to the King for staying there Fol. 149 150 She takes Mortimer into her Service Fol. Ib. D Her Behaviour towards the King Fol. 152 A She leaves France and goes to the Earl of Haynault Fol. 154 A She lands at Harwich and is joined by the Nobility Fol. Ib. E F The Increase of her Army and her Cause carried on by false Reports Fol. 155 C D Her Care of Holy Church Fol. 157 E She takes Bristol and marches into Wales to find out the King Fol. 158 C D She held a Parlement with the Prince her Son Fol. 161 B Her seeming Sorrow for the King her Husband Fol. 163 A She and Mortimer hath the whole Government Fol. 186 A K. KEnt Edmund Earl of Vncle to Edward III. adjudged to death in Parlement and for what Fol. 185 D His Son restored to his Blood and Lands Fol. Ib. F Kilwardy Robert Elected Arch-Bishop of Canterbury without the King's Licence Fol. 93 B His Election protested against Fol. Ib. E Knights Four summoned for every County Fol. 10 B Knivet Sir John Chancellor his Declaration in Parlement of the Necessities of Edward III. Fol. 293 294 296 A Knolls Sir Robert Ravages and Burns the Country about Paris Fol. 290 A His great Care to suppress Tumults Fol. 361 A L. LAncaster Thomas Earl of resolved to defend Holy Church Fol. 114 E He demanded Gaveston of King Edward II. Fol. Ib. F He marched after the King and Gaveston Fol. 115 A A great Admirer of Robert Winchelsey Arch-Bishop of Canterbury Fol. 119 D He refused to serve the King against the Scots Fol. 120 A Is made Chief of the Council to Edward II. Fol. 122 E And General of the Army against the Scots Fol. 123 C The Agreement between him and the King Fol. 124 C He joins with the Earl of Hereford Fol. 134 F Is taken Prisoner Condemned and Executed Fol. 135 B Miracles done by him after his Death Fol. 136 A His Image adored at St. Paul's Fol. 138 A Queen Isabel writes to the Pope to Saint him Fol. Ib. D E The Arch-Bishop of Canterbury doth the same Fol. 139 A His Character by Higden Fol. Ib. C D Henry his Son shews Compassion to Edward II. Fol. 164 B His Submission to Edward II. and Queen-Mother Fol. 185 B He died of the Plague Fol. 282 D John Duke made Governour of Acquitain Fol. 290 C His Title to the Kingdom of Castile Fol. 292 A Is made the King's Lieutenant in France Fol. 295 A His ill Conduct in his Army Fol. Ib. C The three Great Offices he claimed at King Richard's Coronation Fol. 326 C His Retirement from Court Fol. 327 A His Challenge to his Accusers Fol. Ib He is chosen Head of the Committee for the Assistance of the Commons Fol. Ib. He sets out a Fleet and is beaten by the Spaniards Fol. 134 A B His Expedition against the Scots Fol. 342 F He concludes a Truce with them Fol. 350 F The Quarrel between him and Northumberland ended Fol. 351 A His Proposals to go into ●pain Fol. 355 A His Expedition against the Scots unsuccessful Fol. 361 B He is accused of Treason by a Fryer Fol. Ib. D His extravagant Expences in France Fol. Ib. E His Voyage into Spain and Claim of that Crown Fol. 364 C He is created Duke of Aquitain Fol. 392 C The Earl of Arundel asks his Pardon in full Parlement Fol. 394 A He is made Lord High Steward at the Trial of the Earl of Arundel and others Fol. 407 A He was First Commissioner in the Judgment given against his Son Henry Duke of Hereford 415 426 in the Margin Latimer impeached by the Commons Fol. 301 F Laws made in the First Purlement of Edward I. Fol. 4 C
D. 1398. 22 Ric. II. Commissioners of England and Scotland to take care of the Articles of the late Truce for both Nations met For Scotland Sir William Bortwic Sir John of Remorgny Knights and Adam Forster Esquire For England John Bussy and Henry Green Knights William Feriby Clerc and Laurence Drew Esquire Their Business was to take care of the Release and Exchange of Prisoners that had been taken on both sides since the Truce of Leulingham in the Year 1389. and to regulate the Practices of the Borders on both sides and secure them from Rapin Thefts Robberies Burnings and taking and carrying away Prisoners into either Country during the time of the late Twenty Eight Years Truce between England and France which was effectually done in Eleven Articles The Instrument it self under the Seals of Scots Commissioners in true Scottish Language being with the Under-Chamberlains in the Exchequer in a little Box tituled Scotia About 2 Hypodig Neustr f. 553. lin 5. The Death of the Duke of Lancaster Candlemas next following John Duke of Lancaster died and the King with the Committee that had the Authority of Parlement met at Westminster on Tuesday the 8th Day of March when it was declared That Henry Duke of Hereford 3 Rot. Parl. n. 87 88. after the Judgment given against him at Coventry had procured Letters Patents from the King that during his absence by his Attorneys he might Sue and have Livery of any Lands descended to him and his Homage respited Which Letters Patents were declared to be against Law Whereupon the King by Advice of the Committee and Assent of Parlement Revoked those Letters Patents as also the like Letters Patents made to the Duke of Norfolk On 4 Plac●● Coron 21 Ric. II. n. Judgment against Sir R. Plesington the same Day Robert Plesington Knight though dead before was adjudged Traitor for being in the Action with the Duke of Glocester Earls of Arundel and Warwic at Haringey and all his Castles Mannors Lands Tenements Goods and Chattels to be forfeit After which many Bishops and Lords Temporal Sware as follows Which 5 Append. n. 113. The Oath of the Bishops Lords and Knights Judgments Ordinances and Establishments so Made Ordained and Agreed on the said Tuesday the 18th of March and all the Statutes Establishments Ordinances and Judgments Made and Rendred in the said Parlement or at Coventry or otherwhere by Virtue and Authority of the same Parlement firmly to hold and keep as well the Lords Spiritual as Temporal and certain Knights for Counties by Authority of Parlement there being the same Tuesday were Sworn in the Presence of the King upon the Cross of Canterbury de les tenir sustenir de esteer ove ycelles to hold uphold and stand with them without Fraud or Deceit according to the Form and Effect of the Oaths by them made before as contained in the Parlement-Roll The Names of the Bishops Lords and Knights do here follow The Arch-Bishop of Canterbury The Arch-Bishop of York The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Norwich The Bishop of Excester Chancellor The Bishop of Rochester The Bishop of Hereford The Bishop of Salisbury The Bishop of Lincoln The Bishop of St. Asaph The Bishop of St. Davids The Bishop of Chester The Bishop of Chichester The Bishop of Landaff The Abbat of Westminster The Abbat of St. Edmondsbury The Duke of York The Duke of Albemarle The Duke of Excester The Marquess of Dorset The Earl of Stafford The Earl of Salisbury The Earl of Northumberland The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wiltshire Treasurer The Earl of Suffolk The Lord Grey of Ruthin The Lord Ferrers of Groby The Lord Lovell The Lord Camoys Sir John Bussy Sir Henry Green Sir John Russell Robert Teye After this the Chancellor by the King's Command required openly all those that had been Sworn and would observe the Judgments Oath and Ordinances should hold up their Right Hands which was done by all the People in the King's Presence On the 23d of April 6 Placit Coron ut supra n. The Judgment of H. Bowet following the King and Committee that had the Authority of Parlement were at Windsor where Henry Bowet Clerc was brought before them where it was shewn the King That the Duke of Hereford since the Judgment given against him at Coventry had by Petition amongst other things obtained from the King Letters Patents That if any Lands of Inheritance descended or fell to him in his absence for which he ought to do Homage he might by his Attorneys Sue for and have Livery of them and his Homage and Fealty respited Which Letters Patents being granted by Inadvertency without due Advice or mature Deliberation as they ought to have been and being then viewed and diligently examined it was found that they were clearly against the said Judgment because the Duke of Hereford after that Judgment was not a Person capable to have or receive Benefit by the Leters Patents and for that they had been adjudged void as appeared by the Parlement-Roll And therefore because Henry Bowet Clerc had been the Chief Contriver and Manager of the said Petition the King by the Assent of the Committee who had the Authority of Parlement adjudged him Traitor and to be Drawn Hanged Headed and Quartered and all his Lands and Tenements as well in England as Gascony and all his Goods and Chattels to be forfeited But because he was the King's Chaplain he pardoned the Execution of the Judgment and granted him his Life with this That he should be Banished England for ever While these things 7 Hypodyg●● Neustr f. 552. n. 50. were doing here there came News from Ireland That Lieutenant Roger Earl of March was there slain by the Irish To Revenge whose Death and subdue the Irish the King levied a considerable Force and went into Ireland with The King goes into Ireland several Bishops and many of the Nobility Toward which Expedition he Raised Money by undue Ways and taking up Carriages Victuals and other Necessaries without paying for them by which and many other Imprudent Rash and Vnadvised Practices he had made himself and Government uneasie to the People The Duke taking advantage of King Richard's absence thinks of coming for England 8 Walsingh Hist fol. 358. n. 10 20 30. The Duke of Hereford lands in England to demand his Inheritance with Thomas Arundel Arch-Bishop of Canterbury and the Son and Heir of the Earl of Arundel and a small Company he took Ship in France and hovering a while about the English Coast to spie whether there were any ready to resist them at length landed at Ravenspur in Yorkeshire where there came into him Henry Percy Earl of Northumberland and Henry his Son Ralph Earl of Westmerland and other Lords so as in a short time he had an Army of 60000 Men They marched speedily to Bristol