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A26024 The institution, laws & ceremonies of the most noble Order of the Garter collected and digested into one body by Elias Ashmole ... Ashmole, Elias, 1617-1692.; Hollar, Wenceslaus, 1607-1677.; Sherwin, William, fl. 1670-1710. 1672 (1672) Wing A3983; ESTC R16288 1,216,627 828

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They are tyed to be present in the Choire at all times of Service as are the Petty Canons and under the same forfeitures nor may they or the Petty Canons go out of Town without the Dean's or his Lieutenant's license nor then neither above three at once except for very weighty cause left the Choire should be unfurnished of a convenient number to perform the daily Service Secondly There were appointed for the further service of the Choire six Choristers and they to be likewise Clerks or at the time of their admission to have been instituted of the Clerical Order to each of which was allowed five Marks Sterling annually or to the value thereof in common Money And in like manner as the Deacon and Sub-Deacon were placed in the Colledge only in addition to the Vicars and designed to succeed them as vacancies hapned so also were there six secular Children endued with cleer and tuneable voices admitted and design'd to succeed the Choristers when their voices altered King Edward the Fourth enlarged the number of Choristers to thirteen and allowed them annually six Marks apiece and though this number was confirm'd by King Henry the Eighth's Statutes yet the Injunctions dated the 8. of Feb. anno 4. E. 6. reduced them to ten nevertheless by Queen Elizabeth's Establishment the former number of thirteen was restored and thereby given in augmentation among them all three pounds eleven shillings eight pence Howbeit they were since brought to eight and their present exhibition is twelve shillings a Month to each SECT V. Of the Alms-Knights PUrsuing the Order of our Discourse the Alms-Knights come next to be spoken of wherein to avoid confusion we shall consider them first under the Foundation of King Edward the Third Secondly when separated from that by Act of Parliament and lastly as they were established anew by Queen Elizabeth First then King Edward the Third out of the great respect he bore to Military honor of which himself had gain'd a large share and due regard had of valiant men chiefly such as had behaved themselves bravely in his Wars yet afterwards hapned to fall in decay took care for their relief and comfortable subsistence in old age by making room for them within this his Foundation and uniting them under one Corporation and join Body with the Custos and Canons these he called Milites Pauperes and we vulgarly Poor or Alms-Knights the ordained number being at first but four and twenty as were the Custos and Canons at the first foundation of the Colledge But shortly after upon his Instituting the Princely Society of Knights of the most noble Order of the Garter consisting of six and twenty there were added two more to the former number as there was to the first Canons to make them of like number with the Knights-Companions of that Order which number of twenty six we after find setled at the Ordination of the Colledge by the Bishop of Winchester the Popes Delegate The charitable intention of the Royal Founder was to provide for such only as were truly objects of Charity and therefore he describes even in the Instrument of Foundation what kind of men they should be to wit Poor Knights weak in body indigent and decayed and to like effect is their qualification inserted in the Statutes of Institution of the most noble Order of the Garter viz. such as through adverse fortune were brought to that extremity that they had not of their own wherewith to sustain them or live so gentilely as became a military condition but this being thought not enough the same is repeated probably for greater caution in King Henry the Fifth and King Henry the Eighth's Statutes to prevent diverting the Founders pious intention and against admittance of such as are otherwise able to live of themselves which conjecture is not improbable because we find the ancient Statutes of the Colledge Ordained as also the Orders of Queen Elizabeth That in case there should happen to fall to any of the Alms-Knights either Lands or Rents by succession or any other way to the yearly value of twenty pounds or more then such Knight should immediately be removed from the Colledge and made incapable of receiving any profits or emoluments thence and another Alms-Knight preferr'd into his place Their presentation when first admitted was by the same hands that presented the first Canons viz. Each Knight-Companion of the Order presented his Alms-Knight nevertheless it was then also Ordered That from thenceforward every Election should remain at the disposal of the Soveraign of this most noble Order To each of these Alms-Knights was appointed for their Habit a Red Mantle with a Scutcheon of St. George but without any Garter to surround the same Their Exhibition from the Colledge at first was twelve pence apiece for every day they were at Service in the Chappel or abode in the Colledge and forty shillings per annum for other necessaries it being the like allowance as was appointed to each of the Canon-Residents which shews the quality and esteem then had of these Alms-Knights It seems about the beginning of King Henry the Sixth's Reign these quotidian distributions and the forty shillings per annum so assigned them had been unpaid by reason of some dissentions and quarrels that had risen between the Dean and Canons and Alms-Knights but upon complaint to Iohn Archbishop of York Lord Chancellor of England Visitor of the Colledge by the Injunctions issued upon his Visitation anno 10. H. 6. the Arrears of both were appointed to be forthwith paid without charge and in case the Treasurer of the Colledge became negligent in future payments he was to incur the loss of his own Quotidiaus from the time of his voluntary delay the same to be divided among the Alms-Knights Their duty was to attend the Service of God and pray for the prosperity of the Soveraign and Knights-Companions of the Order to be every day present at high Mass the Masses of the Virgin Mary as also at Vespers and Compline from the beginning to the end except any lawful occasion did impede But it was Ordained that for every days absence from the Chappel they should be debarred of receiving the twelve pence per diem and whatsoever was raised from such forfeitures should be converted to the use of the rest of the Alms-Knights then being in the Castle of Windesor Notwithstanding which Decree it appears that the Dean did afterwards take upon him the disposure of these Mulcts at his pleasure which occasioned the Alms-Knights to complain to Adam Lord Bishop of St. Davids Chancellor of England and Visitor of the Colledge who among other of his Injunctions dated the 8. of October anno 2. R. 2. commanded that the Mulcts should be equally distributed among those Alms-Knights who did attend at Divine Service in the Chappel as the Statute had
for sudden chances the owners living were anciently committed to the Custody of the Black Rod as we find it granted by Letters Patent to Iohn Athelbrig with the grant of that Office and fell after the death of the Owners to the Dean and Canons of Windesor being then reserved either for publick use of the Knights-Companions when they casually came to Windesor or else sold sometimes to the Heirs of the Deceased or other Knights-Companions who succeeded in the Order as that of Charles the Fifth was to the Earl of Bedford and that of the Constable of France lent to the Earl of Warwick an 7. Eliz. which appears from the Accounts of the Chanter of the Colledge in the Reigns of King Henry the Fourth King Henry the Fifth King Henry the Eighth Queen Elizabeth and King Iames who in all times answered the full benefit thereof to the Colledge as being a certain and unquestionable due to the Dean and Canons and this they have accordingly had and enjoyed And yet we find some of the Colledge made over bold with the Robe of Sigismond the Emperor and sold it while he was yet alive But the Archbishop of York who as Chancellor of England was Visitor of the Colledge upon a Visitation made by him shortly after viz. the 22. of February anno 1431. kept the Money from being distributed among those who had sold it and reserved the dividend to the Dean and Canons who should happen to be of the Colledge at the time of that Emperors death and withall commanded for the future under pain of Excommunication That no Dean and Canon should presume to withdraw or aliene any of the Knights-Companions Mantles while he was alive but the same asmuch as possible should be well decently and faithfully kept and preserved But we are informed that the before mentioned Statute was altered anno 9. Eliz. and a new one made to this effect That the Knights-Companions should be bound by Oath to take care by their Wills that after their decease all the Ornaments which they had received should be restored the Robes to the Colledge and the Jewels to the Soveraign that gave them We come in the last place to the times of wearing the Collar of the Order with the Great George thereunto appendant which is not only enjoined to be worn as part of the Habit at the Grand Feasts and Feasts of Installation but also at other times when not any of the rest of the Habit saving the Garter is appointed to be worn as in special at the principal and solemn Feasts of the year and other Feast days to which a particular Order in Chapter anno 4. Eliz. thus directs The Holy days and Sundays within the twelve days Saint Matthias day Holy days in Easter week Saint Marks day Saint Philip and Iacobs day Holy days in Whitson week The Feast days of St. Peter St. Iames. St. Bartholomew St. Matthew St. Luke St. Simon and Iude. St. Andrew and St. Thomas Besides these the Soveraigns and Knights-Companions have been accustomed to wear this Noble Ensign upon the Aniversary of the Soveraign's Coronation of the Gunpowder Treason and now lately on the present Soveraign's Birth day So also heretofore upon some occasional Ceremonies not relative to the Order as when a Knight-Companion hath been created into Titles of Dignity and Honor he had the Collar of the Garter added to his Investiture as appears in the case of Henry Stafford created Earl of Wiltshire an●o 1. H. 8. And at a Chapter held the twenty second of May 1622. it was Ordained That such Knights-Companions of this most Noble Order as should afterwards assist at the Funeral of any Knight-Companion should wear the Collar apert at the said Funeral and it was so observed by the Dukes of Ormond and Richmond the Earls of Manchester and Sandwich at the solemn Funeral of his Grace George late Duke of Albemarle Howbeit the custom is otherwise as to wearing the Garter that principal Ensign of the Order for though it be enjoined to be worn especially at the Grand Feast and all times of entring into St. George's Chappel or holding of Chapters yet doth not this imply that it may be left off at all other times as may the rest of the Habit for indeed it ought daily to be worn both by the Soveraign and Knights-Companions And therefore was it Decreed even at the Institution of the Order That if any of the Knights-Companions should in publick be found without his Garter and that the same was not buckled about his Leg in deoent and usual manner upon challenge thereof he should presently pay a Noble to the Dean and Colledge of Windesor By King Henry the Eighth's Statutes the Fine was raised to a Mark the same to be paid forthwith after challenge made by any of the five Officers of the Order or as before by the Dean of Windesor beside which Fine the Knight lies liable to a check But the Article in the Statutes of Institution being pen'd too strictly and without any exception the several occasions of military or necessary affairs discovering the inconvenience King Henry the Fifth admitted of a qualification and in case of riding with Boots Ordained That it might suffice if the Knight-Companion wore some Ribband or Silk Lace to represent the Garter nevertheless in this very Article there is a Proviso added That no Knight-Companion should enter into Chapter without his Garter buckled about the Leg. To conclude King Henry the Eighth's Statutes provide that the Gold Chain whereat the Lesser George in that Age hung should be worn all other days of the year except the principal and solemn Feasts whereon the Great Collar was Ordained to be worn and except in time of War Sickness or long Voyage in any of which cases it should suffice the Knight-Companion concern'd to wear only a Silk Lace or Ribband with the Image of St. George thereat and the Blue Ribband having since succeeded in place of the Gold Chain the Injunction of this Statute extends to it in all particulars CHAP. VIII THE Officers APPOINTED FOR THE SERVICE OF THE Order SECT I. The Prelate's Institution his Oath Robe and Priviledges TO give increase and augmentation to the Honor of this most Noble Order the Founder constituted certain Officers namely a Prelate Register and Vsher to whom he assigned several and particular duties Some of his Successors added the Chancellor and Garter upon the same account and all of them sworn to be of the Council of the Order Among these the Prelate and Chancellor are usually called the principal the other three the inferior Officers of the Order known and distinguished by the Robes or Ensigns of their peculiar Offices The ancient Habits and Ensigns assigned to the Officers of the Order The present Habits Ensigns and Badges belonging to the Officers of the Order The Prelate is the first
that the use and custom of singing pronouncing and celebrating Divine Service of attending in the Choire and at the Altar or of celebrating about it the Masses peculiar to the day or of the Virgin Mary as also for the dead as well in celebrating as reading singing standing sitting both in the Choire and without it and all things whatsoever which were observed in the Church of Salisbury should be observed in this Chappel of St. George according to the conveniency of place and exigency of persons To the observation of this Statute they were also obliged by the Injunctions of Iohn Archbishop of York Chancellor of England under the penalty of paying 12 d. to the Treasury of the Colledge by every one that should be guilty of violating or infringing the same What difference there is between the foresaid Office and that appointed to the use of the Church of York in regard it is but small we shall also note and then close this Section with the Hymn and Prayer out of the Primmer of Salisbury If any be further curious to know what alteration hath been made since our Reformation in this Office in the Roman Church for since then they have seen cause to mend and refine divers things in their publick Liturgie they may have recourse to the Breviarium Romanum and Missale Romanum Ex decreto Concilii Tridentini restitutum wherein the Service is noted to be very solemn and for the honor of St. George scarce any Festival there is celebrated with more variety of proper and Divine Offices Officium proprium Sancti Georgii prout extat in Portiforio seu Breviario Salisburiensi Londini excuso 1555. In proprio de Sanctis Part. Hiemali ad diem April 23. Rubrica Sancti Georgii Martyris Tres Lectiones cum regimine Chori duplex Festum Capitulum Iste sanctus qui pro Lege Dei sui certavit usque ad mortem à verbis impiorum non timuit fundatus enim erat supra firmam petram Oratio Deus qui nos beati Georgii Martyris tui meritis intercessione laetificas concede propitius ut qui ejus beneficia poscimus dono tuae gratiae consequamur per dominum nostrum Iesum Christum Lectio 1. Sanctus verus Dei Cultor Georgius Cappadociae regionis oriundus cum videret multos Deum blasphemantes cum Daciano daemones adorantes spiritu sancto repletus in hanc vocem prorupit Omnes dii Gentium daemonia Dominus autem caelum fecit Dacianus ait ei qua temeritatis andaciâ nobis injuriam irrogans Deos nostros daemonia vocas fatere tum ex qua Provinciâ huc advenisti vel quo nomine vociferis Lectio 2. Sanctus Georgius dixit Christianu● Dei servus sum Georgius nuncupor genere Capadocus patriae meae comitatum gerens Elegi verò temporali dignitate carere immortalis Dei imperio servire Dacianus ait ei erras Georgi accede immola Deo Appollini Beatus Georgius respondet Domino enim meo Iesu Christo exhibeo culturam Regi omnium seculorum non Apollini auctori Daemonionum Lectio 3. Iratus Dacianus jussit S. Georgium in Equuleo levari extensum membraetim ungulis lacerari Deinde lateribus ejus lampades ardentes applicari salem verò in vulnera aspergi cilicio plagas ejus fricari plumboque bullienti Georgium immitti extractumque per vicos ut reum fecit trahi Cumque traheretur ad locum supplicii flexis genibus gratias egit Deo sic capitalem pro Christo subiit sententiam Rubrica Caetera de Communi unius Martyris de Pasc. temporis What is set down above is proper to St. George but the rest of the Office used on St. George's day being common to him with other Martyrs is not set down but referr'd to that part of the Portiforium called Commune Sancti Georgii Martyris Officium Protexisti me Deus à conventu malignantium Alleluia à multitudine operantium iniquitatem Alleluia Alleluia Psalmus Exaudi Deus orationem meam cum deprecar à timore inimici eripe animam meam Oratio Deus qui nos beati Georgii martyris tui meritis intercessione laetificas concede propitius ut cujus beneficia poscimus dono tuae gratiae consequamur Per Dominum nostrum Iesum Christum Lectio beati Jacobi Apostoli 1. Carissimi omne gaudium existimate cum in temptationes varias incideritis Scientes quòd probatio fidei vestrae patientiam operatur Patientia autem opus perfectum habeat ut sitis perfecti integri in nullo deficientes Si quis autem vestrum indiget sapientiâ postulet à Deo qui dat omnibus affluenter non improperat dabitur ei Postulet autem in fide nihil haesitans Qui enim haesitat similis est fluctui maris qui à vento movetur circumfertur Non ergo existimet homo ille quod accipiat aliquid à Domino Vir duplex animo inconstans est in omnibus viìs suis. Glorietur autem frater humilis in exaltatione suâ dives autem in humilitate suâ quoniam sicut flos foeni transibit Exortus est enim sol c●m ardore arefecit foenum flos ejus decidit decor vultûs ejus deperiit Ita dives in itineribus suis marcescit Beatus vir qui suffert temptationem quoniam cùm prob●tus fuerit accipiet coronam vitae quam repromisit Deus diligentibus se. Alleluia Laetabitur justus in Domino sperabit in eo laudabuntur omnes recti corde Sequentia Organicis canamus modulis Georgii solennia Omnigenis Domino vocibus reddentes odas debitas Qui in suis sanctis mirabilis nimis multiplici virtutum flore eosdem decorat ac mirificè adornat Nam in ipsis quasi in quibusdam musicis instrumentis digito proprio fides agitat fides virtutum sonoras his numerosè percurrens singulas Permiscet singulis diatessaron mellifluam melodiam quam generat virtutum mater illa quae aliis decenter composita reddit suavem symphoniam qua sine cuncta fiunt dissona necnon frivola qua cum omnia sunt consona necnon utilia qua justi benè morati rite petentes excelsa poli sidera alacres decantant nova cantica in Cithara Threiciâ quorum agentes festa consortia mereamur in coelesti patria Evangelium secundum Johannem In illo tempore dixit Iesus Discipulis suis Ego sirm vitis vera pater meus agricola est Omnem Palmitem in me non ferentem fructum tollet eum omnem qui fert fructum purgabit eum ut fructum plus afferat Iam vos mundi estis propter sermonem quem locutus sum vobis Manete in me ego in vobis Sicut Palmes non potest ferre fructum à semetipso nisi manserit in vite sic nec vos nisi in me manseritis Ego sum
that the Custos should receive the Cure of their Souls from the Diocesan of the place And in considerat●●● of this Exemption and Priviledge the Custos was obliged to pay annually on St. Georges day one Mark in Silver to the Popes Chamber About two years before the date of this Bull we find that this Chappel had the title of the Kings free Chappel given unto it so also whilst under the former Foundation and still enjoys the same which title of Free Chappel is not only intimated but confirmed by its exemption from the Jurisdictions now mentioned It is subject to no power since the Supremacy in Ecclesiasticks became vested in the King by the Law of this Realm but only to the King of England as heretofore it stood divided to the King and See of Rome The Priviledge of Exemption by Pope Clement the Sixth is included in the Confirmation of Liberties made by the Founder in his Charter dated the 28. of February anno regni sui 47. and all Priviledges and Liberties granted by him are confirmed to the Colledge by Act of Parliament anno 8. H. 6. As this Colledge doth depend immediately on the King so is it visitable only by his Chancellor whose Visitations and accustomed Jurisdictions exercised by him in the Chappel Colledge and Persons thereunto belonging are reserved to him by the Statutes of the Colledge and himself called in the Kings Commission for Visitation of the Colledge anno 2. R. 2. Governor of the said Chappel as well in Spirituals as Temporals and under the King immediate Custos And so jealous were the Dean and Canons left the power of the foresaid Exemption should be infringed that when Sixtus the Fourth had granted a Bull to the Bishop of Salisbury and Dean and Canons with authority to make new Ordinances and to interpret the ancient Statutes they within few years obtained a Revocation of that Authority left the said Bishop in whose Diocess the Colledge is situate being so impowered might prejudice their Liberties new form their Statutes and by degrees bring them under his Jurisdiction in prejudice to the said Exemption And further to prevent any such design the same Pope commissionated the Archbishop of Canterbury the Bishops of Winchester and Worcester to see this Bull of Revocation take effect and enjoined them not to suffer the Bishop of Salisbury to intermeddle further in the Colledge Affairs or Statutes but that the Bishops of London Lincolne and Rochester and the Chancellor of England or any two or more of them with the Dean and Canons should review alter or new make such Statutes or Ordinances as might be for the utility and advantage of the Colledge This later Bull is dated at Rome 7. Cal. Aug. an Dom. 1485. It is an argument of no small priviledge that if the Archbishop of Canterbury be present in the Chappel of Windesor yet he sits below the Dean nor can he consecrate there without his License And the instance is no less remarkable that at the Solemnity of ratifying the Peace between King Charles the First of ever blessed memory and Lewis the Thirteenth of France the 6. of September 1629. in the Chappel of St. George at Windesor Doctor Matthew Wren then Dean gave the Oath as Dean of this Colledge to the Marquess of Chasteneaus the French Kings Ambassador and not the Archbishop of Canterbury though he was then present By the Statutes of the Colledge the Dean and Chapter are at their yearly Chapters diligently to consider and debate all things that shall fall out or seem fit to be dispatcht in reference both to the Spiritual and Temporal Affairs of the Colledge and whatsoever Ordinances or Determination shall be made at these Chapters not repugnant to the Colledge Statutes all persons belonging thereunto are firmly obliged to observe so far as they are concern'd in them until they happen to be altered by later Resolves of succeeding Chapters Other Notes and Marks of Exemption appears in the Deans taking no Institution from any other Bishop but that his Institution Investiture and Installation into the Custoship Canonship and Prebendship is received from such of the Canons-Resident to whom the King who Collates doth recommend him by his Letters As also in the constant proving of Wills before him or in his absence before his Lieutenant In using the power of Excommunication within their Ju●●●diction which is the Precincts of the Colledge and dispensing with themselves for eating of Flesh in Lent Add to these that the Ordinations for the Chantry Priests were confirmed by the Dean and Chapter not the Bishop of the Diocess so also were the Statutes of the New Commons Nor doth the Dean who hath the cure of Souls as is before noted pay any Synodals or Procurations nor can any of the Kings Chaplains preach in the Chappel of St. George unless he be a Canon there without the Kings special mandate or leave of the Dean and Canons The Dean and Canons send no Delegates to the Synod and when this point fell into debate anno 1640. it was carried in the Negative as being a perfect Novelty and against their Liberties and might intitle them to the payment of Subsidies and consequently bring a new charge upon the Colledge Nor have they share in the Government of the Church as other Deans and Chapters have So that notwithstanding any alteration or dissolution of the Government of the Church here in England by Archbishops Bishops Deans and Chapters this Colledge cannot be concerned more than the Colledges in the Vniversities where there are many nominal Deans Lastly after the Act for Vniformity past an 14. Car. 2. whereby every Clergy-man was bound to subscribe before the Archbishop or his Ordinary the Canons subscribed before the Dean of Windesor he being the Ordinary of the place And though some of them in majorem cautionem subscribed also before the Archbishop of Canterbury yet was it with this Salvo saving the rights and priviledges of this Free Chappel Thus much in relation to the Ecclesiastick Priviledges of the Colledge As to the Temporal and Civil what the Founder granted to it being very large and beneficial in regard he was born here and toucht with a prerogative of affection to this place and hath been since confirm'd by several of his Successors we shall here insert First then the Founder King Edward the Third by his Charter dated the 6. of March in the 27. year of his Reign granted them several Profits Priviledges and Immunities to the effect following That the Custos and Canons and their Successors should for ever be free from payment of any Aid for making the eldest Son of any King of England a Knight and for marrying their eldest Daughter as also of all Aids to the King Contributions and Tallages That whensoever the Clergie of this Realm or of the Province of Canterbury or Tork should give
and Arch-Chamberlain to the Emperor With these the King retained for his intended Expedition into France several other Noblemen of those Countries as namely Adolph Earl of Monte who having made Fealty and Homage to the King he in reward thereof setled on him a Pension for life of 1200 Florens of Gold per annum out of his Exchequer Everhard eldest Son to Thideric Earl of Lymborg Adolph Earl of Marlia Robert de Touburgh Lord of Warnich Theodorick Earl of Lossen and Heuseberg and Lord of Blatikenburgh and Theodorick de Montjoy Lord of Valkenborgh besides divers valiant Knights and Commanders of eminent note But Philip de Valois was so alarm'd at the report of these Alliances that he used all endeavours to interrupt the foresaid Ambassadors in their passage home both by placing a Garrison in the Isle of Cogaunt and setting out several men of War to Sea Of which the King having intelligene directed his Writ to Iohn de Ros Admiral of the Fleet from the River of Thames Northward to fit up a Convoy of 40 stout Ships well mann'd to be at Dort in Holland on Monday after Midsommer-day to secure their return where they lay ready for their coming And whereas these Ambassadors in making these Alliances and Retainers upon the Kings account had obliged themselves to pay sundry great sums of money the King indempulfied them their Heirs and Executors of all those sums and other things whereto they were so engaged This great Affair of strengthening the King with Alliances and Friends in Germany and Flanders was again set on foot and to that purpose another Commission was issued to the said Bishop of Lincoln and Earl of Salisbury to whom was added Robert de Vfford Earl of Suffolk and Iohn Darcy Steward of the Kings Houshould with power to any three of them to treat thereupon with Lewis the Emperor Another Commission of the same date was made out to them and to Richard de Winkele Iohn de Offord Paul de Monteflorum Iohn de Montgomery and Iohn Wauwyn impowering them to treat with and retain all persons aswell Nobles as others for the Kings Service And as the King did endeavour by these means to gain assistance for the recovery of his right to the Crown of France so did he not neglect all methods of Peace among which he thought fit to constitute the foresaid Bishop of Lincolne the Earls of Salisbury and Suffolk and Iohn Darcy his Agents to treat cum magnifico Principe Domino Philippo Rege Franciae illustri or his Deputies touching his right to the said Crown to wit whether it ought to remain to him or King Edward And by another Commission they were impowered to treat upon all Controversies and Demands whatsoever relating to the Dukedom of Aquitaine or other parts beyond Sea and also of a happy and perpetual peace The same day he constituted Iohn Duke of Brabant and Loraine his Lieutenant Captain and Vicar General in the Kingdom of France where it is worthy note that the King in this Commission challenging the Crown of France as devolved to him by right of succession and consequently become his lawful Inheritance did assume the Title of that Kingdom and stiled himself Edwardus Dei gratiâ Rex Angliae Franciae Dominus Hiberniae Dux Aquitaniae And by another Commission bearing even date made of these Officiary Dignities to the said Duke he put France in the first place thus Edwardus Dei gratiâ Rex Franciae Angliae c. but it was not long e're he voluntarily laid this Title of France aside nor did he solemnly assume it again till the 14. year of his Reign over England By several other Commissions of the same date wherein the Titles of England and France were so transposed did the King constitute into the same Dignities William Marquess of Iuliers William Earl of Henault his Father-in-Law and William Bohun Earl of Northampton and by another then dated and directed to the Archbishops Bishops Dukes Marquesses Earls Barons and all other persons in the Kingdom of France having therein the Titles of England and France transposed as before they are commanded to receive the said Duke as if it were the King in his own person as also the Marquesses and Earls And further the said Marquesses and the Earls were by other Commissions severally constituted the Kings special Ambassadors to make known his said Title to all whom it should concern to challenge and prosecute his right to require every unjust detainor to render to the King whatsoever he so withheld from him to displace and punish such as they should think meet and lastly to do and execute all other things which should be most necessary for the recovery and preservation of his right The King of France had in the beginning of this year sent Forces into Gascoigne and seised upon many of the Kings Castles and Fortresses upon notice hereof the King gave command to arrest 20 Ships in the Port of Southampton and thereabouts and to press men to be ready at Portsmouth to set forward for Gascoigne on Whitson-Eve following for he had raised a great Army to send thither It may not here be forgotten what is recorded of Reymond Cornely Lord of Abertha a Gascoigner who made an offer to the King of France to fight in defence of Edward's right to those Countries for which he sent him very great and particular thanks But withall made several applications by his Ambassadors to the Court of France for restitution of what had been seized on and prevention of a War His Offers were these 1. To marry his eldest Son the Duke of Cornwall to the King of France's Daughter without Dowry 2. The marriage of his Sister the Countess of Geldres to his Son with a great sum of money 3. The marriage of his Brother the Earl of Cornwall with any of the Blood Royal. 4. To make restitution for any dammage he tendered him as much money as he could in reason demand 5. He also proferr'd to take a Voyage to the Holy Land with the King of France if he would restore his Lands to him 6. To go the Voyage if he would restore but half or some of those Lands 7. To take the Voyage with him if he would make restitution after his return or lastly 8. To take the Voyage singly himself so that at his return he would restore him his right These Overtures with many others which the King or his Council could think off were offered to the King of France in order to a Peace with this general proposal beside That if any one could think of any other way tending thereunto he would be ready to accept thereof But all in vain for on the contrary King Philip excited and maintained the Scots against him and his Navy also did great mischiefs at Sea Whereupon the Pope perceiving that the War was likely to proceed sent
to treat by the advice of Iohn Duke of Brabant and other the Kings Allies in ●landers While the King lay at the Siege of Tournay the Scots excited by the French King invaded England and passing by Berwick marched into Northumberland and thence to D●●●●m foraging the Country still as they went and after returned home 〈◊〉 this incursion they recovered all the Castles formerly lost except those of Ede●●urgh Strivling and Roxborough the first of which within a short time after was taken by stratagem But in the Truce made at Tournay the Scotch were by a particular Article included and so all hostility ceased during that Truce yet after the expiration thereof and some new provocations given the King he rai●ed an Army to enter Scotland but being engaged in the War with France could not go with it himself and therefore constituted Edward King of Scotland his Captain and Lieutenant of his Army and in another Commission of the same date gave him power nevertheless to treat with the Scots and to admit them to Peace and pardon their offences In these Commissions the King stiles him Magnisicus Princeps Edwardus Rex Scotiae fidelis consanguineus noster char●simus The following year he was again constituted the King's Captain and Commander in chief of the Army designed against Scotland for defence of the Kingdom of England and destruction of his Scotch Enemies and further commissionated to raise men in all the Counties beyond Trent aswell within Liberties as without for that Expedition Upon which preparation a Truce was made for one year before the ending of which the Truce concluded at Vannes in Britagne between the King and his Adversary of France took commencement being to hold from Michaelm●s 17. E. 3. for three years And in the mean time the Bishop of Durham and others were appointed by the King to treat and conclude with the Scots touching the manner form and conditions appointed by the said Truce and the mutual commerce of the Subjects of both Kingdoms as also to reform and punish the breakers of the Truce The Truce made with the French at Tournay and enlarged at Arras gave the King time to see his Allies in Flanders aimed chiefly at the accomplishment of their own designs by his hands rather than the advancement of his interest in France by their assistance and the two fruitless Expeditions in attempting to enter that Kingdom through Flanders shewed they would do little for him besides he now judged it a more easie and advantagious passage thither through Britagne which he hoped to gain by laying hold of the occasion offered him to protect and assist Iohn Earl of Montsort Duke of Britagne whose Title to that Dukedom and the occasion of the War between him and Charles de Bloys are set down at large by Sir Iohn Froissard This Iohn Montfort being taken Prisoner at Nants by Charles de Bloys whom the French King had assisted with an Army to enter Britagne was sent to Paris and there died in Prison his Widow Ioane of Flanders being of a manlike courage nevertheless maintained the War and to gain further ai● and supplies from King Edward proposed by Sir Emere de Clisson a Nobleman of Britagne to marry her Son to one of his Daughters which taking effect the King s●nt Sir Walter Many in November with 3000 Archers into Britagne who though they wandred 40 days at Sea by distress of weather yet came timely to her assistance The King in the 16. year of his Reign raised a great Army and by Proclamation made appointed his Souldiers in all Counties of England except Yorkshire Northumberland Cumberland and Westmerland to be in readiness by Midsummer following to go along with him and after directed his Letters to the Archbishop of Canterbury and the Bishops for publick Prayers to be made and the divine goodness sought to for a blessing upon his Armies which now he designed both against France and Scotland The 4. of October following he took shipping at Sandwich in a Ship called the George and sailing towards France met with the French Fleet where after a fierce Encounter they were separated by Tempest at length he landed neer Vannes in Britagne and laid Siege thereto and here leaving the Lord Stafford he marched to Remes and Nantes laying Siege to both Towns as also to Dynan and took it after which he returned to Vannes and then drew off his Forces from Nantes thither and there the Bishop Cardinals of Penestrina and Tusculan sent from Pope Clement the Sixth obtained of him 19. Ian. 1343. a Truce for 3 years which the King gave way to in hope of an honorable Peace This done the King returned into England and set forth a Proclamation to give publick notice of this Truce But the Truce expiring the War was again renewed between Charles de Bloys and the Countess of Montfort to whose assistance the King s●nt Sir Thomas Dagworth from the Siege of Calais with a supply of men and the English having Rochedaren surrendred to them Charles de Bloys laid Siege to it to relief of which the Countess sent Sir Thomas Dangorne and Sir Iohn Artwell who 20. Iune 1347. took Charles de Bloys with the Britagne and Norman Lords that were on his part Prisoners and raised the Siege which Charles was sent into England where he remained in custody a long time The 24. of February an 17. E. 3. the King summoned a Parliament to be held die Lunae proximò post Quindena Paschae wherein Sir Bartholomew Burghersh present at the making of the Truce neer Vannes declared that the King consented thereto provided it might be honorable and advantageous for his Allies and was content to have the Peace made before the Pope as before a Friend but not as a Judge otherwise he would pursue his Quarrel And that as the King did not undertake this War without the assent of Parliament so without it he would conclude no Peace and therefore it rested whether it were best for the King to take this Offer and send Ambassadors to the Pope instructed for this Affair before Midsummer or not Hereupon both Lords and Commons answered That it was good to pursue the Peace and to send Ambassadors as was proposed Those who were first sent to the Popes Court upon this Affair were Hugh le Despenser Lord of Glamorgan Ralph Lord Stafford William de Norwich Dean of Lincoln Sir William Trussel and Andrew de Offord a Civilian The Authority given them was to Treat in presence of the Pope not as a Judge but private Person and Friend to both parties with the Agents of his Cosin the Lord Philip de Valois upon the Kings Right to the Crown of France as also upon whatsoever Dominions Dignities Honors Lands Possessions Places and Rights appertained to him concerning which any controversy had
a new Governor of the Town before he went thence It having been agreed on at the last Truce that Commissioners on both sides should meet at Boloigne on Sunday in medio Quadragesimae following the King appointed William Bishop of Norwich William Bohun Earl of Northampton William Clynton Earl of Huntingdon Regnold de Cobham Robert de Bourghcher and Iohn de Carleton Doctor of Laws his Commissioners to Treat of and conclude a Peace or prorogation of the Truce and League of perpetual friendship between him and his Adversary of France But no final Peace could be agreed on while Philip de Valois lived nor after till King Iohn his Son and Successor was taken Prisoner at the Battel of Poictiers only several Truces were made from time to time and the last consented to in February an 28. E. 3. to hold till Midsummer following While these Truces were on foot endeavours were made for the Release of David King of Scots the Kings Prisoner and at length it was agreed that upon the coming into England of Iohn the Son and Heir of the Steward of Scotland and several other young Noblemen Hostages for the said King who when they came were disposed into the Castles of York and Notingham King David should be permitted to go into Scotland and upon his return back the Hostages should be delivered The Kings Letters as well of safe conduct to the Hostages as of power to receive them and to take King Davids Oath for his return and the Command for his safe Custody at Newcastle till the Hostages were come bear Teste the 5. of September an 25. E. 3. to continue unto the Quindena of the Purification next following and the 3. of November after were they renued to the Feast of St. Philip and Iacob ensuing It seems King David returned back into England about half a year after for the 28. of March an 26. E. 3. a Command was sent to the Sheriff of Yorkshire to conduct the Hostages to Berwick to be there in Quindena Paschae it being the day set for King David's return to that Town On the same 5. of October command was sent to Iohn Coupeland Sheriff of Northumberland who had then the Custody of the said King to deliver him to the Bishops of Duresm and Carlisle William Earl of Northampton Henry de Percy and Ralph Nevil or to any 4 3 or 2. of them and likewise another command issued to them to deliver him upon the conditions and under the form agreed on Whilst the foresaid Truce agreed on in February an 28 E. 3. was on foot the Pope undertook to do what he could to further the effecting of a Peace and to that purpose he sent again to both Kings to obtain their Authority to bring it about but it doth not appear that any thing was done before Midsummer while it was in being Nevertheless we find that whereas in the Treaty between them held at Guynes among other things it was agreed that Ambassadors from King Edward should be sent to Pope Innocent in Kal. Octob. following the King did accordingly impower William Bishop of Norwich Henry Duke of Lancaster and some others his special Ambassadors to treat with his Adversary of France or his Deputies touching a final Peace between them but they returned without effecting any thing all but the Bishop of Norwich who died at Avignion and was there buried Towards the latter end of the following Summer the King having intelligence that Iohn the French King was drawing down with an Army towards St. Omars in the beginning of November passed over to Calais with Lyonel of Vlster and Iohn of Gaunt his two Sons and a considerable Army where he arrived the 2. day of November and immediately marched against him but upon notice of his approach King Iohn retired breaking down all the Bridges behind him whom King Edward followed as far as Heyden and the Country being wasted by the French he for want of Provision for his Army returned to Calais and thence into England And whilst in his absence the Scots had broke out and taken the Town but not the Castle of Berwick he immediately marched thither and 13. Ianuary recovered the Town passing further into Scotland and on the 25. of the same Month being then at Roxbrough King Edward Baliol there made a solemn resignation of his Crown and Kingdom to him by his Letters Patent after which he marched with his Army to Hadington burning and wasting the Country on each side as he went and having laid it waste returned into England and took Edward Baliol along with him The King having notice in the precedent year that Iohn the French King had given to Charles Dauphin of Vienvois the Dukedom of Aquitaine constituted the Prince of Wales his Lieutenant in that Dukedom and sent him with an Army thither where he fought that memorable Battel at Poictiers and took Iohn the French King Prisoner whom he brought into England in May following King Iohn was lodged at the Savoy and there continued all the Winter and in the Spring after was removed from thence to Windesor Castle where he and his youngest Son spent their time in Hawking and Hunting and towards Winter returned to the Savoy And it appears that the 12. of December an 32. E. 3. He was again setled at this House under the Custody of Roger Beauchamp and several Knights Esquires and other Attendants appointed for his Guard The French King had not been long in England ere the Pope sent hither Talairand Bishop of Alba commonly called the Cardinal of Pyergort and Nicholas Priest Cardinal by the Title of St. Vital to assist at the Treaty of Peace to be held about Midsummer an 31. E. 3. the Kings Letters of safe conduct for them and their Train consisting of 200 Horse were dated the 3. of Iune that year The Bishop of St. Gean de Maurienne in Savoy came also hither to the Treaty having like Letters for himself and a Train of 30 Horse dated the 26. of May preceding and though a final Peace was not concluded yet several Truces were made one upon another in hopes of it till Midsummer an 33. E. 3. Before this there had been great endeavours used for the Release of David King of Scots the Kings Prisoner and several addresses made to the King from King David himself as also the Prelates Peers and Commons of Scotland seconded by the zealous sollicitations of Ioan his Queen Sister to King Edward But this affair though often treated of came not to an issue till the 3. of Octob. an 31. E. 3. when at a meeting of Commissioners on both sides at Berwick namely Iohn Archbishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Rauf de Nevile Henry le Scrope and Thomas Musgrave deputed by King Edward on the one part and William Bishop of St. Andrews
Preachers with Hugh de Geneve Knight Seigneur d'Auton the Duke of Normandy dispatcht them to King Edward to propose a Treaty of Peace who required things so great they could not be yielded to Howbeit they still followed the King to Chartres where a meeting for Commissioners on both sides was consented to and they brought demands to such moderation that with the Duke of Lancasters effectual perswasion the King was content to accept of Peace But what inclined the King to hearken thereto as Froissard tells the story was this That while the Commissioners on both sides were upon Treaty and the King wholly untractable there fell in the Kings Army so great a Tempest of Thunder Lightning Rain Hail and Stones of such bigness that kill'd both Men and Horses at which time the King beholding the Church of our Lady of Chartres vowed devoutly to condescend to Peace This prodigious storm hapned on Easter Munday which falling that year on the 14. of April neer a Month before the conclusion of the Treaty was from its dismal effects called Black Munday which name it retains to this day The Treaty was managed between Edward Prince of Wales and Charles Regent of France their Proctors and Agents in the name of both Kings these two Princes and all the Subjects of France Those deputed on the English part were Sir Reginald de Cobham Sir Bartholomew Burghersh Sir Francis Hale Bannerets Sir Miles Stapleton Sir Richard la Vache and Sir Neel Loring Knights and others of the Council of the King of England Those other on the French side were the Ellect of Beauues his Chancellor Charles Lord Momorency Monsieur Iohn le 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 his Councillors with many others of his Council deputed by King Iohn and Himself At first a Truce was agreed on the 7. of May An. Dom. 1360. in the 34. year of King Edward over England to continue till Michaelmas following and thence till Michaelmas an 35 E. 3. which upon the return of the King into England was by Writs bearing Teste the 24. of the same Month commanded to be published throughout all the Sea-Ports in England and by a like Writ notice was given to the Duke of Lancaster to proclaim it in Gascoigne And the next day viz. 8. of May were the Articles referring to a final Peace agreed to on the behalf of both Kings This was that Famous Treaty of Renunciation of both Kings so much spoken of by Writers to which their eldest Sons were parties in regard the King of France renounced the Soveraignty of several Territories to King Edward and he in like manner renounced his Title to France and some other Places all which we shall here briefly mention First it was agreed that King Edward with what he held in Aquitaine and Gascoigne should hold perpetually to him and his Heirs in the same manner as the King of France or his Son or any of his Ancestors held the same to wit that in Soveraignty in Soveraignty and that in Demain in Demain the City Castle and County of Poytiers with the Fees of Tho●ars and Land of Belleville the Cities and Castles of Xaintes Agen Pierregort Lymoges Caours Tarbe Angolesme and Rodeis and the Land and Countries of Poytou Xaintonge on this and the furthest side of the River of Charente with the Town and Fortress of Rochell Agenoys Pierreguis Lymosyn Caorsyn Tarbe Bigorre Gaure Angolesmoys Rovergue the Counties of Pierregort Bigorre Gaure and Angolesmoys And that such Earls or Lords as had Lands within the forementioned places should do their Homages and Services to him That King Edward should have in Demain all that any of his Predecessors anciently held in the Town of Monstrereul on the Sea As also all the County of Ponthieu with some few exceptions the Town and Castles of Calais the Towns Castles and Lordships of Merk Sangate Coloigne Hames Wale and Oye with their appurtenances as likewise all the places lying within the Jurisdictions and bounds following that is to say from Calais to the border of the River before Gravelinges and so by the same River round about Langle and by the River that runneth beyond the Poil and by the same River that falleth into the great Lake of Guynes to Freton and thence by the valley about Calculy Hill inclosing that Hill and so to the Sea with Sangate and all the appurtenances that the King should have the County of Guynes with all the Lands Towns Fortresses Places Men Homages Lordships Woods Forests and Rights thereunto belonging in as ample manner as the then late Earl of Guynes or his Predecessors held the same and likewise all the Isles adjoining to the Lands aforesaid and all other Isles he then held That the King of France and his eldest Son the Regent should before Michaelmas 1361. give and deliver to the King of England his Heirs and Successors all the Honors Obediences Homages Liegeances Subjections Fees Services Recognizances Rights and all manner of Jurisdictions high and low Resorts and Saveguards Advowsons and Patronages of Churches and all Lordships and Soveraignties with all the right they had and belonging to them by any Cause Right Title or Colour or to the Crown of France in the said Cities Counties Castles Towns Lands Countries Isles and Places and of their appurtenances and appendencies without holding any thing to them their Heirs or Successors or Crown of France And also to give notice to all Archbishops Bishops and Prelates and all Earls and other Noblemen and Citizens by Letters-Patent in all the said places to yield obedience to the King of England his Heirs and Successors in the same manner as they had obeyed the Kings and Crown of France and thereby also to quit and absolve them of all their Homages Fealties Oaths Obligations Subjections and Promises made to the Kings and Crown of France And that the King of England his Heirs and Successors should have and hold all the forementioned Cities Counties Castles Lands Places and Persons perpetually and freely in their Lordship Soveraignty Obedience and Subjection as the Kings of France had or did hold them in times past and all the Countries with their appurtenances in all Freedoms and Liberties perpetually as Lords and Soveraigns and as Neighbors to the King and Kingdom of France without any acknowledgment of Soveraign or making any Obedience Homage Resort or Subjection Service or Recognisance in time to come to the Kings or Crowns of France of the Places or Persons aforenamed or any of them The Renunciation on the King of England's part was as to the Name and Right to the Crown and Kingdom of France to the Homage Soveraignty and Demain of the Dutchies of Normandy and Thouraine of the Earldoms of Anjou and Maine to the Soveraignty and