vol. 1. f. 18. The Queen at Hereford a Month. Vigil of Simon and Jude or the 27th of October Then the Queen went into the Marches of Wales and staid at * Ib. f. 600. The Queen goes with her Army into the Marches of Wales to find out the King and takes him with H. Despenser the Younger and others Hereford a Month from whence she sent Henry Earl of Lancaster and Rhese ap Howel a Clerc and Welsh-man who knew those Parts well with part of her Army to find out the King and by Money corrupted the Welsh-men so as they discovered him to be in the Abby aforesaid where he was taken with Hugh Despenser the Younger Robert Baldock and Simon de Reding 2 Ibm. who were committed to the Custody of the Earl by the Advice of the Bishop of Hereford Before it was known where the King was it was supposed he had left 3 Append n. 70. It was supposed the King was out of England England and 4 quitted the Government whereupon on the 26th Day of October at Bristol the Arch-Bishop of Dublin the Bishops of Winchester Ely Lincoln Hereford Norwich and other Prelates and Thomas Earl of Norfolk Edmund Earl of Kent the King's Brothers Henry Earl of Lancaster and Leicester Thomas Wake Henry de Bello Monte or Beaumont William la Zouche de Ashby Robert de Monte alto or Montalt Robert de Morle Robert de Wattevile and other Barons and Knights in the Presence of the Queen and the Duke of Aquitan her Son by the Consent of the whole Community of England being then present unanimously chose the same Duke to be Guardian of the Kingdom so as the The Prince or Duke of â— Aquitan made Guardian of the Kingdom said Duke and Guardian should Govern the Kingdom in the Name and Right of the King his Father in his absence And he took the Government of the Kingdom upon him accordingly and passed all Matters under his Privy Seal not having any other Afterwards on the 20th of November when the Queen 's and Duke's Enemies were taken and the King was returned into his Kingdom the Queen Duke Prelates and Noblemen aforesaid with the Assent of the Community aforesaid then being at Hereford by reason that the Power of the Guardian ceased by the King 's coming into his Kingdom sent the Bishop of Hereford to The Great Seal sent to the Queen and her Son the King then at Monmouth to beseech him to Command That all things that might tend to the Peace of the Kingdom might be Sealed with the Great Seal then with him This was done in the presence of the Earl of Lancaster c. and the King was prevailed on to send the Seal to his Wife and Son to 5 Ibm. 6 Wals f. 125. n 30 40. The King carried to Kenelworth-Castle The Earl of Arundel and 2. others Heads struck off at Hereford Seal what they would with it Whilst the Earl of Lancaster was carrying the King through Wales 6 by Monmouth Lidbury and other Places to his Castle of Kenelworth in Warwickshire they sent Hugh Spenser the Son Robert Baldock and Simon Reding to the Queen at Hereford Before their coming the Earl of Arundel John Daniel and Thomas Micheldene had their Heads struck off by the Procurement and Hatred of Roger Mortimer who 7 Ibm. n 40 50. Mortimer the Queen 's most familiar Counsellor was at this time the Queen's most familiar Counsellor Consiliarius Reginae familiarissimus without whom the Queen did nothing 8 Ibm. n. 40 50. Those that brought Hugh Spenser for their Reward had Two thousand Pounds as she had promised And 9 Ibm. H. Despenser the Son drawn hanged and quartered soon after he was adjudged to Death without being put to answer sine Responsione and was Drawn and Hanged upon a Gallows 50 Foot high and then Quartered and his Head fixed upon London-Bridge 1 Ib f. 126. lin 3. Simon Reding drawn and hanged On the same Day Simon Reding was Drawn and Hanged for speaking hard things of the Queen Yet Knighton 2 Col. 2547. n. 10 20 c. Knighton's Relation of the Judgment of H. Despenser the Son reports Hugh Spenser the Younger was Arraigned before Sir William Trussel a Justiciary in the Form there mentioned which was by way of a Speech made against him as 't is here contracted Hugh le Despenser 3 Ibm. Sir W. Trussell's Speech against H. Despenser the Son in the Parlement at Westminster in the 15th of the King your Father and you Hugh were awarded Traytors and Enemies of the Realm and Banished as such never to return without the Assent of the King in full Parliament duely summoned Contrary to which Award your Father and you Hugh were found in the Court without Warrant And you Hugh as you returned into the Kingdom feloniously spoiled and robbed Two Domands Merchant-Ships so called of Goods to the Value of Forty thousand Pounds Hugh after this Felony you came to the King and caused him to go with Force against the Peers of the Realm and other his Liege People to destroy and disherit them contrary to the Great Charter And also taking upon you Royal Power you Hugh and your Assistants with Force and Arms robbed feloniously the good People of the Realm and by Andrew Harleye and other Traitors your Adherents Murdered the good Earl of Hereford Monsieur William Sullee and Monsieur Roger de Berfelde at Borough-Bridge and caused to be taken my most Honourable Lord Thomas the Good Earl of Lancaster and caused him to be Judged by a false Record against Law Reason and the Great Charter and also to be Murdered Martyred and put to a cruel Death Also in the same March in the French Journey to Borough-Bridge you caused many of my Lords the Earl of Lancaster Barons and Knights to be Drawn and Hanged by false Record against Law and Reason 4 Col. 2548. n. 10 20 30. and caused other Great Men to be put in Prison and Murdered to get their Estates as Roger Mortimer the Nephew and Vnkle Hugh Audeley Father and Son and the Earl of Hereford Hugh after this Destruction of the Nobility you Hugh your Father and Robert Baldock usurping Royal Power over the King led him and his People into Scotland against his Enemies where you Hugh by your Traiterous Conduct caused him to lose 20000 of his People to his great Dishonour and Damage of the Realm and to return without doing any thing Hugh 5 Ibm. n. 40 50 60. this Treason nor this Tyranny would satisfie you until by Royal Power gained over the King you destroyed the Franchises of Holy Church and the Prelates as the Bishops of Hereford Lincoln and Norwich taking their Goods out of their Churches And whereas you knew God had done great Things by my Lord the Earl of Lancaster you caused to be murdered you placed armed Guards and shut the Church-Doors that none should
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
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
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as
Prisoner Candlemass this year Aelionara Daughter to Simon Montfort who had been Contracted to Lewellin Prince of Wales in her Father's Life-time was sent from France to be Married unto him and taken in the Severn not far from Bristol and imprisoned Nothing of Moment to be found from this time until after Michaelmas following when there was a Parlement 4 Totel's Mag. Charta Printed 1576. p. 39. B. A. D. 1276. The Statute of Bigamy holden in which the Constitutions called the Statute of Bigamie that had been recited in the presence of certain Bishops of England and other of the King's Council at which time all the King's Council as well Justices as others did agree they should be put in Writing and published for perpetual Memory and that they should be firmly observed 5 Ib. in fine Status were confirmed or as 't is said in the Close of this Statute were made The Fifth Constitution or Chapter of this Statute from whence it hath its Name was an Interpretation of the Sixteenth Canon of the Second Council of Lyons holden on the First of May 1274 and the Second of this King under Pope Gregory X. in these Words 6 Labbe Tom. 11. Part. 1. Alteroationis antiquae Dubium presentis Dubitationis Oraculo Decidentes Bigamos omni privilegio Clericali Declaramus nudatos coereitioni fori saecularis addictos consuetudine contraria non obstante Ipsis quoque sub anathemate prohibemus Deferre Tonsuram vel habitum Clericalem That is in determining the old wrangling Question we declare that such as have been twice Married are deprived of all the Privileges of Clercs and left to Secular Jurisdiction or Coertion any Custom to the contrary notwithstanding and we forbid them under a Curse either to be Shaven or wear a Clerc's Habit. Certain Prelates or Ordinaries did take the meaning of this Canon to extend only to such as were Bigami or had been twice Married after the making of it and they claimed such as had been twice Married before that time when they were Arraigned for Felony and required to have them delivered to them as such as ought to have the Benefit of Clergy This Challenge produced the following Interpretation of the Canon concerning 7 Totel's Mag. Charta ut supra p. 40. a. b. The Reason of the Statute Bigamists whom the Pope in his Council of Lyons deprived of all Privilege of Clercs by a Canon therein made seeing certain Prelates demanded such as had been so before that Constitution and were accused of Felony to be delivered unto them as Clercs It is Agreed and Declared before the King and his Council that the Constitution be so understood That those who were Bigamists as well before as after the making of it for the time coming should not be delivered to the Prelates but should have Justice done them as Laymen In this Parlement the Clergy and Laity Granted to the King a Fifteenth of all their Goods but seeing 8 The. Wike's Chron. f. 103. the Pope had ordained in the Council of Lyons That the Tenth of all Ecclesiastic Revenues should be paid to the support of the Holy Land and that the Clergy had courteously given him and his Brother Two years Tenths since his Father's Death he urged them not to pay this Fifteenth but Treated with the Bishops and greatest of them for a Voluntary Contribution as they should think fit What this Contribution or Aid was 't is not said but it was not to be drawn into Example or Custom as appears by the King's Protestation in his Letters Rex omnibus c. salutem 9 Pat. 4. Ed. I. M. 6. A. D. 1276. Licet Comites Barones ac alii Magnates Communitas regni nostri Quintam-decimam Omnium Bonorum suorum etiam Venerabilis pater R. Cantnar Archiepiscopus sui Suffraganei propter urgentia negotia nostra subsidium de Bonis suis nobis spontè gratiose concesserunt c. That is the King to all c. Greeting Whereas the Earls Barons other great Men and the Community of our Kingdom Granted us a Fifteenth of all their Goods and the Venerable Father the Archbishop of Canterbury and his Suffragans for our urgent Occasions on their own free Will and Courtesie granted us an Aid of their Goods We by these our Letters do Protest That this Gift proceeded only from their free Good Will and not in the Name of a Fifteenth and that it shall not be urged as an Example or as a Due or Drawn into Custom by us or our Heirs Witness the King at Westminster the First of November Leolin Prince of Wales was 1 Mat. West f. 408. n. 10. Leolin Prince of Wales refuseth to come to the Parlement at Westminster called to this Parlement as he had been to others but would not appear yet sent Meslengers that he might have Peace and for the Daughter of the Earl of Leicester whom he intended to Marry and to obtain this offered a great Sum of Money Which the King Refused neither would he Consent to the Matrimony unless he would Restore the Lands which he had seised and invaded in the Marches to the just Proprietors and Repair the Castles in England which he had destroyed But the Prince not Complying with these Terms he sent Forces to secure the Marches and English Borders from the Irruptions Rapin and Devastations of the Welsh which proved not sufficient to restrain them they still continuing their Invasions and Depredations upon the English And therefore the King in the Fifth year of his Reign issued out his Writs to all the Noblemen and others that held of him by Military Service dated at 2 Ro◠Scut◠Ed. I. M. 8. A. D. 1277. Windsor December the 12th for the Summoning his Army to meet at Worcester 8 days after St. John Baptist next coming which were to this Effect Whereas 3 Ibm. The King summons his Army against him Lewelin the Son of Griffin Prince of Wales and his Complices our Rebels have invaded our Lands and the Lands of our Subjects in the Marches and do daily invade them and commit Murders and other Wickednesses and the same Lewelin refuseth to obey us as he ought to the great Prejudice and Contempt of us and to the manifest Disinheritance and great Damage of you the Person to whom the Writ was directed and other of our Subjects for which we have now cansed our Army Exercitum Nostrum to be summoned A. D. 1278. that it be at Worcester Eight days after St. John Baptist to Repress the Rebellion of the said Lewelin and his Assistants We Command you to be ready with your Horses and Arms and with your Service due to us to go with us from thence against the foresaid Lewelin c. With this Army the King marched from 4 The. Wikes Chron. f 105. Flint and Rethelan Castles built Chester towards Wales in his way there was a great Wood and so thick as
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
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 Bâ—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
facere tenebantur were to save Expences and Labour Sworn by Commissioners in all parts of the Kingdom and a very great number of their Names Recorded in this Roll and in every place when they had Sworn the King's Peace or Pardon was proclaimed The Form for taking the Oaths and Fealties of Absents was made by the Agreement and Express Consent of all the Bishops Earls Barons and other Noblemen of Scotland there present While the King was thus employed in Deciding this Controversy his Mother Queen 8 Walsingh f. 57 n. 40. Queen Elianor Queen Edward's Mother dies Elienor died about Midsummer and he returned into England to see her Interred and the Funeral solemnized with all due Honour When that was over he returned toward Scotland And was at Berwick 9 Rot. superitatis Regis Angliae c. ut supra The Competitors appear before the King on the 3d of August which day being continued with the day preceding according to his Assignation the Competitors appeared before him and his Council in the Assembly of the Prelates and Noblemen of both Nations and with them the Twenty four English Auditors and Examiners of their Titles chosen by the King and the Fourscore chosen by Robert de Brus and John Baliol and such others as would Consent to the Election made by them to Discuss their particular Rights and make Report thereof to the King There appeared no less then Twelve Demandants that put in their Pleas for the Crown of Scotland all entred in this Roll and Petitioned to have the Kingdom delivered to them besides the King of Norwey who by his Proctors and Messengers demanded it as Heir to his Daughter Margaret 1 Ibm. The Twelve Competitors Names The others were Florence Earl of Holland Patrick de Dunbar Earl of March William de Vescy William de Ros Robert de Pinkny Nicholas de Soules Patrick Galightly Roger de Mundevill John Comyn John de Hastings John de Balioli and Robert de Brus. The Petitions 2 Ibm. The Competitors Petitions with their Reasons Reported to the King with the Reasons of their Claims having been propounded and shewn to the Auditors they Reported them to the King before the Prelates and Noblemen of both Kingdoms in the presence of all and every of the Demandants and of the Publick Notary The King assigned them by their own Consent Monday next after the Feast of the Holy Trinity which would be on the Second day of June in the year 1292 for the further Proceeding in this Controversy The King 3 Ibm. being that day at Berwick upon Twede and the Prelates and Noblemen of both Kingdoms there assembled with the Auditors that had been Elected and those appointed by the King to discuss and hear the Rights of the Parties claiming after an Attentive Hearing came to the King and related what had been done who with the Prelates and Noblemen of both Kingdoms strictly Examined them and For that he found there would be great delay and much time spent to the peril and danger of the Kingdom it was ordered by the Express Consent of all Pretenders and by the Assent of Prelates and Noblemen aforesaid That the Rights and Titles of Robert de Brue and John Baliol should Robert de Brus and John Baliol's Titles to be first Discussed be first Examined and Discussed and that afterwards all others might prosecute their Claims if they thought fit The King 4 Ibm. The Eighty Auditors Sworn to Advise the King how to proceed in this Judgment tho he might have Judged the Case without them as Superior Lord of Scotland yet that he might do it with more Security and Prudence he caused the Eighty Auditors to take an Oath that they would advise him how and by what Laws and Customs he was to proceed to Judgment in this Case These Eighty pretended great Difficulties and desired the Twenty four English the King had appointed might be added to them These Twenty four pretended as great or greater Difficulties and therefore I dare not undertake the Charge or Consult upon the Business before them without the Advice of the Prelates Noble Great They desire the Advice of the Prelates and Noblemen of England and Wise-men of England that were absent wherefore by the unanimous Assent of all present the King assigned the Morrow of the Feast of the Translation of St. Edward the Confessor that is the 14th of October for the further Proceeding in this Business in his Parlement in the same place in Parliamento suo loco eodem At 5 Ibm. The Prelates and Noblemen of both Kingdoms meet at Berwick The King asked their further Advice How the Right of Succession was to be determined in Scotland that day the Prelates and Noblemen of both Kingdoms appeared at Berwick as also the Auditors the King asked them as he had done before by what Laws and Customs Judgment was to be given in the present Case and if there were found no Laws or Customs to proceed by how it was to be given and whether otherwise concerning the Kingdom of Scotland than concerning Earldoms Baronies and other Tenures They all Answered with one Voice Nemine Contradicente That Judgment was to be made by the Laws of the Kingdom if any If not the King might and ought by Advice of his Prelates Noble and other Great Men of his Kingdom make a new one And that as to the Right of Succession in the Kingdom of Scotland Judgment was to be given as concerning Earldoms Baronies and other individible or impartible Tenures The King having Received these Answers 6 Ibm. The Titles of Robert Brus and John Baliol Examined he ordered the Auditors to Repair to the Church of the Friers Preachers in Berwick and favourably to hear John de Baliol and Robert de Brus from day to day what they had to say or propound Robert de Brus began first shewing the Reasons and Arguments for his Claim and then John Baliol set forth his in a long Plea and answered all what Robert de Brus had said The Auditors Related what had been urged on both sides to the King They both personally appeared before him who asked them if they would speak any thing further they answered No Whereupon the King openly and publickly before the Prelates and Noblemen of both Kingdom his whole Council and the Auditors asked what Advice they would give him which of the two according to what they had shewn and set forth had Right of Succession in the Kingdom of Scotland and the force of all their Arguments on both parts was drawn into this Question An 7 Ibm. The main Question between them remotior in uno Gradu in successione exiens de primogenita debeat secundum leges consuetudines utriusque Regni excludere proximiorem in Gradu exeuntem de secundogenita Vel proximior in Gradu exiens de secundogenita debeat secundum leges consuetudines ipsorum Regnorum
Besides 7 Ibm. the Annual Sum here granted for the further Support of Guy Earl of Flanders and Marquis of Namur in this great Undertaking against the King of France in another Instrument in the same Roll and Membrane and in Respect of the Alliance he had made with him and the Covenants and Alliances mentioned in his Letters aforesaid King Edward gave him Three hundred thousand Livres Turnois Noirs That is Seventy five thousand Pound Sterling to be Received by his own People without any Deduction That is to say 200000 Livres upon his Assent to the Covenants 6000 Livres at Christmas following 24000 at Candlemas following and 70000 Livres at Easter or Fifteen days after or at the farthest at Whitsunday This Sum is obscurely hinted in the preceding Confederacy and this Grant is Dated at Ipswich the same Day and Year Yet farther as Part of this Alliance in another Record in the same Roll and Membrane 't is agreed That Edward the King 's Eldest Son so soon as he was of Age should Marry Philippe Daughter of the Earl of Flanders if the Match was not †Guy Earl of Flanders with his Wife and Daughter Philippe had been allured to Paris above a Year before by seemingly very kind Letters from the King of France where they were all made Prisoners the Father and Mother were Released about Twelve Months after but the Daughter was kept with Design to prevent this Match which would have been very Disadvantageous to France Mezeray Hist Fol. 325. A. D. 1294. hindred by the King of France her Death or any other occasion that might happen si le dit Marriage naloit este accomplir par lempeechement du Roy de France ou par la mort de la dite Phelippe ou par autre occasion quele que Ele avenist but if so then he was to Marry his other Daughter Isabel And this was to be performed without any hindrance of King Edward or any other to which he was not to consent nor to any Absolution of the Pope or others against these things Nene consentiones a la absolucion Encontee ces chose ne autre Empeechment d'Apostoille ne d'autrui Dated at Ipswich the same Day and Year The Clergy * Walsingham F. 69. N. 30. The Clergy meet at London and deny the King Aid a Second time met the Second time at London according to the King 's Appointment on the morrow of St. Hilary that is the 14th of January when they continued their Resolution and Denied to give him an Aid or Subsidy for the Carrying on his War against France according to the Pope's Inhibition * Ibm. F. 69. N. 30. procured by the Archbishop with the Consent of the Clergy All our Historians report the Refusal of the Clergy but none The Reasons of this Denial of them is so Express in giving the Reasons for it as Knighton Col. 2491. N. 10. 20. where he tells us That after the Clergy had refused to give the King an Aid Robert Winchelsey Archbishop of Canterbury spake thus to the Bishops Satis vobis constat Domini mei nec latere potest quod sub Omnipotenti Deo duos etiam Dominos habemus Spiritualem Temporalem Spiritualem vero Dominum Papam Temporalem Dominum nostrum Regem quamvis utrique obedientiam debeamus Majorem tamen Spirituali quam Temporali c. My Lords You know well that under Almighty GOD we have two Lords a Spiritual and Temporal Lord the Spiritual the Pope and Temporal our King and altho' we owe Obedience to both yet greater to the Spiritual than Temporal but that we may please both we will send special Messengers at our own Charge to our Spiritual Father the Pope to have leave to Grant something or at least Direction what we ought to do in this Case Vt Licentiam aliquid concedendi habere possumus vel saltem Responsum habeamus ab ipso quid facere Debeamus Credimus c. for we believe the King as well as our Selves doth Fear and would avoid the Sentence of Excommunication After this Denial he went on Progress or Pilgrimage to visit his Tutelar 8 Ibm. f. 44. lin 8. The King goes on Pilgrimage Saint or Protectress in Dangers or Adversity the Lady of Walsingham in Norfolk where his Procurators 9 See a particular Instrument about this Matter in the Record above Hugh le Dispenser and Walter de Beauchamp Steward of his Houshold at his Command and in his Presence it not being the Usage for him any ways to Swear in his own Person did Swear en la Chapelle de nostre Dame a Walsingham in the Chapel of the Lady of Walsingham for him and his Heirs Kings of England and in his Name according to the Power given them which he acknowledged That they should Perform and Fulfill all Matters and Things contained in the Instrument of Alliance between him and the Earl of Flanders Nous qui de usage avoms que nous en propre Procurators to swear to the Articles of Confederacy on behalf of the King Persone ne jurromy reconissoms que le dit Monsieur Hue Monsieur Wautier fesoms nous Procureurs lour donans poer e mandement c. par le testmoign de cestes presentes Lettres c. by Witness of these present Letters Dated at Walsingham le jour de la Chandeleur on the Candlemas-Day in the Year of Grace 1296 and of our Reign the 25th Anthony 1 Ibm. in another Instrument Bishop of Duresm Walter Bishop of Chester and Hugh le Dispenser pur ceo que en sa propre Persone le Roy nad mie use a jurer for that the King uses not to Swear in his proper Person did in like manner by the Power and Authority given them The King's Proctors sworn to the Covenants of Marriage c. by the King Swear That he should Fulfill and Keep all the Articles of the Covenants of Marriage between his Son and the Earl of Flanders Daughters This Instrument is also dated at the same place on Tuesday after Candlemass Le Mardy apres le Chandeleur A few days after the Confirmation of this Confederacy the King The King moved at the unkindness of the Clergy being much moved at the Backwardness Unkindness and Stiffness of the Clergy to assist him in this War against France gave Command 2 Append. n 18. Ordered the Lay-fees c. of the Clergy to be seised That all the Lay Fees of the whole Clergy as well arch-Arch-Bishops Bishops and Religious as of other Clercs whatever and of whatever State or Condition they were together with their Goods and Chattels found upon the same should be seised into his hands until the Sheriffs should receive other Commands from him Which Writs or Warrants to all the Sheriffs of England were dated at Ely in his return from Walsingham February the 12th This Writ was rigidly Executed as appears by the Protections hereafter mentioned and
Grey Justiciary of Chester to give notice to all those in their several Bailiwicks or Counties that had 20 l. per Annum or above as well within Liberties as without whether they held of him in Capite or not to provide themselves with Horse and Arms and to be ready to go with his own Person for the Defence of themselves and whole Kingdom whensoever he should send for them Witness the King at Plympton the 5th day of May in the 25th of his Reign On the 15th of May for the Dangers and Perils that might happen to him and his Kingdom by the Treachery of his Enemies reciting the former Warrant and having appointed the time of his passage beyond Sea he 2 Append. n. 27. Of whomsoever they hold to pass with his Body beyond Sea commanded all the Sheriffs of England and Reginald de Grey to summon all that had 20 l. per Annum of whomsoever they should hold the same to be with him at London provided with Horse and Arms as they ought to be on Sunday next after the Octaves or Eight days after St. John Baptist to pass with his Body beyond Sea to the Honour of God of himself and their selves for the safety and common Profit of the Kingdom Witness the King at Loders in Dorsetshire the 15th of May in the 25th of his Reign At the same time he sent his 3 Ibm. He summons his whole Military Service to go with him Warrants to the same Persons to summon the Arch-Bishops Bishops Abbats Priors and other Ecclesiastick Persons and also Widows and other Women within their Counties that held of him in Capite by Military Service or Serjanty or of Wards in his Hand or Tuition to be at the same time and place with their whole Service of Horse and Arms to pass with his Body c. Witness as above Then also he wrote 4 Ibm. And writes to all the Earls Barons and Bishops particularly to be ready to Edmund Earl of Cornwall reciting his first Writ c. to be ready with Horse and Arms at the same time and place to pass with his Body c. Witness as above In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England To Humfry Bohun Earl of Hereford and Essex Constable of England To William Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel Robert de Ver Earl of Oxford John de Warena Earl of Surry Gilbert de Hunfranvil Earl of Anegos and 122 Barons and great Men there named And after the same manner he wrote to all the Bishops particularly On the 24th of this month the King wrote 5 Ibm. n. 28. again to all the Sheriffs of England and Reginald de Grey Justiciary of Chester to The Sheriffs to certifie all that had 20 l. per Annum in their Counties Execute his former Writ of Summons and to certifie under their Seals the Names of all such as had 20 l. per Annum or above of whomsoever they held it in their Bailiwicks or Counties Witness the King at Portsmouth the 24th of May in the 25th of his Reign While the King was thus preparing for his Voyage 6 Walsingh f. 70. N. 10 20 30 40. The Scots arm under William Waleys their Leader Kill the English the Scots by the Instigation of William Waleys whom they chose their Leader in this Month of May upon the King 's Justitiary William de Ormesby's Banishing many of them that refused to do Homage and Fealty to King Edward armed themselves and Killed all the English they met with practising strange Cruelties upon them which he having notice of laying to Heart the Affliction of his Friends in Flanders for want of his Assistance directed The Earl of Surry sent to Suppressthem He sent Henry de Percy William Waren Earl of Surrey with the Militia beyond Trent to march into Scotland to suppress this Insurrection The Earl raising an Army in the North Parts sent his Nephew Henry de Percy with it into Scotland who marching toward the Scots found the Heads of them the Bishop of Glascow the Steward of Scotland Andrew de Mornia and William Walleys inclineable to Peace upon Condition of the Safety of their Lives and Limbs Lands and Goods so as all things might be Pardoned to that time Henry Who accepts from them Terms of Peace de Percy admitted the Peace upon promise of Hostages and Articles in Writing if it should please the King who made acquainted with the Terms Consented to it that his Voyage might not be hindered When the Earl of Surrey went into Scotland to see the Performance of these things the Scots shifted from time to time delaying to deliver Hostages whereupon the Bishop of Glascow and William Douglas lest they might be thought Traytors yielded themselves the Bishop was secured in Roxburgh Castle and Douglas in Berwick In order to the King's Voyage into Flanders as hath been noted before the Militia was Summoned to meet at London on the Sunday after the Octaves of St. John Baptist which are July the First Mat. Westminster 7 Fol. 430. N. 20 30 40. A. D. 1297. The Earls of Norfolk and Hereford Constable and Marshal refuse to do their Duty and Service says They were summoned to meet on the Morrow of the Translation of Thomas the Martyr i. e. Becket which is July the 8th and may agree with the Record if the First of July that year fell on a Sunday when the Earls of Norfolk and Hereford the Marshal and Constable being Required by the King Refused to do their Duty and Request him to appoint some other of his Houshold to that Service and retired and on the 25th of July 8 he wrote again to all his Ports to send 8 Claus 25. E. 1. M. 9. Dors their Ships to Winchelsey with what speed they could The King no doubt in hopes of a perfect Reconciliation before he went over Sea 9 Append. N. 16. The King restores to the Archbishop of Canterbury all his Lands and Goods wrote to the Sheriffs of Kent Surrey Middlesex Sussex and Essex upon the earnest Request and Mediation of the Prelates of that Province and out of Special favour to Restore to the Archbishop of Canterbury all his Lay-Fees together with his Oxen Carts or Waggons and all other his Goods and Chattels being upon the same in the state they were then in Witness the King at Westminster July the 11th in the 25th of his Reign And that he might extend his further favour to all the Clergy that had submitted and were reconciled he gave a general Protection to them that had not received it before and 1 Ibm. N. 30. He grants a General Protection to all the Clergy wrote to the Sheriffs of London and others at the Request and Prayer of the Archbishop of Canterbury and other Bishops and Prelates of his Kingdom Supplicating him in behalf of the Clergy That they should Maintain Protect
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 â—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. Aâ— 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
he sent the Bishop of Vicenza to the King of France before whom and with the Consent of the King of England's Commissioners it was Agreed That both the Kings should perform that Article and King Edward Authorized several Commissioners The King of England performs the 7th Article of the Pope's Award to deliver the Possession of his Lands Vassals and Goods into the hands of the Bishop who was to receive them in the Name of the Pope as a Private Person and Benedict Gaitan This Instrument bears Date at Westminster April 22. 1299 the 27th of Ed. I. In May following Prince Edward 2 Ibm. Prince Edward Contracted to Isabel the King of France his Daughter made the Earl of Lincoln his Proxy to Contract the Espousals with Isabel the King of France his Daughter While the Bishop of Vicenza was in France he sollicited the Release of John Baliol King of Scots by the King of France his Mediation to the Pope to give it in Charge to the Bishop his Legate who obtained it 3 Append. n. 36 and Pryn's Ed. I. f. 797. A. D. 1299. 27. Ed â— and he was delivered to him at Whitsand in France by Robert de Bourghersh Kt. Constable of Dover Castle the King's Proxy upon Saturday before St. Mary Magdalen's Day or 22d of July upon Condition That the Pope might Direct and King John Baliol delivered to the Pope's Proxy Order what he pleased only as to his Person and the Estate he had in England as King Edward might have done if he had been personally with him in England saving to him and his Heirs Kings of England the Kingdom of Scotland the Men and Inhabitants and all the Appurtenances to that Kingdom It being there Read and Rehearsed before his Delivery and in his own presence and the presence of the Bishop of Vicenza That he had committed many Inhuman Trespasses and Treasons against his Sovereign Prince King Edward contrary to his Homage and Fealty c. And that the Pope should not Qrdain or Direct any thing in the Kingdom of Scotland concerning the Men or Inhabitants or Appurtenances of the same Kingdom for John Baliol or his Heirs which are or may be or any other Cause whatsoever And upon these Terms the Bishop in Name and Stead of the Pope received him from the King's Proxy on the said Saturday before the Feast of St. Margaret A. D. 1299. and 27th of Ed. I. Certainly at this time the Pope understood not that Scotland was his Fee as he claimed it two years after It may be supposed that King John Baliol was willing to go any His Character of the Scots whither rather than into his own Country he having voluntarily and of his own accord without the privity of King Edward by an 4 Append. n. 37. and Pryns Ed. I. f. 665. Instrument drawn by a Publick Notary the year before Renounced Scotland and Resolved never to come there more or have to do with it because he had found such Malice Fraud Treason and Deceit in the Scots that they had designed to poyson him This year 5 Mat. West f. 431. n. 50. died Two very great Men Humfry de Bohun Earl of Essex and Hertfordshire and Constable of England and William Beauchamp Earl of Warwick The Scots were this year Troublesome and the King had summoned the Militia of the Kingdom 6 Brevia Regis in Jurie Lond. 27 Ed. I. and Pryns Ed. I. f. 809. The King summons the Militia to go with him into Scotland The Pope sends a Nuncio to compleat his Award to meet him at Carlisle on the Vigil of Pentecost to go with him into Scotland upon his own Wages against his Enemies and to settle such English as he had there given Lands unto in them in the mean time he received a Message from the Pope that he was sending his Nuncio to Mounstreuit in Picardy where should be a Treaty to end all Differences in pursuance of his former Award This Message was communicated to the Arch-Bishop of Canterbury other Bishops Earls and Barons who advised him to remain in the South while this Treaty was over by reason of Debates that might happen in it which might require speedy Advice and Resolution and therefore wrote to all the Sheriffs of England to make Proclamation the Militia should not meet at Carlisle until the first of August Given at Stabenheth the 7th of May 27th of Ed. I. A. D. 1299. 27 Ed. I. Many of the Nobility and People not being satisfied or seemed not to be so that the Perambulations and setting out the Bounds of the Forests were not done so speedily as they desired the King sent 7 Brevia ib. Pryn f. 810. The People dissatisfied at the delay of the Perambulations of the Forests Writs to the Sheriffs of all Counties to proclaim and give notice That the Commissioners for these Perambulations should meet at Northampton at Michaelmass next with full power to proceed Special Commissioners appointed to dispatch that Business in that Business without delay Dated at Lewis the 25th of June in the 27th of his Reign But this was not thought sufficient for it was reported and The People yet not satisfied noised abroad that the King intended not to observe Magna Charta or the Charter of the Forest nor would ever suffer the Perambulations to be made and the Bounds of the Forests to be set out and therefore the same day he issued a 8 Ibm. and f. 811. The King issues a Second Proclamation to quiet them further Proclamation to give the Causes and Reasons why the Perambulations c. could not be made sooner and to let the World know he was pressed too hard and not in due manner to do these things and that those who raised these Reports were malicious People and desired to cause Differences between him and his Subjects and to disturb the Peace of the Nation Dated on the same day and at the same place In the beginning of September 9 Walsingh f. 77. n. 10. Mat. Westm f. 432. n. 10 20. A. D 1299. 27th of Ed. I. King Edward Married to Margaret the King of France his Sister Margaret Sister to the King of France was Conducted into England by the Duke of Burgundy and Earl of Britan to whom King Edward was Married on the 12th of this month in the Cathedral of Canterbury by the Arch-Bishop The Wedding was very splendid and much Foreign Nobility attended the Solemnity The King's Expectations were every way great from this Match but it answered them not On the Feast of St. Martin or 11th of November says 1 Fol. 77. n. 30. Walsingham the King held a Parlement at York and from thence went to Berwick intending to proceed further into Scotland to Relieve Sterling Castle then besieged by the Scots but the Noblemen Sterling Castle delivered to the Scots then with the King informing and pressing him the boggy and low Grounds were
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the arch-Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
less than a Month after the Death of Henry the Third King Edward being in the Holy-Land the Guardians of the Kingdom and Council in his Name by their Proctors made publick 2 Append. N. 44. Protestation for the Vindication of the Prerogative and Rights of his Crown against these Provisions before they Granted the Temporalities 3 Ibm. shewing That Cathedral Churches when void ought of Right and Custom and were wont to be filled by the Canonical Election of the Chapter the King 's Leave having been first asked and obtained And that after the Election the Elect ought to be presented to the King That he might object against him if he had any thing reasonable to propound against him and that it seemed to the King and his Council a great Prejudice to him and the Church of Canterbury whose Patron and Defender he was especially if this should be made an Example in other Churches That the Pope omitted these Vsages where there could not be found any Fault either in the Matter or Form of the Election nor so expressed in his Letters of Provision yet should assume a Power of Supplying Vacancies with Bishops Whence lest for the future the Roman Church should proceed to do the like or if it should do it That the King might not receive Prejudice or be bound to restore the Temporalities of the Churches the King of his especial Grace granted them to this Man and then Iterus Bernard his Procurator and Clerc made Protestation in his Name and stead That this Grant of the Temporalities should not be drawn into Example for the future This Protestation was made and Read at Westminster in St. Stephen's Chapel on the Vigil of St. Lucy the Virgin i. e. December 12th in the presence of Friar Robert â—e â—dwarde by the Elect by the Monks afterwards in compliance with the Pope or under a Pretence to Preserve their own Right and of the Bishop of Eâ—â—â—ster Walter de Merton Chancellor of England John de Chistâ—â— Dean of St. Pauls R. Burnel Arch Deacon of York and many others A. D. 1272. And on the same Day the 4 Pat. 1. Ed. 1. M. 20. intuâ— Temporalties having had sufficient Testimony of his affection to the King and taken the Oath of Fealty to him for that Time out of his especial Grace were Granted by his Lieutenant or Guardians of the Kingdom After six years 5 Antiqu. Brit. f. 192. n. 20 30. A. D. 1279. this Archbishop was made Bishop of Porto in Italy and Cardinal and then Abdicated his Archbishopric upon whose Cession pretending it was his Right so to do notwithstanding the Monks had Elected the Bishop of Bath and Wells then Chancellor of England and the former Protestation The Pope made John Peckham another Preaching Friar-Minor Archbishop and Consecrated him at Rome He was born in Sussex of Obscure Parents and had his first Institution in the Monastery of Lewis The Archbishops Bishops and Clergy endeavouring to put in practice the Canons of Boniface made at 6 Compleat Hist of Engl. f 668. Merron 42 Hen. 3. A. D. 1258. and the Provincial Constitutions of the same Boniface at 7 Spelm. Concil Vol. 2. f. 305. Lambeth 45 of Hen. 3. A. D. 1261. This Archbishop in the 7th of this King on the Third of the Calends of August or 30th of July A. D. 1279. 8 Ibm. f. 320. 323. called a Council of his Suffragans at Reading in which several Sentences of Excommunication were enjoined to be Published 9 Append. N. 45. which so Troubled the King that he convened the Archbishop in his Parlement at St. Michael next following wherein he made an open Revocation of such as pleased him not and were against the Rights of his Crown In the 8th of King Edward this Archbishop and his Suffragans intending to hold a * Spelm. Vol. 2. f. 327. Council at London the King fearing by their late Canons and Proceedings at Reding they might presume to Constitute something therein against his Crown and Dignity 1 Append. N. 46. appointed Roger le Estrange and Hugh Fitz-Otto Steward of his Houshold his Commissioners to go to them and appeal against such Proceedings Next Year he called a 2 Spelm. Ut supra f. 328 Council at Lambeth but the King suspecting the Loyalty of the Archbishop and Bishops directed his 3 Apprend N. 47. Writ to them Commanding them upon their Oaths of Fealty they had all taken to be Faithful to him and Defend his Rights and the Rights of his Kingdom as much as they could and enjoined them by Virtue of their Oath and under pain of losing the Temporals they held of him that they should in that Council do nothing against him his Kingdom and the Rights or Laws which his Predecessors and he had used by ancient and approved Custom nor to do assent to or attempt any thing against them Notwithstanding this Inhibition the Review the Council of 4 See Church Affairs in time of Hen. 3. Spelm. Conc. Tom. 2. f. 329. Lambeth holden under Boniface the then Archbishop to see how far it was suspended by the King's Appeal to the Pope about it and notwithstanding his Revocation of some of the Canons and Sentences of Excommunication made at Lambeth and renewed at Reding about two years before in open Parlement he renewed them again in this Council as 5 Ibm. f. 334. Linwood Constitutiones Provinciales in fine f. 30. That against such as procured or obtained Prohibitions against Proceedings in Spiritual Courts That against the Infringers and Opposers of Ecclesiastic Liberty That against such as took any thing out of or from the Houses Mannors or Lands of Ecclesiastic Persons against their Wills That against such as took or removed any Persons or Goods out of Sanctuary and hindered any Victuals to be brought to such Persons and Lastly against such as Denied to execute the King's Writs for taking the Excommunicates or hindered the taking of them or unjustly procured their Liberty This Council ended 6 Spelm. Concil Tom. 2. f. 341. on the Sixth of the Ides or 10th of October and he wrote the King a Letter about 7 Ibm. Church-Liberty not long after wherein he tells him That for a long time and very anciently there had been great Dissention between the King and Great Men of England and the Archbishops Bishops and Clergy of the same concerning the Oppression of the Church against the Decrees of Popes the Constitutions of Councils and Sanctions of Orthodox Fathers in which the Bighest Authority the greatest Truths and Sanctity did consist and therefore beseeched the King there might be an End put to those Dissentions which could not otherwise be then by his being inclined to close with those three things from which the Canons were Collected and to submit his Crown to the Crown of Christ for that the Ecclesiastic or Church-Liberties were the Jewels of his Spouse He tells him further That
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the arch-Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
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
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
and notwithstanding the King's Commissioners the Bishops of Winchester and Norwich and the Earl of Richmond by her Mediation the Bargain was made or they received a Form of Peace from the King of France That if King Edward would give his Right in the Dukedom of Aquitain and Earldom of Pouthieu to his Son Edward upon his doing She bargains with her Brother that if King Edward would give Aquitan and Ponthieu to the Prince upon doing his Homage he should have Seisin of them Upon that Agreement the Prince goes into France and does Homage Homage he would give him seisin of both These Things agreed on both sides the King of France sent his Letters of Safe-Conduct for the Prince and the King sent him with a Grant of those Lands to have and to hold them to himself and Heirs Kings of England adding That if the Son should die living the Father they should return to him and also other Conditions by which it should not be Lawful for the King of France to Marry him nor provide a Guardian for him against his Will 4 De la Moor Ut supra Walsing Ut supra A. D. 1324. 18 Ed. II. This Agreement was Confirmed by the Advice of the Prelates and other Noblemen at Dover the Day after the Nativity of the Virgin Mary in the Eighteenth of the King and on the Thursday following Edward the Son accompanied with the Bishop of Excester and other Noblemen went on Shipboard and afterwards about the Feast of St. Mathew did Homage to his Uncle of France under Protestations made on both sides the whole Affair being compleated for which the Queen was sent into France Soon after Michaelmas the King 5 De la Moor ut supra f. 589. lin 1. c. The K. wrote to the Queen to return with his Son into England She makes her Excuse having no Mind to return The Bishop of Excester removed from her secret Council wrote to her That she would speedily bring her Son into England She wrote back That the King of France her Brother out of great Affection would have them stay with him and sending back the greatest Part of their Families she employed the residue of the Year in prosecuting her own Designs The Bishop of Excester was sent over with the Prince but was now removed from the Queen 's Secret Council and Roger Mortimer and other Fugiâ—ibâ—s the King's Enemies were received into it 6 〈◊〉 â—6 Ed. 2. Part 1. M 34. Doâ—s And Roger Mortimer taken into it This Roger Mortimer the Younger upon Tryal for Treason had received Sentence to be Drawn and Hang'd the King out of his special Grace pardoned the Execution of that Sentence and willed that instead thereof he should be a perpetual Prisoner and assigned certain Justices to declare his Favour and adjudge him to Perpetual Prison and not long after the Time of the Queen's going over corrupting his Keepers he made his 7 De la Moor F. 596. N. 50. Escape out of the Tower of London and got into France The King much moved at the Queen's stay and Detaining his Son out of the Kingdom some 8 Ibm. â— 598. â— 10. Reasons why the Queen 〈◊〉 France to salve the Matter said they were unwillingly Detained others guessing that she was so bound by the Vnlawful Embraces of Mortimer that without him and the other Eugitives she would not return However it was The King 9 Claus 19 E. 2. M. 2. Dors The King sent and wrote often to the Queen to return out of France The fear of Hugh Spenser the Younger was her Chief Excuse The King answers all her Excuses sent and wrote to her oft times to return home Expressing great Kindness to her and grief of Mind for her absence many feigned Excuses she had for her not coming but the Chief was the Danger and Fear she was in of Hugh le Dispencer the Younger which she sent to him by the Bishop of Winchester with her Letters of Credence in answer to which the King wrote That he as much wonder'd as he could seeing and observing always in his Presence the Kind Deportment of her to him and of him to her and especially at her Departure declaring a perfect Amity and since by her Letters of a late Date to him which he had shewn unto the King attesting the same and therefore the Homage being done to his Brother of France and that they were in so fair a way of Affection one to another he Commanded and Charged her as much as he could That all And chargeth and commands her to come to him in all haste feigned Matters and Excuses laid aside she should come to him with all haste Par qui uous vous mandoms chargeoms en quanque nous pooms que totes tieles Enchesons feints autres choses lessees excusations cessantes reignes a nous od tote hast for that the Bishop had told him That his Brother the King of France in his Presence told her That according to the Tenor of her Safe-Conduct she should not be disturbed nor stayed from coming to him as to her Lord and as his Wife And then further writes to her When she came her Expences and way of Living should be such as should be neither to the Dishonour of him or her He also Willed and Commanded her to suffer his dear Son Edward He also Willed and Commanded her to send his Son to him to come to him as he had commanded him And whereas at the time Walter Bishop of Excester was lately with her he had been certainly informed That some of his Enemies and his Banished People waited to Destroy him if they had opportunity to a-avoid such Dangers and for other great Business he had with him he commanded him upon his Faith and Allegiance to come to him with haste leaving all other things in as much security as he could she was to excuse his sudden coming away it being for no other Cause Given at Westminster the First of December At the same time 1 Ibm. the King of France by the Bishop of Winchester wrote to him and sent a Message by word of Mouth That The King of France wrote the Queen dare not come to K. Edward for fear of her Life and Hugh Spenser he had been informed by Persons of Credit that the Queen dare not come to him for fear of her Life and Hugh le Despenser to which excuse he made the same answer he had done to his Queen and averred by Oath That if the said Hugh or any other Living in his Kingdom or in his power should offer any Ill to her and he could know it he would make them severe Examples to all others and beseeched him not to believe those that told him other King Edward's Answer to that and other things things for that he had and ought to have greater Reason to know and understand this Matter than any other and therefore
prays him to prevail with his Sister to come to him as soon as she could He prays him to send his Wife to him for the Honour of themselves and of her being much disturbed for want of her Company He also earnestly prayed him to dispatch his Son Edward and And to dispatch his Son's Business and suffer him to come to him deliver and surrender to him the Dutchy and Lands which he preserved out of affection to him that he might not be Disherited and further prayed him to suffer his Son to come to him with all the hast he could as he had commanded him it being always his Mind he should return the same hour he should command him so soon as he had done his Homage And then Excuseth the Bishop of Excester's sudden leaving France returning into England as he had done in the Letter to his Queen Dated as above at the same Place The 2 Ibm. like Letters were sent to His Friends and Peers of France The Arch-Bishop of Rhems The Bishop of Laon The Bishop of Beavois The Duke of Burgundy The Duke of Britan The Earl of Flanders The Earl of Valois The Abbot of St. Denis Peers of France The Arch-Bishop of Roan The Bishop of Langres Gaucher Chastillon Constable of France His Relations but not Peers The Lord of Cossi Lewes Earl of Clermont Robert de Artois E. of Beaumont The next day the King 3 Ibm. The K wrote to his Son to return without his Mother if she could not wrote to his Son that tho' he was young and of tender Age yet he might remember what he Commanded him and charged him with at his departure from him at Dover and also what Answer he made him then That when the King of France had received his Homage he should take his leave of his Uncle and return to him with his most Dear Companion the Queen his Mother if she could come so soon if not he should come without her and should not omit it any manner neither for his Mother or any other upon his Blessing Dated at Westminster the Second Day of December His Son wrote an Answer to this Letter as appears by 4 Ibm. The Prince answered his Father's Letter and he wrote a Second Letter to him another of his Father 's to him in March following wherein he acknowledges he did remember what he was charged with at Dover and especially not to marry without his Consent and what he said there to his Father at his Departure and promised in this Answer to do always his Commands and Pleasure to his power Whereupon the King in this second Letter strictly chargeth The Contents of the King 's second Letter him again well to remember those things and in no case to Marry or suffer himself to be Married without his assent nor before he should come to him nor do any thing that might turn to his Damage or Trouble of Mind and as to what his Son said in his answer That he could not come over so soon as he commanded him by reason of his Mother nor leave her being bound by Nature to perform his Duty to her to which he rejoin'd in these Words Beaufitz vous saves coment nous lavoms amee cherie verroiement si ele se eust portee vers nous come faire denst come bone feme vers son Seigneur c. Good Son you know how much I should have Loved and Cherished her and truly if she had carried her self towards us as she ought to have done and as a good Woman or Wife toward her Lord. But whereas she feigned an Occasion to withdraw from us ele se feigne encheson de se retrere de nous by reason of our Dear Nephew and faithful Hugh le Despenser who hath always loyally The Queen's Kindness to Mortimer served me You see and all the World may see that she openly notoriously and designedly against her Duty and against the Estate of our Crown which she is bound to favour and maintain hath drawn to her and retains in her Company and Council attrée a soi in sa compaignie reteint de son conseil le Mortimer c. Mortimer our Traitor and Mortal Enemy proved Attaint and in full Parlement so judged and keeps him Company every where in House and abroad in despight of us and our Crown and the Laws of the Realm Whom at another time your Vncle Banished his Kingdom at our Request as our Enemy and yet she doth worse if worse can be in bringing you into his Company and making him your Counsellor and She makes him her Son's Companion and Counseller making you adhere and stick to him openly and notoriously in the face of the World to the greatest Dishonour of us and you and in prejudice of our Crown and the Laws and the Vsages of the Laws of England the which above all things you are bound to Preserve and Maintain as queux vous estes sovereinment tenuz saves maintenir and therefore he Commands and Chargeth him upon his The King commands him to return notwithstanding any feigned Excuses Faith Amity and Legeance and his own Blessing that he come to him with what speed he can notwithstanding the foresaid Excuses or any other his Mother having wrote that if he would return she would not hinder him car vostre Meer nous ad Escrit que si vous voillez returner ele ne vous disturbereit pas and he could not understand his Vncle should hinder him against the Tenor of his Safe Conduct Given at Lichfield the 18th of March. At the same time King Edward 5 Ibm. King Edward Answers the King of France his Letter concerning his Queen wrote to his Dear Brother the King of France That he had considered his Letters wherein he signified to him he had seriously Discoursed his Sister about the Reason and Things to which he had Answered and that she had told him she desired only to be with him and in his Company as a good Wife ought to be with her Lord que ele vous ad dit qele desire tant de â—sire aâ—ez nâ—ue c. and that the seeming Amity between her and his Nephew Hugh le Despenser was only feigned yet it was convenient to keep it up to gain time and avoid worse things To disprove what she said to her Brother the King of France he reminded him of what great Amity and Kindness she often pretended to Hugh Despenser since her being there and repeats the Intimacy between Mortimer and his Wife and how she was wholly advised and directed by him and did whatever he advised in the same Words and Manner as in the last Letter to his Son and then desires him to restore the Dutchy of Aquitain c. to him without having regard to the wilful humour of a Woman and send him his Pleasure by the Bearer Given at Lichfield March 18. on the same day as before On the 15th
's Enemies 2 Ut supra n. 20. On the 28th of September the King issued his Proclamation against 5 Append. n. 68. A. D. 1329. 20 Ed. II. The King proclaims Mortimer Traytor c. Roger Mortimer giving notice That he and the other Traitors had entred his Kingdom by force and had brought with them Aliens and Strangers and taken upon them Royal Power over him and that therefore he was resolved to oppose them in Person to Arrest and destroy them and all their Company and Adherents as he ought and might except the Queen his Son and Earl of Kent who he would by all possible means to be as safe as before their landing and summoned all Persons that by their Ligeance were obliged to come with all their Force and Power in Defence of him themselves and the Kingdom and for the Ease of the People he promised to pay the Soldiers Wages and also promised to all Great Men his Charters of Pardon for Felony or Adherance to his Enemies as well in times past as at present and for Outlawry for what Cause soever except the Traytor Roger Mortimer and the great Managers of the People which came from beyond Sea with him and those that killed Sir Roger Boler and then promised 1000 l. Sterling and Pardon to any one should bring him the Body or Head of Roger Mortimer Given under his Great Seal at the Tower of London the 28th of September This Proclamation has not its desired Effect the People having The Proclamation without effect been so prepossessed with strange Notions and Jealousies concerning the King and both the Spencers and the strange things the Queen and Mortimer would do for Holy Church themselves and the Kingdom that in her March her Army daily increased and the King 's decreased She did no injury 6 Ibm. to the Bodies or Goods of any but her Enemies which she sought out and 7 Ib. n. 40. every where applied their Goods to her own use and destroyed their Farms The Queen's Army was much 8 De la Moor f. 598 n. 30 40. The Queen's Army much increased increased by some Bishops Letters wrote to their Fellow Bishops and other Friends that there were so many Dukes Earls and Barons with their Troops sent by the King of France to defend the Right of his Sister as all England could scarce feed them And also by another Lye spread all over the Kingdom That Her Cause carried on by Lyes the Pope had absolved all Englishmen from their Oath of Fealty sworn to the King and that he had thundered out the Sentence of Excommunication against all those that bare Arms against the Queen Praeterea profiluit 9 Ibm. Mendacium ab exercitu in omnes Regni partes divulgatum quod summus pontifex Romanus omnes Anglos absolvit a fidelitate jurata suo Regi c. For the Confirmation of which Lye it was pretended there were Two Cardinals with the Queen in the Army sent to her with these Favours from the Pope Ad hujus Mendacii confirmationem c. The Queen upon her Landing emitted a Proclamation 1 Walsingh f. 124. lin 1 c. That all should injoy Peace and Quiet except the Publick Enemies of the Kingdom the Two Despensers Father and Son and Robert The Queen's Proclamation Baldock the King's Chancellor and their Favourers who were the Cause of the present Disturbance of the Nation That no Goods should be taken from any without the Consent of the Punishments for Plunderers Owners if above the value of 3 d. then a days Wages for a Common Soldier his Finger was to be cut off nor 6 d. the Wages of an Hobelor under Pain of his Hand being cut off nec valorem Duodeci 〈…〉 Sterlingorum which I Translate 12 d. the daily Wages of a Man at Arms upon Pain of Death The King then at London requested Assistance of the 2 Ib. f. 123. n 40. The Londoners refuse to give the King Assistance Londoners who refused to aid him whereupon he 3 left the City and went Westward In the mean time the Londoners who were always in a fury when they had a liberty of being Insolent pretending Friendship to the Queen dum 3 Ib. f. 124. n. 10 20 haec aguntur Londinenses nenses quibus nunquam deest furia cum adest insolendi licentia gathering together the Rabble of all Artificers Congregatis de cunctis artificiis infirmis personis c. taking Arms and seize The Rabble seize their Major their Major threatning to kill him if he would not swear to Consent to their Orders which he did to save his Life Fecerunt 4 Ibm. They Consederate to kill the Queen's Enemies c. igitur Conjurationem c. And they made a Confederacy That the Queen's Enemies where-ever to be found of what State or Condition soever they were or such as should procure any Damage to the Liberties of the City should be put to Death Under pretence of this Oath 5 Ibm. They cut off John Marchal's Head Hugh Spenser's Servant they presently took John Marchal Servant to Hugh Spenser the Younger ejus caput immisericorditer amputarunt and unmercifully cut off his Head and plundered all his Goods and on the same day continuing their Madness 6 Ib. n. 30. They plunder the Bishop of Execser's House and cut off his Head eodem die continuantes suam Rabiem they ran to the Bishop of Excester's House setting fire to the Gates entring and not finding him they plundered his Jewels Plate and Houshold-stuff and coming out of the Fields on Horseback to the North Door of 6 St. Pauls the mad People took beat wounded and threw him off his Horse and dragged him into Cheapside where they proclaimed him a Publick Traytor and cut off his Head The Reason of their Fury against this Bishop 7 Ibm. n. 40 50. The Reason of their fury against this Bishop was That being Treasurer of the Kingdom he had persuaded the King's Council that the Itinerant Justices might sit in London 8 Ibm. who found the Citizens had offended in many things for which they lost their Liberties some were Fined and others had Corporal Punishment Next day they seised the 9 Ibm. They seise the Constable of the Tower Prisoners set free all England over Fugitives and Banished Persons return into England Constable of the Tower and took the Keys from him and set free all the Prisoners and so it was all over England and at the same time all Fugitives and Banished Persons returned We have a further Account of the Death of the Bishop of Excester and some of these things from 1 Hist sacra f. 366. Another Account of the Murther of the Bishop of Excester William de Dene a Publick Notary of the Church of Rochester living at the time The Arch-Bishop 15 days after Michaelmas intended to have held a Treaty with the Bishops
enter to Honour God and his Saints Hugh after these Mischiefs you advised the King to give unto the false Traitor the Earl of Winchester Andrew Harkley and self Lands properly belonging to the Crown in Disherision thereof 6 Ibm. Col. 2549. n. 10 20. Hugh whereas the Queen and her Son passed beyond Sea by the King's Command to save the Country of Guyen in point to be lost by your Traiterous Counsel you sent over a great Sum of Money to some of your wicked Adherents to destroy the Queen and her Son qest Droit heir del Realm who is Right Heir of the Kingdom and to hinder their coming over 7 Ibm. Hugh your Father Robert Baldock and self and other false Traitors your Adherents taking upon you Royal Power made great and small by force to swear to and assure you to maintain you in your false Quarrels or Pretences en vouz faux Quereles not having regard that such Confederacies were False and Traiterous against Legience and the State of the King and his Crown 8 Ibm. n. 30 40. And forasmuch as you Hugh and other Traitors knew that the Queen and her Son were arrived in the Nation by your Evil Counsel you caused the King to withdraw himself and go from them and carried him out of the Kingdom to the Danger of his Body and Dishonour to him and his People feloniously taking with you the Treasure of the Realm contrary to the Great Charter Hugh 9 Ibm. The Judgment upon H. le Despenser the Son you are found Traitor wherefore all the good People of the Kingdom Great and Small Rich and Poor by Common Assent do Award That you are found as a Thief and therefore shall be Hanged and are found as a Traitor and therefore shall be Drawn and Quartered and for that you have been Outlawed by the King and by Common Assent and returned to the Court without Warrant you shall be Beheaded vous serrez decollez and for that you abetted and procured Discord between the King and Queen and others of the Realm you shall be Embowelled and your Bowels burnt 1 Ibm. n. 50. Withdraw Traitor Tyrant and so go take your Judgment attainted wicked Traitor He was at this time Earl of Glocester and I see no Trial by Common Jury or his Peers and the Attaint was only this Speech made against and most what was objected to him had been Pardoned by Act of Parlement Et sic 2 Ibm. His Executioc statim morte plexus est Octavo Kalendarum Decembris And so he was presently put to Death on the 8th of the Kalends of December or 24th of November The Earl of Lancaster made no great haste with his Prisoner the King to Kenelworth for in 13 Days time he was got no further from Monmouth than Lidbury in Herefordshire at which Place the 3 Append. n. 71. Writ for Proroguing a Parlement that was pretended to have been Summoned by the King to meet 15 Days after St. Andrew was Dated the 3d of December Teste Rege apud Lidbury tertio die Decembris 20 Ed. II. Witness the King at Lidbury the A Parlement to be holden by the Queen and her Son if the King not in England Prorogued to the morrow of Twelfth-day The King knew nothing of the Writ of Prorogation dated Decemb 3. 3d of December The Writ for this Parlement which was to meet 15 Days after St. Andrew I believe can no where be found which was to be holden by Isabel Queen-Consort of England and Edward his Eldest Son Guardian of England he then being out of the Kingdom as 't is said in the Writ Dated the 3d of December c. for Proroguing that Parlement to the morrow of Epiphany or Twelfth-Day To be holden by him if Personally present or in his absence by his said Consort and Son But the miserable King knew nothing of this Summons Dated at Lidbury on the 3d of December with his Teste for the Great Seal was that Day in the keeping of the Bishop of Norwich at Wodstock and the next Day delivered to Roger Mortimer and the Duke of Aquitan i. e. Edward the King's Son at the same Place as it most certainly appears by the Record in the Appendix The Parlement met according to the Prorogation 4 Hist Sacr. vol. 1. f. 367. The first thing moved in it was Whether the Father or Son should be King n. 70. The Parlement as 't is called met crastino Epiphaniae or 7th of January The first thing moved by the Bishop of 4 Hereford and many other Bishops joining with him was Whether King Edward the Father or his Son Edward should Reign over them They were not long before they Agreed the Son should have the Government of the Kingdom and be Crowned King 5 Append. n. 72. It was carried for the Son The Reasons why he was deposed for the Causes following 1. First For that the Person of the King was not sufficient to Govern for in all his time he was Led and Governed by others who gave him Evil Counsel to the Dishonour of himself and Destruction of Holy Church and all his People not considering or knowing whether it was Good or Evil nor would remedy these things when he was requested by the Great and Wise Men of his Realm or suffer them to be amended 2. Also In all his time he would not give himself to Good Counsel nor take it nor to the Good Government of his Kingdom but always gave himself to Works and Employments not Convenient neglecting the Business of his Realm 3. Also For want of Good Government he lost the Kingdom of Scotland and other Lands and Dominions in Gascoigne and Ireland which his Father left him in Peace and Amity with the King of France and many other Great Persons 4. Also By his Pride and Cruelty he destroyed Holy Church and the Persons of Holy Church putting some in Prison and others in Distress and also put to shameful Death and Imprisoned Banished and Disherited many Great and Noble Men of the Land 5. Also Whereas he was bound by his Oath to do Right to all he would not do it for his own Profit and the Covetousness of him and his Evil Counsellors which were with him neither regarded the other Points of the Oath which he made at his Coronation as he was obliged 6. Also He abandoned his Realm and did as much as he could to destroy it and his People and what is worse by his Cruelty and the Default of his Person he is found incorrigible without hopes of Amendment All which things are so notorious they cannot be gainsaid These Articles were Conceived and Dictated by John Stratford 6 Author Decemb col 2765. n. 40. Commissioners sent to the King at Kenelworth-Castle Bishop of Winchester and Treasurer of England and written by William Mees Clerc his Secretary and a Publick Notary Having Approved the Articles they were by Comune Agreement 7
Church That to the prejudice of his former Bulls he caused Execution to be done as well upon their Persons as Goods for which he demanded Reason sending to him Two Cardinals to cause him to put things in such a State that might satisfie him Requesting him to Command That the Accused and their Goods might be put under the Power of them Two In pursuance of his 9 Ib. p. 10 11. Bull full of Discontent the Pope suspended the Power of the Arch-Bishops Bishops Prelates and Inquisitors in France and removed the whole Affair before his own Person which made the Pursuit of the King void and of none effect Which the King resented by a Remonstrance which he made on his part A Couragious Remonstrance â—aith the Author and full of Resolution Remonstrance couragense plâ—in de Resolution for he complained first The Pope was cold to second this just Pursuit it being without difficulty That God hated nothing more then those that were Lukewarm this was to give Consent to the Crimes of the Accused and give them Assurance they need not confess their Faults That the Pope was subject to the Laws of his Predecessors and as some have said that he might be Censured in a Case of Faith That the suspension of the Power of the Inquisitors made by the Pope was much prejudicial to this Affair giving hope to the Templars they might find favour before him or that the Business would never be ended That what he did was as a Catholick King not as an Accuser not as a Threatner or Partial Promoter but as the Minister of God a Champion of the Catholick Faith a Zelot for the Divine Law and for the Defence of the Church according to the Traditions of the Holy Fathers of which he was bound to give an Account to God The King by all ways shewing to the whole World that he 1 Ib. p. 11. went freely on in this Affair and by justifying himself he had done nothing without just Occasion satisfied the Cardinals and caused to be conducted to Poicters where the Pope then was some of the principal Templars that he might know from their own Mouths the Justice of his Procedure The Pope 2 Ibm. interrogated these Templars and 72 of them confessed that at their Reception into the Order they denied Jesus Christ and many other Crimes which were so horrible that he would not insert them in his Bull 3 Ibm. yet their Depositions were taken in Writing before the Bishop of Preneste the Two Legates sent into France and Three other Cardinals These Confessions 2 Ibm. p. 12. without constraint and of other most strange things and the freedom the King of France used changed the Resolution of the Pope and he saw well he had failed in the suspension of the Power of the Arch-Bishops Bishops and Inquisitors of France il vid bien quil avoit failli en suspendant le pouvoir c. for by his Bull he took off the Suspension and permitted the Bishops with all diligence to proceed within their Dioceses against the Templars In the mean time the 3 Ibm. Legates advised the Pope the King had put the Templars under their Power and judging they could not safely be sent out of the Kingdom without a great Guard he ordered they should be kept within the Realm by his own People always under the Name of the Pope and himself The King was very jealous of his Rights and Authority yet 4 Ibm. p. 13 14. shewed no Discontent however wrote to the Pope That as he had in no wise done injury to the Church Liberty so he intended not by the frankness he had used in delivering what he did to the Cardinals to do Violence to his own Rights and for the Templars Goods those he had deputed to keep them were his faithful Subjects and such as had the Charge of his Demain This Letter 5 Ib. p. 14. drew from the Pope a Bull by which he declared That what he had done and should do in this Affair by his Agents as well in respect of the Persons of the Templars as their Goods should be made no advantage to him nor prejudice to the King or Prelates Dukes Earls Barons or others of the French Nation as to their Homages Fees and other Rights they could pretend to upon the Goods of the Templars both Moveable and Immoveable since their being secured While these things were in agitation fearing lest there might be alteration in his Proofs there being as yet no Process made 6 Ibm. p. 15. the King by Deliberation of his Council with the Advice of the Prelates Princes and Barons of his Realm issued a Commission as well to Frier William of Paris of the Order of Preachers and the Pope's Inquisitor in France as to some Gentlemen upon the place where the Accused were Prisoners to assist on his part in Interrogating the Templars in which Commission were inserted their chief Names That when they first entred into the Order they denied Jesus Christ three times and spit upon the face of the Crucifix so often that those that were received kissed those which received them on the Breech the Navel and Mouth and then obliged themselves and made a Vow to expose themselves one to another for the Exercise of the Execrable Sin of Sodomy The 7 Ibm. p. 15 16. Inquisitor and Gentlemen lost no time in the Execution of these Commissions but laboured without intermission to perform what the King had injoined them so as the Inquisitor on several days Heard and Examined 140 Templars of the Temple at Paris who all agreed That at their Reception into the Order they were made to deny Jesus Christ and spit three times upon a Crucifix that was presented to them Secondly They all deposed That he who was received kissed the Receiver in the Mouth Navel and Breech Thirdly That they had straight Prohibitions aginst the Carnal Knowledge of Women but if pushed with Carnal Appetite the Brethren without Fear or Conscience might use one another Fourthly Some of them 8 Ib. p. 16. confessed they had Adored a Wooden Head gilt with a great Beard which was only brought forth at general Chapters The Grand Master 9 Ibm. James de Molay or Mauleu and Hugh de Peraldo being Examined amongst the rest confessed the same things and there was but 1 Ib. p. 17. Three of the whole number which affirmed they had never seen any ill in the Order The 2 Ib. 27 28. Pope not having any great Confidence in the French Inquisitors deputed Three Cardinals to Examine the Prisoners themselves at Crinon in Tourain that he might know whether their Informations were true From whose Report the Pope perceiving the Order to be more and more corrupt thought it necessary his Inquisition should be general and therefore dispatch't his Bulls or Commissions to all the arch-Arch-Bishops Bishops and Officers in France England Wales Scotland Ireland
many heinous Crimes sworn against the Templars in the Provincial Council of London called at the Command of the Pope the same that were sworn against those in France They confessed the Report but not the Fact unless one or two Ribalds that is most wicked and profligate Men in every State to wit of Priest-Templars Knight-Templars Common Brethren and Servant-Templars Nisi unus vel duo Ribaldi in omni statu Yet at last they all confessed they could not purge themselves from the things charged on them so that every one of them were thrust into Monasteries there to do perpetual Pennance where they in all things behaved themselves well This Relation of Walsingham is taken out of Adam Murymonth 5 In 1310. 1311. who then lived and his very Words transcribed by him In the Sentence of Extinction of the Templars and Donation of their Lands and Goods to the Hospitalers all Possessors and unlawful Detainers of them of what State Condition Excellency and Dignity soever they were whether Bishops Emperors or Kings were Excommunicated unless within one Month after they should be required by the Master and Brethren of the Hospital of St. John's of Jerusalem or their Procurators they parted with and fully and freely restored them to that Order and also all that were Aiding Advising and Assisting in the Detaining of them and likewise all Chapters Collegiate and Conventual Churches Cities Castles Towns and other Places that detained them and delivered them not when required as aforesaid were put under Interdict from which Excommunication and Interdict they were not to be absolved until they had made full and due Satisfaction And besides these Punishments all Persons and Places that detained the Goods and Estates aforesaid and delivered them not that held Fees of the Roman or any other Churches were decreed ipso facto in very Deed to be deprived of them In the end of this Council says the last cited 6 Ibm. A D. Historian the Pope sent two Cardinals into England to receive the Lands Goods and Possessions of the Templars for the Use of the Hospitalers The Earls and Noblemen whose Progenitors had given them to the Templars the Order being dissolved possessed themselves of and refused to restore them so as the Nuncio's returned without doing the Business they came for The Pope's 7 Append. n. 76. Letter or Bull to the King That he should give his best Assistance in promoting of the Delivery of the Templars Goods to the Master and Brethren of the Hospital or their Procurators and further That he should expresly Command all his Earls Barons Great Men Corporations and Bodies Politick Seneschals Bailiffs and other Officers which were by him deputed to keep those Goods to deliver them when required was Dated the 26th of the same Month of of May in which he passed the Sentence of Extinction This in all probability was the Bull or Letter by which the two Cardinals as Procurators or Attorneys came to demand the delivery of the Lands of the Templars for the Hospitalers On the 25th of November 1313 by virtue of a long tedious 8 Rot. Claus 7 Ed. II. M. 12. Dors Instrument for the restitution of the Possessions Goods and Chattels to the Hospitalers which had belonged to the Templars in England in which the Pope's Proceedings against them were recited Albert of Black-Castle de Castro nigro Great Commander of the Hospital of St. John's of Jerusalem and Deputy of the Great Master and Leonard de Tibertis Prior of the Hospital of St. John's of Venice and Procurator General of the Order Their Procurators petitioned and required That whereas the Pope had given by Consent of the General Council all the Houses Churches Chapels Oratories Cities Castles Towns Lands Granges Places Possessions Jurisdictions Rents and Rights and all Goods Moveable and Immoveable with all their Rights Members and Appurtenances and annexed united incorporated and applied them to the Greatness and Extent of Papal Power de plenitudine Apostolicae potestatis to the said Hospital c. The King hearing this Supplication made Protestation for the Preservation of his Right and Rights of his Subjects notwithstanding such Restitution and Rendring and that if he made such Restitution it was for fear of the Danger which he foresaw might come upon him and his Kingdom if he did it not and which for the shortness of Time and other Causes could not be avoided And further protested That at a â—it time he and his Subjects would demand the Goods as if they never had been restored Three Days after on the 28th of November the King caused to be delivered all the Things above mentioned to the two Procurators Albert and Leonard according to the Pope's Bull directed to him and to avoid the many Dangers and Damages that might otherwise happen to him his Dominions and Subjects saving the Right of him and his Subjects according to the Effect of his Protestation The King's Letter to this purpose was directed to the Guardians 1 Ibm. of the Lands and Tenements of the Templars in London and Suburbs and the like Letters were sent 2 Ibm. to Fifty six other Guardians of their Lands and Possessions in all Counties and several particular Places in England and to Audomar Earl of Pembroke to deliver and surrender the new Temple with all its Lands Tenements and Appurtenances in London the Suburbs and Middlesex In like 3 Ibm. manner he wrote to the Bishop of Lincoln several Noblemen and all the Sheriffs of England And then after these Letters and Instrument there is entred upon Record a long impertinent 4 Ibm. Acquittance reciting the Proceedings as before in their Request against the Templars from these Procurators by which they acknowledge themselves to be well contented and paid bene contenti pacati by the King and all others in the Restitution c. Dated in London on the Nones or 5th of December A. D. 1313. The Pope by a long Bull dated on the 5th of the Kalends of November or 28th of October in the 4th of his Pontificate commanded Robert Winchelsey Arch-Bishop of Canterbury A. D. 1309 to deliver an Abstract of it to the King and to Expound it to him which was thus Directed 5 Râ—g stâ—â—m Wâ—nchelsâ—y f. 6. â— in Doctors-Commons Excellentissimo Principi Domino suo vobis Domino Edwardo Dei gratia Regi Angliae illustri Domino Hiberniae Duci Aquitaniae insinuamus Exponimus nos Robertus permissione Divina Cantuarensis Archiepiscopus totius Angliae primas ex injuncto nobis mandato Apostolico quae inferius discribuntur To the most Excellent Prince and his Lord you Edward by the Grace of God illustrious King of England Lord of Ireland and Duke of Aquitan we Robert by Divine permission Arch-Bishop of Canterbury and Primate of all England by the Pope's Command do insinuate and declare to you the things under-written Which were these Grievances 1. That his Officers altho they were bound
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
this purpose sent Letters and Messengers to the King for whom he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether it was fit for him to Accompany the King of France or not After this Declaration 7 Ibm. Monsieur Geoffry Lescrop by Command of the King and in his presence before all the Prelates Earls Barons and other Great Men Reported That the King was Notorious Riots in the Nation informed and it was a notorious thing to them all That divers People defying the Law were gathered together in great Companies in destruction of the King's Lieges the People of Holy Church and the King's Justices taking and detaining some of them in Prison until to save their Lives they had received great Fines and Ransomes at the pleasure of the Evil-Doers some they put to Death and Robbed others of their Goods and Chattels doing other Mischiefs and Felonies and thereupon the said Geffry on behalf of the King charged The King demands Advice about his going to the Holy Land the Prelates Earls Barons and other Great Men That by the Faith and Allegiance they ought him they would Counsel him concerning his Voyage to the Holy Land which he very much desired to undertake with their Advice and also how the Peace And how to chastise and restrain the Rioters might be kept and how those Rioters might be chastised and restrained from their Wickedness The first care by the Advice of the 8 Ibm. The Lords advise to prosecute them by Law and Force Prelates Earls Barons and Great Men was against these Wicked People That the King should prosecute them by Law Force and all other good ways which should be advised him and accordingly Commissions were issued to the best Men in the Counties and Sheriffs to apprehend and imprison and raise the Posse Comitatus against them and cause them to be Endicted and punished according to their Deserts And it was further 9 Ibm. They were likewise to be Excommunicated Agreed by the King Prelates Earls Barons other Great Men the Knights of Shires and Communes par nostre Seigneur le Roy Prelats Countes Barons autres Grantz Chivalers de Countees Gentz du Comune c. That a Sentence of Excommunication ordered by the Prelates and Clergy should be pronounced against them in the Church of St. Paul in London and sent to all the Bishops in England to be also pronounced against them in their Dioceses First 1 Ib. n 6. The Reason and Terms of the Excommunication and who to be Excommunicated That all those who disturbed the Peace and Quiet of Holy Church and the Realm especially such as made Alliances by Covenants Obligations Confederacies or in any other manner were Excommunicated and so to remain Also 2 Ib. n. 7. the Receivers Favourers and Defenders of them Also 3 Ib. n. â— That all such Covenants Obligations Confederations and Alliances were made void and annulled by the said Prelates and that if any Oath was taken to confirm them that was also declared void As to his 4 Ib. n. 9. The Lords Answer about the King's going to the Holy Land going to the Holy Land they all concluded the time assigned by the King of France to be too short It was 5 Ib. n. 10. further declared in this Parlement on behalf of the King by Monsieur Geffry Lescrop That in the last Parlement in the 5th of the King at Westminster it had been agreed That the Debates moved between the Kings of England and France concerning the Lands beyond Sea should be reconciled by Treaty by way of Marriage or any amicable manner and that thereupon the King sent his Commissioners to the King of France who Treated with him and made Report to King Edward That the King of France said to them that if it pleased him to come to The King asked Advice of the Lords whether he should go into France to Treat Personally with that King him Personally he would do more favour to him than to any other wherefore 't was necessary to send speedily to the King of France and for this purpose he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether in case the Messengers with the King of France at their return should inform the King his Affairs would be in a better condition if he went over in Person he should go or not and in that respect all the Prelates Earls Barons and other The Lords consent to his going Great Men consented to his going in hopes all Obstacles of a Composure between them might be thereby removed and much advantage accrew to him They also assented his Voyage into Ireland might be deferred until Michaelmas next coming so as in the mean time some Men at Arms and others might be sent in Ayd of his good People there The Saturday next after the meeting of this Parlement it was Dissolved Upon the Peace made at Northampton by the Contrivance of Mortimer and Queen Isabell to secure themselves King Edward lost his Superiority over Scotland and the English Noblemen and others the Lands and Estates they had there some of whom by consent of the rest went into France to Edward Baliol Son of Edward Baliol Son of John came out of France into England John Baliol late King of Scotland and brought him into England at what time he claimed the Crown of that Kingdom as Heir to his Father against David Son to Robert Brus 6 Walsingh f. 131. n. 20 30 Buchan f. 87. b. f. 88. a. b. f. 89. a. n. 30 c. Claims the Crown of Scotland and recovers it by King Edwards Assistance And was Crowned at Scone in which Claim by the Mediation of his Friends he was assisted by Edward King of England who furnished him with a small Army of English by which his Friends were encouraged to come to him and after several of the Regents of Scotland and Guardians of David and that Kingdom as Thomas Randolf James Douglas Andrew Murray and other Great Men of his Party either dying or having been killed or taken Prisoners in the Engagements Skirmishes and Battles between both Parties for the space of Two years the Brusians having always been worsted tho most in number and the greatest People by the constant Assistance of the English Edward Baliol was Crowned King on the 8th of the Kalends of September or 25th of August 1332 at Scone in the 6th of Edward A. D. 1332. the Third In the Second year of his Reign he made REcognition and an He doth Homage and Swear Fealty to King Edward c. in the presence and by consent of the Parlement of Scotland See the Original here under noted where to be found The Form of his doing Homage Acknowledgment That the Kingdom of Scotland was holden of the Kings and Crown of England by Homage Liege and Fealty as of their
1 Ibm. Commission of the same Date John Duke of Brabant the Earl of Hanaw and Gueldres the Marquiss of Juliers and Sir William Dunork Lord of Onstrehout were added to them The Stiles of the Commissions were different in one 't is Philippus de Valoys Consanguineus noster Franciae Philip of Valoys our Kinsman of France without other addition In the other 't is Excellentissimus Princeps Dominus Philippus Rex Franciae Illustris Consanguineus noster Charissimus Most Excellent Prince the Lord Philip King of France our Illustrious most dear Cousin At Antwerp there was a Congress of the Confederates with King At a Congress of the Confederates Edward where on the 22d of July he revoked 2 Pat. apud Antwerp 12 Ed. III. M. 3. 7. The Commissions to treat were revoked the Power he had given the Commissioners abovesaid to Treat with Philip de Valois as King of France From thence the 3 Froys lib. 1. c. 32. K. Edw. made Vicar-General of the Empire Marquiss of Juliers was sent to the Emperor who obtained a Promise from him To make King Edward Vicar-General of the Empire 4 Ibm. c. 34. which was done accordingly and the Emperor commanded all People and Subjects of the Empire to obey the King of England his Vicar as himself and do him Homage In the 13th of his Reign at the Request of the Cardinals 5 Pat. Concess homin Angl. Vascon 13 Ed. III. M. 17. Another Treaty appointed without effect John Arch-Bishop of Canterbury Richard Bishop of Durham Henry Bishop of Lincoln the Earls of Derby Salisbury and Suffolk with others had on the 1st of July Authority to Treat with Philip de Valois or his Deputies upon the Dignities Honours Rights and Lands belonging to King Edward and all other Differences whatever The French Commissioners were the Arch-Bishop of Rouen the Bishops of Langres and Beavais the Place at Arras but without effect Having made this Progress toward a War with France for the obtaining that Kingdom 6 Wals f. 136. n. 50. See there the whole Letter and in Rob. Avesbury p. 83. b. K Edw. writes to the Pope and sets forth his Title to the Crown of France by Right of Succession he wrote to the Pope setting forth his Title to it That the Crown belonged to him by lawful Right of Succession as being Grandchild to Philip the Fair by his Mother Queen Isabel and tho' as he grants she could not Inherit by the Constitution of France yet when all the Sons of Philip were dead without Issue Male Charles the Fair being the last he claimed it as the nearest Male to his Grandfather and having the Right of Succession before Philip of Valois being Son to Charles Earl of Valois his Grandfather's Brother and affirmed That his Mother's Disability to take the Crown could not nor ought not to barr him of his Right This Letter bears Date at Antwerp July 16. 1339. in A. D. 1339. 13th Year of his Reign The Pope in 7 Wals f. 140. n. 20. The Pope's Answer to K. Edward s Letter answer to this Letter reprehends him for joining with Lewis of Bavaria the Emperor and receiving from him the Office of Vicar-General of the Empire seeing by his Predecessor Pope John XXII he had been Excommunicated and deprived of all Dignity and Honour who also had exercised the Power of the Apostolic Sword against all his Adherents who shewed him any Favour and gave him any Help or Advice or called or acknowledged him Roman King or Emperor declaring them Favourers of Hereticks Then persuading him to Peace and pretending great Affection to him advised him to hearken to the Cardinals that loved him sincerely and wished him Prosperity and in making Peace would propound nothing but what was pleasing to God and acceptable to the People This notwithstanding King Edward after he had been at Antwerp He entred France with an Army above a Year on the 19th of September 1339. saith Avesbury in October says Walsingham 8 entred France with a great 1 Ibm. f. 143. n. 30 40 50. Aves p. 86. b. Burns wastes and destroys the Country Army and burnt wasted and destroyed Cambresis or the Territory of Cambray and the Country of Vermundois and such as resisted him were put to the Sword 9 Ibm. Puts all that resisted him to the Sword The King of France marched towards him with a vast Army but when he came to Fighting he retreated for Fear The Pope hearing of this 1 Wals 144. n. 10 20. The Pope offers his Mediation for a Peace attributes the cause of not Fighting to Providence and an Act of Divine Clemency for the sparing of Christian Blood and after many Remarks upon it and the War beseeched the King for the Lord's sake and by the Mercy of God to think of Peace and in the mean time to consent to a Truce in order to a Peace and if the Cardinals by what they should propound could not effect it he offered his own amicable Mediation for a happy End and Composure of all Differences The King's Answers to the 2 Ibm. f. 145. 10 20 c. K. Edward's Answer to the Pope's offer of a Mediation Pope were his most humble Thanks for offering his Mediation and the Care and Affection he had for his Sons and that he should pursue his wholesom Advice but that Philip unjustly usurped the Crown of France lawfully devolved upon him after the Death of his Vnkle Charles the last King thereof That he had seized on Aquitan and excited the Scots to Rebell against him and therefore he intended not to neglect his Hereditary Rights but should endeavour to recover them by the Help of God and although that Kingdom had been demanded for him before the Cardinals who had earnestly and laudably laboured in the Business of Peace yet he could not obtain a reasonable Answer nor know what he would do or offer and that after many Treaties he would not hearken to Reason On the 3 Claus 13 Ed. III. Part. 2. M. 28. Dors A Parlement summoned 25th of August not long before King Edward's Inroad into France the Duke of Cornwal Guardian of England in his Name issued Writs for a Parlement to meet 15 Days after Michaelmass 4 Rot. Parl. 13 Ed. III. Part. 1. n. 4. The King sent to them an Account of his Affairs in France To which Parlement came the Arch-Bishop of Canterbury the Bishop of Durham and Monsieur William de la Pole from the King then in France to shew the Lords and Commons what he had done beyond Sea and his Condition there and the Mischief that had befaln him and those with him by reason he was not supplied from England At the same time came Letters to the Earl of Huntington and to the Prussia Merchants That the King was in France near St. Quintins with an Army of 15000 Men and more so as it was hoped with the Ayd of God
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
name of a Statute as being prejudicial and contrary to the Laws and Vsages of the Kingdom and the Rights and Prerogatives of the King But for that there are some Articles in the same Statute which are reasonable and agreeable to Law as in the Revocation in print 't is agreed by the King and his Council that those Articles and others accorded in this present Parliament shall be made into a new Statute by the advice of Justices and other Sages which shall be perpetual The Necessitous Condition of the King's Affairs requiring 20000 20000 Sacks of Wooll to be Transported Sacks of Wooll to be 5 Rot. Parl. 15 E. III. n. 45. transported before Michaelmas next coming it was provided That no Man before that time should send over Sea any Wooll on pain of thrice the value and loss of Life and Member How this Arch-Bishop was prohibited and kept from entring in at the Door of the Painted Chamber where the Parliament sate by Two Serjeants at Arms placed there by the King we have it in Birchington the Monk of Canterbury 6 Hist Sacr. vol. 1. f. 39 40. The Arch-Bishop not permitted to enter the Painted Chamber where the Lords sate in Parlement in his Life On Saturday the Feast of St. Vital or 28th of April being the sixth day of the Parliament he came to Westminster and to the Door of the Painted Chamber The Serjeants told him they could not permit him to go in To whom he said the King called him to Parliament by his Writ That he was after the King the greatest and ought to have the first Voice ego sum major post Regem primam vocem habere debens That he challenged the Rights of his Church of Canterbury and demanded entrance into the Chamber but the Serjeants expresly denied it to him and to the Bishops of London and Chichester who were with him Then advancing his Cross he told them That he would not depart from that place until the King should command him at length staying there the Ea 〈…〉 of Northampton and Salisbury coming out he desired them to acquaint the King with what had been done and that they would request him in his Name to preserve the Right of the Church of Canterbury At last with his Fellow Bishops and the Bishop of At last he was permitted to enter Ely he was admitted into the Chamber where Treating with the Prelates and Peers of the Land the King withdrew On Thursday following being the 3d of May in full Parliament he with Ten Bishops Eight Earls Four Abbots Eight Barons all And admitted to favour by the supplication of Great Men. there named the King's Chamberlain John Darcy Bartholomew Burghersh the Mayor of London the Barons of the Cinque-Ports and Knights of the Community of England ac militibus communitatis Angliae appeared before the King and supplicated him for the Arch-Bishop who admitted him into favour but did not then as Birchinton affirms excuse him wholly from his Crimes as is clear from the Parliament Records above cited Not long after the Dissolution of this Parliament Lewis the Emperor 7 Append. n. 90. wrote to King Edward That Philip King of France had given him Authority by his Letters to Mediate a Peace between The Emperor by Letter offers his Mediation of a Peace with France them which tho incumber'd with many and weighty Affairs he was willing to undertake it being very expedient for and advantageous to himself Kingdom and Allies if he would give him like Power by his Letters to Treat of and make a Peace or Truce for a year or two Nor as he says ought the Friendship enter'd into and contracted between him and Philip King of France move King Edward for since he had made Truce and Agreement meaning the Truce at Tournay with Philip without his knowledge will or assent by advice of his Princes who knew his Leagues Agreements and Unions to whom it seemed he might with Honour make Agreement and Friendship with the King of France he had contracted and enter'd into Union with him And for the Causes before noted he revoked his Commission by which he had made him Vicar of the Empire yet certainly letting him know that in his Mediation and Treaties he would provide for him like a Brother and if he would acquiesce in his Advice his Cause should be brought to a good end by his assistance And for his further intimation he sent to him one of his Chaplains who he desired might speedily be sent back These Letters were dated at Francfort June the 24th To which Letter King Edward sent his Answer 8 Append. n. 91. That he had received it with Respect and then reciting the chief Contents King Edward by his Letter refuseth to accept it of it commends his Zeal for making an Agreement between him and Philip of Valois giving him notice That he always wish't for a reasonable Peace with him which he had prosecuted as much as he could with Justice and that he then desired such a Peace as he wished for might be procured at the instance of so great a Mediatour But because he knew his Right in the Kingdom of France to be sufficiently clear he would not by his Letters commit it to a doubtful Arbitration or Judgment much wondring he should join with Philip that had done him such notorious injury when seeing the evident Justice he had for his Demands and Philip's obstinacy in not complying with them he had for that reason enter'd into a League with him And as to what was said That he without his knowledge or assent had made â— Truce and entred into a Treaty of Peace with Philip considering the Circumstances of the Fact it ought not rationally to have moved him because at that time he besieged Tournay and ought to follow the advice of those that were with him and gave him their assistance Considering also that Winter was coming on and the distance between them he could not be permitted to consult him And further he put him in mind That he had granted that when he had opportunity he might Treat without his knowledge but so as not to make a final Peace with Philip without his consent which he never intended to do It seemed also to some that the Revocation of the Vicarship was too suddenly done when as according to the Agreement by the heighth of Imperial Power made with him it ought not to have been done until he had obtained the Kingdom of France or the greatest part of it Dated at London the 18th day of July in the second year of his Reign over France and over England the Fifteenth After the Truce at the Siege of Tournay 9 Frâ—issard â— 1. c. 64. The Duke of Bretagne dies John Duke of Bretagne who had served the King of France in his Army in the way toward his own Country fell sick and died without Issue After his death there arose a controversie between
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 Holinsâ—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 â— 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
hereafter declared The City Castle and Earldom of Poictiers with the whole Land and Country of Poictou together with the Fief of Thouars and Land of Belleville the City and Castle of Xaintes and the whole Land of Xaintonge on this side and beyond the River of Charente the City and Castle of Agen and the Land and Country of Agenois the City and Castle and whole Earldom of Perigort and the Land and Country of Perigeux the City Castle and whole Earldom of Limoges the Land and Country of Limozin the City and Castle of Cahors and the Land and Country of Cahorsin the City and Castle and Country of Tarbe and the Land and Earldom of Bigorre the Earldom Land and Country of Gaure the City and Castle of Angolesm and the Earldom Land and Country of Angolesmois the City and Castle of Rodes the Land and Country of Rovergne And if there be any Lords as the Earl of Foix the Earl of Armagnac the Earl of Lisle the Earl of Perigort and Viscount of Limoges or others which hold any Lands within the Bounds of these Places they shall do Homage to the King of England and all other Services and Devoirs due by reason of their Lands in the same manner they did in times past The First Article was corrected and in instead of the Words Those in Soveraignty in Soveraignty were inserted these Those in Fee in Fee 2. Also the King of England shall have all that any of the Kings of England anciently held in the Town of Monstruel upon the Sea with their Appurtenances 3. Also the King of England shall have all the County or Earldom of Ponthieu entirely save and except That if any thing of the said County or Appurtenances have been alienated by the Kings of England for the time being and to other Persons than the Kings of France the King of France shall not be obliged to render them to the King of England And if the said Alienations have been made to the Kings of France for the time being without mean and he doth possess them at present they are entirely to be released to the King of England except the Kings of France had them by Exchange for other Lands of the Kings of England then both were to release But if the Kings of England for the time being had alienated any thing to other Persons than to the King of France and afterwards they came into his hands he shall not be obliged to render them Also if the things abovesaid owe Homage the King of France shall convey them to others who shall do it for the King of England And if they do not owe Homage the King of France shall appoint a Trustee or Tenant to perform the Devoir within one Year after he shall part from Calais 4. Also the King of England shall have the Castle and Town of Calais the Castle Town and Seigneurie of Merk the Towns Castles and Lordships of Sangate Colongue Hames Wale and Oye with Lands Woods Marshes Rivers Rents Lordships or Seigneuries Advowsons of Churches and