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
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
and other Burthens by the Pope lately made To the Slander Dishonour and Depression of the whole Church of England and Disinheriting of our Lord the King and his Crown and other Nobles of the Kingdom and in Offence and Destruction of the Laws and Rights thereof and most grievous Damage of his People and Subversion of the State of the whole Realm against the Will of God and the good Design of the Founders of these Benefices and against the Provision Ordinance Accord Decree and Consideration aforesaid made by his Grandfather and and Council and they pray the King he would please to have regard to the Church of England to the Indemnity and Disinheriting of himself the Earls Barons Nobles and Commonalty and Ordain Remedy He by assent of the Earls Barons and Nobles and the Commonalty of his Realm Provided Ordained Accorded Decreed and Considered That as well within the Franchise of the Cinque-Ports as other-where upon the Sea Coasts and thro all the Counties of the Kingdom as well within Franchise as without open Proclamation should be made That none of what Estate or Condition soever he was be he Stranger or Denizen should from henceforward bring or cause to be brought upon grievous forfeiture to the King Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People to deliver to Arch-Bishops Bishops Abbats Priors Earls Barons or any others within the Realm and that none by virtue of such Provisions or Reservations receive Benefices of Holy Church and that none upon the forfeiture aforesaid receive or take such Letters Bulls Process or Instruments touching such Provisions and Reservations nor by reason thereof make Institution or Induction or any other manner of Execution of them and that none do or suffer to be done any other thing that may be prejudicial to the King or his People or Blemish the Rights of his Crown or the Provisions Ordinances Accords Decrees and Consideration beforesaid And also it was further agreed That diligent search should be made in all Places needful for all and every one coming into the Kingdom and that all who shall be taken by such Search or Enquest to be taken or by other Information bringing Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People and all those who by them receive any Benefices and place themselves in or be received into them And also those that by Authority of such Letters Bulls Process Reservations or Instruments shall or do make any Appeals Citations or Process against the Patrons of the Benefices or those they have Presented or any others or shall Prosecute or cause to be Prosecuted in any Court whatever where they have done or procured to be done any thing in prejudice of the King or the Earls Barons Nobles and Commonalty aforesaid or of the Provisions Ordinances Accords Decrees and Consideration and against the Proclamation and Inhibition aforesaid shall be taken and arrested by their Bodies and the Letters Bulls Process and Instruments upon such Provisions and Reservations shall be taken from them or others wherever they are to be found and sent before the King's Council with their Bodies that brought them into England Wales Ireland or the County of Chester or Prosecuted any Execution of them with the Bodies of all others that shall be taken and arrested for the cause abovesaid to take and receive what the Court shall award and that hereupon Writs to that purpose be sent thro the whole Realm According to this Agreement a Proclamation and Writs were issued but without effect for in the Parlement 1 Clause 18 Ed. III. Part 1. M. 14. Dors next year which began Eight days after Holy Trinity the Commons prayed the King 2 Rot. Parl. 18 Ed III. n. 33. That the Provisions Ordinances and Accord made in the Parlement of the 17th year of his Reign concerning the Provisions and Reservations de la Court de Rome of the Court of Rome might be confirmed and made a perpetual Statute It was also 3 Ib. n. 36. ordered That the King present to the Prebends Dignities Churches and Chappels of such as lived in his Enemies Countreys or seize them into his Hands and employ the Profits in Defence of the Land and Holy Church except so much as should maintain the Houses and provide for Divine Service 4 Ib. n. 37. and that any one who should bring any thing prejudicial to this Order from beyond Sea should be taken and carried back again And further That these Writs and Proclamation were of no effect it appears by another 5 Append. n. 99. Proclamation this year directed to the Sheriffs of London in which all these Provisions Ordinances and Agreements are recited and in which it is said further That some Provisors such as had received Benefices c. by the Pope's Provisions as well Strangers as Denizens their Proctors and Messengers not considering the said Provisions Ordinances Concords Decrees Proclamation and Inhibitions nor the Punishments contained in them had brought Letters Bulls Process Reservations and Instruments into the Kingdom prejudicial to the King and his People and had delivered them to Arch-Bishops Bishops Abbats Priors and others as well Denizens as Strangers to be Executed since and contrary to the Proclamation and Inhibition aforesaid and the Arch-Bishops Bishops and others receiving them by virtue thereof admitted and inducted very many Provisors and their Proctors or Substitutes into Benefices which they possessed to the disinheriting and intolerable prejudice of the King his Crown and People against the Form of the Provisions Concords Decrees Considerations Proclamation and Inhibitions aforesaid And you that is the Sheriffs of London have attempted somewhat against that Proclamation and Inhibition and have hitherto neglected to obey our Command therein at which we are much troubled and then he comes to the Inhibition according to the Points of the former Agreement Provision and Ordinance including all those that admitted or inducted any into Benefices according to the Pope's Bulls and Reservations under the greatest Forfeiture that could be made and concludes They should so behave themselves in the Execution of this present Proclamation and Command as he might not have cause to prosecute them as Favourers of his and the Kingdom 's Enemies Witness the King at Westminster the 30th of January in the Eighteenth year of his Reign of England and of France the Fifth By the King and the whole Council In the same manner all the Sheriffs of England received the King's Commands That they put in Execution the Proclamation in their several Counties and Shires and also Bartholomew de Burghersh Constable of Dover Castle and Keeper of the Five Ports In a Parlement holden on the 8th of September in the 20th of his Reign by Leonel his Son Guardian of England 6 Rot. Parl. 20 Ed. III. n. 30. the Commons Petition that the Alien Monks might be made to go out of England before Michaelmass next
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
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
Reign The Welsh affrighted at the Death of their Prince 2 Mat. Westm fol. 411. n. 20. The Welsh deliver up their Castles in Snowdon delivered all their Castles in Snowdon and the very middle of Wales and the Clergy and Laity Clerus Populus granted first a Fifteenth and afterwards a Thirtieth part of all their Goods to the King for an Ayd David the Brother of Lewelin 3 Ibm. And Walsingham f. 51. n. 20 30. f. 52. lin 6. A. D. 1284. David Prince Lewelin's Brother Judicially Condemned c. Wales wholly subdued was taken by the King's Spies and such as he had appointed for that Business who refused to see him when brought to Rothelan Castle altho with great importunity he desired to be brought before him was sent to Shrewsbury and there Judicially Condemned Hanged Drawn and Quartered From this time Wales became Subject to England received it's Laws and the King placed his Sheriffs in it King Edward having undertaken the Croysado for the Holy-Land and by reason of these Welsh Wars and other things he was about to settle in his own Kingdom not being able in his own Person to perform it intended his Brother Edmund Earl of Cornwall for that Service and there being Six years Tenths Six years Tenths granted for the Aid of the Holy Land Collected from the Clergy according to the Canon and Grant of the Second Council of Lions laid up and secured in several Monasteries and other Places for Aid of the Holy Land Pope Martin the Fourth sent Two Preaching Friers into England for the Exportation and Return of this Money by his Agents and Forreign Merchants issued the following Writ to hinder it The King to Edmund Earl of Cornwall Greeting 4 Append. n. 8. The King forbids the Carrying of Money out of the Land to the Pope who sent for it Because for certain Causes we will not that the Six years Tenths Granted by the Clergy of Our Kingdom for the Aid of the Holy Land and now Collected be carried out of the Kingdom We Command that you cause to come before you all the Merchants of London as well those of Companies as others and Injoin and Inhibit them on Our behalf under the Peril of Losing Life Member and all their Goods that they no manner of ways Carry Cause or Permit to be Carried the Money arising from the said Tenths out of the Kingdom and if you find any Merchants or others doing so That you cause them and the Money to be Arrested and safely kept until you receive other Commands from Vs Witness the King at Hertlebury the 24th of May in the 10th of Our Reign The like Command was to the Major and Sheriffs of London and to Stephen Pencestre Warden of the Five Ports And he did not only Issue this Prohibition but sent Commissioners to the Places where it was laid up to see how much there was and to order the safe keeping of it for the right Use 5 Cl. 11 Ed. I. M. 7. Dors de Decima The Priors of Ely and Norwich refused to let the King's Officers see or secure the Money in their Monasteries whereupon he commanded 6 Ibm. the Sheriffs of Norfolk and Cambridgeshire to cause them with 3 or 4 of their Discreet Monks to come to him wherever he was to answer the Contempt Witness the King at Aberconwey in Snowdon the 15th day of June The Two Friers viz. Garnerius and Ramerius de Florentia ordinis Praedicatorum that brought the Pope's Orders for the Return or Transportation of these Tenths brought also his 7 Claus 10. Ed. I. M. 5. Dors litera directa Papae de cruce assumenda The Pope writes to the King about his Voyage to the Holy Land Letters to the King for the taking upon him the Cross and assigning the time of the General Passage of the Christians of all Nations into the Holy Land They pressed the King for an Answer who commended their Prudence very much to the Pope and only wrote back by them That his Holiness should receive Answer by Messengers of his own from Chester the 10th of June By these Messengers 8 Claus 11. of Ed. I. M. 7. Dors Bulla directa Regis super Decima The King sends Answer by his own Messengers who were Robert Dean of York and John Clazel his Chaplain as we are informed by the Pope's Bull to the King about this Matter he desired That the Tenths that were gathered in his Kingdom might be assigned to his Brother Edmund Earl of Campaign and Britany as the Pope there stiles him who was ready to undertake the Cross for the Succour of the Holy Land at the time of the General Passage But the Pope excusing the Delay of his Return to his Petition 9 Ibm. refused to Grant his Request and giving both him and his Brother great Encomiums and many fine Words earnestly moved him to go in his own Person as was expected for the Glory of GOD and his Own Honour This Bull is Dated apud Vrbem Veterem now Orvieto on the 8th of January in the Second year of his Popedom 1283. After this according to the 1 Registrum Peccham f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land Relation in the Pope's Letter or Bull directed to John Peccham Archbishop of Canterbury recited in his Answer to it directed to the Pope The King is Charged with Breaking open the Locks and Seals of the Places where this Money was kept and removing of it whither he pleased to the great Offence of the Divine Majesty and much Contempt of the Apostolick See whereas he ought not to have done it without his License having sent as 't is there said frivolous Letters for his Excuse In which Bull or Letter he Commands him by virtue of his Obedience to go to the King and admonish The Pope sends the Arch. Bishop to Admonish the King and induce him on his behalf ex parte nostra moneas inducas to restore and send the Money back from whence it was taken without any defalcation within the space of a Month and to tell him he would not nor ought to suffer the Holy Land to sustain such a great Loss and that unless he complied with the Admonition he would proceed against him and the Nation according to the Quality of the Fact and as he should think fit Enjoining the Arch-Bishop to give him an Account what he did in this Affair and what the King's Answer was Dated at the same Place as before the 5th of July in the Third year of his Pontificate The Arch-Bishop's Return 2 Ibm. The Arch-Bishop's Account to the Pope concerning the King and the Tenths granted for the Holy Land to the Pope was this Huic igitur Sanctitatis vestrae Mandato vires vota subjiciens reverenter c. In Obedience to your Holiness's Commands I went immediately to the King in the Marches of Wales and
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
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
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
Malt Wool Leather Oxen Cowes Powdered Meat without paying for them by which they were supported Thirdly They say they cannot pay Taxes by reason of their Poverty proceeding from the Tallages and Takings aforesaid because they had scarce wherewithal to support themselves and many were in such Condidition as they had not wherewith to Till their Lands Fourthly The whole Community of the Land thinks it self very much grieved That they are not used according to the Laws and Customs of the Land as their Predecessors have been Fifthly They were Grieved and Oppressed that Magna Charta or the Great Charter was not observed and that the Charter and Assize of Forests was not observed according to Custom Sixthly The whole Community thought it self grieved by the Imposition upon Wool which was too Burthensome at 40s per Sack and of Wool for common Vse seven Marks for the same Quantity 6 Ibm. f. 72. lin 5. for that the Wool of England amounted to almost half the value of the whole Land and this Imposition amounted to the Fifth part of the value of it Then they conclude That because the Community wished the King Honour and Safety as they were bound to do it seemed to them it was not good for him to pass into Flanders unless he were assured That People were true to him and his People and also in regard of Scotland which now began to Rebel and would do so much more when they knew he was beyond Sea When the King received these Petitions he 7 Ibm. N. 10 20. told the Messengers he could not Answer them without his Council some part whereof was gone into Flanders and some part left at London The K. could not answer the Petitions of the Community without Advice of his Council and sent to intreat the Earls by the Messengers That if they would not go over Sea with him They would at least do no Mischief to the Kingdom in his absence for that he thought by the Favour of God to return and have it in due Order It is Recorded in the Close Roll of this Year that the King passed into Flanders on the 22d of August 8 Claus 25 Ed. 1. M. 7. Dors Memorandum quod Die Jovis vicesimo secundo Die Augusti Transfretavit Rex in Flandriam Mat. Westminster 9 Fol. 430. N. 50. says it was the Day following on the Vigil or Eve of St. Bartholomew and that the same Day the Earls and Barons came to the Exchequer and forbad the Barons The Earls and Barons prohibit the Levying of Taxes granted to the King thereof to cause the Sheriffs to Levy the Eighth Peny of the Laity telling them They knew nothing of it and that Taxes could neither be Imposed or Exacted without their Assent Walsingham 1 Ut Supra F. 72. N. 40. says That the Earl of Hereford and Earl-Marshal with their Confederates or Complices prohibited the Treasurer and Barons of the Exchequer to cause to be Levied the Eighth Peny of the Laity that was granted to the King at Bury-St -Edmunds and that they prevailed with the Citizens of London to stand with them for the They prevail with the Citizens of London to stand with them for their Liberties Recovery of their Liberties The Scots taking the Opportunity of these Commotions in England still delayed to give Hostages and Pledges for the Peace made with Henry de Percy tho' demanded by Earl Warren and toward the End of 2 Ibm. F. 72. N. 10. August took Arms again under the Leading of Waleys and in a short time drove almost all the English out of The Scots again take Arms and drive the English out of Scotland Scotland William de Warren aforesaid the Guardian of Scotland fled from Berwick into England and the English that were there after him and quitted the Town yet the Castle was kept and well Defended by those that were in it Upon this News from Scotland the 3 Ibm. N. 30. The Prince Guardian of England Council that the King left with the Prince whom he had constituted Guardian of England in his absence to assist and advise him persuaded him to send for the two Great Earls and if by any ways he could reconcile them to his Father On the 9th of September 4 Append. N. 33. He Writes to the Constable and Marshal to meet him at London he wrote to the Archbishop of Canterbury Six other Bishops Twenty three Abbots and Priors these Two and Eight others to meet on the morrow after St. Michael at London to confer with him and those of his Council there present about urgent and difficult Affairs When they came together 5 Walsing Ut Supra f. 73. N. 40 50. they would not consent to any other Form of Peace than that which is now called the Statute de Tallagio non Concedendo or of not Granting Tallage which is the same in 6 Ibm. Walsingham with that of Sir Ed. Coke's Second Institutes Fol. 532. taken out of the Old Statutes Printed by Rich. Totel 1556. Part 2. p. 73. a. Henry de Knighton 7 Col. 2523. N. 10 20 c. They come Armed and take Possession of the City Gates tells us They came guarded with 500 Horse a great Number of choice Foot and that they would not enter into the City before they had Liberty to place their own Guards in every Gate and then says That by the Mediation of the Venerable Father Robert Archbishop of Canterbury Cujus memoria in Benedictione sit whose Name be blessed as the Historian there was no Agreement to be made unless the King would confirm the Charter of the Forest and the Great Charter with some Articles added to it which were the Statute before-mentioned then put in Writing by them and were the Grieuances sent to the King at Winchelsey drawn into the Form of a Charter or Statute This was done by the King as * F. 74. N. 10. Walsingham says Tanquam ab eo qui in arcto positus erat cedendum Malitiae temporis censuit as by one in streight thinking it best to give way to the Iniquity of the time And * Ibm. for this the Laity gave an Eight Part of their Goods the Clergy of the Province of Canterbury a Tenth and the Clergy of the Province of York a Fifth Part. On the 15th of September before this Meeting or Great Council to Claus 25 Ed. 1. M. 6 Dors A Parlement called the Prince had Issued Writs for a Parlement to be holden on the Octaves of St. Michael or 7th of October for the Confirmation of the Charters as his Father had before propounded in his Declaration and for that Confirmation * Ibm. the Laity regranted the Eight Part of their Goods they had given before at Bury and the Clergy gave a Tenth and the whole Business was dispatch'd in three Days for this Statute or Charter which in Coke's Second The Chartres confirm'd Institutes
no share of his it happened that in an Assembly they had at Prague for the Coronation of King Wincheslaus they easily suffered themselves to be persuaded the Pope was consenting to the Deposition of Adolphus as being useless to the Empire and in effect the Cabal was so strong that they Deposed him and Elected Albert Duke of Austria The Two Competitors came to Blows about it near Spire the 2d of July Adolph fighting valiantly but betrayed or at least forsaken by his Men there lost his Life The Abbat of Vrsperg an old German Writer of this time says thus 7 Paralip fol. 341. Printed at Basil 1559. The occasion of his being Deposed Whereas there was great confusion in the Empire and there was necessity to have a more powerful Emperor the Electors met at Ments and Deposed him for when Adolph had received 75000 Marks to assist the King of England against the King of France he kept it all to himself and divided none amongst the German Princes he could neither raise Soldiers nor help the English This Charge in the Empire and the Embroilment of his Affairs at home caused King Edward to accept the Popes Mediation as above The King before this time had summoned the 8 Cl. 26 Ed. I. M. 5. Doâ—s Militia of the Nation to meet him at Carlisle on Whitsun-Eve with their Horse and Arms to go against the Scots whose Power was now The King summons the Militia of the Nation against the Scots formidable and their Forces numerous yet on the 10th of April 9 Ibm. M. 12. Cedula Dors A Parlement or great Council summoned he summoned the Earls and Barons Two Knights of every Shire Two Citizens of every City and Two Burgesses of every Burgh to meet and Treat with him about certain Matters that concerned him and the whole Kingdom 1 Walsingh f. 75 n 20. The Charters Reconfirmed Here the Constable and Marshall demanded that because the Charters had been confirmed beyond Sea for the greater security they might be confirmed again The Bishop of Durham the Earls of Surrey Warwick and Glocester promised the King should do it upon his Return with Victory The King then commanded his Army to be ready at Roxburg upon Tweed on the Feast of St. John Baptist The King going aside to Visit St. John of Beverly found his Army at the time and place appointed 2 Ib. n. 30 40 50. and f. 76. n. 10. The Scots beaten at Falkirk He marched on into Scotland The Scots meet him with a mighty Army under the Conduct of Waleys On St. Mary Magdalen's Day or 22d of July both Armies drew up in a large Field near Falkirk upon the Signal given by the King the English boldly attacked the Scots their Horse soon gave ground the English pursuing and killing great numbers my Author says Sixty thousand Waleys and the Great Men of Scotland fled into the Woods After some stay in Scotland where he used some severity The King returns into England in his Return at Carlisle he gave the Constable and Marshall Leave to go home and stayed himself in the North Parts until after Christmas when he returned into the South and in 3 Cl. 27. Ed. I. M. 18. Dors Summons a Parlement February summoned a Parlement to meet on the first Sunday in Lent 4 Walsingh f. 76. n. 20. The Pope's Award read in it where was Read the Pope's Instrument of Award between the Two Kings which is long but the Effect thereof was 5 This Instrument is Intituled Pronuntiatio Bonifacii in Jurie London 25 Ed. I Pryns Ed. I. f. 758. The Articles of his Award as Benedict Caietan not as Pope That whereas they by their special Messengers and Proctors had compromitted into him as a Private Person and Benedict Caietan and as an Amicable Composer and Arbiter of all Wars Controversies Differences and Causes whatever moved between them He did Award and Pronounce 1. That there should be a firm and stable Peace between the Two Kings 2. That the voluntary forbearing of Hostility and the Truce lately made and confirmed between the Two Kings c. should be inviolably observed 3. That the King of England should Marry Margaret the King of France his Sister and Endow her with 15000 l. Turnois i. e. 3750 l. Sterling per Annum 4. That Isabel the Daughter of the King of France not then 7 years old should at convenient time be Married to Edward the King of England's Son then 13 years of Age with the Dower of 18000 l. Turnois per Annum 5. That all Goods on either side Ships especially taken before the War and then not imbeziled or destroyed should be restored and if destroyed and not to be found then either King to make Satisfaction at the Request of each other 6. That all the Lands Vassels and Goods which the King of England had in France before the War which he may have restored to him by virtue of this Compromise he should have and enjoy under such Conditions and Security as shall be awarded 7. That all the Lands Vassals and Goods which the King of France was then possessed of that were the King of England's before the War and those the King of England was then possessed of should be put into the Hands and Possession of the Pope and so to remain until the Kings themselves agreed about them or he should order what was therein to be done without prejudice to the Lands Vassals and Goods or the King 's as to the Possession Detention or Propriety of them This Pronunciation or Award was Dated at the Pope's Palace in Rome on the 20th of June 1298. 26th of Edw. I. A. D. 1298. To which Award when it was read in Parlement all the Clergy and Laity gave their Consent 6 Mat. West f. 431. n. 50. The whole Parlement confirm the Pope's Award Cui assensum praebuit Plebs omnis Clerus This done the 7 Ibm. The Charters confirmed The King refused to confirm the Disforesting Earls Barons and Prelates demanded the Confirmation of the Charter of Liberties and of the Forest with the Deforestation then made He confirmed the Charters but refused to confirm the Deforestation or parting with so much Land out of his Forests as they demanded Walsingham 8 Fol. 76. n. 40. Reports That in this Parlement the King being desired to confirm the Charters as he had promised in Scotland after some delay consented with a Salvo jure Coronae saving the Rights of his Crown which the Earls hearing returned home but calling another 9 Claus 27 Ed. I. M. 18. Dors Writ dated Apr. 10. Parlement to meet 15 days after Easter he granted what they desired The Execution of the Pope's Award was delayed neither of the Kings being forward to deliver their Possessions c. in Gascoign into his Hands but being resolved to make Peace if he could 1 Rot. Aâ—â—m 27 Ed. I. M. 11. intus
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
speciali as the Record hath it After the Transaction and Settling of these Two great Affairs those whom the King employed had time from the Chronicles sent to this Parlement from the Monasteries to make a * See Mat. Westm f. 439. n. 20 30 c. Wals f. 81 c. Rot. Claus 29. Ed. I. M. 10. Dors Printed in Ryley's Placita Parliamentaria Append f. 596. The King's Title to Scotland sent to the Pope with a Narrative of the Perfidiousness of the Scots Deduction of his Right and Title to Scotland which was Historical and almost the same but more full and particular than that which was delivered to the Scots when he claimed the Superiority and direct Dominion over Scotland in the 19th of his Reign This was sent in a Letter from the King to the Pope with a Narrative of the whole Nation of Scotland having done Homage and sworn Fealty to him and owned and acknowledged him to be their King and Supreme Lord several times and what they had done against their Oaths invading burning spoiling and wasting England when they thought fit and also cautioning the Pope against the false Insinuations and Suggestions of the Scots concluding with a Petetion That he would have a Paternal Care and Affection to his Royal Rights Dated at Kemsey or Kynardesey the 7th of May A. D. 1301. if the Year began at Christmas if on Lady-day or 25th of March then 1302. in the 29th of his Reign The King at the Request of the King of France had granted the Scots a Truce which was to end at Whitsunday next coming as says the 5 Claus 29. Ed. I. Dors M. Dugd. Summons to Parl. f. 35. Writ by which he Summoned the Earls Barons and Knights such as he pleased to meet him at Berwic in the Feast of St. John Baptist with their Horse and Arms and to go with him against the Scots His Rebels and notorious Traytors to Repress their Rebellion and Pride so the Record Contra Scotos Rebelles nostros notorie proditores ad ipsorum Rebellionem Proterviam reprimendam This Summons was dated at Lincoln Feb. 14. in the 29th of Ed. 1. on the same Day he confirmed the Perambulations This Year the King made his Eldest Son Edward 6 Wals f. 79. n. 10. Matth. West f. 433. n. 50. Prince of Wales Earl of Chester Prince of Wales and Earl of Chester with which the Welshmen were well pleased as being born at Caernarvon in their own Country In Scotland he makes his 7 Pat. 29. Edw. I. M. 2. intus Claus 29. Ed. I. M. 3. Dors Procurators or Proxies to the Pope Walter Bishop of Litchfield and Coventry Amadeus Earl of Savoy Otto de Grandison Kt. and Gerrard Arch-Deacon of Lichfield to desire him speedily to put an end to all Differences between him and the French King and to complete the long-deferred Treaty of K. Edw. sends Procurators to the Pope to complete the Treaty of Peace between him the K. of From. Peace according to the Form of his Pronunciation or Decree made by virtue of the Compromise unto him but the Pope was not at leisure The Commissions or Procuratory Letters are dated at Glasco Aug. 24. in the 29th of his Reign The King staid all Winter in Scotland 8 Wals £85 n. 50. A. D. â—301 30. Ed. I. where many of his Military Men lost their Horses for want of Forage After Christmas he again at the Instance of the King of France 9 Ib. â— 86. â—in 3. He grants the Scots a Truce Granted the Scots a Truce until the Feast of All-Saints next coming and toward the Spring having settled things in Scotland returned into England All the Arguments the King used by Letters and Messages to the Earl of Savoy and Otto de Grandison 1 Claus 30. Ed. I. M. 15. Dors Two of the King's Procurators to the Pope refuse the Employment who were best acquainted with the State of his Affairs and Differences between him and the King of France could not persuade them to undertake this Embassie or Procuration to the Pope and therefore he 2 Ibm. The other two proceed committed the whole Affair to the Bishop and Arch-Deacon to hear for him and in his Name the Pope's Pronunciation Will and Pleasure in those things that then were not declared and determined between them by virtue of the Compromise made by both into his Person 3 Ibm. Ad audiendum pro nobis nostro nomine Pronunciationem vestram Voluntatem Beneplacitum super his quae inter Regem Franciae nos per vos i. e. the Pope virtute Compromissi c. restant pronunciandae facienda This Letter and new Commission was directed to the Pope to give him notice of the Refusal of the First two the Earl 30. Ed. I. and Knight and dated at Darlington in the Bishoprick of Duresm March 5. in the 30th of Edw. I. In April following Roger le Bigod Earl of Norfolk and Marshal of England granted and quiet claimed for his Heirs 4 Rot. Claus 30. Ed. I. M. 14. Dors The Earl-Marshal grants his Lands c. to the King and his Heirs to the King and his Heirs for ever All his Castles Towns Mannors Lands and Tenements in England and Wales except the Mannors of Sterington Wylton Thornton and Leversham with the Advousons of the Churches and all other their Appurtenances in the County of York and the Mannors of Acle and Castre with their Appurtenances and the Advouson of the Church of Geldeston in the County of Norfolk with the Knights Fees Advousons of Religious Houses and Churches Hundreds Honours Liberties and all their Appurtenances by what Name soever they should be called so as neither he nor his Heirs nor any one in his Name should have any Right or Claim in them Which Grant was Dated at the Abby of St. John's in Colchester the 12th of April in the 30th of Ed. I. He also made a Grant 5 Ibm. Also his Goods to the King of all his Goods and Chattels upon and in those Castles Mannors Towns c. except upon the Mannors and Lands before excepted Dated at the same Time and Place And made Letters of Attorney of the same Date to several Persons in every 6 Ibm. County where he had Lands to give Livery and Seisin accordingly Further at the same Place and on the same Day he restored remitted and quiet claimed for him and his Heirs to the King and his Heirs for ever all the 7 Ibm. He Releases and gives up his Earldom and Marshalship Right Honour and Dominion he had by the Name of Earl in the County of Norfolk and the Marshalcie of England with every thing thereunto belonging Lastly he restored remitted and quiet claimed the 8 Ibm. Castles of Bristol and Nottingham which he was to have held for Life by the Grant of the King so as he nor any one in his Name
should claim any Right therein Dated at Fulham May 15. in the 30th Year of Ed. I. The Reasons of these Grants and Restorings might be what The Reasons why the Earl-Marshal gave the King his Lands and parted with his Office and Honour Mat. Westminster reports tho' he mistakes the Year in the 33d of this King he says he then had a time of Speaking and that he warily convented the Earl-Marshal upon a Conspiracy which the Arch-Bishop of Canterbury and many Earls and Barons had contrived against him while he was in Flanders who not being able to contradict what the King said begged his Pardon For obtaining of which he made the King Heir of all Things he had By which means he saved his Life and the King as a Reward added to his Life a Thousand Pounds Land by the Year Which might be the Mannors and Lands he had liberty to except 9 Mat. West f. 452. lin 2. He with the A. Bp. and others had conspired against the King Et aderat tempus loquendi Rex convenit cautè Comitem Mareschallium super quodam Dedecore Conspiratione quam Archiepiscopus Cantuariensis plures Comites Barones contra eum Machinaverant ipso tunc agente in Flandria qui nequaquam valens ista contradicere Gratiam Regis petiit Pro qua obtinenda constituit Regem haeredem suum universorum quae habuit sic mortem perdidit vitam invenit Rex Remunerans eum vitae Comitis mille libratas Terrae adaugendo concessit In like manner the King convented all the others one by one that were in this Conspiracy and fined or punished them in Sums of Money 1 Ibm. lin 8. Similiter Rex singulatim singulos conveniens qui huic facto consenserant pecuniaria poena mulctavit Yet within this very Year of his Reign the King 2 Rot. Cart. 30 Ed. I. n. 24. 28 29. Dugd. Baron vol. 1. f. 136. col 1. The King regrants his Lands Honor and Office to the Marshal regranted the Earldom and Marescalcie of England with all his Castles Mannors and Lands in England and Wales to him and his Issue lawfully to be begotten upon the Body of his Wife Alice and for want of such Issue to return to the King and his Heirs 3 Dugd. Bar. ib. He died without Issue in the 35th of this King and the Honour and Estate came into his hands Some great Business the King had at this time that he had fixed in his Mind and laid much to Heart for which he sent Peter de Dene Canon of London and Roger le Sanvage Knight to the Pope 4 Pat. 30. Ed. I M. 12. intus Pryn's Ed. I. f. 93 The King senâ—â— Messengeâ—s to Rome upon secret Service Dilectos Fideles nostros Petrum de Dene Canonicum Londinensem Rogerum le Sauvage Militem pro quibusdam negotiis nostris quae multum insident Cordi nostro Domini summi Pontificis praesentiam destinantes c. Joining with them 5 Iâ—m William de Geynsburgh his Lieger at the Court of Rome and 6 Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery 7 Ibm. Sanctae Mariae novae in Porticu Diacono Cardinali to assist them and effectually promote his Business with the Pope and for so doing he should always find him ready 1 Pat. 30. Ed. I. M. 12. intus to do those things which were grateful to him The same Letters were wrote and directed to Six Cardinals more Four Deacon and Two Priest Cardinals This Letter is Dated June 13. at Chartham The Four Deacon Cardinals were his Pensioners Luke de Flisco Deacon Cardinal of St. Mary in the Broad way Sanctae Mariae in via lata Cardinalis Diaconus Peter Piperne Deacon Cardinal of New St. Mary Sanctae Mariae novae not in Porticu Diaconus Cardinalis William Cardinals the King's Pensioners of Pergamus Deacon Cardinal of St. Nicholas in the Tullian Prison a Parish in Rome as they all were Sancti Nicholai in Carcere Tulliano Diaconus Cardinalis Francis Deacon Cardinal of St. Mary in Cosmedyn Sanctae Mariae in Cosmedyn Diaconus Cardinalis 4 Ibm. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas for their Diligence and Sincerity in Transacting his Business The King 's former Proctors having not done any thing concerning the Peace between the Two Kingdoms he sends others to the Pope viz. 3 Claus 30. Ed. I. M. 6. Dors New Procurators sent to the Pope for a final Conclusion of the Peace between the two Kingdoms William de Gainsburgh and H. de Hertpole Two Friers Minors and Two of his own Clerks John de St. Clare Cannon of London and Philip Martell Professor of the Civil Laws with William de Dene Knight or any Four or Three of them with full Power to give a final Dispatch to this Business according to the Form of his former Pronunciation or Decree 4 Pat. 30. Ed. I. M. 9. intus Without effect Giving them also in their Commission or Letters Procuratory full and free Power to Demand Hear and Receive a total Consummation of his Decree and the Peace to ensue thereupon Both these Records are Dated at Arundel Septemb. 9. A. D. 1302. in the 33th of this King Their Negociation proved also ineffectual As the Earl Marshal so Humphry de Bohun Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign and doing Homage had 5 Dugd. Bar. f. 183. col 1. Rot. fin 27. Ed. I. M. 23. The Constable grants all his Lands Honours and Office to the King Livery of his Father's Lands in the 27th This Year also granted all his Castles Towns Mannors Lands and Tenements Knights Fees Advousons of Religious Houses and Churches Hundreds Honors Liberties and all their Appurtenances in England and Wales to the 6 Roâ— Claus 30 Ed. I. M. 5. Dors King and his Heirs for ever without any Exception or Reservation of any thing to himself 7 Ibm. The King regrants them upon Marriage with his Daughter And all his Right Honour and Dominion he had as Earl in the Counties of Hereford and Essex and the Constableship of England The Grant is dated at London the 8th of October in the 30th of Edw. I. Which upon the Marriage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland Zeland and Lord of Friseland were 8 Dugd. ut supâ—a Claus 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Seagrave made Guardian of Scotland Regranted to him about two years after After the Feast of All-Saints when the Truce with the Scots was expired the King sent 9 Wals f. 86. n. 30. John de Seagrave with an Army into Scotland 1 Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the
Kingdom who marching 2 Wals f. 87. lin 3. with a small Party towards Edinburgh the Scots who lay in Ambuscado wounded and took him with several others but a fresh Party coming up rescued Taken Prisoner and rescued and took him from those that had him Prisoner Next Year on the 10th of January A. D. 1303. beginning A. D. 1303. Pryn's Ed. I. 1020 the Year at Christmas as Walsingham always doth 3 the King of France willing to leave the Scots out of the Treaty and conclude a Peace with England King Edward gave his Letters Patents or Commissions to Amadeus Earl of Savoy Henry de Lacy Earl of Lincoln and Otto de Grandison or any Two of them dated at Odyham January 10. 3 Pryn's Ed. I f 1020 The Truce with the King of France prolonged 31 Ed. I. A Peace between the two Kings to Prorogue the Truce between him and the King of France their Kingdoms and Subjects and to settle a firm and perpetual Peace between them their Heirs and Successors against all Persons but the Pope and Church of Rome and also to the same Persons and Bishop of Worcester gave Commission on the 2d of March in the same Year to the same purpose who Treating with the Dukes of Burgoine and Britan and other Commissioners of the King of France concluded a firm Peace between the Two Kings and their Realms 4 Ibm. The Scots left out of it leaving the Scots out of the Treaty For the Confirmation whereof the King made his Letters Patents and Sealed them at the Town of St. John's or Perth in Scotland June 10. A. D. 1303. in the 31st of his Reign All the Procurations Patents and other things concerning this Peace and the Articles themselves are in a special Roll in the Tower which at the writing hereof I could have no opportunity to peruse Upon this Treaty and Peace 5 Mat. West f. 446. n. 20. Gascoigny restored to King Edward The Revolt of Flanders the cause of this Pâ—ace Gascoigne was restored to King Edward with all its Rights and Liberties as he possessed it before the beginning of the War The Revolt of Flanders from the Subjection of France which had been subdued when King Edward by reason of the Domestick Troubles and Confusion of his own Affairs at home was not able to assist the Flemmings 6 Ibm n. 30. Mezeray's Hist Fr. f. 330. contributed much to the advancement of this Peace for the French attempting to regain Flanders were every where beaten and their Armies routed and in all their Attempts had ill Success This Year the Scots armed again under the 7 Wals f. 86. n. 40. f. 87. n. 10. 20. 31 Ed. I. The Scots arm again under W. Waleys They crave Peace and have their Terms granted Sterling-Castle besieged Conduct of William Waleys and the King summoned his Militia to be at Roxburgh in Scotland on Whitsunday from whence by small Marches he went through the whole Kingdom to Cathness no Force opposing him The Scots finding they were not able to resist sent Mediators and humbly craved his Peace and that they might be permitted to compound for their Estates with them to whom they had been given both which the King granted In his Return from the North passing it by as he went he besieged Sterling-Castle which was defended against him and staid all Winter at Dumfermling not far from thence Mat. Westminster says the Great Men of Scotland as well Earls as Barons 8 f. 446. n. 40. 50. Magnates Regni Scotiae tam Comites quam Barones being wholly reduced and overcome submitted themselves to the Will of the King of England who admitted them to his Grace and Mercy imposing upon them a pecuniary Mulct appointing them Days and Years and certain Times for the payment of it This Year on the 9 Ibm. f. 447. N. 30. Pope Boniface thâ— 8th dies 12th of Octob. died with Grief and Anguish of Mind Pope Boniface VIII after he had been 1 Walsing F. 87. N. 20. f. 89. n. 10. Benedict the 11th Chosen accused by the King of France of Heresie Simony and Murder imprisoned and plundered of all his Goods and the Bishop of Ostia was chosen Pope by the Name of Benedict XI After Winter the 2 Ibm. f. 89. N. 40. King went in Person to the Siege of Sterling Castle when it was briskly plyed with Engines yet they within made a good Defence but being very hard pressed by the Besiegers the King being there all the time the Castle was Sterling Castle yielded upon Discretion A. D. 1304. 32 Ed. 1. yielded upon Discretion on St. Magaret's Day or 20th of July the Governor whereof William Olifard who had surprized it was sent to the Tower of London and others to divers Castles The King 3 Ibm. N. 50. John Segrave appointed Guardian of Scotland having thus subdued Scotland according to his Mind returned into England appointing John de Segrave Guardian of it and when he came to York 4 Ibm. The Kings-Bench and Exchequer removed to London removed the Courts of Kings-Bench and Exchequer which had been there seven Years to their old Place at London On the Seventh of July this Year died 5 Mat. West f. 448. lin 7. A. D. 1304. 32 Edw. 1. The Cardinals Nine Months in chusing a Pope Pope Benedict and in nine Months the Cardinals could not agree about the Choice of another at length they unanimously chose the 6 Ibm. f. 451. N. 10. Archbishop of Burdeaux Bertram de Angeous upon Whitsunday the Year following by the Name of Clement the Fifth Toward the latter End of the Year of the Lord 1304. and within three Months after the Beginning of the 33d year of the Reign of the King we find it Recorded upon what Terms the Scots made their Submission after their last Insurrection the Title of the Record is The Terms given to and accepted by John Comyn his Aydants and Assistants were these following in this Form These are the Things agreed on * with Monsieur Richard de Ryleys Placita Parliamentar f. 369. from the French Record there Burgh Earl of Vlster Monsieur Aymer de Valence Seigneur de Montignak Monsieur Henry de Percy Knights and John Benstede Clerk on the Part of King Edward and John Comyn of Badenagh for Himself and his Aydants of Scotland as well those that were out of it as within it For the Faithful Keeping and Observing whereof the said Earl Aymer Henry and John de Benstede in The Terms of Peace given to and accepted by the Scots the Name of the King and the said John Comyn Monsieur Edmund Comyn de Kilbride Monsieur John de Graham Monsieur John de Vaux Monsieur Godfry de Roos Monsieur John de Maxwell the Elder Monsieur Peter de Prendregyst Monsieur Walter de Berkeley de Kerdaau Monsieur Hugh de Erth Monsieur William de Erth Monsieur James de Roos and
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
ut supra f. 384. With a Dispensation to use their Offices c. Dispensation to use their Offices as Pope's Clercs and Nuncios as the Clercs and Nuncios of former Popes had done in former times notwithstanding any former Prohibition by him made Provided they did nothing against his Crown or Dignity or any of his Subjects any manner of way Dated the same Day and at the same Place Lastly He gave 3 Ibm. in Utrâ—que loco And Transport their Money by way of Exchange them leave by way of Exchange and by assistance of Merchants to send all the Money Collected which reasonably belonged to the Church of Rome or to the Pope so as they Transported not any Coined Money or Silver in the Mass by themselves or others Dated at the same Place and Time Under pretence 4 Append. N. 42. of these Letters Grants and Dispensations the Pope's Clercs aforesaid pretextu quarum literarum prefati Clerici Domini Papae c. not having respect to the Prohibitions in Parlement By reason of these Indulgences the Pope's Clerks return to their former Practices returned to their former Practices and being opposed in their Proceedings by many of the Kingdom by reason of those Prohibitions they Petitioned the King's Council holden at Westminster in the Feast of Holy Trinity next following and Exhibited their Letters c. And because it was found That by them the King had revoked nothing of the Ordinance made in Parlement Et They Petition the King and Council for allowance of them quia compertum fuit per easdem quod Dominus Rex nihil Revocavit de praedicta Ordinatione in Parliamento facta nor Granted any thing to the same Clercs by the said Letters but that they might have and receive the first Fruits of vacant Benefices as far as he could Grant them Quantum in Rege fuit and hereupon forbad them Their Petition was rejected and they commanded to desist from any such Practices to do or attempt any thing that might turn to the prejudice of his Crown and Royal Dignity or any other of his Subjects And it being found also That every of the Grievances aforesaid were in prejudice of the King and his Subjects By Command of the King being then at Carlisle it was agreed in the same Council That the Clercs should not do them nor have the first Fruits of Benefices of the Patronage of the King because it would turn to the prejudice of him his Crown and others The Clercs understanding this Agreement would not any further prosecute their Petitions or appear to receive their Answer And therefore there was a further Prohibition made That whereas there had not been a full Deliberation And for doing any thing against the K. his Crown and Dignity c. had upon their Petitions they should not attempt any thing any way prejudicial to Him his Crown and Dignity the Noblemen and People of his Realm Witness the King at Carlisle the 27th day of June in his 35th year This Prohibition was served 5 Ryley ut supra f. 385. upon them by the Mayor Aldermen and Sheriffs of London and afterwards if the said Clercs had presumed to have been Relieved against this Prohibition before they could attempt it the King died so as nothing further was done in this Matter In the time of this 6 Append. N. 43. Parlement at Carlisle either the King himself or the Lords took notice of the great Familiarity there was between the Prince and Piers de Gaveston and what Influence he had upon and Power over the Prince but whether upon the King 's own Observation or their pressing him to it I find not nor for what particular Reasons on the 26th of February at Lowercost by the King's Order and Command not on his Death-Bed as Piers de Gaveston Banished England commonly storied he was Banished England and to be ready to quit it at Dover three Weeks after the Turnament or Justs which should be Fifteen days after * Easter-Day was this Year 1307. on the 26 of March so that the day of his Departure was the First of May. Easter next coming and not to return without the King's Leave and Calling him back and for the Performance of this Order Monsieur Piers at the Day and Place aforesaid made Oath upon the Body of God i. e. The Consecrated Host the Old Cross and the King 's other Reliques and the Prince of Wales made Oath in like manner That he would not Receive Retain or Permit the said Piers to be with him contrary to this Order unless he was Recalled by and had leave from his Father to return and for his Subsistence beyond Sea so long as he staid there Monsieur Piers had allowed him an hundred Marks Sterling by the Year After Easter this Year in the Heat of the Controversie and Quarrel between the King Nobility and Pope's Nuncios as before related 7 Mâ—t. Wâ—st f. 458. Robert Brus put to flight the Eâ—of Pembroke and Glocester Robert Brus having increased his Army engaged Aymer de Vâ—lence Earl of Pembroke and put him to flight killing few of his Men Three Days after he also put to flight the Earl of Glocester with the Slaughter of many on both fides and afterwards besieged him in the Castle of Ayr until by the King's Army the Siege was Raised when with his Men he fled into the Woods and Mountains 8 Ibm. Robert Brus flies into the Woods and Mountains yet King Edward sent into England and under great Penalty Commanded all that ought him Service to be ready at Carlisle three Weeks after the Feast of St. John Baptist and there sent his Son into England also to prosecute his Match with the King of France his Daughter by the assistance of the The Prince sent into England Spanish Cardinal Bishop of Sabin 9 Ibm. After the Departure of his Son the King fell ill of a Dysenterie or Bloody-Flux yet by small Journeys he moved toward Scotland from Carlisle and at Burgh upon Sands his Disease increasing he Died the 7th of July A. D. The King Dies 1307. Church-Affairs NOT long before the Death of Henry III. the Monks of Canterbury by his License 1 Antiquit. Brit. f. 189. n. 10 20. God de presul Angl. p. 137. A. D. 1272. had chosen William de Chillenden their Sub-Prior for their Archbishop the Pope persuaded him as a Person not â—it for that Place to wave the Election and make way for Robert Kilwarâ—eby a Friar-Minor who for Eleven years had been the Collector of the Pope's Moneys or Revenues in England to be Archbishop by his Provision without the King's License the Monks Election and his Approbation afterwards contrary to the King's Prerogative the ancient Rights of his Crown the Laws of the Realm and Liberties of the Church But to provent if it might be for the Future the like Practices of the Pope within
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
and of our Kingdom according to Right and Reason We Grant by these our Letters to such as may be chosen by the Prelates Earls and Barons whoever they shall be full Power to Ordain the State of our Houshold and of our Kingdom abovesaid in such manner as their Ordinances be made to the Honour of God to the Honour and Profit of Holy Church and to the Honour of us and our Profit and to the Profit of our People according to Right and Reason and the Oath which we made at our Coronation And we Will that those which are chosen and all under our Dominion and of our Ligeance shall observe and keep the Ordinances to be made in all Points and that they may secure the Observation of them they may Bind themselves and Swear to one another without being questioned by us or our Friends and if peradventure it shall happen that part of those which shall be chosen to make the said Ordinances shall be hindered by Death Sickness or other reasonable Cause which God forbid so as they cannot perfect the said Ordinances then it shall be lawful for such as are present to Proceed by themselves or call such other to their Assistance as shall be most for the Honour of us the Profit of us and our People In Witness of these things we have caused to be made these our Letters Patents Given at Westminster the 16th day of March. The very day following the Prelates Earls and Barons or at least as many of them as might then be in London 1 Append. n. 51. An Instrument made by the Nobility to the King concerning the Commission above made an Instrument to the King wherein after they had repeated this Grant and Commission they grant and promise for them their Successors and Heirs That the Grant which their most Dear Lord their King had made as abovesaid should not at any other time be drawn into Custom or Usage nor turn to the prejudice of the King or his Heirs or of them their Successors or Heirs nor to the damage of any one against Right and Reason nor That the Grant aforesaid may in other manner be intended or claimed properly from his Courtesie and Free Will or Pleasure and that the Power of the said Ordainers as to making the Ordinances should not indure longer than the Time limited In Witness whereof they put their Seals to these their Letters Patents Given at London the 17th Day of March in the Year of Grace 1309. and the Reign of their Lord the King the Third They lost no time after they had their Commission for within three days the Ordainers were chosen and sworn They were these 2 Claud. D 2. f. 295. a. in Biblioth Cotton under-written The Arch-Bishop of Canterbury Bishops of Earls of Barons London Gloucester Hugh de Ver. Salisbury Lancaster William le Marshall Chichester Lincoln Robert Fitz-Roger Norwich Hereford Hugh Courtenay St. David's Pembroke William Martin Landaffe Richmond John de Grey  Warwick   Arondell  The Oath was this 3 Ibm. as 't is translated from the Old French I will make such Ordinance as shall be to the Honour of God the The Ordainers Oath Honour and Profit of Holy Church and to the Honour of our Lord the King and to the Profit of him and of his People according to Right and Reason and according to the Oath which our Lord the King sware at his Coronation And that I will not forbear for any Man Rich or Poor nor for Love or Hatred nor any other thing But will make such Ordinance in Form abovesaid 4 Ibm. And then after the Form of taking of it 't is noted in Latin That Factum fuit Receptum praedictum Juramentum c. The said 5 N. 52. Oath was made and taken in the Form aforesaid according to the King's Will and special Command on Friday the 20th of March in the Year of our Lord 1309. in the Third Year of the Reign of King Edward the Son of King Edward at Westminster in the Great Painted Chamber of the said King The Ordinances themselves are transcribed from the Parlement-Roll and Printed in the Appendix and were to this Effect and according to this Sense and Tenour For that the King was Deceived by Evil Counsel and the Nations of Gascoigne Ireland and Scotland in danger to be lost and the Realm of England to be ruined by Oppressions Prizes Takings and Destructions therefore Robert Arch-Bishop of Canterbury the Bishops Earls and Barons Chosen according to the King's Commission did Ordain to the Honour of God and Holy Church and the Honour of the King and his Realm in manner following 1. That Holy Church have all its Franchises as it had before The Ordinances and ought to have 2. That the King's Peace be kept throughout the Realm so as any Man may safely go come and stay any where according to the Law and Usage of the Realm 3. It is Ordained for the Payment of the King's Debts the Bettering and more Honourable Maintenance of his Estate That nothing of Lands Rents Franchise Escheat Ward Marriage Office or Bailiwick be given to any of the Ordainers during the time of their making Ordinances nor to any other Person without the Advice and Assent of the Ordainers or the greater Part or Six of them at least but that all things may be improved to the Honour and Profit of the King and Advancement of his Estate 4. That the Customs be Received by Persons of the Realm and not by Strangers that the Issues and Profits of them and all other things do come entirely into the Exchequer and be delivered thence by the Treasurer and Chamberlains for to maintain his House or Court and otherwise to his Profit that the King may live of his own without taking any other things than anciently due and accustomed 5. That the Merchants Aliens and their Goods be Arrested while they have given Account of the Customs and other Profits and Issues of the Realm they received since the Death of King Edward the Father of this present King before the Treasurer and Barons of the Exchequer and others to be joined with them by the Ordainers 6. That the Great Charter be kept in all its Points and that the Ordainers and such as they shall call to their Assistance during their Power shall declare all obscure and doubtful Points in it 7. For that the Crown was so abased and dismembred by divers Gifts it was Ordained That all the Gifts Granted to the Damage of the King and Distress of the Crown after the Commission to them made of Castles Towns Lands Tenements Offices or Bailiwicks Wards Marriages Escheats and Releases whatsoever as well in Gascoigne Ireland Wales and Scotland as in England should be Repealed and were declared Repealed without any Regranting to those that had them unless by common Consent in Parlement or if any such Gifts or Releases were afterwards made without Assent
those of his Son except that the loss of his Goods moveable and immoveable in and upon his Mannors and Lands were greater as namely two Crops of Corn one in the Barns or Granges the other upon the Ground 28000 Sheep 1000 Oxen and Heifers 1200 Cows with their Breed for two Years 40 Mares with their Breed for two Years 560 Cart-Horses 2000 Hogs 400 Kids 40 Ton of Wine 600 Bacons 80 Carcasses of Beef 600 Muttons in the Larder and 10 Tons of Cyder Armour for 200 Men and other Warlike Engines and Provisions with the Destruction of his Houses to his Damage 30000 l. And at the same time they entred the Abby of Langley in Wiltshire broke up his Coffers and carried away 1000 l. in Silver also his Charters Evidence and Bonds Cups of Gold and Silver and other Silver Vessels and Jewels to his Damage of 10000 l. And at the same time with Force and Arms entred the King's Castle of Marlborough where he was the Constable and took his Goods there found 36 Sacks of Wooll 6 Pair of rich Vestments a Library a Golden Chalice for the Sacrament one Cross of Gold another of Ivory and Ebony and other Ornaments belonging to the Chapel Cloths of Gold Carpets Coverings and many other things and his whole Wardrobe entirely to his Damage of 5000 l. Excepting these Differences of Losses the Petition is the same with his Sons verbatim and The Petition of the Spensers brought into Parlement the Errours assigned in the Process and Award are the very same his rendring himself Prisoner to the King and his Reception into the King's Protection the same and expressed in the same Words And then it follows by the King Et nous apres a nostre Parlement summons a Everwyk as treis semeins de Pasch en an nostre Regne Quinzisme feisems devant nous le Proces del dit Aegard a la suite les ditz Hugh le Fitz Hugh le Pere en cestes Paroles A 15 Edw. II. The Writ of Summons to this Parlement bears Date March 14 1321. Easter-day was April 11. 1â—22 l Honeur de Dieu Seinte Eglise c. And we afterwards at our Parlement at York three Weeks after Easter in the 15th Year of our Reign caused to come before us the Process of the Award at the Petition of the said Hugh the Son and Hugh the Father in these Words To the Honor of God and Holy Church c. the whole Award being cited in this Record After which Recital it follows a quen Parlement c. At which Parlement at York the said Hugh the Son and Hugh the Father being brought before us in Court prosecuting their Complaints and praying us to do them Right and the said Hugh the Son for himself shewed and alledged the Errors in the Process as abovesaid and also Hugh the Father alledged the same Errors and prayed severally and jointly That as the Award was made erroneously and wrongfully against the Laws and Usages of the Realm and against common Right and Reason that we would annull and defeat the said Award and that they might be remitted and reconciled to our Faith and to such Estate as they had and were in before the Award And hereupon hearing the The Process against them examined in Parlement Reasons of the said Hugh and Hugh we caused the Process to be examined in full Parlement in the presence of the Prelates Earls Barons Knights of Counties and the People that were come by reason of the Parlement en presence des Prelates Countes Barons Chivalers des Countes le People estoit venutz pur Encheson du dit Parlement And we found the said Award was made Reasons why the Award ought to be made void without calling them to Answer and without the Assent of the Prelates which are Peers of the Realm in Parlement and against the Great Charter of the Franchises of England which says no Freeman shall be Banished or other way Destroyed but by lawful Judgment of his Peers or the Law of the Land and for that they were not called in Court to make Answer and for these Errors and for that the Causes in the said Award were not duly proved pur ceo que les Causes contenues en la dit Agard ne furent pas duement approvets And further having regard to that that we caused the Parlement at Westminster to be summoned in due manner and commanded by our Writs the said Great Men who made the Award not to make Assemblies and Alliances or come with armed Men yet they came with all their Force to that Parlement notwithstanding our Command And when they came to London in that manner they held their Councils and Assemblies at London without coming to us at Westminster according to Summons and then we sent to them to come to the Parlement at Westminster as they ought yet they would not come nor let us know their Mind nor the cause of the Award tho' we had begun and held the Parlement for 15 Days and more and caused to come before us the Prelates and some Earls and Barons Knights of Counties and others which came for the Commons of the Realm avioms fait venir devant nous Prelates aucunes Countes Barones Chivalers des Countes autres que vindrent pur la Commune du Royalm and caused it to be published That those that had Petitions to promote should deliver them And after Proclamation thus made no Petition was delivered or Complaint made against the said Hugh and Hugh until they came as aforesaid And the Contrivance of the said Award they wholly concealed and kept from us unto the very Hour they came to Westminster with Force and Arms and made their Award against Reason as a thing treated and agreed on amongst themselves on their own Authority in our absence and encroached upon the Royal Power Jurisdiction and Conusance of Process and Judgment of those things which belong to our Royal Dignity wherefore we could not at that time stop the said Award nor do right to the said Hugh and Hugh as it belonged to us And further taking notice that those Great Men after the Award made prayed our Pardon and Release for Confederating themselves by Oath Writing or in other manner without our Leave in pursuing them and Trouping with Banners of ours and their own Arms displayed and taking and possessing Castles Towns Mannors Lands Tenements Goods and Chattels and also taking and imprisoning People of our Allegiance and others and some they wounded and some they killed and many other things they did in order to destroy the said Hugh and Hugh in England Wales and other where of which some might be called Trespasses and others Felonies also it appeared those Great Men were Enemies to and hated them at the time of the Award and before wherefore they ought not to be their Judges in their own Prosecution of them nor have Record ne
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 kenelworth- 6 Author Decemb col 2765. n. 40. Commissioners sent to the King at kenelworth-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
Charles Earl of Blois and John Earl of Montfort about Succession to and Enjoyment of that Dukedom Their Titles were thus Arthur the second had 1 Ib. and Robert of Aversbury p. 98. b. c. 40. Competitors for the Dukedom Two Sons by his first Wife this Duke John and another who Married and had a Daughter only and died before the Duke his Brother This Daughter was Married to Charles Earl of Blois Nephew to Philip the French King by his Sister The same Arthur by a second Wife had a Third Son who did bear the Title of Earl of Montfort The Question was Whether the Wife of the Earl of Bloys or the Earl of Montfort was nearest in Blood to the late Duke Upon the Dukes Death Montfort went to Nantes the chief City in Bretagne 2 Froâ—ssard Ibidem The Citizens of Nantes and some others own Montfort where he was received by the Citizens and People of the Country thereabout as their Lord and as nearest of Blood to his Brother who did homage and sware fealty to him To this place he summoned in the 3 Ib. 65 66 67. The Nobility and best fort of People appear not upon his Summons Nobility and the best sort of People of the Country and good Towns of Bretagne who appeared not whereupon he raised an Army and took the Town and Castle of Brest the City of Rennes the Town and strong Castle of Hannybout the Town and Castle of Caraches Yet after all this the Earl 4 Ib. c. 68. He offers to hold the Dukedom of the King of England by Homage and Fealty King Edward accepts his offer and promiseth to defend him of Montfort fearing the Earl of Bloys by the power of France might drive him out of the Dukedom came into England and offered to King Edward to hold it of him by Homage and Fealty if he would defend him against the French King and all others who should give him Trouble in this Matter The King accepted his offer and thought he should have great advantage by it as not having a more commodious way of entring France than by Bretagne calling to mind that the Alemans or Germans and Brabanters had done little or nothing for him and only made their own advantage by spending him much Money After Homage done King Edward in the presence of the Lords of Bretagne and England that were present promised he would aid and defend him as his Liege-man against the French King and all others The Homage and Promises were written sealed and delivered interchangeably The French King observing what the Earl of Montfort had The French King summons him to Paris done in Bretagne and hearing he had done Homage to the King of England for that Dutchy at the Request of the Earl of Bloys he was summoned to appear at Paris before the King Twelve Peers and other great Lords of France He appeared according to Summons 5 Ib. c. 69 70. He denies he did Homage to the King of England and when the French King charged him with having done Homage to his Adversary the King of England he denied it He then commanded him by all he held of him that he should not depart from Paris in Fifteen days in which time the Twelve Peers and other Lords should judge of his Right But he suddenly and privately withdrew from Paris and returned into Bretagne Nevertheless the Peers and Lords on the 15th day gave their The Peers of France give the Title of the Dutchy of Bretagne to Mary the Wife of the Earl of Bloys Opinions concerning the Title and Inheritance of the Dutchy That it belonged to Mary the Wife of the Earl of Bloys and further their Opinions were That if ever the Earl of Montfort had any Right he had forfeited it two ways by doing Homage and receiving it from any other Lord than the King of France of whom he ought to have held it and by disobeying the King's The Earl of Bloys enters Bretagne Commands in going from Paris without his Leave No sooner was this Judgment passed for him 6 Ib. c. 71 72. Surprised and took Earl Montfort but the Earl of Bloys with great assistance from the King of France entered Bretagne and surprized and took the Earl of Montfort in the Town of Nantes by the Treachery of the Townsmen from whence he was sent Prisoner to Paris and there died This was done says Foissard 7 Ib. c. 72. A. D. 1341. Who died at Paris being there Prisoner in the year 1341 about the Feast of All-Saints which was in the Fifteenth year of Edward the Third after whose Death his Widow Sister to the Earl of Flanders a Princess of great Prudence and Courage 8 Ib. c. 79. and Du Chesne f. 656. B. His Widow maintains War against the Earl of Bloys maintained the War against the Earl of Bloys and kept possession of those Parts and Places of Bretagne as had not been brought under his power This was in the beginning of Winter when the French Nobility that came with the Earl of Bloys by the King of France his Command retired the fury of the War then ceasing but failed not to return in the Spring to attempt to take from the Countess of Montfort what remained in her possession So soon as she was informed of their return she sent 9 Ib. in both She sends to the King of England for assistance Emery de Clisson a Lord of Bretagne into England to Request Assistance of the King propounding her Son John Heir to the Earl of Montfort as a Husband to one of his Daughters who was afterwards 1 Sâ—â—df Genealog Hist f. 179. Which she received Married to Mary his fourth Daughter and she enjoyed the Title of Dutchess of Bretagne The Proposition was readily agreed to by the King and he sent Sir Walter Manny into Bretagne with as many Men 2 Frâ—iss Du Châ—sne â—t supra A. D. 1342. Upon the Marriage of her Son with the King 's 4th Daughter at Arms as Sir Emery desired and also 3000 Archers but these were not sufficient to defend the Country against the Force of the Earl of Bloys who had taken Rennes Vannes and other Places and would have conquered all Bretagne if not speedily opposed 3 Ib. Frâ—iss c. 86. 90. Du Cheâ—ne f. 657. B. This Account was sent to the King by Messengers from the Countess and Sir Walter Manny whereupon he sent Robert de Artois with more Men Arms and Archers to reinforce Sir Walter 4 Du Chesne Iâ—m C. D. Frâ—â—ss c. 92. This joint Force besieged and retook Vannes but not long after Vannes was recovered by assault made by the Forces and Friends of Charles of Bloys in the defence whereof 5 Ib. c. 9â— Du Châ—sne f. 658. B. C. Robert de Artois was much and dangerously wounded who not long after returned into England in hopes of better Chirurgeons and Medicines and died there The
2 Ibm. This Ordinance was Dated at Boys de Vincens the 23d Day of March 1338. and says Avesbury 3 p. 107. a. c. 53. it was found in Caen when it was taken and delivered to the Arch-Bishop of Canterbury that he might excite the Clergy and Laity ut per hoc excitaret clerum populum to pray more willingly for Peace and the King After these things had been declared and expounded 4 Rot. Parl. ut supra in Parlement they all thanked God for the Success he had given the King against his Adversary and said That whatever had been given him had been well employed and that they would further Aid him according to their Power The Knights Citizens and Burgesses desired time to consider of the Aid until Thursday An Aid granted next following when they granted him Two Fifteenths making grievous Complaints of Oppressions and Poverty in the Grant 5 Ibm. n. 11. The Commons Complaints and Grievances praying the King to think how they had been annually charged with Tallages as Fifteenths Wooll Ninths Men at Arms Hobelors Archers Victuals Guard of the Sea-Coasts and many other Taxes by which they were almost ruined And also in the last Parlement when they granted Two Fifteenths for the ending of the War it was granted and certainly promised to them grantes lour fust certeinment promis en le dit Parlement they should not be charged or grieved with Payments or Tallages Wherefore it seemed to them reasonable they ought now to be discharged and excused And notwithstanding these Grants and Promises there daily issued Commissions to Array in all Parts of England Men at Arms Hobelors and Archers according to the Value of their Lands or to make Composition therefore They likewise complained of Purveyance and Free Quarter and of the Custom and Subsidy of Forty Shillings the Sack upon Wooll 6 Ibm. Which Grievances Hardships and Oppressions les queux Grievances Duretees Oppressions were done and suffered every day without Assent or Grant in Parlement sanz Assent ou Grant en Parlement expresly against * See Rot. Parl. 14 Ed. III. Part 1. n. 8 9. Pulton's Stat. 14 Ed. III. c. 1. Record Yet notwithstanding these Oppressions and Grievances the Commons to the utmost of their Abilities granted Two Fifteenths for the final Accomplishment of the War by Gods Help and Destruction of his Enemies to be levied in two Years of Cities Burghs and ancient Demeasns as also of the Commons of the Counties so as 7 Ibm. their Petitions upon these Grievances and others might be recited on the morrow in Parlement and have speedy and good Remedy ordered sur ce hastive bon remedie ordeigner for the Common Profit of the Land according as the King 's Four Commissioners or Messengers had granted on his behalf to the Commons The first Petition of the Commons was 8 The Commons Petitions n. 10. That the Ordinances Promises and Grants made in Parlement for the future might be observed for the Ease of the Commons against the great Charges and Hardships they had felt and suffered Also That Commissions might not be issued out of Chancery to charge the People with the Array of Men at Arms Hobelors Archers or Victuals without Assent or Grant in Parlement and if any such were the People should neither be charged with nor bound to obey them The Answer was as to the first Point 9 Ibm. Râ— The King's Answer to the Commons Petitions That it should be as they desired As to the second it was notorious that the Great Men and Commons les Grantz Comunes in many Parlements had promised the King to assist him to their utmost in Body and Goods en corps avoir e quant qils poant in his Quarrel with France and for the Defence and Safety of England Wherefore the Great Men 1 Ibm pur quoi les ditz Grantz veantz la necessite nostre Seigneur le Roi seeing his Necessity to be supplied with such Men before his Passage to recover his Rights beyond Sea and for the Defence of England had ordered That those who had an Hundred Shillings a year Rent on this side Trent should find Men at Arms Hobelors and Archers according to the quantity of their Estate and Tenure to go with the King at his Wages or if they would not go in Person to find others or if not that to pay the King what he could procure Men for And so things were and had been done and no otherwise And the King would not that what was done in this Necessity should be made an Example for the future as appeared by his Letters Patents Another Petition of the Commons 2 Commons Petitions n. 18. was That the Forty Shillings a Sack upon Wooll might not be collected but only the old Custom paid To this the Answer 3 Ibm. The King's Answer was That the Prelates and others seeing the King's Necessity before his Passage beyond Sea to recover his Rights and defend his own Nation agreed by Consent of the Merchants he should have the Subsidy of Forty Shillings on every Sack of Wooll that passed beyond Sea for two Years and that several Merchants had advanced Money upon that Grant to the King for the carrying on the War And therefore it could not be annulled without the Assent of the King and his said Great Men de ses ditz Grantz While King Edward was doing these great things in France and was before Calais there came an account from the Earl of Derby in Gascony That the Duke 4 Aves p. 110. c. 56. The Earl of Derby's Success in Gascony of Normandy and the French had in great haste raised the Siege of Aguillon on Sunday before St. Bartholomew and went off in such haste as they left their Tents and most of their Baggage behind them That he had taken many Towns and Castles of Force and Value in that Country and put it into good Order and then marched into Poictou took Poictiers and settled that Country and thence came back to Burdeaux from whence he came to England and was at London on the Feast of St. Hillary or 13th of January The Success against the Scots was likewise considerable this Year 5 Ib. p. 111. a c. 57. The Scots invade England with a great Army David their King being excited by Philip of Valois invaded England with a great Army and marched as far as Durham near which place the Arch-Bishop of York Henry Piercy Ralph Nevill and other Great Men of the Northern Parts with such an Army as they had then raised met him and gave the The Battel of Nevill's Cross Scots Battel on St. Luke's Eve or 17th of October at Nevill's Cross near Durham where they obtained a very memorable Victory killing the Earls of Morave and Strathern and the Flower of the David King of Scots taken Prisoner Scots Militia and Men at Arms taking King David
and put Cheats upon him that by Delay and his great Expences he might be weary of the War The King staid and expected the French on Tuesday but none came 8 Froys lib. 1. c. 155. Du Chesne f. 674. D. Mezer. f. 373. 8 The French Writers make a contrary Story of this They say That after King Edward had ravaged and burn Bolognois and Artois as far as the Town of Hisden which nor the Castle he could not take he returned to Calais That the King of France having Rendezvoused his Army at Amiens marched to Hisden and pursued him to St. Omers and from thence sent to him Arnold de Andreghen Marshal of France and other Knights to let him know he would Fight with him Body to Body or Power to Power when and in what place he pleased which he refused returning into England and King John to Paris Before this Action of his Father 's near Calais on the Nativity of the Virgin Mary or 8th of September 9 Aves p. 125. b. cap. 93. The Prince goes into Gascoigne the Prince with the Earls of Warwick Suffolk Salisbury and Oxford with 300 Ships and a good Force in them set Sail from Plimouth into Gascoigne and in a short time after his arrival 1 Ibm. Marched to Narbon burns and destroys the Country marched from Burdeaux to Narbon seated as it was then called on the Greek Sea now the Mediterranean laid waste burnt and destroyed all the Cities Walled Fortified and other Good Towns in his March backwards and forwards except the City 2 Ib. 129. b. Tholose in which were the Constable of France the Marshal de Clermond and Earl of Armanak with a great Force to defend it The time of these Burnings Plunderings and Destroyings was two Months before the Return to Burdeaux a Journal whereof is to be seen in a Letter from the Prince to the Bishop of Winchester then Lord Treasurer Dated on A. D. 1355. 29 Edw. Iâ—I â— Christmas-Day and another more exact from Sir John Wingfield one of the Chief Actors in this Cavalcade Dated on Wednesday before Christmas-Day in Avesbury p. 127. a. b. p. 128. a. b. p. 129. a. b. p. 130. a. b. Cap. 98 99 100. now not much to the purpose to be either transcribed or translated The King having received News that the Scots had surprized Berwick surprized by the Scots the Town of Berwick as was noted by Sir William Shareshull in his Discourse to the Parlement so soon as it was ended in the latter end of November marched with a great Army toward Scotland and kept his Christmas at Newcastle upon Tine 3 Ibm. p. 131. b. cap. 103. The English all this while defended Berwick-Castle against the Scots and on the 13th of January the King being in it with Sir Walter Manny Retaken by the King the Town was surrounded with the English Army and the Port and Castle both secured by the English Navy the Scots threw themselves upon the King's Mercy and yielded up the Town For the very severe Usages and Hardships drawn up in hard The King of Scotland ill used by his People Words in the very Grants Edward Baliol King of Scotland received from the Scots and not being able to endure them or contend for the Honour and Dignity due to him from his People in his old Age and feeble Condition on the 20th and 25th Day of January at Rokesburgh Gave Granted and Confirmed for him He grants the Crown of Scotland c. to K. Edw. and Heirs to Edward King of England the Kingdom Government Title and Crown of Scotland together with the Isles and all manner of Royalties Dignities Honours Prerogatives Privileges Rights Dominions Homages Services Fees Advowsons Cities Castles Towns Lands Possessions and all and singular things which belonged to the Crown of Scotland or might any way belong to it and all his Isles Castles Cities Towns Demeasns Lands Possessions Dignities and Rights with their Apertinences in England or Galway or otherwhere within the Kingdom of Scotland to have and to hold to him his Heirs and Assigns And puts him in possession of the Kingdom and put him in possession of all these things as well by delivery of his Golden Crown as delivery of corporal Possession of the Soil of the Kingdom c. In consideration whereof King Edward was to allow him 2000 l. Sterling by the year for his Life to be paid Quarterly There were several long 4 Rot. Scot. 29 Ed. III. M. 12. Instruments made about this Grant as also an Exemplification of the main Indenture of the Agreement between the Two Kings Dated at Banburgh the 20th of February 5 Ibm. 30. Ed. III. M. 6. the Year following Also there is King Edward's Release of the Homage done to him by Edward Baliol 6 Ibm. 8. Dated the 12th of March next after at Westminster and a Proclamation That notwithstanding this Grant the People of Scotland should enjoy and be Governed by their Old Laws and Customs as before without any Change or Alteration 7 Ibm. Dated at the same Place on the 15th of the same Month. In the next Year Prince Edward 8 Wals f. 171. n. 40. marched out of Burdeaux with his Army toward the River Loire and designed such another Ravage and Destruction in the Countries on both sides of it as he had made the Year before between Burdeaux and Narbon which he had begun 9 Ibm. and Du Châ—sne f. 675. D. from Froys f. 78. a. cap. 157. Upon the News whereof the King of France went directly from Paris to Chartres where he drew Forces from Avergn Berry Burgogn Lorain Haynault Vermandois Picardy Normany and Bretagne to oppose him in the mean time guarding the Passes and breaking down the Bridges upon the Loire while the Prince took Remorentin and several other Places and Castles and had many Skirmishes with French Parties beat them and took several Prisoners on the South-side of the River before the memorable Battel of Poicters the best Description whereof is in 1 Fol. 371. A. D. 1356. Mezeray's Abridgment of Froisard's tedious Relation of it as follows While the King was at Chartres where he was drawing all his The Battel of Poictiers Forces together he was informed that the Prince of Wales with 12000 Men of which there were but 3000 Natural English had pillaged Quercy Avergne Lemosin Berry and was marching to do the same in Anjou Tourain and Poitou he thought fit to cut off his March upon his Retreat and led his Army along the Loire The Prince being advertised left the Road to Tours and retired by Poitou but he could not do it so speedily but that the King's Army overtook him within two Leagues of Poitiers The Prince finding him so near entrenched himself amongst the Vines and strong thick Hedges nigh the Place called Maupertuis Cardinal de Perigord the Pope's Legate went often from one The Pope's
Legate endeavours to prevent the Battel Army to the other to prevent them from coming to Blows 2 Froys 8. b. cap. 161. The King of France his Confidence destroyed him Edward offered to pay for all the Damages he had done in his March from Burdeaux to deliver up all his Prisoners and not to bear Arms himself nor any of his Subjects for seven years time against France But K. John believing the Victory secure and certain rejected all his Submissions and blinded with Passion and Anger instead of hemming him in and starving him which could not have failed in three Days time went on headlong with the Courage and Fury of a Lion rather than of a Captain to attack him within his Fastness the * A. D. 1356. 30 Ed. III. 19th of September Nay by the worst Advice in the World he caused all his Horsemen to alight excepting Three hundred select Men who were to begin the Onset and the German Cavalry who had Orders to second them The thickness of the Hedges hindred these Three hundred Horse from breaking in upon them the English-men's bearded Arrows made the Horses mad and turned them upon the Germans who fell into the Avant-Guard and they were totally routed by a Gross of the Enemies who came forth and charged them during their Disorder Of the Four Sons the King had in this Battel Three of them were a little too soon carried out of the Fray by their Governours together with 800 Lances and this gave a fair Pretence of Excuse to all such Cowards as were glad to follow them There was only Philip the Youngest of the Four who obstinately resolved to run the Fortune of his Father and fought by his side The King 's single Valour sustained the Enemy's Charge a considerable time and if one fourth part of his Men had but Seconded him no doubt but he had gained the Victory At length The King of France yields himself His Son Philip and several of the French Nobility made Prisoners he yielded himself up into the hands of John de Morebeque an Artesian Gentleman whom he had banished the Kingdom for some Crime Philip his Son was taken Prisoner with him There were but 6000 French killed in this Fatal Day but of that Number were 800 Gentlemen and amongst those the Duke of Bourbon the Duke d' Athenes Constable the Mareschal de Nesle and above 50 more of good Quality The Young Prince as Courteous as he was Valiant Treated The Prince very kind and civil to the King of France the King as his Lord the same Night he served him at his Table and endeavoured to allay his Grief and Misfortunes by the most obliging and becoming Language he could express The next day fearing this Noble Prey might be snatched from him and withal observing his Soldiers were so laden with Plunder He carries him to Burdeaux with a great number of Prisoners that they were uncapable of further Service he took his March towards Burdeaux and carried away the King and his Son along with him together with a prodigious Number of Prisoners According to 3 F. 79. b. cap. 160. The French in this Battel 4 times more than the English Froysard the Men at Arms only besides others of the French were four times the Number of the whole English Army they being Forty eight thousand divided into three Battels Sixteen thousand in a Battel the English Army not being esteemed above Eight thousand by the Account of Sir Eustace of Ribemont and Two other Lords gave to the King of France having been sent by him to discover their Number In this Battel the Earls of Warwick Suffolk Salisbury Stafford The English Noblemen thatshew most Courage in this Battel Sir James Audeley Sir John Chandos Sir Reginald de Cobham c. behaved themselves very bravely but beyond others the Earl of Warwick Sir James Audeley and Sir John Chandos And as 't is said by Froysard 4 F. 83. a. cap. 164. the Prince of Wales who was Courageous and Cruel as a Lion took that Day great Pleasure to Fight and to chase his Enemies His Courage and Conduct with the Assistance of those about him was in this Battel most certainly very extraordinary and wonderful On the 5th of May next Year the Prince of Wales arrived at A. D. 1357. 31 Ed. III. The King of France brought Prisoner to London Plimouth with his Noble Prisoners the 5 Wals f. 172. n. 40. Knighton col 2615. n. 10 20 c. King of France and his Son where and in his Passage from thence to London he was treated with much Honour and Respect and on the 24th of the same Month had a Publick Entrance made him into that City and was Lodged in the Palace of the Savoy the King Queen and Great Men often making him Visits 6 Holinsâ—ed f. 390. Here he staid until toward the next Spring when he was removed to windsor-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
Silver to be paid in Nine Years by equal Payments the first whereof to begin at the Purification of the Virgin next coming after the Date of the Treaty or within Fifteen days after and to be made at Berwic if in the hands of the English otherwise at norham-Norham-Castle in Northumberland not far from thence 2. That there should be a Truce upon sufficient Security by Instruments and Oaths between King Edward and all his People of England Scotland and the Isle of Man and David de Bruys and all the other People of Scotland and their Adherents by Land and by Sea in all Places without Fraud or Deceit until the said Sum was fully paid and that Edward de Baliol and other his Allies and Adherents should be comprised within the Truce 3. That all People of one Part and the other during the Truce A Truce for 9 years between England and Scotland with the Articles might Negociate and have intercourse one with another by Land and by Sea except Castles and Fortified Towns and Places And that if during the Truce any Country Town Land Burgh Possession Castle or Person of what Estate or Condition soever he was at the Day of making this Agreement should be taken or received into the Faith or Peace of one Party from the other soit pris ou receu de une Foi ou Pees a lautre that full Restitution should be made without Delay Contradiction or Fraud the same Hour they were demanded 4. That for the Payment of the Money according to the Agreement David was to send Twenty Hostages into England who were Twenty of the Eldest Sons and Heirs of the Earls and Best Men of Scotland named in this Article to remain there until the Money was paid c. 5. That the said David and the other Great Men of the Kingdom of Scotland as well Bishops and Prelates as other Lords of the Land should be bound by Letters and Oaths in the best manner and form could be devised for the Payment of the Money and Observation of the Truce And that the Merchants and Comunes of Aberdeen Dundee Perth and Edinburgh should be bound accordingly for themselves and all other Merchants of that Kingdom for the Performance of the Payment and Truce 6. That if the said David or others that should be bound for the Payment of the Money should fail of Payment of any of the Terms then the Body of David was to be re-entred into the Castle of Norham within three Weeks after every Failure there to remain until the Sum was paid 7. That if there should be any Rebels in Scotland against David item in cas que auscuns Rebelx Descoce soient contre le dit David they should not be received maintained ir supported by any in the Faith of King Edward Or if any in the Faith of King Edward should rise or rebell against him or his Officers he should not be received maintained or supported by the said David or any in his Faith or Legiance 8. By the Advice and Assent of the Prelates Great Men and Sages of the Kingdom King Edward accepted the Treaty and promised and granted in Good Faith That if David the Prelates Great Men and others of Scotland of his Party would observe and perform as much as belonged to them the Things treated and agreed upon That he would also keep and perform and cause to be observed the same without Fraud or Deceit according to the Purport of the Treaty In Witness and Confirmation whereof King Edward made his Letters Patents Dated at Westminster on the 5th of October This Treaty and all others before proved ineffectual 2 Hect. Boeth f. 326 b. n. 50. A new Treaty because the Scots would not consent to the Terms and Conditions of the Release Yet the Endeavours and Mediation before mentioned were continued and on the Third of October this Year Commissioners on both sides met at Berwic for King Edward 3 Rot. Scot. 31 Ed III. M M. 2. Dors A. D. 1357. The Commissioners on both sides John Arch-Bishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Ralph Neville Henry le Scrope and Thomas Musgrave For Robert Steward Guardian of Scotland and the Prelates Lords and Commons of that Kingdom William Bishop of St. Andrews Thomas Bishop of Catness Patrick Bishop of Brechin Chancellor of Scotland Patrick Earl of March Robert de Irskin and William de Levington Knights When it was Agreed 1. That King David should be Released set Free and Ransomed for The Articles of a 10 years Truce K. David to be released an Hundred thousand Mercs Sterling Money to be paid yearly by Ten thousand Mercs the first Payment to begin at Midsummer then next following 2. That there should be a Truce kept and observed in England Scotland and the Isle of Man until the Money was paid And That Edward de Baliol and all King Edward's Allies should be included in this Truce 3. That for Payment of his Ransom Twenty Hostages should be delivered by King David there named in the Conditions of their Delivery 4. That King David the Prelates and Peers of Scotland should This and the former Truce to be observ'd be bound by Writing and Oath for Payment of the Money and Observation of the Truces 5. That if the Money was not paid as agreed they should be obliged to return the Body of King David who was to remain Prisoner while it was paid according to every Term of Payment These and some other Articles were the Conditions upon which he was released after more than Eleven Years Imprisonment King David was no sooner returned into Scotland after his Deliverance but he began to chastise 4 Hect. Boeth ut supra n. 60 70 80. K. David punished such as deserted him at the Battel of Durham such as deserted him and left the Field at the Battel of Durham And first he deprived Robert Stewart of the Right of Succession and declared Alexander Sutherland who was his own Sister's Son his Successor Robert Stewart being Son to the Daughter of the First Wife of Robert Brus and caused all the Nobility of Scotland to Swear Fealty to him But Alexander dying soon after he established Robert Stewart in the Succession according to his Right and caused the Nobility again to Swear Fealty to him He took away part of the Earl of the Marches Estate another Great Officer in the Army and punished others according to their Deserts It is not much to the Purpose of this History what the Troubles The Troubles and Confusions in France during King John's absence and Confusions were in France and the Miseries of that Nation during King John's Captivity or rather his Absence only from the French People they may be seen in the French Historians by such as desire to know them The bold Behaviour of the Provost of the Merchants and Parisians against the Dauphin the Insolence of the Rustics against the
Seigneuries and Soverainties and these Words or Sentence without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France also the last Words in what manner soever 8. Also it is agreed That the King of England shall have the Cities Counties Castles Lands Countries Isles and Places before named with all their Appurtenances and Dependences where-ever they are to hold to him his Heirs and Successors heritably and perpetually in Demain as the Kings of France held them and in the same manner saving what hath been said above in the Article of Calais and Merk and also the Cities Castles Counties Lands Countreys Isles and Places before named Rights Mere and Mixt Empire Jurisdiction and Profits whatever which any Kings of England held there with their Appurtenances and Dependences any Alienations Donations Obligations or Incumbrances had or done by any of the Kings of France in Seventy years from that time by whatsoever Cause or Form it was all such Alienations Donations Obligations or Incumbrances are now and shall be wholly annulled repealed and made void And all things so given alienated or incumbred shall be really rendred and delivered to the King of England intirely and in the same Condition they were Seventy years since or to his special Deputies as soon as they may without fraud and at furthest before Michaelmass next come twelve-months to hold them heritably and perpetually and to his Heirs and Successors except what is said in the Article of Ponthieu which is to remain in its force and saving all things given and alienated to Churches which shall peaceably remain to them in all Countries before and after named so as the Parsons of the Churches pray diligently for the Kings as for their Founders wherewith their Consciences shall be charged 9. Also it is agreed the King of England shall have and hold all the Cities Counties Castles and Countreys above-named which anciently the Kings of England had not in the same Estate as the King of France and his Sons hold them at present 10. Also it is agreed That if within the Limits of the Countreys the Kings of England anciently possessed they should now have any thing that was not then theirs of which the King of France was in possession on the 19th of September 1356 they shall be and remain to the King of England and his Heirs as above-said 11. Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they could without deceit and at furthest before Michaelmass 1361 should render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right Mere and Mixt Empire all manner of Jurisdictions high and low Resorts Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King or Crown of France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appurtenances and Appendances whatsoever or in Persons Vassals Subjects or whosoever of them be they Princes Dukes Earls Vicounts Arch-Bishops Bishops and other Prelates of the Church Barons Noblemen and others whosoever without reserving or retaining any thing to them their Heirs and Successors or to the Crown of France or others whatever it be whereby they their Heirs and Successors or any Kings of France or other Person under pretence of the King and Crown of France may challenge and demand any thing in time to come from the King of England his Heirs and Successors or upon any of the Vassals and Subjects aforesaid by reason of those Countreys and Places Also all the before named Persons their Heirs and Successors shall for ever be the Liegemen and Subjects of the King of England his Heirs and Successors and that he and they shall hold all the Persons Cities Counties Lands Countreys Isles Castles and Places afore named and all their Appurtenances and Appendances and they shall be and remain to them fully perpetually freely in their Seigneury Soverainty Obedience Ligeance and Subjection as the Kings of France had and held them in any time past and that the said King of England his Heirs and Successors shall have and hold perpetually all the Countreys before named with their Appertenences and Appendences and other things before named with all perpetual Franchises and Liberties as Soveraign and Liege Lord as Neighbour to the King and Realm of France without acknowledging any Soveraign or performance of any Obedience Homage Resort Subjection and without doing in any time to come any Service or making Recognisance to the King or Crown of France for the Cities Counties Castles Lands Countreys Isles Places and Persons before named or for any of them This Article was Corrected and at least Two Parts of Three left out of the Corrected Letter as then called or Copy the whole Article there being no more then what follows Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they can without fraud and at furthest before Michaelmass 1361 shall render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right mere and mixt Empire all manner of Jurisdictions high and low Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King and Crown of France ou a aucun autre person a cause du Roy de la Coronne de France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appertenences and Appendences whatsoever or in Persons Vassals Subjects or whosoever of them 12. Also it is agreed That the King of France and his Eldest Son shall renounce expressly all Resorts and Soveraignties and all the Right they have or can have in all those things which by this Treaty ought to belong to the King of England And in like manner he and his Eldest Son shall renounce expressly all those things which by this Treaty ought not to belong or be delivered to him and all demands he makes of the King of France and especially to the Name and to the Right of the Crown of the Kingdom of France and to the Homages Soveraignty and Demain of the Dutchy of Normandy the Dutchy of Tourain the Counties of Anjou and Main the Soveraignty and Homage of the Dukedom of Bretagne and the Homages and Soveraignties of the Country and County of Flanders and all other Demands he can or shall make of the King of France for
what Cause soever except what by this Treaty ought to remain and be delivered to the King of England and his Heirs and one King shall part with Release and Transfer to the other perpetually all the Right which either of them hath or can have in all the things which by this Treaty ought to remain and be delivered to each of them and of the time and place where and when the said Renunciations shall be made the Two Kings shall agree and appoint when they meet at Calais This Article was intirely left out of the Treaty corrected at Calais when the Two Kings met there 13. Also it is agreed That to the end this Treaty may speedily be accomplished that the King of England shall bring the King of France to Calais within three weeks after Midsummer there being no just hindrance at his own Expence 14. Also it is agreed That the King of France shall pay to the King of England Three Millions of Crowns of Gold whereof Two shall be of the value of a Noble of English Money whereof 600000 Crowns shall be paid to him or his Deputies within four Months after the King of France shall arrive at Calais and within a year following 400000 Crowns to be paid at London and so every year 400000 Crowns to be paid there until the whole was discharged 15. It is also agreed That for the Payment of the 600000 Crowns at Calais and for the delivery of the Hostages hereafter named within four months after the King of France shall be come to Calais the Town Castle and Fortresses of Rochell the Castles Fortresses and Towns of the County of Guines shall be rendered to the King of England with all their Appertenences and Appendences and the Person of the King of France shall be delivered out of Prison but he is not to Arm himself or People against the King of England but is to accomplish what was to be done by this Treaty And the Hostages were the great Prisoners taken at the Battel of Poictiers and these following That is to say Monsieur Lewis Earl of Anjou Monsieur John Earl of Poicters the King's Sons the Duke of Orleans the King's Brother the Duke of Bourbon the Earl of Blois or his Brother the Earl of St. Paul the Earl of Alanâ—on or Monsieur Peter of Alançon his Brother the Earl of Harcourt the Earl of Portien the Earl of Valentiniois the Earl of Briene the Earl of Vaudemont the Earl of Forest the Viscount Beaumont the Lord of Coucy the Lord of Fienne the Lord of Preaux the Lord of St. Venant the Lord of Garencieres the Dauphin of Avergne the Lord of Hangest the Lord of Montmorency Monsieur William de Craon Monsieur Lewis of Harcourt Monsieur John de Ligny The Names of the Prisoners taken at Poictiers were these Monsieur Philip of France the Earl of Eu the Earl of Longueville the Earl of Ponthieu the Earl of Joigny the Earl of Sancene the Earl of Dammartin the Earl of Ventadour the Earl of Salbruche the Earl of Auxerre the Earl of Vendosme the Lord of Craon the Lord of Darnalt or Rual the Marshal of Danchan or d'Andeneham the Lord of Aubigny 16. Also it is agreed That the Prisoners aforesaid which come to remain in Hostage for the King of France shall therefore be delivered out of Prison without paying any Ransom according to Agreement made before the 3d of May last past and if any of them be out of England and not in Hostage at Calais within the first month after the said three weeks after Midsummer without just hindrance he shall not be quit of his Imprisonment but be forced by the King of France to return into England and there remain Prisoner or pay the Penalty by him promised and incurred for not returning 17. Also it is agreed That in stead of those Hostages which shall not come to Calais or shall dye or shall remove out of the Power of the King of England the King of France shall deliver others of the same Quality as soon as may be within four months after the Bayly of Amiens and the Major of St. Omer upon the King of England's Certificate shall have notice threof and the King of France upon his departure from Calais may have in his Company Ten of the Hostages such as the Two Kings shall agree upon so as Thirty may remain 18. Also it is agreed That the King of France within three months after he shall be gone from Calais shall send thither to remain in Hostage Four Persons de la ville de Paris of the Town of Paris and Two of every Town following of St. Omer Arras Amiens Beauvais Lisle Doway Tournay Remes Chaalons Troyes Chartres Tholouse Lyon Orleance Compiegne Roven Caen Tours Bourges The most sufficient of these Towns for the Accomplishment of this Treaty 19. Also it is agreed That the King of France shall be brought from England to Calais and remain there for four months but shall pay nothing the first month for his Guard and Keeping but for every one of the other months he shall remain there he shall pay 6000 Royals as they shall be then current in France before his departure from Calais and so afterwards for the time he stays there 20. Also it is agreed That as soon as may be within a year after the King of France is departed from Calais Monsieur John Earl of Montfort shall have the Earldom of Montfort with all its Appertenences doing Homage Liege to the King of France and his Devoir and Service in every Case as a good and Loyal Vassal Liege ought to do to his Liege Lord by reason of his Earldom and also his other Heritages shall be rendred to him that belong not to the Dutchy of Bretagne doing Homage and other Dues belonging to them And if he will demand any thing in any of the Heritages belonging to that Dutchy out of the Country of Bretagne he shall receive good and speedy Reason from the Court of France 21. Also upon the Question of the Demain of Bretagne which is between Monsieur John de Montfort and Monsieur Charles de Blois it is agreed That the Two Kings calling before them or their Deputies the Parties Principals they shall inform themselves of their Right and shall indeavour to make them agree about all that is in Debate between them as soon as they can And in case neither the Kings or their Deputies can make an Agreement within a year after the King of France shall arrive at Calais Friends on both sides may make the best Agreement between them they can and as soon as they can and if they cannot compromise the Matter within half a year they shall make Report thereof and what they find concerning the Rights of each Party and why the Debate remains between them to the Two Kings or their Deputies and then they as soon as may be shall make an Accord giving their final Sentence upon the Right of each
Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
King and the other notwithstanding any Confederacies they have made on this side or beyond the Sea with any Persons be they of Scotland or Flanders or any other Country 32. Also it is agreed That the King of France and his Eldest Son the Regent for them and for their Heirs Kings of France as soon as it may be done shall declare themselves and depart from all the Confederacies they have with the Scots and promise That they nor their Heirs nor the Kings of France for the time being shall give or do to the King or Realm of Scotland nor the Subjects thereof present and to come any Aid Comfort or Favour against the King of England his Heirs and Successors nor against the Kingdom nor against the Subjects in any manner and that they make not other Alliances with the Scots in time to come against the Kings and Kingdom of England And in like manner as soon as it may be done the King of England and his Eldest Son shall declare themselves and depart from all Alliances they have with the Flemmings and so on in the same Words and Things concerning them as the King of France engaged to do in respect of the Scots 33. Also it is agreed That the Collations and Provisions made of Benefices vacant in time of the War by one Party and the other shall hold and be good and that the Costs Issues and Revenues received and levied of any Benefices or other things Temporal whatever in the Kingdoms of France and England by one Party or the other during the Wars shall be quitted by one Party and the other 34. Also That the Kings above-said shall be bound to cause to be confirmed all the Things above-said by our Holy Father the Pope and they shall be made sure and strengthened by Oaths Sentences and Censures of the Court of Rome and all other Places in the most strong manner that can be and there shall be obtained Dispensations Absolutions and Letters from the Court of Rome for perfecting this Treaty and they shall be delivered to the Parties at furthest within three Weeks after the King shall be arrived at Calais 35. Also That all the Subjects of the said Kings which come to Study in the Universities and Places of Study in the Kingdoms of France and England shall enjoy the Privileges and Liberties of those Places and Universities as well as they might have done before the War or as they do at this present 36. Also it is agreed That to the end the Things debated and treated of as above may be more established firm and valuable there shall be made and given the Securities which follow That is to say Letters or Instruments sealed with the Seals of both Kings and their Eldest Sons the best that can be made or directed by their Counsel And the said Kings and their Eldest Sons and other Sons shall swear and also those of their Lineage and other great Men of their Kingdoms to the number of Twenty on each side That they will observe and keep and help in the keeping of the Things treated and agreed inasmuch as shall concern them and without Fraud or Deceit shall accomplish them without ever doing any thing to the contrary and without any hindrance of the same And if there shall be any of the Kingdom of England or France which shall be Rebels and will not agree to the Things above-said the said Kings shall use the Power of their Bodies Goods and Friends to bring such Rebels to Obedience according to the Form and Tenour of the Treaty And further the said Kings their Heirs and Kingdoms shall submit themselves to the Coertion of our Holy Father the Pope that he may constrain by Sentences Censures of the Church and all due ways him that shall be Rebel according to Reason And according to these Establishments and Securities above-said both Kings and their Heirs shall by Faith and Oath Renounce all Wars and Contention And if by Disobedience Rebellion or Power of any Subjects of France or any just Cause the King of France or his Heirs cannot accomplish all the Things above-said the King of England his Heirs or any for them shall not make War against the King of France his Heirs or Kingdom but both together shall endeavour to bring the Rebels into true Obedience and accomplish the Things above-said And if any of the Realm or Obedience of the King of England will not render the Castles Towns and Fortresses which they hold in the Realm of France and obey the Treaty above-said or for just cause cannot do that which by this Treaty they ought to do The King of France nor his Heirs nor any for them shall make War upon the King of England or his Kingdom but both together shall employ their Power to recover the Castles Towns and Fortresses and that all Obedience and Compliance may be given to the Treaty And there shall be made and given on both sides according to the nature of the Fact all manner of Security that shall be known or can be devised as well by the Pope the College of the Court of Rome as otherwise holding and keeping the Peace perpetually and all the Things as above agreed 37. Also it is agreed That by this present Treaty all others if any have been made before shall be null and void and never be any Advantage to either Party nor cause any Reproach of one to the other for not observing them 38. Also the present Treaty shall be Approved Sworn to and Confirmed by the Two Kings when theyshall meet at Calais and after the King of France shall be gone from thence and be in his own Power within a Month next following he shall make Letters Patents of Confirmation and send and deliver them at Calais to the King of England and receive such and the like from the King of England 39. Also it is agreed That neither King shall procure or cause to be procured by himself or others any Injury or Molestation by the Church of Rome or any of Holy Church whoever they be to or concerning this Treaty towards either of the Kings their Coadjutors Adherents and Allies whoever they be or their Lands or Subjects on occasion of the War or other thing or for Service the Coadjutors Adherents or Allies of either side have performed or if our Holy Father will do it of himself both Kings shall hinder it as well as they can without Deceit 40. Also the Hostages that are to be delivered to the King of England at Calais the manner and time thereof the Two Kings shall there direct Note That in the Corrected Instrument or Letters of this Treaty the Words Resort and Sovereignty are always and in all Articles omitted in respect to the King of England's enjoying them in the Places which were to be delivered to him where in the uncorrected Articles and Instrument they are given to him And then it follows at the latter end or bottom of the Articles
Comunes en pleyn Parlement Which Name of King of France he did retake and had his Great Seal and other Seals altered and that Title 8 Ibm. engraved upon them On the same 9 Day and Thursday the Estate of the King 8 Ibm. 9 10. was laid before the Great Men and Commons feust monstre as Grants Comunes lestat le Roy and because the War was open par cause de la Guerre queste overte he should be at great Charges as well by Sea and Land which he could not maintain without their Aid he requested them they would treat and advise how he might be best assisted to his greatest Profit and the least Charge and Damage to the People The Prelates Dukes Earls and Barons by themselves and then the Commons of one accord Granted les Prelates Ducs Barons par eux puys les Comunes A Subsidy of Wooll c. granted to maintain the War dun acord Granteront c. to the King a Subsidy of Woolls of every Sack 43 s. 4 d. and of the Woollfels every Twelvescore as much and of every Last of Leather 4 l. which passed beyond Sea for three Years besides the ancient Custom to begin at Michaelmas next coming of Denizons Of Strangers for every Sack of Wooll 4 Marcs of every Twelvescore Woollfels 4 Marcs and of every Last of Leather 8 Marcs He not only provided for Money this Parlement but 1 Ib. n. 25. K. Edward's Offer To all Persons whatever that would maintain his Quarrel against France declared That for the Compensation of such Lords or others of whatsoever Estate Degree Condition or Nation they were who would maintain his Party and Quarrel against his Enemies of France should hold Heritably what they should Recover and Conquer be they Dutchies Earldoms Vicounties Cities Towns Castles Fortresses or Lordships situate in France by what Name or Title they were called of him as of the King of France by the Services and Dues accustomed except and reserved expresly to him and his Heirs all his Demeasn Royalties Services Homages Dues Resorts and Soveraignties belonging to the Crown of France except also Church-Lands and the Lands of all such as without Force or Difficulty would obey adhere to and stay in Obedience to him on their own Good-will and him Aid Counsel and Comfort in his Quarrel c. This Year 2 Wals f. 184. n. 20. The Death of the Queen The Offer as above no advantage to K. Edward 3 Froys C. 272. Du Ches f. 704. D. He sends his Letters of Indemnity and Pardon into Aquitan on the Assumption of the Virgin Mary or 15th of August died Queen Philip Just and Sincere as the Historians say to the English Interest There is nothing extant which makes it appear that the Offer above-mentioned advanced King Edward's Cause and therefore next Year he sends his Letters of Indemnity and Pardon with great Promises of Reformation into Aquitan 3 That he being informed of certain Troubles Grievances and Molestations done or supposed to be done by his Dear Son the Prince of Wales in his Seigniory of Aquitan being obliged and desirous to remedy all things tending to evil Surmises Hatreds and Contentions between him and his Loyal Friends and Subjects did Announce and Pronounce Certifie and Ratifie of his meer Good-will and by great Deliberation of his Council to that purpose called and did Will and Command That the Prince of Wales should forbear and remit all manner of Actions done or to be done and restore to all such as had been grieved or molested by him or by any of his Officers and Subjects in Aquitan all their Costs Expences or Damages raised or to be raised in the Name of Aids or Chimney-Money And did further pardon all such as had revolted and forsaken his Homage and Fealty upon Condition that after the sight of these Letters within one Month they returned to their Obedience And if any Persons made any just Complaint against his Dear Son the Prince or any employed by him that in any thing they were grieved or oppressed or had been in times past he would cause them to have reasonable Amends for the maintaining of Peace Love Concord and Vnity between him and his People of the Dutchy And that all Men might be satisfied of the Truth of these Letters he willed they should have Copies of them and then declared he had Sworn to maintain and make them good by the Body of Jesus Christ in the Presence of his Dear Son John Duke of Lancaster the Earls of Salisbury Warwick Hereford and many other there named Dated at Westminster in the 44th Year of his Reign on the 5th of November in the Year of our Lord 1370. Mezeray 4 F. 389. The King of France joined Religion and Eloquence to his Arms And sent Preachers abroad to justifie his Cause taking notice of these Letters tells us That to the Force of Arms the King of France joined Religion and Eloquence which could do all things on the Hearts of the People He ordered Fasts and Processions to be made all over his Kingdom and sometimes went barefoot himself with the rest when at the same time the Preachers made out his Right and Title with the Justice of his Cause and the Injustice of the English Which had two Ends the one to bring back again those French Provinces which had been yielded by the Treaty of Bretigny the other to make those that were under him willing to suffer the Contributions and all other Inconveniencies of War The Arch-Bishop of Thoulouse alone by his Persuasions and Intrigues regained above Fifty Cities and Castles in Guien amongst others that of Cahors The King of England would have practised the same Methods on his part and sent an Amnesty or General Pardon to the Gascons with an Oath upon the Sacred Body of Jesus Christ to raise no more new Imposts but all this could not reclaim those Minds that had bent themselves another way King Edward 5 Ib. c. 249. 250. Forces sent into France to the Prince Some of the Companions joined with them sent Forces over to the Prince with Edmond Earl of Cambridge his own Son and the Earl of Pembroke his Son-in-Law who with a great number of Companions under the Command of Hugh Caverley an Experienced Officer which came from Aragon Rendezvoused at Angolesm and were put all under his Command by the Prince What things of Note they did I find not Before this time 6 Ib. c. 241 242. Henry the Bastard killed Peter King of Castile and fixed himself in the Throne Henry the Bastard had by the Assistance of Peter King of Aragon the King of France and the Power of Bertrand de Guesclin and his Companions seized the Kingdom of Castile and killed King Peter and fixed himself in that Throne The King of France wrote to Henry to 7 Ib. c 276. Bertrand de Guesclin and his Companions serve the K. of France against K. Edw.
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to leeds-Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to pontfract-Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A
claim the Crown of France Fol. 198 E F The Alliances he made in order to it Fol. 199 He appoints Commissioners to Treat of his Right Fol. 200 B He Constitutes the Duke of Lorrain Vice-Roy of France Fol. 1b C He is made Vicar-general of the Empire Fol. 201 D His Title to the Crown of France Fol. 1b F He enters the French Dominions Fol. 202 C He acquaints his Parlement with it and demands an Ayd Fol. 203 A His Debt to his Allies Fol. 204 C An Ayd granted to clear it and the Commons Request to him Fol. 1b D E His great Victory over the French Fleet Fol. 205 C His Letter to his Parlement for more Money which was granted Fol. 206 A E He Besieged Tournay and Challenged Philip of Valois Fol. 207 A B He concludes a Truce Fol. 208 B C At his return into England he sent several of his Council to Prison Fol. 209 E He is reproved by the Arch-Bishop of Canterbury Fol. 210 D His Letter concerning the Arch-Bishop and his Crimes Fol. 212 E His Letter answered and called a Libel by the Arch-Bishop Fol. 215 B His Reply to the Arch-Bishop's Defence Fol. 218 B He presses for further Supplies Fol. 219 D His Answer to the Statutes and Conditions Fol. 220 A His Revocation of them confirmed in Parlement Fol. 222 C He refused the Emperor's Mediation for a Peace Fol. 223 E F He received the Homage of John Earl of Montfort for the Dukedom of Bretagne Fol. 224 E He Married his Daughter to the Duke's Son Fol. 225 E He enters Bretagne with an Army Fol. 226 A He agrees to a Truce with France for 3 years Fol. Ib. D He acquaints his Parlement with it and their Agreement to it Fol. 227 228 He appoints Commissioners to Treat of Peace without effect Fol. 229 A His Parlement prays an end of the War and grant an Ayd Fol. 231 E He again sent Defiance to Philip of Valois Fol. 232 C He Complains to the Pope against him and the Pope's Answer Fol. Ib. E F 233 C The Success of his Arms in Gascoigny Fol. 235 E He and his Son Prince Edward land in Normandy Fol. 236 A His great Successes there Fol. Ib. B c. His Victory over the French at Cressy and the Number slain Fol. 237 B c. His Answer to the Commons Petition in Parlement Fol. 240 A He beats the French Army and takes Calais Fol. 242 C D His Vsage of the Calesians Fol. Ib. E 243 A He agrees to a Truce Fol. 243 B The Number of his Army and their Pay Fol. Ib. C He refused the Offer of the Empire Fol. 255 F He prevents the betraying of Calais Fol. 246 D His Vsage of the French Prisoners Fol. Ib. E He Institutes the Order of the Garter Fol. 247 His Title to France set forth in Parlement Fol. 248 E He offered Terms of Peace to the French Fol. 252 His readiness to Remedy his Subject's Grievances Fol. 250 251 His Agreement to Peace refused by the French Fol. 253 A B 261 D His Expedition into France Fol. 254 F His Army wast and destroy the French Country Fol. 262 A He concludes a Peace with France Fol. Ib. C D The Articles of the Peace Fol. 263 c. He sent his Commissioners to take possession of what was granted him by the Peace Fol. 278 F Some French Lords refuse to become his Subjects but are forced to it Fol. 281 His Kindness to the French Hostages Fol. 283 A He assumed the Title of King of France by the Advice of his Parlement Fol. 287 E His Offer to such as would Maintain his Title Fol. 288 B His Letter of Indemnity sent into Aquitain Fol. Ib. D His Voyage into France unfortunate Fol. 293 A B He sent Assistance to his Son Prince Edward Fol. 289 C His Answer to the Commons Petition Fol. 292 A His Fleet beaten nigh Rochell Fol. Ib. D His Town in Aquitain Revolt Fol. 297 D He agreed to a Truce with the French King Fol. 298 A His Answer to the Commons and Londoners Petitions Fol. 302 303 305 306 His Death Fol. 308 B His Issue by Queen Phillippa Fol. 323 Prince Edward Eldest Son to Edward III. made Guardian of England Fol. 204 F His great Victory over the French at Cressy Fol. 237 C He prevents the betraying of Calais Fol. 246 C His Expedition into France and his Success Fol. 255 E His Victory over the French at Poicters Fol. 257 His Civilities to King John and his Son Philip Fol. 258 A He is made Prince of Aquitain Fol. 282 E He ayds the King of Castile and restores him Fol. 284 C His Illness and return to Aquitain Fol. Ib. D His Necessities for want of Money Fol. 285 A The Complaint of the French Nobility against him Fol. Ib. B His Answer to the French King's Summons Fol. Ib. D He taketh Limoges by Storm Fol. 290 A He returns ill into England Fol. Ib. B His Death Fol. 302 C Ellys William impeached for Extortion Fol. 302 B England's Superiority over Scotland Fol. 35 B How to be divided if Conquered by France Fol. 238 F English Women imitate the French in their Apparel Fol. 246 A F. FItz-Alan Richard Earl of Arundel Admiral of the English Fleet Fol. 367 D He takes above 100 of the Enemies Ships Fol. Ib. E Is one of the Appellant Lords Fol. 371 C Flint Castle when and by whom built Fol. 7 A French King's Charge against King Edward I. Fol. 38 D He seized on Gascony Fol. Ib. F He provides to invade England Fol. 39 D Fulthorpe Sir Roger impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A G. GArter See Order Gascony restored to King Edward I. Fol. 77 C Gaston Vicount Bearn refused his Homage to Edward I. Fol. 3 A Gaveston Piers his Familiarity with Prince Edward Fol. 91 F Is banished by the King Fol. 92 A His return into England and is made Earl of Cornwal and Lieutenant of the Kingdom Fol. 100 D E His Destent and Marriage with the King's Neece Fol. 101 B Is made Lieutenant of Ireland Fol. Ib. E The Nobility contrive to destroy him Fol. Ib. F He fled out of the Kingdom and is recalled Fol. 112 D He yields himself to the Lords Fol. 115 D He is Executed without Judgment Fol. 116 A Gloucester Thomas Duke with other Lords march with great Forces towards London Fol. 368 A Their Letter to the Mayor and Sheriffs Fol. Ib. B C Their Approach to the King with the manner of their Address and Reception Fol. 369 A B C They are excused by Proclamation yet march on towards London Fol. Ib. F The Keys of the City-Gates delivered to them Fol. 370 A They go to the King and obtain what they asked Fol. Ib. B C He offers to purge himself and is declared Guiltless Fol. 371 A His desire to have 1000 l. per Ann. settled on him by the King Fol. 392 F
of the Earls c and by the Earl of Pembroke Monsieur Hugh le Dispencer and Monsieur Nicholas de Segrave Deputed by the King to hear the said Treaty and Report it to him in the manner following 1. First That the Earls and Barons shall come before the King The Articles of Peace between the K. and Barons in Westminster-Hall and with great Humility on their Knees make their Submission and Swear if he will have them That what they did for which he thought ill of and intended to punish them was not done in Despight of him and they shall humbly pray his Forgiveness and receive it with a good Will and shall restore all that was taken at Newcastle upon Tine or other where from Pier de Gaveston whatever it was viz. all his Jewels Horses and other things whatever they were c. 2. The Second Article contains the Statute for the Security of the Earls and Barons their Adherents and Allies which was to have been passed in the next Parlement to be holden on the Third Sunday in Lent with this Title 9 Old Statutes printed A. D. 1540. Ne quis occasionetur pro Morte Petri de Gaveston That no Man be prosecuted for the Death of Peter Gaveston and further That the King should Release and Quit the Earls Barons their Adherents Friends and Allies all Rancor Displeasure Actions Obligations Complaints and Accusations which arose by the Occasion of Peter Gaveston since he married his Dear Companion Isabel Queen of England whether it were for the Taking Detaining or Death of him or the Seizing any Town or Castle or Besieging of them or for bearing Arms or imprisoning any Persons 3. Also it was agreed That if this Security pleased the Earls and Barons and that they would not come to Parlement in their proper Persons they should send their Proxeys with sufficient Power to receive and consent to that Security and also with sufficient Power to consent to a Security to be made in that Parlement for the Adherents to and Receivers of Peter Gaveston which security was treated of and agreed and there recited being the same with the 1 Ibm. Statute having this Title Ne quis occasionetur pro Reditu Petri de Gaveston That no Man be prosecuted for the Return of Peter de Gaveston 4. Also the Treaters agree That in the next Parlement there should be Provision made by the common Assent of the Prelates Earls and Barons that in all Parlements Treaties and other Assemblies in England from that time forward for ever Men should come without Force and without Arms peaceably to the Honour of the King and the Peace of him and the Realm and the three Treaters promised to use their utmost Endeavour with the Earls of Lancaster and Warwick by themselves or Poxey's to consent to this Provision And further it was ordered That no Business should be propounded in this Parlement but the Security's and this Provision nor any come with Arms before the Submission was made which was certainly Done or the Acts of Security had never passed and then they might Treat of other Parlement Matters as there might be occasion 5. Also the Treaters promised That after this Reconciliation was made they would do what in them lay with their whole Endeavour with their Peers That the King should have an agreeable Aid of the whole Realm for his War with Scotland 6. Also the three Treaters complained That the King since the Conduct given for this Treaty to the Lords and their Adherents had caused the Lands and Goods of Monsieur Griffin de la Pole to be seized and also of Monsieur Fouk Lestrange There were to be two Justices not suspected of Partiality appointed by the King to Examine the Matter and do them right 7. Also that the Goods of Monsieur Henry de Percy which were seized by the King be restored by Pledges or Sureties until the next Parlement 8. Also it was agreed on behalf of the King That all Men might safely Pass and Repass through the Kingdom of England or elsewhere for the Dispatch of their Business under his Protection they doing or receiving no Wrong This Conduct and Security to continue until Pentecost next coming and of this the King to grant Letters under the Great Seal To the Earls Barons and their Adherents The Collation of this Indenture was Made and Read in the Year of Grace 1312. on the Wednesday next before Christmas in the Cardinal's Chamber at London in the Presence of the Cardinal the Bishop of Poicters the Bishop of Worcester the Earl of Pembroke and many others In Witness whereof one Part of the Indenture remained with the King and the other Part was given to Master John Waleweyn and Michael de Meldon to be carried to the Earls and Barons The two Securities mentioned in this Treaty were not passed into Statutes as was agreed in the Second Article in the Parlement summoned on the 20th of January in the Sixth of this King to meet on the Third Sunday in Lent nor in the next summoned on the 23d of May next following to meet Fifteen days after the Nativity of St. John Baptist but in that which was A. D. 1313. summoned on the 26th of July in the Seventh of his Reign to meet on Sunday next after the Feast of St. Mathew the Apostle as may be seen in the Old Statutes Printed 1540. Robert Winchelsey Archbishop of Canterbury lived to see the Articles Robert Winchelsey A Bishop of Canterbury dies of this Treaty finished but Dying on the 2 Histor Sacra f. 17. By whose Persuasion the E. of Lancaster opposed the King 11th of May preceding lived not to the passing of these Statutes by whose Persuasion and Encouragement the Earl of Lancaster and Adherents opposed the King in his Folly 3 Ran. Higden Lib. 7. Cap. 41. Thomas Lancastriae ipsius Roberti speaking of this Archbishop animatus hortatu cum sibi adherentibus per plures annos conatus est Regiis obsistere ineptiis The great Opinion the Earl had of this Archbishop or thinking it a great Advantage for a Miracle-worker and Saint to have been a Patron of the Cause he wrote to the 4 Append. N. 59. The Earl of Lancaster wrote to the Prior and Convent of Canterbury for a Particular of the Miracles wrought by Winchelsey Prior and Convent of Canterbury praying them as he had done before to give Testimony some notorious Way and by their Letters Patents what Miracles God had wrought by Robert Archbishop of Canterbury that last was and what he had wrought as well in his Life-time as after his Death and to inform him of the Miracles which were hanged up in writing before his Tomb. Taking advantage of these Dissentions and Controversies in England Robert Brus 5 Buchan Hist f. 80. b. A. D. 1313. Robert Bruce taking advantage of the Dissentions in England reduceth a great Part of Scotland to his Obedience reduced the most Part
of Scotland to his Obedience and took in most of the English Garrisons some by Force others upon Terms some one Year some another Having taken Edinburgh he sent his Brother Edward to besiege Sterling Castle in which was Philip Mowbray a Stout and Provident Governor who taking notice of the Success of the Scots had exceedingly Fortify'd and Victualed it Edward Brus after some time lying before it despaired of taking it by Force and both sides agreed on these Conditions 6 Ibm. n 80. That if the English did not Relieve the Castle within a Year from the Day of the Treaty it should be Delivered to the Scots and that the Garrison should have safe Conduct to go whither they would with all their Goods The next Spring the Scots came into the Marches or Borders A. D. 1314. 7. Ed. II. and made great Ravages and Slaughters there and to suppress their Insolencies secure the Borders from their Cruelties and drive them back the King summoned the Militia to 7 Claus 7 Ed. II. M. 8. Dors The Earls of Lancaster meet him at Newcastle upon Tine 3 Weeks after Easter and march from thence against his Enemies and all that ought him Service came But the 8 Trokelow f. 198. a. col 2. Wals f. 104. n. 50. Warwick and Arondel refuse Earls of Lancaster Warwick Warren and Arondel who refused their Service because the King had not effectually observed or put the Ordinances in due execution without them The King 9 Ib. f. 105. lin 1. c. to serve the King against the Scots The Battel of Bannocks-bourn marched with a numerous and glorious Army to the Relief of Sterlin-Castle where he received a mighty Overthrow on the Eve and Day of St. John Baptist or 24th of June In this Battel which is called the Battel of Strivelin or Bannocks-Bourn because Fought near Sterlin and by the Brook or River Bannock was slain Gilbert Earl of Clare and several other Noble-men many Knights and Banerets and a great number of ordinary Men and many of all sorts taken Prisoners the King hardly escaping The Particulars of this Fatal Fight may be seen in most of our Historians 1 Froys vol. 1. c. 6. f. 2. a. col 2. There was great murmuring after this Defeat the Barons whereof the Earl of Lancaster was Chief put it upon Hugh Spenser the Younger that by his Advice the Field was lost and that he was favourable to the King of Scots In the Parlement holden at Westminster eight days after St. Hilary or 20th of January in the 8th of his Reign per Petitionem 2 Rot. Parl n. 35 36. A. D. 1314. Archiepiscoporum Episcoporum Comitum Baronum aliorum de Communitate Regni coram nobis consilio nostro exhibitam c. by a Petition of the Arch-Bishops Bishops Earls Barons and others of the Community of the Kingdom exhibited to the King and his Council That Oxen Cows Muttons Hogs Geese Hens Capons Chickens Pigeons and Eggs were intolerably dear it was enacted and proclaimed in every County That the best Ox not fed with Grain should be sold for 16 s. and no more and if he were fed with Corn then for 24 s. at most The best live fat Cow for 12 s. a fat Hog of two Years old for 3 s. 4 d. a fat Wether or Mutton unshorn for 20 d. and shorn for 14 d. a fat Goose for 2 d. ob a good and fat Capon for 2 d. a fat Hen for 1 d. two Chickens for 1 d. four Pigeons for 1 d. and twenty four Eggs for 1 d. And those that would not sell these Things at these Rates should forfeit them to the King This Parlement 3 Append. n. 60. The People in Stafford Shropshire refuse to pay a 20th part Granted by Parlement gave the King a 20th Part of their Goods or Moveables which in Stafford and Shropshire some dissatisfied People refused to pay and hindred the Collectors appointed by the King from gathering of it 4 Ibm. The Pretences of their Denial pretending it was granted upon certain Conditions to wit That he should cause the Great Charter of the Liberties of England the Charter of the Forest the Ordinances made by the Prelates Earls and Barons and the Perambulation of the Forests to be observed which had not then been duly put in execution At which the King was much surprized and displeased seeing he had commanded them to be observed and had assigned Commissioners in all Counties to make the Perambulations 5 Ibm. Therefore that he might be throughly satisfied about the Nature of the Action and have the Names of the Actors he appointed one of his Clerks with the Collectors Commissioners appointed to enquire about their Pretences to make enquiry by themselves and if it were needful by the Oaths of lawful Men of those Parts of all Particulars concerning the same and certifie him distinctly of them In the 9th of his Reign in the Parlement at Lincoln 6 Rot. Parl. n. 1. A. D. 1315. The cause of Summons to Parlement deferred to be declared because the Earl of Lancaster and other Great Men not come holden 15 Days after St. Hilary the King deferred the declaring the Business of the Parlement because Thomas Earl of Lancaster and other Great Men were not then come according to whose Advice he intended to proceed yet on 7 Ibm. The Chancellor and Justices of both Benches enjoined â—obâ—ing in their Briefs of such Causes â—s could not be determined ouâ— of Parlement The Scots disobedient to K. Ed. II. Wednesday next after the Quinden of Hilary the Chancellor Treasurer and Justices of both Benches were enjoined to bring in Briefs of such Matters depending before them in their several Places which out of Parlement could not be determined that here in this Session they might do in such Cases what ought to be done On the 12th of February being Thursday the Earl of Lancaster and other Great Men being present the cause of Calling the Parlement was declared being for their Advice and Assistance against the King's Enemies the Scots who had possessed themselves of the greatest part of that Nation and disowned their Obedience 8 Ibm. beseeching and enjoining the Prelates Noblemen and other his Liege Subjects being there to advise and assist him Supplicans injungens Prelatis Proceribus caeteris Fidelibus Subditis suis ibidem existentibus ut sibi in praemissis consulerent facerent sibi auxilium oportunum After this it was agreed 9 Ibm. That the Prelates and Noblemen Prelati Proceres should meet on the morrow being Friday to treat of Parlement Business they met that Day and discoursed of many things and it was agreed and commanded by the King Concordatum fuit per Regem preceptum they should meet the next day to treat of the same Matter 1 Ibm. The Prices of Victuals revoked when they agreed the Proclamation