in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias Bâ—llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
and our Statute-Books goes by the Title of Confirmatione Chartarum was Sealed and Dated the 10th of October and is to be found upon the Statute Roll 25 Ed. 1. M. 38. with this Memorandum at the End of it that this very Charter or Confirmation The Confirmation of them Sealed in Flanders word for word was Sealed in Flanders with the King 's Great Seal at Gaunt the 5th Day of November in the 25th year of his Reign and sent into England a sure Sign Sir Edward Coke never saw the Original of this nor of the Statute de Tallagio non Concedendo who placeth them in the 34th of this King On the 8 Append. N. 34. The Earl-Marshal the Constable and Lord Ferrers Pardoned and by what Mediation Statute-Roll there is a Destinal Pardon for the two Earls the Lord Ferrers c. somewhat differing from that in the Printed Statutes Dated at Gaunt on the same Day procured at the special Prayer and Request of his Son Prince Edward his Lieutenant in England William Bishop of Ely William Bishop of Bath and Wells Richard Bishop of London Walter Bishop of Litchfield and Coventry Henry Elect of York Edmund Earl of Cornwall John Warren Earl of Surrey and Sussex William Beauchamp Earl of Warwick and the others of his Council with his Son in England 9 Registrum Winchelsey in Doctors-Commons fol. 227. a. b. and 228. a. b. This Pardon had been doubly granted before by the Prince and by his Council in two Instruments or as they are called Letters-Pattents one of the Prince the other of his Council Dated October 10. and Sealed with their own Seals because the Great Seal of England was with the King At the same time also they Vndertook and Bound themselves to secure them from any Dammage which might happen to them from the King and procure them this very Pardon Things thus compos'd in England there was a Truce or as 't is A Truce between the two Kings and their Allies for a short time called in the Instrument it self A 1 See Bundle of Writs of Privy-Seal in the Tower And Pryns Hist Ed. 1. f. 757. Sufferance or Forbearing all Acts of Hostility by Sea and Land between the King of England and his Allies on the one Part and the King of France and his Allies on the other until the Feast of Epiphany for the Duchy of Aquitain and for the Earldom of Flanders and all other Parts until the Octaves of St. Andrew or the 7th of December Dated on the Feast of St. Denis that is October 9th in the Year of Grace 1297. in which there are the Names of the English Confederates That is to say the King of Almayn or Emperor the Earl of Flanders the Earl of Savoy the Earl of Bar the Duke The King of England's Allies or Confederates of Brabant the Earl of Holland the Earl of Montbeliard John de Cholon Seigneur Darly John de Burgonig John Lord of Moamtfancon Walter his Brother the Lord of Newcastle the Lord Dosselier the Lord of Fanconby the Lord of Jour the Lord of Conkendary Simon de Montbeliard Lord of Montron Stephen Doissler Lord of New-Town de Ville Neove and many others of Burgoinge Almaigne Brabant Holland Gascoinge and Arragon and others of which the Names were not known And by this Sufferance all Trade or Commerce was to be Exercised as at other times This was inclosed in Letters 2 Ibm. and Pryns Hist f. 758. The Truce sent into England under Privy-Seal dated at Gaunt the 15th of October in the 25th of his Reign and sent to his Son enjoyning him to see it kept in all points through the Realm and 3 Claus 25 Ed. 1. M. 26. Dors in cedula to that purpose on the 20th of October he sent it to all Ports in England to be Proclaimed and strictly Observed in all its Articles On the next Day setting forth that the Scots despising their The Scots despise their Oaths of Homage and Fealty Oatbs of Homage and Fealty and not content to have Broken the Peace before to have Killed his Subjects and done many other great Mischiefs 4 Ibm. They enter England burn and waste all before them The King summons the Service of Earls Barons c. to suppress them had then Entered England Burning and Wasting the Country slaying his People and destroying all before them sent his Summons to 200 Earls Barons Knights Abbats and others to be ready at Newcastle upon Tine on St. Nicholas-Day or 6th of December with their Service of Horse and Arms to go with his Son against the Scots to suppress their Rebellion and defend his own Kingdom By Commissioners on both sides the Sufferance or forberance of Hostility was prolonged and continued until Lent then next coming the 5 Bundle of Writs Pryn ut supra f. 756 757. The Truce between the Two Kings prolonged Instrument whereof was sealed with their Seals and dated at Grolingues Abby near Courtray in Flanders Nov. 23. 1297. In this Instrument also are contained the Names of King Edward's Confederates as before In the 24th of this 6 Walsingh Hist f. 64. 1. 5 c. n. 10. King in the year 1296 the Cardinals of Albanum and Praeneste had been sent by the Pope first into France then into England whether they came about Whitsuntide to make Peace between the Two Kings and expected the Two Cardinals sent to persuade Peace or make a Truce for two years King's coming out of Wales until the first of August when they delivered their Message and persuaded to Peace or a Truce for Two years The King answered he could agree to neither without the Consent of the King of the Romans by reason of the League between them confirmed by Oath They Request the King to obtain his Consent which in Reverence to the Court of Rome he granted and they returned into France The King as they desired 7 Bundle of Letters and Writs in Jurie London 24 25 Ed. I. and Pryn Hist Ed. I. from fol. 748 â—0 fol. 764. wrote to the King of Almaign or Romans to send his Commissioners to Cambray to the Cardinals with Power before them to Treat of and Conclude a Truce Honourable and Beneficial for them both Many Commissions were granted and Commissioners 8 Ibm. Aâ— ways propounded for a Peace or Truce prove ineffectual appointed on both sides at several times and References made to the Pope But when all these Ways proved ineffectual the Pope by his own Authority took upon him to denounce and declare a Truce for Two years under pain of Excommunication to such as should not submit to it 9 Walsingh ut supra f. 69. n. 50. The Pope by his own Authority declares a Truce for two years This the Cardinals published without success as appears by their Letter or Manifesto published for the knowledge of all People in which are contained the Minutes or Heads of
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
vol. 1. f. 18. The Queen at Hereford a Month. Vigil of Simon and Jude or the 27th of October Then the Queen went into the Marches of Wales and staid at * Ib. f. 600. The Queen goes with her Army into the Marches of Wales to find out the King and takes him with H. Despenser the Younger and others Hereford a Month from whence she sent Henry Earl of Lancaster and Rhese ap Howel a Clerc and Welsh-man who knew those Parts well with part of her Army to find out the King and by Money corrupted the Welsh-men so as they discovered him to be in the Abby aforesaid where he was taken with Hugh Despenser the Younger Robert Baldock and Simon de Reding 2 Ibm. who were committed to the Custody of the Earl by the Advice of the Bishop of Hereford Before it was known where the King was it was supposed he had left 3 Append n. 70. It was supposed the King was out of England England and 4 quitted the Government whereupon on the 26th Day of October at Bristol the Arch-Bishop of Dublin the Bishops of Winchester Ely Lincoln Hereford Norwich and other Prelates and Thomas Earl of Norfolk Edmund Earl of Kent the King's Brothers Henry Earl of Lancaster and Leicester Thomas Wake Henry de Bello Monte or Beaumont William la Zouche de Ashby Robert de Monte alto or Montalt Robert de Morle Robert de Wattevile and other Barons and Knights in the Presence of the Queen and the Duke of Aquitan her Son by the Consent of the whole Community of England being then present unanimously chose the same Duke to be Guardian of the Kingdom so as the The Prince or Duke of â— Aquitan made Guardian of the Kingdom said Duke and Guardian should Govern the Kingdom in the Name and Right of the King his Father in his absence And he took the Government of the Kingdom upon him accordingly and passed all Matters under his Privy Seal not having any other Afterwards on the 20th of November when the Queen 's and Duke's Enemies were taken and the King was returned into his Kingdom the Queen Duke Prelates and Noblemen aforesaid with the Assent of the Community aforesaid then being at Hereford by reason that the Power of the Guardian ceased by the King 's coming into his Kingdom sent the Bishop of Hereford to The Great Seal sent to the Queen and her Son the King then at Monmouth to beseech him to Command That all things that might tend to the Peace of the Kingdom might be Sealed with the Great Seal then with him This was done in the presence of the Earl of Lancaster c. and the King was prevailed on to send the Seal to his Wife and Son to 5 Ibm. 6 Wals f. 125. n 30 40. The King carried to Kenelworth-Castle The Earl of Arundel and 2. others Heads struck off at Hereford Seal what they would with it Whilst the Earl of Lancaster was carrying the King through Wales 6 by Monmouth Lidbury and other Places to his Castle of Kenelworth in Warwickshire they sent Hugh Spenser the Son Robert Baldock and Simon Reding to the Queen at Hereford Before their coming the Earl of Arundel John Daniel and Thomas Micheldene had their Heads struck off by the Procurement and Hatred of Roger Mortimer who 7 Ibm. n 40 50. Mortimer the Queen 's most familiar Counsellor was at this time the Queen's most familiar Counsellor Consiliarius Reginae familiarissimus without whom the Queen did nothing 8 Ibm. n. 40 50. Those that brought Hugh Spenser for their Reward had Two thousand Pounds as she had promised And 9 Ibm. H. Despenser the Son drawn hanged and quartered soon after he was adjudged to Death without being put to answer sine Responsione and was Drawn and Hanged upon a Gallows 50 Foot high and then Quartered and his Head fixed upon London-Bridge 1 Ib f. 126. lin 3. Simon Reding drawn and hanged On the same Day Simon Reding was Drawn and Hanged for speaking hard things of the Queen Yet Knighton 2 Col. 2547. n. 10 20 c. Knighton's Relation of the Judgment of H. Despenser the Son reports Hugh Spenser the Younger was Arraigned before Sir William Trussel a Justiciary in the Form there mentioned which was by way of a Speech made against him as 't is here contracted Hugh le Despenser 3 Ibm. Sir W. Trussell's Speech against H. Despenser the Son in the Parlement at Westminster in the 15th of the King your Father and you Hugh were awarded Traytors and Enemies of the Realm and Banished as such never to return without the Assent of the King in full Parliament duely summoned Contrary to which Award your Father and you Hugh were found in the Court without Warrant And you Hugh as you returned into the Kingdom feloniously spoiled and robbed Two Domands Merchant-Ships so called of Goods to the Value of Forty thousand Pounds Hugh after this Felony you came to the King and caused him to go with Force against the Peers of the Realm and other his Liege People to destroy and disherit them contrary to the Great Charter And also taking upon you Royal Power you Hugh and your Assistants with Force and Arms robbed feloniously the good People of the Realm and by Andrew Harleye and other Traitors your Adherents Murdered the good Earl of Hereford Monsieur William Sullee and Monsieur Roger de Berfelde at Borough-Bridge and caused to be taken my most Honourable Lord Thomas the Good Earl of Lancaster and caused him to be Judged by a false Record against Law Reason and the Great Charter and also to be Murdered Martyred and put to a cruel Death Also in the same March in the French Journey to Borough-Bridge you caused many of my Lords the Earl of Lancaster Barons and Knights to be Drawn and Hanged by false Record against Law and Reason 4 Col. 2548. n. 10 20 30. and caused other Great Men to be put in Prison and Murdered to get their Estates as Roger Mortimer the Nephew and Vnkle Hugh Audeley Father and Son and the Earl of Hereford Hugh after this Destruction of the Nobility you Hugh your Father and Robert Baldock usurping Royal Power over the King led him and his People into Scotland against his Enemies where you Hugh by your Traiterous Conduct caused him to lose 20000 of his People to his great Dishonour and Damage of the Realm and to return without doing any thing Hugh 5 Ibm. n. 40 50 60. this Treason nor this Tyranny would satisfie you until by Royal Power gained over the King you destroyed the Franchises of Holy Church and the Prelates as the Bishops of Hereford Lincoln and Norwich taking their Goods out of their Churches And whereas you knew God had done great Things by my Lord the Earl of Lancaster you caused to be murdered you placed armed Guards and shut the Church-Doors that none should
Hugh Robert and Edmond Earl of Arundel did counsel him were it never so great Wrong During which Vsurpation by Duresse and Force against the Will of the Commons they purchased Lands as well by Fines levied in the Court of the said King Edward as otherwise And whereas after the death of the said Earl of Lancaster and of other Great Men our Sovereign Lord the King that now is and Dame Isabel Queen of England his Mother by the King's Will and Common Counsel of the Realm went over into France to Treat a Peace between the Two Realms of England and France upon certain Debates then moved the said Hugh and Hugh Robert and Edmond Earl of Arundel continuing their Mischief encouraged the said King Edward against our Sovereign Lord the King that now is his Son and the said Queen his Wife and by the Royal Power which they had to them encroached as afore is said procured so much Grievance by the Assent of the said King Edward to our Sovereign Lord the King that now is and the Queen his Mother then being beyond Sea that they remained as forsaken of the said King Edward and as exiled from this Realm of England Wherefore it was necessary for our Sovereign Lord the King that now is and the Queen his Mother being in so great Jeopardy of themselves in a strange Country and seeing the Destruction Damage Oppressions and Disherisons which were notoriously done in the Realm of England upon Holy Church Prelates Earls Barons and other Great Men and the Communalty by the said Hugh and Hugh and Robert Earl of Arundel by the encroaching of such Royal Power to them to take as good Counsel therein as they might And seeing they might not remedy the same unless they came into England with an Army of Men of War and by the Grace of God with such Puissance and with the help of Great Men and the Commons of the Realm they have vanquished and destroyed the said Hugh and Hugh Robert and Edmond Wherefore our Sovereign Lord King Edward that now is at his Parlement holden at Westminster at the time of his Coronation on the morrow after Candlemas in the First Year of his Reign upon certain Petitions and Requests made to him in the said Parlement upon such Articles above rehearsed by the Common Counsel of the Prelates Earls Barons and other Great Men and by the Communalty of the Realm there being by his Commandment hath Provided Ordained and Established in Form following First That no Great Man nor other of what Estate Dignity or Condition he be that came with the said King that now is and with the Queen his Mother into the Realm of England nor none other then dwelling in England that came with the said King that now is and the Queen in Aid of them to pursue their said Enemies in which Pursuit the King his Father was taken and put in Ward and yet remaineth in Ward shall not be Impeached Molested nor Grieved in Person nor in Goods in the King's Court nor other Court for the Pursuit of the said King taking and with-holding of his Body nor Pursuit of any other nor taking of their Persons Goods nor Death of any Man or any other things perpetrate or committed in the said Pursuit from the Day that the said King and Queen did arrive till the Day of the Coronation of the same King What follows in this Statute is not much to our purpose Those concerned in the Conspiracy against and Design upon the King thought them well covered by this Preamble and themselves well secured by this First Chapter After the end of this Parlement there were 3 Rot. Claus 1 Ed. III. M. 16. Dors The Scots refuse to treat of a Peace They break the Truce with England Commissioners sent to the Borders of Scotland to Treat of Peace but the Scots refused to Treat with them and not only so but brake the Truce which had been made with King Edward II. raised an Army and invaded England 4 Wals f. 127. n. 40. They make their escape from Stanhop-Park The Young King and his Mother raised an Army and with the Stipendiary Strangers marched against them and had almost inclosed them in Stanhop-Park in the Bishoprick of Durham yet in the Night they escaped and got into their own Country but threatned to return again Wherefore for the Defence of the Kingdom and other Matters there was a Parlement called to meet on the morrow of Holy Cross or 15th of September at Lincoln The 5 Rot. Claus ut supra Writ in which most of this Relation is contained bears Date at Stanhop Aug. 7. The English and Haynalters quarrel In their March towards the Scots the Haynalters Domineering over the English they Quarrelled at York where many were killed and the most English whether for fear of the English or 6 Knighton col 2551. n. 50. Wals ut supra The Haynalters c leave England for what other Reason the Haynalters and other Foreigners 7 Ibm. c. 2552. n. 40. left England not long after well Rewarded with Gold and Silver by the Queen and Mortimer and others of their Faction What was done in this Parlement I find not This Year there was another 8 Rot. Claus 1 Ed. III. M. 3. Dors Summoned to meet at York on the next Sunday after the Purification of the Virgin Mary to Treat of certain Articles propounded and declared between the Two Nations at Newcastle but nothing was done at this Parlement the Bishops and other Great Men not appearing and therefore as is expressed in the Writ 9 Rot. Claus 2 Ed. III. M. 31. Dors A Parlement at Northampton Dated March 5. next following he called another Parlement to meet three Weeks after Easter at Northampton In this Parlement 1 In A. D. 1327. A shameful Peace made with the Scots says Murymuth and Walsingham from him facta fuit turpis Pax inter Anglos Scotos there was made a shameful Peace between the English and Scots by the Direction and Contrivance of the Queen and Roger Mortimer by which David Son and Heir to Robert Brus King of Scotland was to Marry Joan King Edward ' s Sister both Children And he was also to release all his Right and Claim of Superiority that he and his Progenitors had in the Kingdom of Scotland and to deliver up all Charters and Instruments concerning the same Some great Matters having hapned after this Parlement that required great Advice there was a 2 Rot. Claus Ed. III. M. 15. Dors A Parlement at Salisbury Writ issued Aug. 28. for another to meet at Salisbury on the Sunday next after the Quinden of St. Michael In this Parlement 3 Wals f. 129. n. 10. Three new Earls made in this Parlement there were made 3 Wals f. 129. n. 10. Three new Earls made in this Parlement three Earls Iohn of Eitham the King's Brother Earl of Cornwal Roger Mortimer Earl
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
others any grief or prejudice to be done to the other his Friends or Allies by the Church of Rome or others of Holy Church whatever they were nor to their Lands or Subjects by reason of the War or any other cause nor for the service the Allies and Assistants of both Kings had done or should do for either of them And if their most Holy Father the Pope or others would do so both Kings might oppose them to their Powers without doing ill during the Truce All Prisoners of War on both sides to be released during the Truce upon their Paroles to return again to Prison when it was ended 6. That there should be a Truce between the English and Scots for the same time and certain Persons appointed upon the Borders of each Kingdom to see it observed upon such Conditions as had been formerly Which if the Scots refused the King of France was not to assist them with Force or any other ways to relieve and encourage them And it was agreed That this Truce should be notified or proclaimed in England and Scotland 26 Days after the Date thereof 8 Ibm. p. 93. a. which was confirmed and sealed with the Seals of the Commissioners on both sides in the Church of Espetelyn on Monday the 25th of September in the Year of Grace 1340. In the time of this Truce several Commissions were issued for Several Commissions during this Truce to make a firm Peace without effect the ending all Controversies between the Two Kings by a full Peace or long Truce as they are to be found in the Alman or Close Roll in the Tower in the 15th of Edward III. But they had no other effect than to continue the Truce unto the Decollation of St. John Baptist or 29th of August from thence to the Exaltation of the Holy Cross or 14th of September and from that time to Midsummer the next Year While the King lay before Tournay the Scots 9 Knighton col 1580. The Scots plundered wasted the Borders that had not submitted to King Edward Baliol came into England and plundered and ravaged the Country as far as Durham but being included in the Truce as above all Hostility ceased during that Truce After the Siege of Tournay the King went to Gant and staid there some time and returning into England on the Feast 1 Claus 14 Ed III. Part 2. M. 12. Dors of St. Andrew about midnight he arrived at the Tower and next morning he sent for the Arch-Bishop of Canterbury to Lambeth but found him 2 Hist Sacr. vol. 1. f. 20. The A. Bp. of Canterbury and others of the King's Council imprison'd not there He also sent for the Bishop of Chichester his Chancellor the Bishop of Lichfield and Coventry Lord Treasurer and several others his Great Officers Clerks of Chancery and Justices and imprisoned them in the Tower except the Bishops whom says 3 p. 93. a. c. 35. Robert of Avesbury for fear of the Clementine Constitution That Bishops ought not to be imprisoned he permitted to have their Liberty On the 3d of December the Arch-Bishop went to Canterbury and secured himself in his Church to escape future Dangers Most of the Persons 4 Rot. Parl. 14 Ed III Paâ—t 1. n. 13 14 15. sent for or imprisoned by the King were of the King's Council in England and those who were appointed and directed in Parliament to take care of the Payment of the King's Debts to the Town of Brussels and other Towns in Brabant and Flanders and treat with the Merchants both Foreign and English about paying the Money amongst whom was the Arch-Bishop The Sheriffs 5 Ib. Part 2. â— 17 25â— were commanded to send from all Cities and Burghs in their several Counties Merchants to be before the King's Council at London or Westminster on Monday next after the Assumption of the Virgin Mary or 15th of August to treat with About selling the Wooll granted them about buying the Ninth of Wooll in all Counties where the Arch-Bishop of Canterbury some other Bishops Earls and Barons of the King's Council there named as being nearest at hand Treated with them and contracted 6 n. 20 c. ad 28. for great numbers of Sacks of Wooll the Money to be paid at Bruges within three Weeks after or upon the Feast of the Nativity of the Virgin Mary or 8th of September or upon the Feast of St. Michael The Merchants of Bard and Prussia bought much of this Wooll and engaged to pay the Money to the People of Louvain and Malins and several particular Persons there named Almans and others that had been retained by King Edward and also sent for divers Persons to account before them and ordered them to return the Money to the King beyond Sea On the 30th of July 7 n. 29. the Arch-Bishop of Canterbury the Lords Chancellor and Treasurer the Earl of Arundel Thomas Wake of Lydell and others of his Council in England wrote to the King to give him an account of his Subsidy and to let him know That the Grant of 20000 Sacks of Wooll to raise Money speedily was not made in the Parlement he Summoned before he went beyond Sea to meet on Wednesday next after the Feast of St. Thomas or 7th of July until the Vigil or Eve of St. James or 24th of the same Month And therefore he could not wonder nor his Allies or good People of Flanders That neither Wooll nor Money was then come to him for certainly as much as could be levied of his Subsidy should come to him daily as soon as the Pains or Knowledge of Man could cause it to be sent or paid The Arch-Bishop having secured himself at Canterbury 8 Hist Sacr vol. 1. f. 21. 25. The A. Bp of Canterbury's Advice and Reproof to the King the King sent Nicholas de Cantelpue with Letters of Credence That he would come to him to London where he might personally speak with him but he came not pretending some about the King had threatned to kill him Yet though he came not he wrote to the King and admonished him to take good Advice and make 9 Wals f. 150. â— 10 20 c. use of good and wise Counsellors and to remember that by evil Counsel his Father had contrary to the Laws of the Land and Magna Charta imprisoned some great Men and others adjudged them to death seized their Goods or put them to grievous Ransom And what hapned to him for this cause He also put him in mind That by the Circumspection and Discretion of the Prelates the Great and Wise Men of the Nation his own Affairs had prospered so as he possessed the Hearts of the People and had met more Assistance from the Clergy and Laity than any of his Progenitors But at present by the evil Counsel of some English and others who loved their own Profit more than his Honour or the Safety of the People he
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
Nobility Gentry and Citizens in all Places and their Violence exercised upon the Peasants the Practices of the King of Navarre against the Dauphin and Government of France by making Divisions amongst the People and driving them into Parties and Factions the Barbarity of the Plundering-People calling themselves Companions and of the Soldiers 5 Mezer. f. 76. both Foreign and Domestics who upon Truces made between the Parties were neither disbanded or paid All these robbed and pillaged one another committed Rapin without distinction wasted and burnt the Countries where they came until the Dauphin procured himself to be declared Regent of France by the Parlement at Paris 6 Ib. f. 377. in the Year 1358. and some little while after until the Nation was reduced to some sort of Settlement by that Regency and Compliance between the Regent and Parlement which had not been before The last-mentioned Truce being expired without hopes of Peace 7 Froys lib. 1. c. 201. the King of England and his Son the Prince of Wales the the King of France and James Earl of Bourbon only amongst A Peace concluded themselves Treated of and agreed upon a Peace and sent the Articles into France to the Duke of Normandy the Dauphin and Regent He assembled the Prelates Nobles and People of the Good Towns who upon debate of the Terms resolved to suffer The French refuse the Terms more than they had done and permit their King to remain Prisoner rather than to submit to such Articles as should so much lessen the Power of France King Edward at the Return of the Messengers understanding the Resolution of the French determined to enter France with such a Force as should make an end of the War or procure Peace according to his Desire K. Edward raiseth a mighty Army To put what he resolved on in execution he raised an Army such as had not been 8 Froys â— 1. c. 205. seen and sent the Duke of Lancaster before him to Calais 9 â— 174. li 5. a. 1100 Ships provided to transport that Army Walsingham says there was Eleven hundred Ships prepared at Sandwich to Transport this Army from which Port he set sail on the 28th of 1 Claus 33 Ed. III. M 9. Dâ—rs October taking with him his Four Sons 2 Froys ut sâ—pra c. 207. Prince Edward Lyonel John and Edmond 3 Wals f. 174. â—in 3 6. 7. with most of the Nobility fere Proceres omnes leaving his young Song Thomas of Woodstock not then four Years old Guardian of the Kingdom with a Council fit to perform that Charge Before his 4 Froys l 1. c. 206. The King of France and his Son sent to the Tower Passage he sent the King of France and his Son from their loose Confinement to the Tower or more safe Custody and the rest of the French Prisoners into Places of Security With this Army 5 Ib. c. 209 210 211. he marched into the middle of France laying all waste as he marched He was entring 6 Was f. 174. n. 10. K. Edward marches into the middle of France burns and wastes the Country The French sue for Peace Burgundy when the Duke met him and compounded with him for Seventy thousand Florens to spare his Country from Burning and Rapin. The French kept themselves within their Places of Strength and filled them with Armed Men and permitted the Country to be harassed and ravaged by this Army The Miseries and Desolation of the Kingdom of France at this time and in this manner urged the Duke of Normandy and Regent the Clergy Nobility and all sorts of People to be desirous of and sue for a Peace 7 Mezeray f. 380. Cardinal Simon de Langres the Pope's Legate the Abbot of Clugny and the Dauphin's Commissioners always followed King Edward's Camp and earnestly sollicited for Peace The 8 Duke of Lancaster and other Lords were inclinable K. Edw. averse to a Peace and pressed the King to hearken to it He was averse putting such Terms upon the French they could not submit to them until as 9 Lib. 1. c. 211. Was â—frighted into it by a Tempest Froysard tells the Story being before Chartres there suddenly happened such a Tempest of Thunder Lightning Rain Hail and Stones that it killed many of his Men and Horses when turning towards our Lady's Church there and stedfastly beholding it he made a Vow to her to Consent to Peace And being then Lodged in a Village called Bretigny near Chartres Commissioners were appointed on both sides to Treat there accordingly This Famous Treaty of Bretigny was managed by 1 Rot. Cales de negotiis comunibus 3. a. Ed. III. M. 6. the Prince of Wales and Charles Regent of France in the Names of both Kings Commissioners for the English were Sir Reginald de Cobham Sir Bartholomew Burghersh Sir Francis Hale Banerets 1 Rot. Fran. 34 Ed. III. M. 11. Dors The famous Treaty of Bretigny Sir Miles Stapleton Sir Richard la Vache and Sir Neel Loring Knights with others of the King's Council On the French Party were the Elect of Beauves the Chancellor Charles Lord Momerency Monsieur John de Meingre Marshal of France Monsieur Aynart de la Tour Lord of Vivoy Monsieur Ralph de Ravenal Monsieur Simon de Bucy Knights Monsieur Stephen de Paris and Peter de la Charite with many others of his Council named by King John himself These Commissioners on both sides 2 Mezeray f. 380. A Peace made in 8 days met the first of May at Bretigny aforesaid within a Mile of Chartres and concluded upon all the Articles of this Peace in eight Days time which do here follow Translated from the French with Notes where they were afterwards altered and corrected by the Two Kings at Calais Edward Eldest Son 3 Rot. de Tract at pacis Fran. 34 Ed. III. M. 10. See also Leibnitz Codex juris Gentium from f. 208 to f. 220. to the King of France and England Prince of Wales Duke of Cornwal Earl of Chester To all those who shall see these Letters Greeting We make you know That all the Debates and Disorders whatsoever moved or stirred between our Lord and Father King of France and England on the one Part and our Cousins the King his Eldest Son Regent of the Realm of France and all those it may concern on the other Part. For the Good of Peace it is Agreed the 8th Day of May 1360. at Bretigny near Chartres in the manner following 1. First 4 Ibm. That the King of England with what he holds in Gascogne and Guyen shall have for him and his Heirs for ever all those Things which follow to hold them in the same manner the King of France or his Son or any of his Ancestors Kings of France held them That is to say Those in Soveraignty in Soveraignty and those in Demain in Demain according to the time and manner
hereafter declared The City Castle and Earldom of Poictiers with the whole Land and Country of Poictou together with the Fief of Thouars and Land of Belleville the City and Castle of Xaintes and the whole Land of Xaintonge on this side and beyond the River of Charente the City and Castle of Agen and the Land and Country of Agenois the City and Castle and whole Earldom of Perigort and the Land and Country of Perigeux the City Castle and whole Earldom of Limoges the Land and Country of Limozin the City and Castle of Cahors and the Land and Country of Cahorsin the City and Castle and Country of Tarbe and the Land and Earldom of Bigorre the Earldom Land and Country of Gaure the City and Castle of Angolesm and the Earldom Land and Country of Angolesmois the City and Castle of Rodes the Land and Country of Rovergne And if there be any Lords as the Earl of Foix the Earl of Armagnac the Earl of Lisle the Earl of Perigort and Viscount of Limoges or others which hold any Lands within the Bounds of these Places they shall do Homage to the King of England and all other Services and Devoirs due by reason of their Lands in the same manner they did in times past The First Article was corrected and in instead of the Words Those in Soveraignty in Soveraignty were inserted these Those in Fee in Fee 2. Also the King of England shall have all that any of the Kings of England anciently held in the Town of Monstruel upon the Sea with their Appurtenances 3. Also the King of England shall have all the County or Earldom of Ponthieu entirely save and except That if any thing of the said County or Appurtenances have been alienated by the Kings of England for the time being and to other Persons than the Kings of France the King of France shall not be obliged to render them to the King of England And if the said Alienations have been made to the Kings of France for the time being without mean and he doth possess them at present they are entirely to be released to the King of England except the Kings of France had them by Exchange for other Lands of the Kings of England then both were to release But if the Kings of England for the time being had alienated any thing to other Persons than to the King of France and afterwards they came into his hands he shall not be obliged to render them Also if the things abovesaid owe Homage the King of France shall convey them to others who shall do it for the King of England And if they do not owe Homage the King of France shall appoint a Trustee or Tenant to perform the Devoir within one Year after he shall part from Calais 4. Also the King of England shall have the Castle and Town of Calais the Castle Town and Seigneurie of Merk the Towns Castles and Lordships of Sangate Colongue Hames Wale and Oye with Lands Woods Marshes Rivers Rents Lordships or Seigneuries Advowsons of Churches and all other Appurtenances lying between the Meeses and Bounds following That is to say from Calais by the Course of the River that goes before Graveling and also by the Course of the same River round about Langle and by the River which goes beyond the Poil and by the same River that falls into the great Lake of Guisnes and so to Fretun and from thence by the Valley about the Hill Calculy inclosing that Hill and so to the Sea with Sangate and all the Appurtenances 5. Also the King of England shall have the Castle Town and County or Earldom of Guisnes with all the Lands Towns Castles Forteresses Places Men Homages Lordships Woods Forests and the Rights of them as intirely as the Earl of Guisnes lately dead had them at the time of his death and the Churches and good People being within the Limits of the County of Guisnes of Calais and Merk and other Places abovesaid shall obey the King of England as they obeyed the King of France or Earl of Guisnes for the time being All which things of Merk and Calais contained in this and the precedent Article the King of England shall hold in Demain except the Heritages of the Churches which shall remain to them intirely where-ever they be and also except the Heritages of other People of the Country of Merk and Calais lying out of the Town of Calais to the value of an Hundred Livres of yearly Rent or under of Current Money of the Country which shall remain to them But the Habitations and Heritages being in the Town of Calais with their Appurtenances shall be to the King of England in Demain to dispose of them at his pleasure and also the Inhabitants in the County Town and Lands of Guisnes shall enjoy all their Demains intirely and shall wholly be returned to them saving what hath been said concerning the Borders Meets and Bounds in the precedent Article 6. Also 't is agreed the King of England and his Heirs shall have and hold all the Isles adjacent to the Lands Countreys and Places before named together with all other Isles which he holds at present 7. Also 't is agreed the King of France and his Eldest Son the Regent for them their Heirs and Successors as soon as they can without deceit and at furthest by the Feast of St. Michael in one year after the same Feast next coming shall render tranfer and deliver to the King of England his Heirs and Successors all Honours Obediences Homages Ligeances Vassals Fees Services Recognisances Mere and Mixt Empire and all manner of Jurisdiction high and low Resorts Safeguard Collations and Patronages of Churches and all manner of Seigneuries and Soverainties and all the Right they have or can have appertains or can appertain to them by what Cause Title or Colour of Right soever or to the Kings and Crown of France by reason of the Cities Counties Towns Castles Lands Countreys Isles and Places before named and all their Appurtenances and Dependances and every one of them where-ever they are without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France And also That the King and his Eldest Son should send their Letters Patents to all the Arch-Bishops Bishops and all other Prelates of Holy Church and to the Earls Viscounts Barons Noblemen Citizens and others of the Cities Lands Countreys Isles and Places before-named that they should obey the King of England and his Heirs and their certain Command in the same manner they had obeyed the Kings and Crown of France and by the same Letters they should quit and absolve them after the best manner they could from all Faiths Homages Oaths Obligations Subjections and Promises made by any of them to the Kings and Crown of France in what manner soever This Article was corrected The Word Resorts being left out in the Correct Copy and these Words or Sentence and all manner of
Person of the Kingdom Males and Females above the Age of Fourteen Years except very Beggers and desire to be excused they could give no greater Subsidy The Issue of Edward III. by Philippa of Haynalt HIS Eldest Son was Edward of Woodstock so called because born 1 Wals Hist f. 130. n. 40. Hypod. Neustr f. 510. n. 50. there June 15. 1329. or 1330. He was Prince of Wales and Married Joan Countess of Kent called for her great Beauty The Fair Maid of Kent She was Daughter to Edmond of Woodstock sixth Son of Edward I. but second by his Queen Margaret Sister to Edmond Son of Edmond of Woodstock and Sister and Heir to his Brother John who both died without Issue 2 Sandf Geneal Hist f. 184 215. She was first Married after the 25th Year of her Age and 26th of Edward III. to Sir Thomas Holland Knight of the Garter and in her Right made Earl of Kent by whom she had Issue two Sons Thomas Earl of Kent and John Duke of Excester He died Decemb. 26. in the 34th of Edward III. 1360. And her Second Husband was William Montague Earl of Salisbury from whom she was in a short time Divorced by Consent With this Lady the Prince fell in Love and was Married to her in the 31st Year of his Age and 35th of his Father's Reign 1361. By 3 Wals f. 180. n. 30. A. D. 1365. her he had first Edward of Engolesm so called because there born who died in the 7th Year of his Age. His second Son by her was Richard of 4 Ibm. f. 181. lin 5. A. D. 1366. Burdeaux so also called because born there succeeded his Father as Prince of Wales and his Grandfather in the Kingdom by the Name of Richard II. William of 5 Hypod. Neustr f. 512. n. 30. Hatfield Second Son of Edward III. born there 1336. in the 10th of his Father's Reign who died very young The Third Son of King Edward and Queen Philip 6 Ibm. f. 513. n. 30. was Livnell born at Antwerp Created Duke of Clarence and Married to Elizabeth de Burgh Daughter and Heir of 7 Sandf ut supra f. 219. 222. William de Burgh Earl of Vlster Lord of Clare Canaught and Trim by whom he had only one Daughter named 8 Ibm. Philippa She was by her Grandfather after the Death of her Father at the Age of 13 Years Married to Edmond Mortimer Earl of March and Lord of Wigmore in the 42d of Edward III. 1368. by whom she had Roger Mortimer their Eldest Son and Heir to both their Honours and Titles who left 9 Ibm. f. 225. Edmond Mortimer his Son and Heir Earl of March and Vlster Lord of Wigmore Clare Trim and Canaught and True Heir to the Crown of England after the Death of King Richard II. He died without 1 Rot. Parl. 39 Hen. VI. n. 18. Issue as also his Brother Roger and Sister Alianor leaving Anne their Sister sole Heiress to her Father Roger Mortimer and Brother to Edmond The Fourth Son of 2 Wals f. 148. n. 10. Edward III. and and his Queen Philip was John of Gaunt born there He was first Earl of Richmond and afterwards Duke of Lancaster He Married Blanch the Daughter and Coheir of Henry Duke of Lancaster with Maud her Sister by whom he had his only Son and Child Henry Earl of Derby Duke of Hereford and Lancaster called Henry IV. King of England After the Death of Maud without Issue he in Right of Blanch enjoyed all the vast Estate of her Father Henry Duke of Lancaster with his Titles and was then in the 36th of Edward III. advanced to the Title of Duke of Lancaster c. Dugd. Baron Tome II. Fol. 115. Col. 1. The Fifth Son of King Edward and Queen Philip was 3 Hypod. Neustr f. 514. n. 50. Edmond of Langley a Mannor near St. Albans in Hertfordshire where he was born by his Father made Earl of 4 Sandf ut supra f. 357. Cambridge and by King Richard II. 6 Ib. f. 358. was Created Duke of York He Married 7 Ib. f. 360. Isabel younger Daughter and Coheir of Peter King of Castile by whom he had Edward his Eldest Son who died 8 Ib. f. 365. without Issue He had also by her Richard Earl of Cambridge called of Coningsburgh a Town of that Name in Yorkshire 9 Brooks Catalogue of Hon. He Married Anne Mortimer above-mentioned by whom he had Richard Duke of York and Earl of Cambridge 1 Ibm. who Married Cecilie Nevil the youngest Daughter of Ralph Earl of Westmerland by whom he had Henry his Eldest Son who died young and Edward his second Son Duke of York and afterward King of England by the Name of Edward IV. William of 2 Sandf ut supra 178. Windsor a second of that Name William was their Sixth Son who died so young as there is nothing memorable left of him The Seventh and Youngest Son of Edward III. and Queen Philip was 3 Ibm. f. 227. Thomas of Woodstock there born Duke of Gloucester He Married Elianor the Eldest of the two Daughters and Heiress of Humphry de Bohun Earl of Hereford c. The Eldest Daughter of King Edward and Queen Philip was 4 Ibm. Isabel Lady Coucy and Dutchess of Bedford Married to Ingelram Lord of Coucy and Earl of Soyssons who by her Father was Created Earl or Duke of Bedford Their Second Daughter 5 Ib. f. 179. Joan had the Title of Queen of Spain she was by Proxy Married to Alphonso King of Castile and Leon and conveyed into that Country and not long after died of the Plague Their Third Daughter 6 Ibm. was Blanch de la Tour so named because born in the Tower of London she died an Infant Mary their Fourth Daughter 7 Ib. Hypod. Neustr f. 516. lin 9. Dutchess of Britan was Wife of John Montfort Duke of Britain in France Margaret their Fifth and 8 Sandf ut supra Youngest Daughter was Wife to John Hastings Earl of Pembroke A CONTINUATION of the Compleat History of England c. King RICHARD the Second KING Edward the Third 1 Rot. Clause 1 Ric. II. M. 45. A. D. 1377. died June 21st Anno Domini 1377 and this young King his Grandchild succeeded him in the Eleventh year of his Age when it King Richards Coronation was agreed he should be Crowned on the 16th of July following John King of Castile and Leon Duke of Lancaster came before King Richard and his Council and claimed as Earl 2 Ibm. Three Offices claimed by the Duke of Lancaster of Leicester the Office of Steward of England as Duke of Lancaster to carry the King 's principal Sword called Curtana on the day of his Coronation and as Earl of Lincoln to be the King's Carver the same day all these Offices he pretended to have in Right of his Wife Blanch then dead and
the Cause of Summons Two ways propounded to deal with the Enemies of the Kingdom further Declaration of the cause of Summons and propounded Two ways to deal with the Enemies of the Kingdom one by making use of the Flemings who offered their Service and the other to close with the profer of Monsieur Despaign or Duke of Lancaster who offered to go into Spain for half a year with 2000 Men at Arms and as many Archers if he might have 43000 l. to pay them for which he would oblige himself to repay either in Money or Service These Matters being of so high a Nature 9 Ib. n. 14. The Commons desire such Lords as they named to Confer with them about their Charge the Commons make their Request to the Lords to have such as they named to Commune with them about their Charge which Request was granted and the Lords Names entered upon the Roll. The Lords and Commons 1 Ib. n. 15. A Fifteenth and Tenth granted upon Conference granted a Fifteenth and Tenth by reason of the great danger the Nation was in for the Defence of it against the great Preparations of the French to be imployed as the King by Advice of his Council and the Lords of the Realm should think fit After this the 2 Ib. n. 23. The Lords inclinable to the Duke of Lancaster's Proposal Duke of Lancaster's Profer came again into Consideration upon which the Question was put to every particular Prelate Earl Baron and Baneret whether they thought his Voyage into Spain with the number of Soldiers propounded would be profitable to the King and Realm or not They thought it might be so only believing the Force too small to make War with so strong a Kingdom At this time 3 Mezeray A D. 1381 1382. great Riots and Tumults in France and Flanders The King of France subdues a great part of Flanders there were great Riots Tumults and Rebellions in France and Flanders The Flemings had driven their Earl out of his Country he applies himself to the King of France as his Sovereign Lord for Relief They crave Assistance of the King of England The King of France marched into Flanders and subdued a great part of the Country The Earl besieged Gaunt which was the Head of the Rebellion and in danger to be taken To prevent the King of France his further Progress in Flanders his Designs against England and his Preparations to besiege Calais as he had been informed 4 Rot. Clause 6 Ric. II. Part 1. M. 4. Dors King Richard offers to go in Person with an Army into France as it is said in the Writ of Summons to another Parlement this year to be held on Monday in the third week of Lent was the chief cause of calling it And the Bishop of London Lord Chancellor declared further the King had offered to go in Person into France with a Royal Army but since that he received news the French had over-run all Flanders except Gaunt and therefore this Parlement was 5 Rot. Parl. 6 Ric. II. Part 2. n. 2 3. called for Advice whether the King should go in Person to the Relief of Gaunt and Recovery of Flanders and how to provide wherewithall for the Performance After the Commons had advised two or three days sur lour charge upon their Charge it being so great and so highly concerned his Person they 6 Ib. n. 8. The Commons pray some Lords named by them to Treat with them prayed the King to grant certain Prelates Earls and Lords named by them to Treat with them about it viz. The Arch-Bishop of Canterbury the Bishops of Ely and Hereford the Earls of Cambridge Stafford and Northumberland the Lords Nevill Fitz-Walter and Cobham The which Prelates Earls and Lords the King granted to Treat with the Commons 7 Ibm. The King granted their Prayer tho it was in his choice to assign them or name others combien que feust est doit estre en le Election de nostre dit seigneur le Roy d'assigner a ce les ditz Prelates Seigneurs issuit nomez ou autres a sa propre nomination altho it was is and ought to be in the Election of the King to assign the Prelates and Lords for this purpose or others of his own proper Nomination When the Commons had 8 Ib. n. 9. The Commons say the ordering of the King's Voyage belongs not to them Treated long with the Prelates and Lords they by James Pickering their Speaker said The King's Passage and the Ordaining of his Voyage or any other great Voyage belonged not to them but to the King himself and Lords yet 9 Ib. n. 10. But they say neither he nor any of his Three Uncles ought to leave the Kingdom at that time by way of Advice and not by Counsell seeing what Troubles were in every part of the Land and that the Accord and Truce with the Scots were near at an end and they were raising great Force toward the Borders and it being doubtful whether they would now comply with any Proposals of Peace or Truce unless driven to it they thought neither himself nor any of his Three Vncles of Lancaster Cambridge or Buckingham could be spared out of the Kingdom until that and the Borders aforesaid were well quieted and settled But advised him to accept of the Bishop of Norwich his 1 Ib. n. 11. They advise the King to accept the Bishop of Norwich his offer for the Relief of Flanders profer of raising 3000 Men at Arms and 3000 Archers well mounted to Relieve Gaunt Reduce Flanders and afterward to War in France upon condition he might have the Fifteenth and Tenth granted by the Layety and Clergy and the 2 s. per Tun upon Wine and Sixpence in the Pound upon Goods for the Guard of the Sea The 2 Ib. n. 19. They pray the King certain Lords might be assigned to be about his Person to advise him c. Commons pray the King That for his Honour and Profit and the Quiet and Comfort of themselves of his great Grace he would please to Command that certain Lords might be assigned to be about his Person of the most Wise Honest and Discreet Persons of the Kingdom to advise and counsel him and further That he would please by advice of the Lords so to order his Houshold that he might live upon the Revenues of his Realm and that the Subsidy of Wooll Money arising from Wards Marriages and Escheates might be imployed to support the War c. The King 3 Ibm. The King's Answer answered That he would take such sufficient Persons Lords and others about his Person as seemed to him most for his Honour and Profit and as to the Government of his House it should be done by the Advice of the Lords and others of his Council in such good order as should seem best saving his Honour The Bishop of Norwich 4 Ib. n. 20.
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as
Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His
excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
intent upon this Business 5 Ibm. The King of Scots Confederates with the K. of France he had certain Information That the King of Scots with his Prelates Earls Barons and other Noblemen Communities of Cities and Towns and others of the Chief Inhabitants of the Kingdom had made a Confederacy and League with the King of France against him Sealed with both their Seals and Counter-changed 6 Ibm. For Dispatch whereof the King of Scots at the Instance of his Bishops Earls c. sent four Procurators or Commissioners William Bishop of St. Andrews Matthew Bishop of Dunkeld John de Soules and Ingram de Vmfreville the Sum of the League was First That Edward King John's Son should Marry the Daughter The Articles of the Confederacy of Charles of Valois Earl of Anjou the King of France his Brother Secondly That the King of Scotland in the present War should assist the King of France against the King of England and all Confederates as well by Sea as Land against the Emperor of Germany and others Thirdly That he should at his own Charges make War against the King of England when he was Employed in or Diverted by War in other Places Fourthly That as well the Earls 6 Ibm. Barons Prelates and other Noblemen as far as of right they might and also the Communities of ths Kingdom of Scotland should as soon as they could send him their Letters-Patents under their Seals of their Consent to these Things Fifthly That if the King of England Invaded Scotland the King of France was to make War upon him in other Parts to divert him or if required to send Forces into Scotland at his own Charges until they came there Sixthly That if the King of England went out of his Kingdom or sent many Forces abroad the Commissioners promised that especially in this Case the King of Scotland should enter England with his whole Power as far as he could making War in the Field besieging Towns wasting the Countries and by all possible ways Destroying England Sevently That they should not make Peace on either side without the Consent of the other The League it self and the Procuratory-Letters are to be found in this Record and in Hen. de Knighton Col. 2473. Toward the 7 Ibm. King Edward goes to Newcastle time appointed the King of England prepared for his Journey to Newcastle and sent before him the Abbots of Newminster and Wellebeck to the King of Scots to give him notice of the Adjornment and time of his coming by whom he also Demanded certain Castles in the Marches to be Delivered to him for his own and Subjects security from the present Dangers which when past he should Receive again and that he might so Receive them without Difficulty he sent by the Abbots his Obligatory-Letters for the Performance of his Promise On the First of 8 Ibm. The King of Scots came not March 1296 and the 24th of his Reign the King was at Newcastle and staid there many Days Expecting the King of Scots he came not the King of England moved nearer Scotland to Banburgh and War where he also Summoned and Expected him for some time yet he neither came nor sent to Excuse himself but Returned the Homage and Fealty for himself and all others of the Kingdom to King Edward and Defied him by the After a second Summons he Defies him Following Instrument or Writing TO the 9 9 Ibm. Hen. de Knighton Col. 2477. The Instrument by which he returned King Edward his Homage and Defied him Magnificent Prince Edward by the Grace of GOD King of England John by the same Grace King of Scotland Whereas you and others of your Kingdom you not being Ignorant or having cause of Ignorance by your violent Power have Notoriously and Frequently done grievous and intolerable Injuries Contempts Grievances and strange Damages against us the Liberties of our Kingdom and against God and Justice Citing us at your pleasure upon every slight Suggestion out of our Kingdom unduly Vexing us seising our Castles Lands and Possessions in your Kingdom unjustly and for no fault of ours taking the Goods of our Subjects as well by Sea as Land and carrying them into your Kingdom Killing our Merchants and others of our Kingdom carrying away our Subjects and Imprisoning them For the Reformation of which things we sent our Messengers to you which remain not only unredressed but there is every Day an addition of worse things to them For now you are come with a great Army upon the Borders for the Disinheriting us and the Inhabitants of our Kingdom and proceeding have inhumanely committed Slaughter Burnings and violent Invasions as well by Sea as Land We not being able to sustain the said Injuries Grievances and Damages any longer nor to remain in your Fealty or Homage extorted by your violent Oppression we Restore them to you for our Self and all the Inhabitants of our Kingdom as well for the Lands we hold of you in your Kingdom as for your pretended Government over us 1 Ibm. Knighton says this Letter was without Date 2 Walsingham 1 Ib. 2. f. 66 n. 20. says it was sent about the beginning of April when the Guardian and Lector of the Frior Minors of Roxburgh brought it to the King Before this Restitution of Homage and Fealty the Scots sent 3 Knighton ut supra col 2477. n. 20. to Rome to have Absolution from their Oaths and Homage and upon false Suggestions made to Pope Celestin they were absolved by his Bull. Deinde Scoti miserunt ad Curiam Romanam pro absolutione habendâ de Juramento suo praestito Regi Angliae de Homagio suo illi facto per falsam suggestionem factam Celestino Papae sunt absoluti per Bullam Papalem This is a true Abstract of the 4 In fine Rotuli Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Chamberlains of the Exchequer in the 3d Treasury at Westminster in a long Painted Box in a great Wooden Chest the Original Roll or Record of the Superiority of the Kings of England over the Kingdom of Scotland and of the Homages and Fealties of the King and Kingdom of Scotland in the 19th 20th 21st 22d 23d of Edward the First A. D. 1291 1292 1293 1294 1295 containing 34 Membranes or Skins of Parchment drawn up by Andrew sometimes Clerk to William de Tang and Publick Notary by the Popes Authority who was present with the Witnesses to every Act who were the best Men of both Kingdoms heard and saw the things done and signed every Membrane with his usual Mark or Sign now remaining in the Tower of London and Printed at large from the Roll in Mr. Pryn's Second Volume of the History of King John Henry III. and Edward I. Not known to any of our Historians and therefore the Truth of these Transactions not understood which makes a considerable part of the History of his Reign And this Record
Summoned by our Lord the King of England or his Heirs and we shall not know of any Damage done to them but we will hinder it to the utmost of our Power and shall Discover it to them And for the performance of this we bind us and our Heirs and all our Goods and further have Sworn it upon the Holy Gospels In Witness whereof we have caused these Letters Patents to be made and sealed with our Seal Given at Roxburgh the 13th day of May in the 24th year of the Reign of our Lord the King of England All the Bishops and other Ecclesiastick Prelates Abbats and The same Submission and Renunciation of the whole Kingdom of Scotland Convents Priors Friers Parsons Vicars Abbesses Nuns Earls Barons Knights Citizens Burgesses Aldermen Communalties of Cities and Burghs and other Commoners or Inhabitants in Scotland Recorded and Named in four 5 Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title De Juramentis homagii fidelitatis Edwardo Regi Angliae nominatim praestitis per unamquamque individuam personam Regni Scotiae Of the Oaths of Homage and Fealty made to Edward King of England by every individual Person of the Kingdom of Scotland by Name made the same Submission Renuntiation and Oath at several Places and several Times and made their Letters Patents of it especially in the Parlement holden 6 Ib. Pecia 20 21 c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary or 22d of August in the year from the Nativity of our Lord 1296 by the Consent of the Noblemen and Prelates of both Kingdoms These Rolls were not delivered unto the Kings Keeper of his Rolls 7 Claus 34. Ed. 1. Dors 91 until the 34th of his Reign and they were drawn up by the same Notary Andrew before-mentioned who was present heard and saw what was done as 't is Recorded at the end of the Roll Pecia 35 And the same Instrument of Homage and Fealty with the Chamberlains of the Exchequer in the 3d Treasury at Westminster with other Things and Instruments in small Boxes in great Wooden Chests This done 9 Walsingh f. 68. n. 10. n. 30 40. King Edward appoints a Governor of Scotland and other Officers there He sends John Baliol to the Tower c. King Edward caused the Stone used by the Kings of Scotland as a Throne to be brought to Westminster appointed John Warren Earl of Surrey and Sussex Governor of Scotland Hugh de Cressingham Treasurer and William Ormesby Justitiary sent King John Baliol to the Tower of London where he was decently attended and the Noblemen of Scotland which he brought into England were forbidden to pass the River Trent under forfeiture of their Heads From Scotland we are to return to England and France where we find the Peace between them which had continued for some time broken The Quarrel at first began between the 1 Mat. West f. 419 420 421 c. Walsingham f. 57. n. 50. c. A. D. 1291 1292 1293 1294 c. Peace broken between France and England English and French Seamen who plundered one anothers Ships and seised them where-ever they met at Sea or in Harbour from single Ships they brought Fleet against Fleet each side complained to their Kings and Satisfaction was demanded on both sides Several Endeavours were used to Compose these Differences the Two Queens of France Consort and Dowager mediated a Peace and were forward in it The Pope sent Two Cardinals to the Two Kings to the same purpose divers Means were contrived for Satisfaction on both parts but none took effect The King of England offered an Interview or a Reference to Commissioners to end all Controversies and adjust the Losses and Damages of the Subjects of both Nations but neither was accepted The King of France charged him That The Charge against King Edward his Subjects and Merchants were Robbed spoiled of their Goods and imprisoned by his Consent and also with Contempt and Rebellion in denying his Superiority and Dominion in Aquitain For which he peremptorily 2 Mat. West f. 419. n. 40. the Writ or Citation it self which is very long He is Cited to appear at Paris And upon non-appearance adjudged to have forfeited his Lands in France cited him to appear at Paris Twenty days after Christmas-Day to answer what should be objected against him to stand to the Law and hear Judgment King Edward neglected the Citation or Summons and was by the Vniversal Sentence of the Peers adjudged to have forfeited all his Lands in France and the Constable was sent with an Army to take possession of that Dukedom Upon this seising of Gascony King Edward 3 Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parlement after Whitsunday next following in which it was Resolved to Recover Aquitain or Gascony by Force and Arms whereupon * Ib. n. 50. he sent the Arch-Bishop of Dublin and the Bishop of Durham with other Great Men to the Emperor of Germany called then King of Almain to make an Alliance with him against France and for 100000 l. Sterling paid unto him a good Sum in those days the King and Emperor became acquainted who were scarce known to one another before all Difficulties between them were overcome and great Things were expected from this Alliance The King intending to pass into France with an Army was detained at Portsmouth by * Ibm. f. 422. n. 10. contrary Winds from Midsummer-day to the Exaltation of Holy Cross i. e. the 14th of September On the Vigil of St. Mathew the Apostle he called another 4 Ib. f. 422. n. 30. Parlement or happily this might be the same wherein to support the War the Clergy granted a Moyety of their Benefices and Goods at three Payments whereof the first to be at the Feast of All-Saints next coming the second Fifteen days after Easter and the third Fifteen days after Midsummer the Writ appointing the Collectors in the Diocese of Canterbury bears Date Septemb. 30 and is to be found amongst the Records of Trinity-Term 22 Ed. I. Rot. 68 with the King's Remembrancer in the Exchequer On the 5 Claus 22. Ed. I. M. 6. Do s A Tenth granted by the Laity the first day of the Parlement Morrow after St. Martin or the 12th of November next following the Earls Barons Knights c. gave a Tenth part of their Goods on this very first day of the Parlement and the Commissions to the 6 Pat. 22. Ed. I. M. 2. in cedula The Citizens c. pay a Sixth part Taxors and Collectors of it are Dated the same day The Citizens Burgesses and Tenents of the King's Demeasns paid a sixth part of their Goods but not granted in Parlement there were Commissioners sent unto every City Burgh and Town of his Demeasns 7 Inter Recorda 23 Ed. I. n. vel
than Eternal Majesty they acquiesce in such Abuses without Authority from the Apostolic See We therefore desiring to obviate such Acts with Advice of our Brethren by Apostolic Authority do Ordain That those Prelates Ecclesiastics Religious or Secular of what State Order or Condition soever they be who shall Pay or grant to Pay any Taxes or Impositions an Half a Tenth Twentieth an Hundredth or any other Part or Portion whatever of the Revenues of their Churches or Goods to Lay-men under the Name of an Aid Assistance Lending or Gift or under any other Pretence or Colour whatsoever without the Authority of the same See Also those Emperors Kings Princes Dukes Earls Barons Great Men Captains Officers and Governors by what Names soever they are known or any other of what State or Condition soever that shall Impose Exact or Receive such things or shall Arrest Seize or presume to take the Goods of Ecclesiastics deposited and secured in Churches or that shall Command them to be Arrested Seized or Taken likewise all who Knowingly shall give any Advice Assistance or Favour in these Matters for that very Thing and in that Moment shall incur the Sentence of Excommunication The Communities or Vniversities or Bodies-Politick that shall be Guilty of these things we put under Ecclesiastic Interdict strictly commanding the Prelates and Church-men by Virtue of their Obedience and under pain of being Deposed that they acquiesce not in these things without Express Licence of the said See And that under Pretence of any manner of Obligation Promise or Concession now made before this Constitution Prohibition or Precept shall come to their Knowledge or afterwards they shall not Pay or the foresaid Seculars Receive any thing any manner of way And if they do Pay or the others Receive that very Moment in doing it they shall fall under the Sentence of Excommunication nor shall they be absolved from Excommunication or Interdict without special Licence and Authority from the Apostolic See unless at point of Death For we intend not by Dissimulation to pass by such an horrid Abuse of the Secular Powers Notwithstanding any Privileges under any Tenor Form or Conception of Words whatever Granted to Emperors Kings and others abovesaid which we will not shall any way help him or them against the Premisses Therefore no Man may lawfully Dare to do any thing contrary to this Constitution Prohibition or Precept Dated at St. Peter's in Rome the 6th of the Kalends of March in the Second Year of our Pontificate That is February 24th 1296 in the 24th of Ed. 1. Notwithstanding the Clergy denied the King an Aid according to this Papal Prohibition yet he proceeded in his War and made 6 Confederatio inter Regem Comitem Flandriae pat 25 Ed 1. Part. 1 M. 18. The Confederacy between K. Ed. and the E. of Flanders a Confederacy with the Earl of Flanders against the King of France Complaining That he being a Peer of France and in Homage to the High and Puissant King Philip he oppressed and used him according to his own Will contrary to Reason Justice and his own Desert and therefore because he was so Strong and Powerful not acknowledging any Superior by Advice of his Prelates Earls and Barons he made Alliances and Covenants with his Friends to endure from that time forward for Ever a touz jours perpetuelement and particularly with the Earl of Flanders First That if the King of France or his Heirs should make War The Articles upon him or his Heirs then the King of England should Aid and Assist him against the King of France and all his Assistants by his Allies beyond Sea and by his own Subjects Faithfully and according to his Power Secondly That the Earl of Flanders and his Heirs Earls of Flanders and their Allies should Aid the King of England his Heirs and Allies in the same manner and that within two Months after notice from the King of England in this present War he was to make upon the King of France Thirdly That neither the King of England nor his Heirs nor the Earl of Flanders and his Heirs should make Peace Truce or Sufferance i. e. Cessation of Arms with the King of France and his Heirs without the Assent Grant and Consent of each other Fourthly That the Earl of Flanders might better and more surely sustain and undergo so great an Affair and so great a War as he had Covenanted to do against the King of France his Allies and Assistants Et pur ceo que cuens de Flandres peust mieuz plus surement sustenir endurer si grant bensoign si grant fais de Guerre come il convendra contre le Roy de France é ses Alliez é ses Aidantz King Edward granted for him and his Heirs to the Earl of Flanders and his Heirs every Year during the War Sixty Thousand * Four of these Livres made a Pound Sterling so that this was the value of 15000 l. Sterling Livres of Black Turnois or other Current Money at Two Payments within the Earldom of Flanders Chescun an Durant le susdit Guerre seissante Mile Livres de Turnois Noirs c. at every Payment Thirty thousand Livres the First to begin at Christmas 1297. an Noel qui serra l'an de Nostre Seigneur Mil deux centz quatre vintz é Diseseptz and the Second at the Nativity of St. John Baptist following These Payments were to endure so long as the War should endure Fifthly That these Alliances made between them might no ways be defeated neither by the Command of or Purchase from the Pope or any other nor for any thing that might be any ways Obtained or Granted without their joint Consent Ne par Commandement ne par purchaz D'Apostoille ne d'autri ne pur choise qui sait impetree ne ottrogee c. and if any thing was obtain'd it was agreed on both Parts to Reject and not use it For the Faithful Performance of this Agreement King Edward solemnly Sware to the Earl of Flanders by his Proxies Monsieur Hugh le Despenser and Monsieur Walter Beauchamp Steward of his Houshold And by that Oath he further Agreed and Covenanted with the Earl of Flanders That his Son Edward when he was of Age should Grant Agree to and Confirm this Form of Alliance and Confederacy Which was Dated at Ipswich and Sealed with his Seal on the Morrow of Epiphany or the 7th of January 1296. in the 25th of his Reign Et pur ce totes ces choses soinet plus seurez tenuz Gardez mieux plus fermement nous en noun de sovenance de Tesmoignage avous cestes presentes Letters fait seale◠de nostre Seal Les queles jurent faites Donees a Gippewiz lendemain de la Epephany l'an de Grace Mil deux centz quatre vintz sesse de nostre Regne vintisme quint. The Record is long and Tautological but this is the very Substance of it
Grey Justiciary of Chester to give notice to all those in their several Bailiwicks or Counties that had 20 l. per Annum or above as well within Liberties as without whether they held of him in Capite or not to provide themselves with Horse and Arms and to be ready to go with his own Person for the Defence of themselves and whole Kingdom whensoever he should send for them Witness the King at Plympton the 5th day of May in the 25th of his Reign On the 15th of May for the Dangers and Perils that might happen to him and his Kingdom by the Treachery of his Enemies reciting the former Warrant and having appointed the time of his passage beyond Sea he 2 Append. n. 27. Of whomsoever they hold to pass with his Body beyond Sea commanded all the Sheriffs of England and Reginald de Grey to summon all that had 20 l. per Annum of whomsoever they should hold the same to be with him at London provided with Horse and Arms as they ought to be on Sunday next after the Octaves or Eight days after St. John Baptist to pass with his Body beyond Sea to the Honour of God of himself and their selves for the safety and common Profit of the Kingdom Witness the King at Loders in Dorsetshire the 15th of May in the 25th of his Reign At the same time he sent his 3 Ibm. He summons his whole Military Service to go with him Warrants to the same Persons to summon the Arch-Bishops Bishops Abbats Priors and other Ecclesiastick Persons and also Widows and other Women within their Counties that held of him in Capite by Military Service or Serjanty or of Wards in his Hand or Tuition to be at the same time and place with their whole Service of Horse and Arms to pass with his Body c. Witness as above Then also he wrote 4 Ibm. And writes to all the Earls Barons and Bishops particularly to be ready to Edmund Earl of Cornwall reciting his first Writ c. to be ready with Horse and Arms at the same time and place to pass with his Body c. Witness as above In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England To Humfry Bohun Earl of Hereford and Essex Constable of England To William Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel Robert de Ver Earl of Oxford John de Warena Earl of Surry Gilbert de Hunfranvil Earl of Anegos and 122 Barons and great Men there named And after the same manner he wrote to all the Bishops particularly On the 24th of this month the King wrote 5 Ibm. n. 28. again to all the Sheriffs of England and Reginald de Grey Justiciary of Chester to The Sheriffs to certifie all that had 20 l. per Annum in their Counties Execute his former Writ of Summons and to certifie under their Seals the Names of all such as had 20 l. per Annum or above of whomsoever they held it in their Bailiwicks or Counties Witness the King at Portsmouth the 24th of May in the 25th of his Reign While the King was thus preparing for his Voyage 6 Walsingh f. 70. N. 10 20 30 40. The Scots arm under William Waleys their Leader Kill the English the Scots by the Instigation of William Waleys whom they chose their Leader in this Month of May upon the King 's Justitiary William de Ormesby's Banishing many of them that refused to do Homage and Fealty to King Edward armed themselves and Killed all the English they met with practising strange Cruelties upon them which he having notice of laying to Heart the Affliction of his Friends in Flanders for want of his Assistance directed The Earl of Surry sent to Suppressthem He sent Henry de Percy William Waren Earl of Surrey with the Militia beyond Trent to march into Scotland to suppress this Insurrection The Earl raising an Army in the North Parts sent his Nephew Henry de Percy with it into Scotland who marching toward the Scots found the Heads of them the Bishop of Glascow the Steward of Scotland Andrew de Mornia and William Walleys inclineable to Peace upon Condition of the Safety of their Lives and Limbs Lands and Goods so as all things might be Pardoned to that time Henry Who accepts from them Terms of Peace de Percy admitted the Peace upon promise of Hostages and Articles in Writing if it should please the King who made acquainted with the Terms Consented to it that his Voyage might not be hindered When the Earl of Surrey went into Scotland to see the Performance of these things the Scots shifted from time to time delaying to deliver Hostages whereupon the Bishop of Glascow and William Douglas lest they might be thought Traytors yielded themselves the Bishop was secured in Roxburgh Castle and Douglas in Berwick In order to the King's Voyage into Flanders as hath been noted before the Militia was Summoned to meet at London on the Sunday after the Octaves of St. John Baptist which are July the First Mat. Westminster 7 Fol. 430. N. 20 30 40. A. D. 1297. The Earls of Norfolk and Hereford Constable and Marshal refuse to do their Duty and Service says They were summoned to meet on the Morrow of the Translation of Thomas the Martyr i. e. Becket which is July the 8th and may agree with the Record if the First of July that year fell on a Sunday when the Earls of Norfolk and Hereford the Marshal and Constable being Required by the King Refused to do their Duty and Request him to appoint some other of his Houshold to that Service and retired and on the 25th of July 8 he wrote again to all his Ports to send 8 Claus 25. E. 1. M. 9. Dors their Ships to Winchelsey with what speed they could The King no doubt in hopes of a perfect Reconciliation before he went over Sea 9 Append. N. 16. The King restores to the Archbishop of Canterbury all his Lands and Goods wrote to the Sheriffs of Kent Surrey Middlesex Sussex and Essex upon the earnest Request and Mediation of the Prelates of that Province and out of Special favour to Restore to the Archbishop of Canterbury all his Lay-Fees together with his Oxen Carts or Waggons and all other his Goods and Chattels being upon the same in the state they were then in Witness the King at Westminster July the 11th in the 25th of his Reign And that he might extend his further favour to all the Clergy that had submitted and were reconciled he gave a general Protection to them that had not received it before and 1 Ibm. N. 30. He grants a General Protection to all the Clergy wrote to the Sheriffs of London and others at the Request and Prayer of the Archbishop of Canterbury and other Bishops and Prelates of his Kingdom Supplicating him in behalf of the Clergy That they should Maintain Protect
and Defend all the Clergy in their Bayliwics their Tenements Lands Goods Rents and all their Possessions not permitting them to receive any Injury or Molestation in their Persons or otherwise though they had not his Protection Witness the King at St. Pauls London 31st of July in the 25th of his Reign It ought not to be omitted here That notwithstanding the Mortal Enmity and War between the two Kings of England and The King of France Remonstrates against the Pope's Bull prohibiting Taxes France yet King Philip the 4th Published a sharp Remonstrance against the Pope's Bull which caused this Trouble and Contention between the King and Clergy in this Nation in which he strenuously asserted the Rights of his Crown and the Liberties of the Gallican Church which were the very same with those of England The Archbishop of Rhemes with the Suffragans and Abbots of his The Clergy of France join with him Province seconded their King's Remonstrance with a Supplication to the Pope to recal his Bull lest it might break the Peace and Vnity of the Gallican Church and Kingdom as being very Injurious and Grievous to the King and Temporal Nobility and as bringing Scandals nay perhaps Ruine and Destruction to the Nation whereupon Pope Boniface the 8th sent an Explanatory Bull to The Pope explains his Bull for the ease of the King Nobility c. King Philip by which he Declared That his former Bull extended not to voluntary Grants and Aids made by the Clergy nor to Cases of Necessity when Taxes and Contributions were necessary for the Defence of the Kingdom then they might be Raised without consulting the Pope That the King and his Successors provided they were Twenty years of Age might be Judges of the Necessity if not of that Age then their Council and Lastly He Declared that by this Bull or Constitution it was not intended to take away or diminish any Rights Liberties Franchises or Customs of the King Kingdom Dukes Earls Barons or Temporal Nobility whereof they were in Possession before he Emitted that Bull. The Remonstrance Supplication and last Bull Dated at Orvieto or the Old City July 22. in the Third year of his Pontificate A. D. 1297. are to be found in Peter Pithous Proofs of the Liberties of the Gallican Church Printed 1639. Chap. Sect. or Numb 8 9 10. Fol. 1085 1088 1089. By reason of the Clergies Denial to Grant the King a Seasonable and Timely Aid to carry on his Wars he was forced upon Vnwarrantable Courses against the Laws of the Realm 2 Knighton Col. .249 N 60. The K. forced upon Unwarrantable courses to raise Money by Raising the Custom upon Wool from a Noble to Forty Shillings the Sack and ordering the Owners should sell their Wool within a Month at certain Places assigned or they should be forfeited For the Victualling his Army and Ships he took Wheat Oates Malt Salt-Fish and Flesh as Pork Beef Mutton without paying for them as well from Lay-men as the Clergy by which Oppressions the People were very much Grieved and Disturbed being hereby prepared to follow the Dictates of any Projectors against the King It cannot be thought but by this time the Archbishop and his Friends the Constable and Marshal and their Friends understood one another and carried on a joint Design The Causes of the Controversie but just now only mentioned between the King Constable and Marshal and the Reasons of their Refusing to do their Duty their withdrawing from his Presence and from Court with their Denial to return when sent to will best appear from the King's Declaration upon Record sent to all the Sheriffs in England WHereas the King 3 3 Append N. 31. The King's Declaration of the Causes of the Constable and Marshal's refusing to do their Duty and retiring from Court always desiring the Peace Quiet and good Estate of his People and Kingdom after his Voyage which he is now making c. All occasions by which the said Peace and Quiet may be Disturbed shall be wholly taken away But because at this time there may be such Reports raised amongst the People that may cause them to behave themselves otherwise toward their Sovereign Lord then they ought especially since the Earl of Hereford and Earl Marshal have lately withdrawn themselves from him or for other Matters hereupon for that he would have the Affairs of his Realm Vniform and Quiet he makes known and would that all should know the Truth of what follows Lately when a great Part of the Men of Arms of England some upon Request others by Summons of the King came to London the King willing to provide for their Discharge the settling of their Expences and that they might know what they were to do sent to the said Earls as Constable and Marshal of England to come to him for that purpose The Earl of Hereford came and Monfieur John Segrave to Excuse the Earl Marshal that by reason of Sickness he could not come and therefore had sent him in his stead Presently by their assent they were ordered to make Proclamation in the City of London That all those that were come thither either by Summons or Request should on the Morrow appear before the Constable and Marshal to know and be * * This was the proper Business of these two great Officers and without this Ordering and Enrolment the Men at Arms were not assigned the Quantity of their Service Enrolled in what manner and how many of them would serve the King in that Voyage beyond Sea They told the King they would perform the Order as they had received it in Writing But the same day toward Night the Earls sent the King a Message in Writing by Sir John Esturnis Knight in this Form For that Dear Sir You commanded the Marshal by the Constable and by order in Writing that he should cause it to be published in the City That all such as were come by your Summons or Request should be on the Morrow by One of the Clock before the Constable and Marshal at St. Pauls and that they should Enroll so many Horse of one and the other and then to inform you of it Your Constable and Marshal do pray you to Command some other of your Houshold to do it And for that Sir you know well that tho' some are come upon Request and not Summons yet if they do this they should enter upon their Office and do Service Wherefore they pray you to Command others Vpon receipt of this Message and Counsel taken thereupon the King thinking they might have done it unadvisedly sent Monfieur Geofrey de Genevill Monsieur Thomas de Berkeley Monfieur John Tregâ—z Constable of the Tower and Guardian of London Roger Brabazon and Monsieur William de Bereford to advise them Better and that they might so order things as they might not turn to the Prejudice of the King nor their own Estate and if they would not be otherwise advised then
they should ask them if they would avow the Letter sent and the Words contained in it which they did and the King being acquainted with it advising with his Council put in the Place of the Earl of Hereford Constable Monsieur Thomas de Berkeley and in the Place of the Earl-Marshal Monsieur Geofrey de Geneville as they desired whereupon they withdrew themselves from the King and Court and soon after the Archbishop of Canterbury and many other Bishops came to the King beseeching him they might speak with the Earls which the King Granted they sent to them to know where they might come to speak with them they let them know by Letters they should be at Waltham the Friday on the Morrow of St. James They went thither the Earls came not but sent Monsieur Robert Fitz-Roger and Monsieur John de Segrave Knights who said the Earls could not then come for some Reasons On Sunday following the Bishops and two Knights came to the King at St. Albans and at their Requests the Knights had Letters of safe Conduct given them for the Earls to come to stay with and return from the King yet they never came and now 't is given out the Earls offered to the King certain Articles for the common Profit of the People and that he utterly refused them of which the King knows nothing for they never propounded or caused to be propounded any thing to him nor doth he know why they are retired amongst which Articles 't is reported there were certain Grievances which the King understands well as the Aids which he often demanded of the People by reason of his Wars in Gascony Wales Scotland and other where which could not be Maintain'd or his Kingdom Defended without the Assistance of his People of which he thinks often that he should so much grieve and burthen them and prays they would have him Excused and if it please GOD he returns from this Voyage he would have all Men know That according to his great Desire according to the Will of GOD and to the Satisfaction of his People he will amend all things whatever where he ought And if he doth not return he will order his Heir to do it as well as if he had Returned for he knows well that no Man is so much bound to the Kingdom or to love the People as he himself On the other side there is great necessity of his going to assist his Ally the Earl of Flanders and his Passage is so hasty for the Peril his Friends beyond Sea are in which if he should lose the Kingdom might be in great Danger And therefore they should have the Confirmation of the great Charter of the Liberties of England and of the Charter of the Forest if they would Grant him an Aid or Gift such as was Necessary for him at this time and the rather for that upon his going over a lasting Peace might ensue and if he had Refused Articles or any thing else in Hatred and Destruction of his People contrary to the Common Profit of the Realm or that he hath done otherwise against the Earls then is here said he desires no Man to believe him for these are the true Proceedings and the very Truth of things to this time Afterwards he put them in mind what Dangers and Wars may arise from Rumours Stories and Reports raised between the King and his People c. concluding his Declaration That all his good People would pray That his Voyage might have a good End to the Honour of GOD of himself of them and his Kingdom and that a Durable Peace might follow Given at Odymere near Winchelsey the 12th day of August in the 25th of his Reign The King being informed there were Excommunications ready to be Pronounced and Published against his Officers c. sent a Prohibition 4 Append. N. 32. to the Archbishop and all other Bishops to forbear it The King to the Venerable Father in Christ Robert c. The K. forbids the Bishops to publish Sentence of Excommunication against his Officers c. Whereas we have been forced by inevitable Necessity for the Defence of our Kingdom and Hereditary Right invaded by the King of France and other Enemies and for the Preservation and Safety of the English Church and of the Persons of Ecclesiastics and others we have taken from them Grain and other Goods and the same necessity yet compels us to do the like for which Corn and Goods we are resolved to make full Satisfaction and now we understand that you intend to promulge and cause to be published Sentence of Excommunication against our Officers that took them by our Command which if you should do it would manifestly redound to the great and immeasurable Michief of our Crown and Dignity the Scandal of the People and as it may happen the Consequence of it may prove the Destruction of the Church and Subversion of the whole Kingdom We forbid you upon Observation of the Oath of Fidelity by which you are bound to us and upon forfeiture of all you hold of us to publish any such Sentence against our Officers Clercs or Laics or to do any Injury to them especially when we are ready to make Satisfaction Witness the King at Winchelsey the 19th Day of August in the 25th of his Reign King Edward being so far engaged to assist the Earl of Flanders in Person as he could not recede from his Promise and resolved beyond persuasion to do it with what speed he could the Earl now much pressed by the King of France having lost some Towns and being in fear of the Revolt of his People 5 Walsingh Hist Angl f 71. N. 30 40 50. f 72. N 10 20. while he was thus at Winchelsey or Odymer with all possible Expedition providing for his Passage the Earls sent him the following Petitions of his Kingdom in Writing and with this Title These are the Injuries and Grievances which the Archbishops Bishops The Grievances of the whole Kingdom presented to the King Abbots Priors Earls and Barons and the whole Community of the Land do shew unto our Lord the King Humbly beseeching him That for his own Honour and the Safety of his People he would correct and amend them First It seemeth to the Community of the Land That the Summons sent them by the King 's Writ was not sufficient because the Place whither they were to go was not named for according to that they were to prepare themselves and make Provision of Money Secondly Whether they ought to perform Service or not because 't is said in general words the King would pass over into Flanders It seems to the Community that there they ought to do no Service because neither they nor their Predecessors or Progenitors ever performed their Service in that Land And tho' it was so that they ought to do it yet they were not able being so oppressed with Tallages Aids and Takings or Prizes as of Wheat Oates
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
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
Abbots The Names of those Scots Commissioners of Cowper and Menros the Earl of Bohghan Monsieur John de Moubray Mons Robert de Keth Mons Adam de Gurdan Mons John de Inchemartin Earl Patrick who was chosen by the Commonalty to be the Tenth came not and therefore by Command of the King Monsieur John de Monteith was assigned in his stead 6 Ibm. The Settlement of Scotland by those Commissioners and 20 English These with Twenty English there named Treated about the Establishment of Scotland and settled the King's Lieutenant or Guardian the Chancellor Chamberlain Judges and Sheriffs all by Name as well of those that were born in Scotland as English They likewise settled the Coroners the Castles and Constables of Castles They also ordered all things concerning the Laws and Vsages of Scotland concerning the Peace and Disturbers of the Peace and concerning the whole Government And the Title to this Record is Ordinatio facta per Dominum Regem super stabilitate Terrae Scotiae The Ordinance made by the King for the Establishment oâ— Scotland King Edward thinking himself safe by this Establishment The King accuseth the Arch-Bishop c. of Treason thought he had now a time to speak with the Arch-Bishop of Canterbury 7 Chron. Will. Thorn c. 2004. n. 50 60 c. and Antiqâ— Eccles Britan. from the Annals of St. Augustins in Canterbury f. 207. n. 10 20. whom he accused of a Confederacy with certain Earls and Noblemen to Dethrone him and keep him in Prison and Crown his Son Edward which when he could not deny being severely rebuked by the King he fell down at his Feet with great howling and much weeping beseeching Pardon calling the King his Lord which he never did before â—n Speech or Writing 8 Ibm in both So this Proud Man hated of God and Men who with his Pride had Blackened the Priesthood and Clergy of all England Sacerdotium Clerum per totam Angliam sua superbia deturpavit and Exercised an unheard of Tyranny over the People now taken by the King in his own Wickedness conscious of it and affrighted with the fear of Punishment as he lay prostrate on the Ground before the King committed himself and his Goods to his Mercy The King 9 Rot. Rom. 34 Ed. I. M. 10. Walsingh f. 91. n. 50. Mat. Wâ—stm f. 454. n. 10. A. D. 1306. The King prosecutes him before the Pope who suspends him c. Complains of him to the Pope and prosecutes him before him for disturbing the Peace of the Kingdom and causing often Commotions in it defending and incouraging Rebels and intending to Disinherit him for which Crimes at the Instance of the King he was cited by the Pope to his Court and was there suspended from the Execution of his Office ab executione officii sui temporalium atque spiritualium administratione suspensus est whilst he should purge himself of what was objected to him by the King Upon this Suspension the 1 Rot. Rom. 34 Ed. I. M. 5. n. 9. Pope deputed certain Persons to administer the Spiritualities and Temporalities of the Archbishoprick and receive the Profits to his Use As to the last the King 2 Ibm. The same Letter dated at Brudele in Marchiâ— Scotiae Sept. 7. The King would not permit the Pope to re-appoint Receivers of his Temporalities during the Suspension of the Arch-Bishop wrote to him it was to the manifest prejudice of his Crown and Dignity and therefore he had caused them to be seised as he might lawfully and was bound to do by his Royal Right and according to the Custom of the Kingdom Yet tho' the Profits of the Temporalities belonged to the Crown during the Suspension for the particular Affection he had to his Person he was willing and granted that the Guardian thereof should pay them to such as he should assign to receive them Not long after the last Parlement and the Establishment of Scotland made therein and agreed unto by the Scots Commissioners the King made these his Letters Patents according to the former Covenants and Agreements made between Richard Earl of Vlster Aymer de Valence Henry de Percy John Benstede and John Comyn c. in February preceding EDward by the Grace of God King of England Lord of Ireland Râ—yley's Placita Parliam f. 366. Letters Patents for the Establishment of Scotland and Duke of Aquitain to all those that shall see or hear these Letters Greeting For the perpetual Memory of things under-written we let you understand That the People of Scotland after they were in our Homage and Ligeance and bound to us by Oath of Fealty and by their Charts or Writings as strongly as we or our Councel knew how â—â— order and direct by evil Counsel rose and made War against us committing Robberies Burnings Murders Felonies and many other Evils and Mischiefs according to their Power in Scotland and in England contrary to their Homages Fealties and Ligeances aforesaid And afterwards many of them returned to our Faith and Obedience and were received to our Peace and Will and at last John Comyn Lord of Badenagh and the others of his Party came also and were received a nostre pees a nostre foi to our Peace and Faith so as for their Ransoms and Amends for their Trespasses and Outrages only against us and for the Establishment of Scotland esteuessent a nostre ordinance a nostre volunte they should be at our Ordinance and Pleasure We notwithstanding these Contempts Trespasses Outrages and Disobediences of the People of Scotland towards us have been so great and heavy as there cannot sufficient Amends or due Satisfaction be made for them at any time as they themselves acknowledge tho we cannot suffer such Crimes to pass without some Punishment yet seeing those People have behaved themselves well and loyally since our last being in those Parts and for the Hopes we have of their good Behaviour and Service for the future willing to do them special Grace Have granted and do grant their Lives and Limbs shall be safe and that they shall be free from Imprisonment and not Disinherited saving to us always the Lands Tenements and Lordships the Demeasns and Appartenances of the Royalty of Scotland which John Baliol late King thereof gave away and alienated to do our Pleasure with them And we Pardon and Release to the People aforesaid that have submitted and received our Peace and our Faith the Crimes committed against us the Anger Rancour and all manner of ill Will we any ways had against them so as they shall be bound to pay what is ordered by us and our Council solonc nostre dit dictum nostre pronunciacion que sensuent en cest form according to our Decree and Determination which follow in this Form First We Order and Decree that John Comyn and the others The Articles of that Establishment with him which shall come to our Peace and
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
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
should be ready to do all things according to the Protestation he made and also according to the Protestation they made at the time of publishing those Ordinances In the mean time these Ordainers pursued their Designs both open and secret which were much promoted by a 7 Trokelow f. 194. b. Col. 2. f. 195. a. Col. 1. Wals f. 100. n. 20. 30 The Speech of Henry E. of Lincoln before his Death Speech our Historians report to be made by Henry Earl of Lincoln on his Death-Bed to Thomas Earl of Lancaster who had married Alice his Daughter and Heir That God had blessed him with greater Riches then any Nobleman in England and that therefore he was bound before others to honour him and told him He saw the Church of England that was wont to be free now brought into Servitude by the Oppressions of the Romans and unjust Exactions so often How Holy Church was oppressed c. Extorted by Kings Cernis jam occulata fide Quod Ecclesia Anglicana quae solebat esse libera per oppressiones Romanorum injustas Exactiones a Regibus toties Extortas nunc facta est ancilla and the People also which were wont to enjoy many Liberties were brought into the same Condition by divers Tallages and Vexations imposed on them by Kings Adjuring him by the Blessing of God and his own That when he had an Opportunity he should Free and Defend the Church and People from such Oppressions for the Honour of God That he should pay all due Honour and Reverence to the King that was his Lord yet cause him to remove from his Court Evil Counsellors and Strangers ut malos Consiliarios Alienigenas à Curia sua amoveat and effectually to observe the Tenor of Magna Charta and other Articles i. e. the Ordinances Demanded by and Granted to the Clergy and Laity and that in order to the accomplishing these things he should contract a strict Alliance with Guy Earl of Warwick who better understood them then any other Having ended his Speech says 8 Ut supra N. 50. 50. Thomas Earl of Lancaster and his Adherents resolve to Relieve Holy-Church c. Walsingham he took his Leave of the World and after his Funeral Thomas Earl of Lancaster with his Adherents Humfrid de Bohun Earl of Hereford Aymer or Adomar de Valentia Earl of Pembroke Guy Beauchamp Earl of Warwick and the Earl of Arundel and other Barons which the Historian thought too many to name with the Earl of Warren and Surry who enclining toward the King was brought off to the Party by the Archbishop of Canterbury undertook to Relieve Holy Mother-Church from Oppression and recover the due Liberty of the Kingdom Thomas Earl of Lancaster 9 Ibm. The Earl of Lancaster chosen General of the Party was chosen their Captain or General who by common Agreement sent to the King then at York Beseeching him either to Deliver Piers Gaveston to them or as it had been Ordained command him to avoid the Kingdom 1 Ibm. f. 101. ◠1. a. Who demand of the King to deliver Gaveston to them c. He took little notice of their Request The King took small notice of their Supplications left York and went to Newcastle upon Tine where he continued until the Feast of the Ascension the Queen being at Tinmouth The Lords 2 Ibm. n. 10. The Lords Arm. The K goes to Newcastle with Gaveston Arm raise an Army and with all speed march towards Newcastle not that they would offer Injury or create Trouble to their Lord the King but only take Piers Gaveston and judge him according to the Laws made by common Agreement ut ipsum petrum captum secundum leges communiter editas i. e. the Ordinances judicarent When the King heard the Barons 3 Ibm. The Barons march thither with an Army The K. goes to Tinmouth From thence to Scardeburgh by Ship were coming with an Army he with Peter fled swiftly to Tinmouth and when they had possessed themselves of Newcastle forthwith he again with Gaveston went into a Ship and though the Queen then great with Child beseeched him with Tears to stay he took no Pity of her but sailed to Scardeburgh commanding the Soldiers in the Castle to Victual it forthwith and protect him while he went toward Warwick-shire 4 Fol. 195. b. Col. 2. Trokelow writes That the Earl of Lancaster before he left Newcastle to pursue the King and Piers de Gaveston sent to the Queen then at Tinemouth-Castle and in The Earl of Lancaster sends to Comfort the Queen whom the K. had left at Tinmouth great Passion that the King would not stay with her by Trusty Messengers to comfort her Faithfully promising That he would not give over his pursuit until he had removed Peter from the King and made his Excuse for not coming to her in Person lest for her sake he should incur the King's Indignation Ne forte indignationem Regis causa ipsius incurreret The Lords 5 Walsingh f. 101. n. 10. The Lords besiege Scardeburgh Castle having notice of his being Shipped off seized upon his Horses and other Goods he had left at Newcastle causing them to be valued and kept secure and then marched with what speed they could to Scardehurgh and besieged it 6 Ibm. N. 20. but the Earl of Lancaster finding no Opposition from the Country retired with his Forces that he might not be burthensom to the adjacent Parts and left the Earls of Pembroke and Warren to take in the Castle who in a short time so wearied the Guards within by Assaults that they were not able to Defend it 7 Ibm. Piers Gaveston renders himself Upon condition to stand to the Judgment of the Barons Then Piers seeing no remedy render'd himself upon condition to stand to the Judgment of the Barons and that he might once more speak with the King 8 Ibm. The K. desired Piers his Life might be saved The King hearing Peter was taken desired he might speak with him and prayed his Life might be saved promising if it might be so he would satisfie the Desires of the Great Men in all things 9 Ibm. N. 30. The Earl of Pembroke laying hold of this Promise persuaded the Barons to grant the King's Request promising under pain of losing all his Lands to keep him safe while he had spoken with the King and then to restore him to the Barons at a Day and Place prefixed 1 Ibm. intending to have carried him to Wallingford in his way thither at Dadington now Deddington in Oxfordshire four or five Miles from Banbury the Earl left him to the Care of his Servants while he went to lodge with his Lady at a Neighbouring Place 2 Ibm. N. 40. which the Earl of Warwick having notice of came with a great Multitude and noise of Armed Men that Night and took him from the Servants and carried him to his
Castle It being then doubtful what to do with him whether they should carry him to the King or put him to Death a certain 3 Ibm. Cunning Man and of great Advice answered Quidem vir astutus profundi Consilii respondit That it was to no purpose having been at such Charge and Trouble to take him to hazard the losing of him or to seek him again 4 Ibm. N. 50. adding That it were much better that he should suffer Death then a War should be raised in the Kingdom when all assenting to this Advice they took him out of Prison and carried him to an Ascent or Hill about a Mile North-East of Warwick called The Lords put Piers Gaveston to Death without Judgment Black-Low and there cut off his Head on the 5 Knighton Col. 2533. lin 5. day of Gervaise and Protasius the Martyrs or 19th of June Sir William Dugdale 6 Baronage Tom. 2. f. 44 Col. 1. from the MSS. K. 84. 96. b. in the Bodleian Library reports the Earls of Lancaster Hereford and Arundel being at this Consultation Thus Walsingham But Part of this Story is otherwise upon Record The King 7 Append. N. 56. A. D. 1312. wrote to John de Moubray Guardian of the County and City of York That Henry de Percy late by his Writing or Instrument before him in his Presence upon Forfeiture of Life and Limb Lands and Tenements and all he could forfeit undertook to preserve and keep safe from Damage Peter de Gaveston Piers Gaveston not truly dealt with upon his Surrender then Earl of Cornwall for a certain time according to certain Terms and Conditions upon which he render'd himself to the said Henry and others without the Castle of Scardeburgh and that the same Henry after the said Peter had been Killed before the Time and contrary to the Terms and Conditions aforesaid came not to him but withdrew himself by which he made himself suspected and therefore commanded him to take him without Delay and bring him to him wherever he was Witness the King at London the 31st Day of July in the 6th of his Reign The 8 Walsing F. 101. N. 50. f. 102. l. 1. c. The Lords demanded the Confirmation and Execution of the Ordinances Great Men having obtained their Purpose against Gaveston sent to the King proudly Demanding Proterve Postulantes their Ordinances to be Confirmed and put in Execution Threatning That if it was not done speedily they would come and force him to do it 9 Ibm. and forthwith they united their Forces and Quartered themselves in the Country about Dunstable he being then 1 Ibm. at London Upon this Occasion undoubtedly it was as also upon occasion of an Answer to the like Message about Five Months before as above related that the King sent 2 Append. N. 57. The K. sent to the Chief Ordainers to come to his Presence and treat about reforming the Ordinances John de Benstede one of his Justices to the Earls of Lancaster Hereford and Warwick who were at the making of those Ordinances to be with him at London or Westminster on the Sunday next after St. Bartholomew to Treat in his Presence about Correcting and Reforming the Ordinances if any thing should be found in them Injurious or Prejudicial to him and that he should enjoin them by their Faith and Homage that they should not come with Horse and Arms. Witness the King the 4th of August at Canterbury Notwithstanding this Notice and Inhibition they came not but marched about the Country with Horse and Arms Encouraging They came not but marched about the Country the People to join with them and therefore the King enjoined 3 Append. N. 58. Encouraging the People to join with them certain Commissioners reciting the most Material Part of his Precept as above to John de Benstede And seeing they had not come to him as then Ordered and Enjoined or sent any one to answer for them and understanding the said Earls with Horse and Arms and a great Multitude of Armed Men to be coming toward him to the great Terror of the People he assigned the same Comissioners to forbid the Earls and every one The K. forbids the Earls to come near him with Horse and Arms. of them by the Faith and Homage they ought him That they should not with Horse and Arms come nearer to him and if the Earls would not obey the Prohibition then to forbid all and every one coming with them to proceed further under the same Forfeiture Witness the King at Westminster the Third Day of September The Bishops with the Earl of Glocester perceiving this 4 Walsingh F. 102. N. 10. Dissention would be dangerous to the Church and Kingdom used all their Endeavours for a Peace 5 Ibm. They met at St. Albans with the Pope's Nuncios sent by him as Mediators between the King and Lords These Nuncios 6 Ibm. Walsingham's false Report of the Treaty between the K and Barons says Walsingham sent certain Clerks from St. Albans to Whethemsted three or four Miles distant where the Barons then lay with their Army with the Pope's Letters persuading them to Peace and that they would not receive them saying They were not Learned but bred up to Arms and therefore cared not to see them Then the Messengers desired to know if they would speak with the Nuncios who would willingly come to them to Propound and Discourse with them about a Project of Peace This says the Historian they utterly refused sending for Answer That there were many learned Bishops in the Kingdom whose Advice they would take and not the Advice of Strangers who knew nothing of the Cause of Dissention 7 Ibm. n. 20. The Nuncios affrighted at this Return Early in the Morning made haste to London after they had been at St. Albans above a Month and that then the Bishops and Earl of Glocester by great Industry made the Peace But this cannot be true for the Record of the Articles of Peace is in this Form Ceo est le 8 Claus 6. E. 2. M. 8. Dors Riley's Placit Parl. f. 538. A. D. 1312. The Treaty of Peace between the K. and Barons Tretiz de la Pees c. This is the Treaty of Peace upon certain Displeasures the King hath conceived against the Earls of Lancaster Hereford and Warwick and other Barons and Great Men of his Realm made and accorded before the Honorable Father Monsieur Ernald by the Grace of GOD by the Title of St. Prisca Priest-Cardinal Monsieur Arnold Bishop of Poicters sent into England by our Holy Father the Pope Monsieur * King Philips Son and Brother to Queen Isabel Lewis of France Earl of Eureux the Earls of Glocester and Richmond By the Earl of Hereford Monsieur Robert de Clifford and Monsieur John Botetorte sent to London with sufficient power to Do Treat and Agree on the Part
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
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
of April next following the King 6 Rot. Rom. 19 Ed. II. M. 3. He writes to the Pope about the Affair of his Queen wrote to the Pope and sent him a Transcript of what had passed between himself the King of France his Sister the Queen and his Son by way of Narrative and the Copies of the Letters he wrote them with his Answers to what was reported of him in France heartily beseeching him to read and consider them and apply such Remedy for the removing the Matter of Scandal and Dissention and the Dangers that might proceed from thence as he should think fit promising wholly to be directed by his Advice Given at Knelworth the 15th day of April All these Letters all these Mediators could not bring her into Neither Letters nor Mediators could bring the Queen into England until her Design was ripe England until her Design was Ripe and that she could come with Force yet in all probability they caused her either to quit or be thrust out of France Tho some of our Historians and the French Historian 7 Fol. 3â—â— 352. The Historians Account of the Transactions between the King and Queen at this time Mezeray who understood nothing of this Story as appears by his Writing and all from Froysard Report That by the Arts of the Spencers and the Money given to her Brother Charles the Fourth of France and scattered in his Court and to the Pope himself and distributed in his Court that made them their Friends so that her Brother forbad all Persons to assist her and commanded her to go out of his Dominions Take the Original from 8 F. 1. a. col 1. in the Prologue to the First Volume Printed at London 1520. Especially at Froysard Froysart who says he wrote his Chronicle from the Chronicles of Sir John la Bele Canon of St. Lambert's of Liege an Intimate and of the Secret Council of John of Haynault The Barons 9 could not bear or suffer Hugh Spenser's favour with the King any longer but sought each other amongst themselves 9 Ib. f. 3. a. col 1. c. 8. to be of a Peaceable Accord and sent secretly to the Queen who had been at Paris three years which was false by two parts of the time signifying to her if she could come into England with One thousand Men at Arms and bring her Son and Heir with her they would all come to her and her Son Edward She shewed these Letters to the King of France who promised such Assistance and to furnish her with Money She was providing for her Voyage of which Hugh Spencer had notice The King of France corrupted with Money who contrived with Gifts to Buy off the King of France and sent secret Messengers with plenty of Gold Silver and Jewels into France and especially to the King and his Privy Council insomuch as the King forbad under pain of Banishment That none of his Subjects should assist the Queen to go into England by force and further Hugh 1 Ib. col 2. Spencer out of his Malice to the Queen to get her under the King's Power and his caused the King to write to the Pope That he would write to the King of France to send his Wife again into England for he would acquit himself to God and the World that it was not his fault that she departed from him for he would nothing to her but all Love and good Faith such as he ought to hold in Marriage Also he sent 2 Ibm. The Pope and Cardinals corrupted with Gold and Silver Gold and Silver great plenty to divers Cardinals and Prelates who had most power with the Pope who lead the Pope by such-wise with their Gifts and subtle ways that he wrote to the King of France That on pain of Cursing he should send his Sister Isabel into England to the King her Husband These Letters were brought to the King of France by the Bishop of Xaints when he had read them they were shewed to the Queen his Sister and then commanded her speedily to avoid his Kingdom or he would make her to avoid it with shame By this means 3 Ib. cap. 9. Robert of Artois his Advice to the Queen all the Barons of France were withdrawn from the Queen except Robert of Artois her Dear Cousin who privately advised and encouraged her and gave her secret notice That her 4 Ib. f. 3. b. col 1. Brother would deliver her her Son and the Earl of Kent King Edward's Brother and Sir Roger Mortimer She goes out of France to William Earl of Haynault to the King and Hugh Spencer and advised her to go into the Empire to William Earl of Haynault and Sir John of Haynault his Brother The Earl received her with Joy at Valenciennes and 5 Ib. fol. 4. col 1. He received her kindly and brings forth his four Daughters The Prince likes Philip best brought forth his four Daughters Margaret Philip Jane and Isabell the Prince liked Philip best and she kept him Company during his stay there Walsingham 6 Fol. 123. lin 1 c. tells us that the King as 't was reported prout dicitur had procured the Death of his Wife and Son Edward and that John of Britania Earl of Richmond her Familiar was to have been the Executioner but that perceiving the Noblemen of France to have been corrupted by large Gifts and that there was no safety to be expected there she fled privately with her Son and Family or Followers to the Earl of Haynault of whom they were Honourably and Magnificently received Whether she was commanded by her Brother or fled privately out of France certain it is she 7 Ib. n. 20. And was contracted to her went to the Earl of Hanault and having Contracted her Son to his Daughter Philip 8 Fol. 598. n. 10. Sir Thomas de la Moor says Married him to her without the Advice of the Nobility by his Assistance who provided Men and Ships 9 Walsingh at supra The Earl of Haynault furnisheth the Queen with Ships and Forces to come for England she came for England with her Son then not Fourteen years of Age Edmond Earl of Kent the King's Brother Roger Mortimer and many others who were forced or fled out of England and with 2757 Men at Arms commanded by John of Hanault the Earl's Brother and landed at 1 Ibm. Anglia sacra parte prima f. 366. She lands at Harwich Harwich on Wednesday before Michaelmas-day where she was joined by the Earl 3 Walsing Ib. n. 30. Several Bishops Earls and Barons join with her Marshal the Earl of Leicester and other Barons and Knights cum Praelatis fere omnibus with almost all the Prelates but chiefly with the Bishops of Lincoln Hereford Dublin and Ely who together made her up a great Army 4 Ibm. which being refreshed at St. Edmunds-Bury she went forward to seek out her own and the Kingdom
at St. Pauls about sending some of their own Order to the King and Queen as Mediators of Peace between them The Bishop of Rochester dissuaded his going into the City or beyond the Thames to Treat being then at Lambeth telling him the Hearts of the People were against the Bishops and that they hated them imputing all the Evil that had happened in the Nation to their Sloathfulness Foolishness and Ignorance Next day they met at Lambeth and Resolved to send Two The Bishop of Winchester was willing to go for one but could not get a Companion 2 Ibm. All sorts of Citizens meet at Guildhall and contrive how to put to Death the Bishops of London and Excester and the King 's other Justices Die Mercurii proximo ante Festum St. Lucae convenerunt apud la Gyld-Hall c. On Wednesday before St. Luke the Citizens great and small majores minores met at the Guildhall where they contrived how they might take and put to Death the Bishops of London and Excester and the King 's other Justices and how they might Plunder the Merchants Mercatores in Civitate depraedarent taking the occasion of the Queen's coming 3 Ibm. The Queen comes to London All her Enemies that adhered not to her accepta occasione de adventu Reginae quod Reginae adhaerere noâ—entes proditores Regni publice censerentur because those that would not adhere to the Queen were publickly Reputed Traytors to the Kingdom The Justices were then met at the Friers Preachers and the Bishop of Excester was flying to St. Paul's Church they caught him at the Door beat and grievously wounded him and drew him through the Streets and Lanes to the Great Cross in Cheapside where the Sons of the Devil Filii Diaboli Virum fidelem providum discretum ac Regno valde necessarium truculenter decapitarunt Beheaded a Faithful Wise and Discreet Man and very useful to the Nation And further says Tunc conturbata est tota 4 Ibm. Those who were called the Queen's Enemies were plundered all the Nation over Terra in circuitu impii ambulantes animalia alia bona pacificorum quos hostes Reginae dixerant sub tali colore ubique depraedantes abduxerunt Then the whole Nation was in confusion and the Wicked calling peaceable Men the Queen's Enemies and under that colour took away and plundered their Goods The King not thinking himself safe there had left London before the Queen came thither and finding 5 De la Moor f 598 n. 50. The King goes into Wales by such as he had sent to make a Discovery that almost all the Nobility afrighted with false Reports tota fere Regni Communitas falsis territa rumoribus had come in to the Queen went in 6 Ibm. Sets H. Spenser the Father to defend the Town and Castle of Bristol Wales and having appointed Hugh Despenser the Father then Earl of Winchester to defend the Town and Castle of Bristol went with Hugh the Son then Earl of Glocester Robert Baldock and few others to 7 Ibm. Wals f. 125. n. 10. The King lay close in the Abby of Neath in Glamorganshire Chepstow and there took Ship intending for the Island of Lundy or Ireland but the Wind being cross he could make neither and having undergone much Hardship at Sea he landed and got to the Abby of Nethe in Glamorganshire where he lay close In the mean time the Queen followed him with her Army and sent these Letters abroad to command and draw in the People to her Assistance 8 Ibm. Append n. 69. The Queen's Letter by which she commanded and drew in the People to her Assistance Isabel by the Grace of God Queen of England Dame of Ireland Countess of Pontif or Ponthieu and we Edward Eldest Son to the Noble King of England Duke of Guyen Earl of Chester Pontif and Monstroil or Monstrevil and we Edmond Son to the Noble King of England Earl of Kent To all those to whom these Letters shall come Greeting Whereas 't is notoriously known That the State of Holy Church and the Realm of England are many ways blemished and abased by the Evil Counsel and Abett of Hugh le Despenser who by Pride and a Desire to Lord it and set himself over all others hath taken upon him Royal Power against Right Reason and his Allegiance and in like manner made use of all the Evil Counsel of Robert Baldock and others his Adherents so as Holy Church is reviled and shamefully put under great Subjection Her care of Holy Church and the Prelates of Holy Church and the Prelates of Holy Church spoiled of their Goods against God and Right Holy Church defamed and dishonoured many ways and the Crown of England destroyed in divers manners in Disheritance of our Lord the King and his Heirs the Great Men of the Realm by the Envy and wicked Cruelty of the said Hugh many of them without Fault and without Cause put to shameful Death some Disherited others Imprisoned Banished and Exiled Widows and Orphans wrongfully forejudged of their Right and the People of the Land by divers Tallages and undue Exactions very often burthened and by divers Oppressions grieved without Mercy By which Offences the said Hugh hath shewn himself an open Tyrant and Enemy to God and Holy Church to our most dear Lord the King and to the whole Realm And we and many others with us and in our Company who have long been estranged from the good Pleasure of our Lord the King by the false Suggestions and Evil Procurement of the aforesaid Hugh and Robert and their Adherents are come into the Land to raise the State of Holy Church and the Realm and to defend the People from these Mischiefs and grievous Oppressions and to maintain to our Power the Honour and Profit of Holy Church and our Lord the King and the whole Realm as abovesaid Wherefore we command and pray you for the Common Profit of you and every one of you to be Aidant to us at all times and in all places and by all the ways you know or can that the things abovesaid may be speedily brought to a good Effect and End For know certainly That all we and all those with us will not undertake any thing that shall not be for the Honor and Profit of Holy Church and of the whole Kingdom as in time you will see and find if God please Given at Wallingford the 15th Day of October in the Twentieth Year of the Reign of our most dear Lord the King From Wallingford she marched to Oxford and so in a short Bristol taken time to Bristol which she besieged and soon took and the next day after she came thither 9 De la Moor f. 599. n. 50. H. Despenser the Father drawn and hanged Hugh Despenser the Father Earl of Winchester was Drawn and Hanged upon the Common Gallows without Hearing or Trial on the 1 Aist Sacr.
Knighton col 2549. n. 50 60. sent to the King then Prisoner in Kenelworth-Castle Three Bishop's Two Earls Two Barons Two Abbots and Two Justices amongst whom was Sir William Trussell before noted Proxy to the whole Parlement to Resign their Homage and Fealty to the King which he did in this manner 8 Append. n. 73. Homage and Fealty resigned to K. Edw. I William Trussel Procurator of the Prelates Earls and Barons and other People in my Procuracy named having for this full and sufficient Power do Resign and Deliver up to you Edward King of England as to the King before this Hour the Homage and Fealty of the Persons in my Procuracy named and do Return them upon you Edward and make Quit or Free the Persons aforesaid in the best manner that Law and Custom may do it And do make Protestation in the Name of those that will not for the future be in your Fealty or Allegiance nor claim to hold any thing of you as King but shall hold you as a Private Person without any manner of Royal Dignity Sir Thomas de la Moor 9 f. 600. n. 40 50. tells us who the Three Bishops were John Straifort Bishop of Winchester Adam de Torleton Bishop of Hereford and Henry Burwash Bishop of Lincoln Three Principal Companions The Bishops of Lincoln and Winchester circumvent the King by Promises and Threats in transacting this Affair The Bishops of Winchester and Lincoln came before the rest to the King who with his Keeper the Earl of Lancaster persuaded him to resign his Crown to his Son and circumvented the King promising him as much Honour after his Resignation as before and on the other hand threatned him if he would not the People should yield up their Homage and Fealty and repudiate his Sons and Choose one not of Royal Blood With these and other importune Promises and Threats they obtained their Desires And then the Bishop of Hereford 1 Ib. f. 601. lin 4. c. brought in all the other Commissioners sent by the Parlement into the King's Chamber where the whole Matter they came for was dispatched not without great Grief and Reluctancy from the King Walsingham 2 f. 126. n. 20 30. reports all the Nobility met at London on the morrow of or day after Twelfth-day in Parlement and Judged the King Vnfit to Rule and for several Reasons to be Deposed and his Son Prince Edward to be chosen King Of which when the Queen had notice 3 Ibm. The Queen outwardly sorrowful she was full of Grief outwardly ut foris apparuit But the Prince affected with this outward Passion of his Mother would not accept the Title against his Father's Will and Consent Et 4 Ibm. n. 40 50. The Prince unwilling to receive the Crown juravit quod invito Patre nunquam susciperet Coronam Regni The King when he received this News by the Commissioners was much disturbed and said since it could be no otherwise he thanked them for choosing his First Born Son making his Resignation and delivering up the Royal Ensigns and Tokens of Sovereignty The Commissioners returning to the Parlement at K. Ed. resigns London with the King's Answer and the Royal Ensigns made the Rabble 5 Ibm. His Son made King rejoice and presently the whole Community of the Kingdom admitted Edward a Youth of Fourteen Years of Age to be their King on the 20th Day of January which they would have to be the First Day of his Reign And from that time he acted as King before his Coronation as may appear by the 6 Claus 1 Ed. III. Part. 1. M. 28. Append. n. 74. Writ to all the Sheriffs of England to proclaim his Peace The King to the Sheriff of Yorkshire Greeting Because Edward Note this Writ late King of England our Father by Common Council and Assent of the Prelates Earls Barons and other Great Men and also of the Communities of the said Kingdom of his own Free Will removed himself from the Government of the said Kingdom Willing and Granting That we as his First-Born and Heir of the Kingdom should take upon us the Rule and Government And we yielding to the Good Pleasure of our Father by the Counsel and Advisement of the Prelates Earls Barons Great Men and Communities aforesaid have taken upon us the Government of the said Kingdom and received the Homages and Fealties of the said Prelates and Great Men according to Custom Therefore desiring our Peace for the Quiet and Tranquillity of our People to be inviolably observed we Command That presently after sight of these Presents you cause our Peace publickly to be proclaimed through your whole Bailiwic forbidding all and singular under the pain of Disinheriting and losing Life and Member That they presume not to infringe or violate our Peace but that all Men do prosecute their Suits and Actions without violence according to the Laws and Customs of the Land c. Witness the King at Westminster the 29th of January On the First of February being Sunday he was Crowned In the time between his being declared King and his Coronation the Londoners fearing themselves for their Cruelty against the Bishop of Excester to palliate their Wickedness 7 Hist Sacr. f. 367. vol. 1. The Londoners sorce the Bishops to swear to maintain and desend all the Rights Liâ—e ries of the City interim Londinenses sibi metuentes de crudelitate Patrata in Episcopum Exoniensem ad palliandum iniquitatem eorum c. forced the Arch-Bishops of Canterbury York and Dublin and the other Bishops which came to the Parlement to come to their Guild-Hall where all the Bishops except the Arch-Bishop of York the Bishops of London and Carlisle Sware to maintain and defend the Rights and Liberties of the City in the presence of the Earl of Kent and an immense Multitude who came to see the Silliness of the Bishops how they Sacrificed to Mahomet 8 Ibm. In presentia Comitis Cantiae multitudinis immensae qui ad videndum fatuitatem Episcoporum quo modo Mahumeto Sacrificabant confluxerunt The Bishop of Rochester protested The Bishop of Rochester's Protestation before a Publick Notary and Witnesses especially called That it was not his Intention to Swear but saving his Order and saving all Things contained in Magna Charta The King was all this time 9 De la Moor f. 601 602 603. The Nation begins to be sensible of the King's Condition Prisoner in Kenelworth-Castle not knowing what further they were doing The Nation observing what had been done seeing the Queen engaged and the Prince carried along with them not then perhaps suspecting or in the least understanding the Designs of the Heads and Privado's of the Faction began to be sensible of the King's Condition and to consider the Pretences of his Enemies and to think how they might be kind to him and prevent further Mischief His Keeper the Earl
many heinous Crimes sworn against the Templars in the Provincial Council of London called at the Command of the Pope the same that were sworn against those in France They confessed the Report but not the Fact unless one or two Ribalds that is most wicked and profligate Men in every State to wit of Priest-Templars Knight-Templars Common Brethren and Servant-Templars Nisi unus vel duo Ribaldi in omni statu Yet at last they all confessed they could not purge themselves from the things charged on them so that every one of them were thrust into Monasteries there to do perpetual Pennance where they in all things behaved themselves well This Relation of Walsingham is taken out of Adam Murymonth 5 In 1310. 1311. who then lived and his very Words transcribed by him In the Sentence of Extinction of the Templars and Donation of their Lands and Goods to the Hospitalers all Possessors and unlawful Detainers of them of what State Condition Excellency and Dignity soever they were whether Bishops Emperors or Kings were Excommunicated unless within one Month after they should be required by the Master and Brethren of the Hospital of St. John's of Jerusalem or their Procurators they parted with and fully and freely restored them to that Order and also all that were Aiding Advising and Assisting in the Detaining of them and likewise all Chapters Collegiate and Conventual Churches Cities Castles Towns and other Places that detained them and delivered them not when required as aforesaid were put under Interdict from which Excommunication and Interdict they were not to be absolved until they had made full and due Satisfaction And besides these Punishments all Persons and Places that detained the Goods and Estates aforesaid and delivered them not that held Fees of the Roman or any other Churches were decreed ipso facto in very Deed to be deprived of them In the end of this Council says the last cited 6 Ibm. A D. Historian the Pope sent two Cardinals into England to receive the Lands Goods and Possessions of the Templars for the Use of the Hospitalers The Earls and Noblemen whose Progenitors had given them to the Templars the Order being dissolved possessed themselves of and refused to restore them so as the Nuncio's returned without doing the Business they came for The Pope's 7 Append. n. 76. Letter or Bull to the King That he should give his best Assistance in promoting of the Delivery of the Templars Goods to the Master and Brethren of the Hospital or their Procurators and further That he should expresly Command all his Earls Barons Great Men Corporations and Bodies Politick Seneschals Bailiffs and other Officers which were by him deputed to keep those Goods to deliver them when required was Dated the 26th of the same Month of of May in which he passed the Sentence of Extinction This in all probability was the Bull or Letter by which the two Cardinals as Procurators or Attorneys came to demand the delivery of the Lands of the Templars for the Hospitalers On the 25th of November 1313 by virtue of a long tedious 8 Rot. Claus 7 Ed. II. M. 12. Dors Instrument for the restitution of the Possessions Goods and Chattels to the Hospitalers which had belonged to the Templars in England in which the Pope's Proceedings against them were recited Albert of Black-Castle de Castro nigro Great Commander of the Hospital of St. John's of Jerusalem and Deputy of the Great Master and Leonard de Tibertis Prior of the Hospital of St. John's of Venice and Procurator General of the Order Their Procurators petitioned and required That whereas the Pope had given by Consent of the General Council all the Houses Churches Chapels Oratories Cities Castles Towns Lands Granges Places Possessions Jurisdictions Rents and Rights and all Goods Moveable and Immoveable with all their Rights Members and Appurtenances and annexed united incorporated and applied them to the Greatness and Extent of Papal Power de plenitudine Apostolicae potestatis to the said Hospital c. The King hearing this Supplication made Protestation for the Preservation of his Right and Rights of his Subjects notwithstanding such Restitution and Rendring and that if he made such Restitution it was for fear of the Danger which he foresaw might come upon him and his Kingdom if he did it not and which for the shortness of Time and other Causes could not be avoided And further protested That at a â—it time he and his Subjects would demand the Goods as if they never had been restored Three Days after on the 28th of November the King caused to be delivered all the Things above mentioned to the two Procurators Albert and Leonard according to the Pope's Bull directed to him and to avoid the many Dangers and Damages that might otherwise happen to him his Dominions and Subjects saving the Right of him and his Subjects according to the Effect of his Protestation The King's Letter to this purpose was directed to the Guardians 1 Ibm. of the Lands and Tenements of the Templars in London and Suburbs and the like Letters were sent 2 Ibm. to Fifty six other Guardians of their Lands and Possessions in all Counties and several particular Places in England and to Audomar Earl of Pembroke to deliver and surrender the new Temple with all its Lands Tenements and Appurtenances in London the Suburbs and Middlesex In like 3 Ibm. manner he wrote to the Bishop of Lincoln several Noblemen and all the Sheriffs of England And then after these Letters and Instrument there is entred upon Record a long impertinent 4 Ibm. Acquittance reciting the Proceedings as before in their Request against the Templars from these Procurators by which they acknowledge themselves to be well contented and paid bene contenti pacati by the King and all others in the Restitution c. Dated in London on the Nones or 5th of December A. D. 1313. The Pope by a long Bull dated on the 5th of the Kalends of November or 28th of October in the 4th of his Pontificate commanded Robert Winchelsey Arch-Bishop of Canterbury A. D. 1309 to deliver an Abstract of it to the King and to Expound it to him which was thus Directed 5 Râ—g stâ—â—m Wâ—nchelsâ—y f. 6. â— in Doctors-Commons Excellentissimo Principi Domino suo vobis Domino Edwardo Dei gratia Regi Angliae illustri Domino Hiberniae Duci Aquitaniae insinuamus Exponimus nos Robertus permissione Divina Cantuarensis Archiepiscopus totius Angliae primas ex injuncto nobis mandato Apostolico quae inferius discribuntur To the most Excellent Prince and his Lord you Edward by the Grace of God illustrious King of England Lord of Ireland and Duke of Aquitan we Robert by Divine permission Arch-Bishop of Canterbury and Primate of all England by the Pope's Command do insinuate and declare to you the things under-written Which were these Grievances 1. That his Officers altho they were bound
and of their Wives The Citizens Burgesses and Tenents of the ancient Demeasns of the Crown granted a Fifteenth part of their Moveables as also did the Clergy In his Second year at a Parlement holden at Westminster a Claus 3 Ed. II. M. 23. in Ced Month after Easter the Laity granted a Twenty fifth of their Moveables In the Seventh year in his Parlement at Westminster the Earls In Rot. Comp. ut supra Barons Knights Freemen and the Communities of Counties gave a Twentieth part of their Goods and the Citizens and Burgesses and Communities of Cities and Burghs gave a Fifteenth In his Eighth year he had a Twentieth part of the Moveables of Rot. Pat. 8 Ed. II. M. 12. Dors Part 2. the Laity granted by the Communities of Counties of the Kingdom per Communitates Comitatuum Regni in Parlement In his Ninth year he had granted a Fifteenth of Citizens Burgesses Rot. Parlem 9 Ed. II. n. 2. and Tenents in ancient Demeasns for his War with the Scots in the Parlement held at Lincoln the Community of the Kingdom or the Military Men being summoned to do their Service then In the Fifteenth year of his Reign the King * Rot. Claus 15 Ed. II. M. 16. Dors summoned a Parlement to meet at York three weeks after Easter and after the end of this Parlement and after the 7th of July next following he directed his Writs to the Prelates and Clergy to meet at a Provincial Council at Lincoln which the Arch-Bishop of Canterbury was immediately to summon to Treat of a Competent Ayd to be granted to him toward his Expedition against the Scots who had invaded England in which Writs as it were for a Direction he * Rot. Claus 16 Ed. II. M. 20. Dors recites what the Earls Barons Noblemen and the Communities of the Kingdom had done in the Parlement at York viz. That they had granted him a Tenth of the Goods of the Community of the Kingdom and a Sixth part of the Goods of Citizens Burgesses and Tenents of ancient Demeasns * Ibm. Praelati Comites Barones proceres necnon Communitates Dicti Regni apud Eborum ad tractandum super dictis negotiis aliis nos statum dicti Regni tangentibus nuper Convocati decimam de Bonis de Communitate ejusdem regni sextam de Civitatibus Burgis Antiquis Dominicis nostris nobis liberaliter concesserunt gratanter The Issue of Edward II. by Isabell Daughter of Philip the Fair King of France ON the Day of St. Brice or 13th of November his Eldest A. D. 1312. Ed. II. 12. Walsingh Hist f. 102. n. 30. Son Eoward who succeeded him by the Name of Edward the Third was born at Windsor In the year 1315 his Second Son John was born at Eltham Ibm. Hypodig Neutr f. 502. n. 30 40. from whence his Title on the Assumption of the Virgin Mary in the Eighth of his Father's Reign he was Created Earl of Cornwall and after several Matches propounded for him died unmarried about the 20th year of his Age. Joan his Eldest Daughter Married to David King of Scots Sandford Genealog Hist c. f. 155. when both Children and after being his Wife 28 years died without Issue Eleanor Dutchess of Gueldres his Second Daughter she Married Ibm. Reynald Second Earl of Gueldres who was Created Duke of Gueldres by the Emperor Lewis of Bavaria by her he had Two Sons Reynald and Edward who were both Dukes successively after him and died without Issue A CONTINUATION Of the Compleat History of England c. King EDWARD the Third THis Young Man at the Age of Fourteen Years being placed in the Throne of his Father then living and in Prison as hath been related in the latter end of the The young King managed by the Queen Mortimer c. The Adherents to Tho. Earl of Lancaster petition former Reign was with all the Affairs of the Nation managed by the Queen with the Advice of Roger Mortimer chiefly and other Privado's in their Designs who had been all Favourers and Abettors of the Cause and Quarrel of Thomas Earl of Lancaster whose Adherents being all Friends to and Assistants in this Revolution on the 3d of 1 Append. n. 82. to be restored to their Lands c. They were all Friends to and Assistants in this Revolution February two Days after the Coronation Petitioned the King and his Council in that Parlement which had Deposed his Father then Sitting at Westminster That being of the Quarrel of the Noble Earl of Lancaster estetent de la Querele le Noble Counte de Lancastre and therefore wrongfully Imprisoned Banished Disherited might be Restored to their Estates with the Issues of them from the time they had been wrongfully diseised And it was granted by the Assent of the whole Parlement That all the Lands and Tenements which had been seized by reason of that Quarrel or Contention which was affirmed to be good by the whole Parlement ia quele Querele par tot le Parsement est afferme bone as well in Ireland and Wales as in England should be Restored with their Issues and Arrears of Rent except those that had been Received to the King's Use On the same Day 2 Stat. at Large 1 Ed. III. The first thing printed f. 77. All that came over with the Queen her Son pardoned and those that joined them after their arrival all those that came over with the Queen and her Son and those that joined with them after their arrival were also pardoned c. The long Preamble to that Pardon Statute or Grant is worth notice as containing the Cover Pretences and Suggestions of all the Contrinances and Designs against Edward the Second in these Words Whereas Hugh Spenser the Father and Hugh Spenser the Son late at the Suit of Thomas Thun Earl of Lancaster and Leicester and Steward of England by the Common Assent and Award of the Peers and Commons of the Realm and by the Assent of King Edward Father to our Sovereign Lord the King that now is as Traitors and Enemies of the King and his Realm were Exiled Disherited and Banished out of the Relams for ever and afterwards the same Hugh and Hugh by Evil Counsel which the King had taken of them without the Assent of the Peers and Commons of the Realm came again into the Realm and they with others procured the said King to pursue the said Earl of Lancaster and other Great Men and People of this Realm in which Pursuit the said Earl of Lancaster and other Great Men and People of this Realm were willingly Dead and Disherited and some Outlawed Banished and Disherited and some Disherited and Imprisoned and some Ransomed and Disherited and after such Mischief the said Hugh and Hugh Master Robert Baldock and Edmond late Earl of Arundel usurped to them the Royal Power so that the King nothing did or would do but as the said Hugh and
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
to Henry Bishop of Lincoln William Earl of Salisbury and William Earl of Huntington who were sent into Flanders and before the Month of May was ended 2 Rot. Aleman 11 Ed. III. M 9 10 11. A. D. 1537. What Men they were to find and what their Wages and Stipends they contracted with several Noblemen and others in Haynault Guelderland and Juliers to assist the King against France together with what Number of Men every of them were to find to serve the King and the Wages and Stipends or as now called Pay they were to receive for so doing In a very short time after 3 Ibm. 4 German Princes enter into Alliance with K. Edw. Reginald the Second Earl of Gueldres and Zutphen who Married Eleonora the King's Sister and William Marquess of Gulick came into the Alliance as also 4 Ibm. Rupert Count Palatine of the Rhine Duke of Bavaria Lewis the Emperor 5 Ibm. entred into a Confederacy with King Edward by which they obliged themselves and Heirs to Assist each other with all their Power to recover their Inheritances and Possessions Lewis the Emperor joins with him John Duke of Lorrain c. with-held from them by Philip of Valois About the same time 6 Ibm. M 8. And many petty Earls Lords retained to serve him John Duke of Lorrain Brabant and Lemburgh was retained for King Edward and many petty Earls and Lords In the same Year the 11th of Edward III. several of the same Confederacies are entred upon the 7 M. 1. 6. 11. The Wages of Retainers better than 18 d. a day A Man at Arms better than 18 d. a day Scots Roll where in some of them the Wages was expressed which was allowed by the King to his Retainers for every Man at Arms they brought into his Service by the Month viz. 15 Florens of Florence which was 45 s. Sterlin better than Eighteen pence a Day great Wages at that time The Allies and Confederacies on the French side were the 8 Du Chesue f. 646. C. The King of France his Confederates Bishop of Liege John King of Bohemia and Earl of Luxemburgh Henry Count Palatine of the Rhine Aubert Bishop of Metz Otho Duke of Austria Theodore Marquess of Montferrat Ame Earl of Geneva Gefrey Earl of Linanges Waleran Earl of Deux-Ponts Henry Earl of Vandemont John Earl of Sarbruck Imbert Bastard of Savoy and many other Lords and Captains of Almain Spain Franch-County Dauphine Savoy and other Countries the Scots and Duke of Lorrain Having made these Alliances against France King Edward before any Acts of Hostility 9 Rot. Alman 11 Ed. III. n. 13. A. D. 133â— Commissioners sent by K. Edw. to K. Ph. to treat about the Right of the Crown of France and to which of them it belonged constituted the Bishop of Lincoln the Earls of Salisbury and Suffolk and John Darcy his Agents by Commission Dated October 7. to Treat cum Magnifico Domine Principe Domino Philippo Rege Franciae Illustri with the Magnificent Prince Philip the Illustrious King of France or his Commissioners concerning the Right of that Crown and to which of them it belonged And by another 1 Ibm. They were also by another Commission impowered to treat about Aquitan c. and also a happy Peace Commission the same Persons were impowered to Treat upon all Controversies and Demands whatsoever relating to the Dukedom of Aquitan or other Parts beyond Sea and also of a happy and perpetual Peace Yet the same Day considering the famous Kingdom of France was lawfully devolved to him by Right of Succession and that he had claimed that Kingdom as his Inheritance he 2 Appen n. 85 B. A Commission to the Duke of Lorrain and Brabant to be Viceroy of France made John Duke of Brabant and Lorrain his Lieutenant Captain and Vicar-General there granting and committing to him meer Empire the Power of the Sword and all Jurisdiction high and low the Conusance and Decision of all Questions or Cases as well Criminal as Civil with Power to appoint Judges and Ministers as he pleased for the good Government of the Kingdom according to the Laws thereof The same Commissions were 3 Ibm. The same Commission to others granted and made to William Marquiss of Juliers William Earl of Henault and William Earl of Northampton to each of them severally the Words King of England and France and King of France and England being transpised that is sometimes England was put before France in these Commissions and sometimes France before England These Commissions so made he directed his 4 Ibm. He sent his Writ to all the great Persons of France and others to obey his Viceroys Writs of the same Date to the Arch-Bishops Bishops Dukes Marquisses Earls Barons and all other Persons in the Kingdom of France whatsoever commanding them willingly and freely to receive the said Duke and obey him in all things as if he were present himself letting them know That to the Obedient he would be very kind and to the Stubborn very severe The same Commands were directed to them in the Names of The same Commands were to obey others Marquiss of Juliers the Earls of Hanault and Northampton particularly and severally with the same transposition of Words King of England and France What were the Effects of these Commissions of Treaty and Lieutenancy I find not The Pope taking notice of these things to prevent the War between The Pope mediates a Peace between the two Kings the Two Nations sent to both Kings Peter Priest-Cardinal of St. Praxed and Bertrand Deacon-Cardinal of St. Mary in Aquizo if it might be to take up and end all Controversies between them 5 Rot. Fran. 11 Ed. III. M. 2. Dors Upon their Application to King Edward a Truce in hopes of a Peace to follow was obtained until the morrow after Candlemas in the 12th of his Reign It was thence continued 6 Rot. Alman 12 Ed. III. M. 36. to the first of March and from that time to 7 Rot. Alman 12 Ed. III. M. 36. Midsummer following if the King of France would agree to it But he not complying with the Terms of the last Continuation of the Truce King Edward was advised to declare it null which was done on the 8 Ibm. M. 16 6th of May and further to pass beyond Sea to confer with his Allies in prosecution of his Design against France He took the Advice and went to Antwerp But before he went the Cardinals prevailed with him to direct a 9 Rot. Alman 12 Ed. III. Part 1. M. 5. A. D. 1338. Commission Dated June 21. to John Arch-Bishop of Canterbury the Bishop of Durham Robert de Vfford Earl of Suffolk Sir Geofry le Scrop Kt. and Mr. John Vfford Arch-Deacon of Ely with full Power to treat and conclude all things in variance between them in order to a full and final Peace And by another
Recovery of his own and the Rights of his Crown he summoned a Parlement to meet at Westminster on the Wednesday after the Feast of the Translation of St. Thomas the Martyr that is Thomas Becket which Feast was July the 7th to be holden before his Son Edward Duke of Cornwall and Earl of Chester whom he had made Guardian of England And he not only publickly declared his intention in the Writs of Summons but 9 Rob. Aves p. 89. a. c. 29. A. D. 1340. The Arch-Bishop of Canterbury appointed the precise day to be on the 13th of June to pass from Orwell in Suffolk into Flanders with about 40 Ships that lay ready there to Treat with his Confederates about the War Upon this Resolution the Arch-Bishop of Canterbury then his Chancellor informed 1 Ibm. Then Chancellor acquaints the King with the Danger in his Passage to France He would not believe him He Quits his Council and sends him the Seal him That Philip of Valois his Adversary of France foreseeing his Passage had privately sent a great Fleet of Men of War to encounter him in the Haven of Sluce and advised him to provide more Ships and reinforce his Fleet otherwise he and his Affairs might be lost in the Passage The King not believing him said he would go whatever came of it The Arch-Bishop quitted his Council and taking Leave departed and sent the Seal of his Office to him yet the King thinking better on the Matter called to him Robert de Morle his Admiral and one Crabbe a famous Mariner who upon his enquiry gave him the same Information and Advice the Arch-Bishop had given whereupon he presently sent for him and delivered to him 2 Ib. p. 89. b. the Seal and also having sent to the Northern and Southern Parts and to London within ten days he had a sufficient Fleet and more Armed Men and Archers then he could expect or had use for With this Fleet he sailed towards Flanders and on Midsummer 3 Ibm. Day the English and French Fleets engaged when the English obtained a mighty Victory killing Thirty thousand French and taking and destroying Two hundred Ships The Parliament met at the time appointed and the cause of Summons was declared to be 4 Rot. Parl. 14 E. III. pars 2. n. 2 3. The cause of calling the Parlement to Treat and Ordain concerning the things might happen to the King for keeping the Peace in England upon the Marches of Scotland and upon the Sea and to Advise and Determine how and in what manner he might be best served by the Subsidy granted by common Assent the last Parliament and to remove the Difficulties and Hindrances in Collecting it 5 Ib. n. 4 5. On the next day being Thursday it was shewn to the Great Men and Commons as Grantz Comunes That since the Summons to this Parliament God by his Grace Dieu par sa grace had given the King Victory over his Enemies to the great Assurance Repose and Quiet of all his Liege Subjects and how that to perform his Design upon his Enemies he was forced to be aided or loose his Allies il lui covendroit a force estre eidez ou perdre son alliez and the Knights Citizens and Burgesses were charged by the Duke and the Council to advise how and in what manner the King might best and to the most Profit of him and the least grievance of his People be served by the Aid which had been granted him and to give their Answer on Saturday next following donez lour respons samedy prochein suant on which day a queu samedy after great Treaty and Debate had between the Great Men and the Knights and other Commons entre les Grantz les ditz Chivalers autres des Comunes it was agreed by all the Great Men and Commons That there should be Men assigned to sell the Ninths granted to the King last Parliament and directed the quickest and best way of selling them To this Parliament 6 Ib. n. 6 7. The King wrote to that Parlement That the Ayd given last Parlement was great were sent by the King the Earls of Arundell and Gloucester and Sir William Trussell with Letters of Credence dated at Bruges July the 9th in the 14th year of his Reign in England and first of France directed to the Dukes Arch-Bishops Bishops Earls Barons and others assembled in Parliament signifying to them That tho the Subsidy granted in the last Parliament was great yet because it could not in due time be converted into Money it did not answer his purpose as it ought He likewise remembred them of the Victory he obtained in the Water of Zwynes on Midsummer-day 7 Ib. n. 8. Yet because it could not be collected in due time it answered not his purpose And farther acquaints them That with the Assent of his Allies the Great Men of England who were with him and the Country of Flanders he had divided his Army and intended to go and lie down before Tournay with one part of it being an Hundred thousand Flemings Armed besides as must be supposed his English Forces and Robert Earl of Artois with Fifty thousand besides all his Allies and their Power were marching towards St. Omers that for the governing and marching of this Army he had need of a very great Sum of Money over and above what was sufficient to discharge his Debts which were necessarily to be paid before his march requesting them and every one of them dearly vous prions cheremont a chescun de vous to consider the great Danger might happen if he was not supplied with Money and Goods suddenly to give Satisfaction to the Country and his Allies and Soldiers which he had retained in case they should withdraw themselves or desert if not paid and also if his Allies should go over to the Enemy and join him if not paid At the Close of his Letter he tells them 8 Ib. n. 9. That the Persons above-named came over to declare his Condition and Business willing them to give full Faith and Credit to what they should say This Letter having been read and the Messengers 9 Ib. 9 10. Upon the King's Letter heard for the Reasons given in and by both all were of Opinion That the King in his great necessity could not be aided so speedily as he ought by the Ninth wherefore the Great Men sought all the ways they could par quoi les Grantz sercherent totes les voies quils poaint that the King might be speedily aided and thought it the best that he should have at present a certain number of Sacks of Wooll which was propounded to the Knights of Shires for their assents how they might be hastily provided and Merchants spoken to to take them at an indifferent and equal Rate sur 20000 Sacks of Wooll granted for a present Supply ce parlez as Chevaliers des Counties d'avoir louz assent coment
name of a Statute as being prejudicial and contrary to the Laws and Vsages of the Kingdom and the Rights and Prerogatives of the King But for that there are some Articles in the same Statute which are reasonable and agreeable to Law as in the Revocation in print 't is agreed by the King and his Council that those Articles and others accorded in this present Parliament shall be made into a new Statute by the advice of Justices and other Sages which shall be perpetual The Necessitous Condition of the King's Affairs requiring 20000 20000 Sacks of Wooll to be Transported Sacks of Wooll to be 5 Rot. Parl. 15 E. III. n. 45. transported before Michaelmas next coming it was provided That no Man before that time should send over Sea any Wooll on pain of thrice the value and loss of Life and Member How this Arch-Bishop was prohibited and kept from entring in at the Door of the Painted Chamber where the Parliament sate by Two Serjeants at Arms placed there by the King we have it in Birchington the Monk of Canterbury 6 Hist Sacr. vol. 1. f. 39 40. The Arch-Bishop not permitted to enter the Painted Chamber where the Lords sate in Parlement in his Life On Saturday the Feast of St. Vital or 28th of April being the sixth day of the Parliament he came to Westminster and to the Door of the Painted Chamber The Serjeants told him they could not permit him to go in To whom he said the King called him to Parliament by his Writ That he was after the King the greatest and ought to have the first Voice ego sum major post Regem primam vocem habere debens That he challenged the Rights of his Church of Canterbury and demanded entrance into the Chamber but the Serjeants expresly denied it to him and to the Bishops of London and Chichester who were with him Then advancing his Cross he told them That he would not depart from that place until the King should command him at length staying there the Ea 〈…〉 of Northampton and Salisbury coming out he desired them to acquaint the King with what had been done and that they would request him in his Name to preserve the Right of the Church of Canterbury At last with his Fellow Bishops and the Bishop of At last he was permitted to enter Ely he was admitted into the Chamber where Treating with the Prelates and Peers of the Land the King withdrew On Thursday following being the 3d of May in full Parliament he with Ten Bishops Eight Earls Four Abbots Eight Barons all And admitted to favour by the supplication of Great Men. there named the King's Chamberlain John Darcy Bartholomew Burghersh the Mayor of London the Barons of the Cinque-Ports and Knights of the Community of England ac militibus communitatis Angliae appeared before the King and supplicated him for the Arch-Bishop who admitted him into favour but did not then as Birchinton affirms excuse him wholly from his Crimes as is clear from the Parliament Records above cited Not long after the Dissolution of this Parliament Lewis the Emperor 7 Append. n. 90. wrote to King Edward That Philip King of France had given him Authority by his Letters to Mediate a Peace between The Emperor by Letter offers his Mediation of a Peace with France them which tho incumber'd with many and weighty Affairs he was willing to undertake it being very expedient for and advantageous to himself Kingdom and Allies if he would give him like Power by his Letters to Treat of and make a Peace or Truce for a year or two Nor as he says ought the Friendship enter'd into and contracted between him and Philip King of France move King Edward for since he had made Truce and Agreement meaning the Truce at Tournay with Philip without his knowledge will or assent by advice of his Princes who knew his Leagues Agreements and Unions to whom it seemed he might with Honour make Agreement and Friendship with the King of France he had contracted and enter'd into Union with him And for the Causes before noted he revoked his Commission by which he had made him Vicar of the Empire yet certainly letting him know that in his Mediation and Treaties he would provide for him like a Brother and if he would acquiesce in his Advice his Cause should be brought to a good end by his assistance And for his further intimation he sent to him one of his Chaplains who he desired might speedily be sent back These Letters were dated at Francfort June the 24th To which Letter King Edward sent his Answer 8 Append. n. 91. That he had received it with Respect and then reciting the chief Contents King Edward by his Letter refuseth to accept it of it commends his Zeal for making an Agreement between him and Philip of Valois giving him notice That he always wish't for a reasonable Peace with him which he had prosecuted as much as he could with Justice and that he then desired such a Peace as he wished for might be procured at the instance of so great a Mediatour But because he knew his Right in the Kingdom of France to be sufficiently clear he would not by his Letters commit it to a doubtful Arbitration or Judgment much wondring he should join with Philip that had done him such notorious injury when seeing the evident Justice he had for his Demands and Philip's obstinacy in not complying with them he had for that reason enter'd into a League with him And as to what was said That he without his knowledge or assent had made â— Truce and entred into a Treaty of Peace with Philip considering the Circumstances of the Fact it ought not rationally to have moved him because at that time he besieged Tournay and ought to follow the advice of those that were with him and gave him their assistance Considering also that Winter was coming on and the distance between them he could not be permitted to consult him And further he put him in mind That he had granted that when he had opportunity he might Treat without his knowledge but so as not to make a final Peace with Philip without his consent which he never intended to do It seemed also to some that the Revocation of the Vicarship was too suddenly done when as according to the Agreement by the heighth of Imperial Power made with him it ought not to have been done until he had obtained the Kingdom of France or the greatest part of it Dated at London the 18th day of July in the second year of his Reign over France and over England the Fifteenth After the Truce at the Siege of Tournay 9 Frâ—issard â— 1. c. 64. The Duke of Bretagne dies John Duke of Bretagne who had served the King of France in his Army in the way toward his own Country fell sick and died without Issue After his death there arose a controversie between
do the same The day of the Date and Month of this And promiseth his utmost Assistance Bull are not legible but the year is being the Fourth of his Pontificate which was the 19th of Edward III. Yet this he thought not sufficient to make his Case known to the World but first declaring his Title to the Crown of France the same as when he first claimed it he drew up what he had wrote King Edward again declares his Title to France to the Pope into a Manifesto and publisht it with this Title 9 Rex omnibus ad quod praesentes hae literae pervenerint salutem c. The King to all Men to whom these Letters or this Manifesto 9 Avesbury p. 103. a. c. 48. And put forth a Manifesto or Declaration shall come Greeting c. Which were dated at Westminster the 14th of June in the 19th year of his Reign over England and over France the Sixth Datae 1 Ib. p. 104. b. apud Westmonasterium 14 die Junii Anno Regni nostri Angliae decimo nono regni vero Franciae sexto About Michaelmas following 2 Ib. Du Chesne f. 661 662. He sends an Army into Gascony and takes 47 Towns great and small King Edward sent Henry Earl of Derby Son of Henry Earl of Lancaster with the Earl of Pembroke and Sir Walter Manny into Gascony with a considerable Force where he took the strong Town Bruggerac at the first assault and forty six other Towns great and small which Philip de Valois had injuriously taken and detained from the King of England the last of which was the Town and Castle of Auberoche After which the Earl of Derby with the Earl of Pembroke and Sir Walter Manny retired to Burdeaux upon notice whereof the Earl of Laille King Philip's Lieutenant in Gascogne brought together a great Force and besieged Auberoche To the Relief whereof the Earl of Derby coming he obtained a great Victory and took many Noblemen and great Officers After Easter 3 Avesbury p. 105. a. c. 50. Du Chesne f. 663. D. A. â— 1346. 20 E. III. next year John Duke of Normandy Son and Heir to Philip of Valois besieged the Town of Agâ—illon in Guien in which was a strong Garrison placed by the Earl of Derby and well provided For the relieving of this place and to reinforce King Edward the Prince of Wales and many Noblemen the Earl of Derby King Edward raised an Army and in Person with the Prince of Wales then Seventeen years of Age and many of the Nobility intended to pass into Guien but the Wind being cross and the Weather stormy he was persuaded 4 Ib. Du Chesne Aves by Geoffrey of Harcourt an Outlaw and Exile of France Lord of St. Saviours the Viscount in Constantin in Normandy and one of Land with an Army in Normandy his Marshals to land in Normandy and he did so on the 12th of July being Thursday land at La Hogue What he did after his landing and in his march toward Caen and of his taking of that City and other things Avesbury 5 Ib. p. 105. a. c. 51. hath delivered in a Transcript of the Journal of Michael de Northburg an able Clerk and one of King Edward's Counsellors who went and was with him all the while Where he landed 6 Ibm. What he did there after his Landing for the unshipping of his Horse and refreshing of himself and Army and baking of Bread he stay'd six days While he stayed there a Party went off to Barfleur and burnt the Ships in that Harbour Eight of which had Castles before and behind des queux huit avoient chastiel devant decere After the Party left the Town the Mariners burnt it The first of the King's March was to Valoignes where he stay'd only one night and found sufficient Refreshment From thence he marched to Carenten where were found plenty of Wine and Victuals Much of this Town was burnt notwithstanding the King did what he could to preserve it From hence he marched to St. Lo where the People with some Soldiers seemed to make resistance in this place he found a thousand Tun of Wine besides great store of other Goods Next night he lodged in an Abby and his Army was quartered about him in Field Villages son host as villes champestres entour luy which in Parties made inroads into the Country robbing and destroying five or six miles about every day and burning Towns in many places chivacherent les gentz del host robbantz destruantz cinque od sis lieus environ toutz les jours arderent en plusors lieus Three or four days after his removal from this Abby he came before Caen in which were the Constable of France and the Chamberlain of Tanquerville with a great Force for its defence The King took it by assault with a great slaughter of Knights Esquires and other People and made Prisoners the Constable and Chamberlain with 500 Knights and Six or sevenscore Squires In the Town were found Wine Victuals and other Goods and Chattels without number furent troue en la ville vines victualles autres biens chatieux santz nombre When the King removed from Hoges 7 Ib. in the same Journal Qu. whether not Rothness How he burnt and destroyed the Country there were about 200 Ships stay'd there which sailed to Rothmasse and went on Shore and burnt the Country two or three Leagues lieues within the Land and took much Goods and brought them to their Ships From whence they went to Cherburg a good Town where was a strong Castle and noble Abby all which were burnt as were all things and Towns upon the Sea Coasts from Rothmasse to Hostrem upon the Haven of Caen about Sixscore English miles There were then also burnt Sixty one Ships of War with fore-Castle and hind-Castle ount ars 61 niets de guerre od chastel devant derere with 23 Cayers and other small Vessels of about 30 Tuns From Caen he marched to Poissy upon 8 Avesb. p. 100. c. 54. the River Seyn where he repaired the Bridge that was broken down and passed the River on the morrow of the Assumption of the Virgin Mary or 16th of August after he had defeated several great and strong Parties who came to hinder his passage and killed many of them The Bridges were every where broken down and guarded to hinder his passage so that he could not march very fast and therefore he had time to plunder and ravage the Country to burn most of the good Towns and Villages he past thro or came near as may be seen in Froissard 9 L. 1. c. 122 123 124 125 126. and Du Chesne 1 F. 664 665. At length he came to the River Soam in Ponthieu and Picardy which he passed at a Ford called Blanchtaque between Abbeville and the Sea 2 Avesb. p. 109. a. c. 54. The Battel of
Cressy where was placed an Army to oppose him which he routed killed 2000 and took a great number of Knights and Esquires the rest fled to Abbeville From hence King Edward marched leisurely toward 3 Ibm. Cressy in Ponthieu his Army burning and harassing the Country where the King of France joined Battel with him on Saturday the 26th of August 4 Walsingh f. 166. n. 30. The Victory was obtained by the English There were slain on the French side 5 Avesb. ut supra What Great Men were slain the King of Bohemia the Duke of Lorrain the Earls of Alanson Flanders Lewis of Blois the Earl of Harecourt Geoffry of Harecourt's Elder Brother and his Two Sons the Earls of Albemarl and Savoy the Archbishop of Nismes and Bishop of Sens six German Earls and many other Earls Barons and Lords The 6 Froiss l. 1. c. 130. English Army was ranged in Three Battles the Prince of Wales headed the first the Earl of Northampton the second and the King himself the third 7 Ibm. The King of France fled only with five Barons Sir John of Haynault who had left King Edward's Service Sir Charles of Montmorancy the Lord of Beaujew the Lord Daubery and the Lord Montfort to Bray Castle and so to Amiens On Sunday morning came several 8 Ib. c. 31. The number of the slain Reinforcements and great Bodies of Frenchmen to their King's Army as they thought not knowing what had been done who were all routed many taken and great numbers stain That day in the afternoon King Edward sent to have the dead viewed and numbred 9 Ib. c. 32. In that Battel by Two Barons and Three Heralds At their return to the King they gave him an account of Eleven great Princes Fourscore Banners 't is Froissard's Word Twelve hundred Knights and more than Thirty thousand Ordinary Men. From Cressy the King marched to 1 Avesb. f. 109. b. c. 55. A Parlement called Calais and laid Siege to it on the Third of September Upon his last passage into France 2 Rot. Parl. 20 E. III. n. 6. the King and Lords that accompanied him and also the Great Men of his Counsel that were in England agreed and ordered there should be a Parliament summon'd to meet at Westminster on the Munday next after the Nativity of the Virgin Mary 3 Ibm. The King sâ—nds to inform the Parlement of his success and progress in France To this Parliament the King sent from the Siege of Calais Bartholomew Burghersse John Darcy his Chamberlain Mr. John de Thoresby Keeper of his Privy Seal and John de Carleton to inform them of the State of his Affairs and to propound and declare some things to them in that Parliament that concerned the Honour of God and the Church the Defence and Quiet of the Kingdom of England and his War in France and also other things that were to be done These Letters of Credence or this Commission 4 was dated before Calais on the 4 Ibm. 7th of September and directed to the Arch-Bishops Bishops Abbots Priors Earls Barons and other his faithful Subjects in Parliament aliis fidelibus suis in Parliamento suo c. which when read Bartholomew Burgersse for himself and Companions pur lui pur ses compaignons in presence of the Guardian of England Leonell the King's Son the Prelates and other Great Men there named 5 Ib. n. 7. shewed the Graces God had given to the King to the Great Men and others with him after their landing at La Hogue monstra les graces que Dieu avoit donez a nostre Sir le Roi c. by a short Account of his Progress and Success in Normandy the Battle of Cressy and his besieging of Calais from whence he resolved not to depart until he had taken the Town and that then he would draw toward his Adversary pursue his Quarrel and not return into England until he had ended the War beyond Sea with the help of God 6 Ibm. And to desire an Aid For the accomplishment of which things the said Messengers a queu chose pour faire les ditz messages prierent c. prayed the Prelats Great Men and Commons that they would Treat and Advise about an Aid and Means to perfect that which had been so graciously begun for that by common assent in Parliament at the time when the King 7 Ibm. undertook this War they all promised that they would assist him with their Bodies and Goods to their power touz lui promistrent qils lui eideroient de corps d'avoir a lour poair At the same time they produced an Ordinance 8 Ibm. The Ordinance of Normandy produced in Parlement or Agreement made by the King's Adversary and some Great Men of France and Normandy to destroy the whole Nation of England and the English Language And to put this Design in Execution the Earl of Eu then Constable of France and the Chamberlain of Tankerville were to raise a great Army for that purpose but as it pleased God they were both taken at Caen and many of their Men there killed and taken so as the intended destruction of the English was defeated This Ordinance is 9 Ib. n. 8. enter'd upon the Parliament Roll and there in the Todding called L'Ordinance de Normandie The Ordinance of Normandy 'T is pretty long but the most Material things were That the King of France his Eldest Son John Duke What it was of Normandy as General with the Nobles and others of that Dukedom should pass into England with Four thousand Men at The design to invade and conquer England Arms Knights Esquires and Men of good Estate and Forty thousand Foot And if this Invasion could not be made that year then it was to be the next year and so in any other year at a convenient time during the War Or if this Invasion should not be made the Country of Normandy was to serve him with the same number of Men at Arms and Twenty thousand Foot in any other place where the King Duke or either of them should be in Person It was 1 Ibm. How England was to be divided in case of Conquest also agreed That if by God's assistance England were Conquered the Conquest should be made in the Name and Honour of the Duke and that all that the King of England enjoy'd should be his as King and Lord with all his Rights and Honours And what the Nobles Barons and other Seculars possessed was to be enjoy'd by the Church Barons Nobles and Noble Towns of Normandy que les Nobles les Barouns autres Seculars y on t serra demorra as Esglises as Barouns Nobles as Noble villes de Normandie That the Pope and Church of Rome should safely enjoy what they had without diminution and that whatever had been taken from the Scots by War or otherwise should be restored fully and entirely without delay
effect for the Faults found with it on the part of his Adversary pour defaute coupe trove de la part son Adversair That while his Ambassadors remained there the King of Navarre who about two Years before had Married 3 Mezeray f. 372. The King abused and cheated by the King of Navarre Jane the King of France's Daughter had complained often to the Duke of Lancaster of the 4 Rot. Parl. ut supra Wrongs and Hardships he had suffered from the King of France affirming upon his Oath he would willingly enter into an Alliance with the King against his Adversary with all his Power and pressed him so often that at last the Duke promised an Alliance if the King pleased That thereupon he engaged to make himself as strong as he could with Ships and Land Forces and come to the Isles Guernsey and Jersey to affirm and make good the Alliance pur affermer secure lalliance That for this cause upon the Duke's return into England the King informed of this Agreement caused to be got ready an Army and Fleet of great Ships with which he sailed out of the Thames towards the Isles and the Winds being contrary with much trouble got to Portsmouth and there staid so long as he received certain Intelligence the King of Navarre would not proceed in or had quitted the Alliance que le Roy de Navarre entre lesse la dite Alliance against his Promise and Oath and was become an Allie of his Adversary Whereupon the King returned with his Fleet and Forces nostre Seigneur se retourna ove sa Navie Gentz and seeing he could not have Peace and the Alliance failed and also that his Adversary made himself strong with Men at Arms and other Forces near Calais thinking to have a speedy Battel with him he resolved The King passeth to Calais with his Fleet and Army His Foreign Allies with his Fleet and Army to pass over to Calais That when he was landed by Advice of his Council he Mustered his own Forces and those of his Allies which he found there as those of Monsieur Henry de Flanders Monsieur Frank de Vanhale and other People of Almain in great number and marched out of Calais on the Feast of All-Souls or 2d of November toward the He could not provoke the King of France to Battel Places where by Spies or other means he could be informed his Adversary was that he might bring him to a Battel But to avoid that he fled Night and Day the King pursuing him wasting and burning the Country throughout degastant ardent bruillant le pays par tut until by Assent of his Council because his People were much wearied for want of Wine having drank His Men wearied for want of Wine only Water for near four Days per cause que les Gentz fuerent molt lassez pur defaute de Vin ne buerent que de eau bien per quatre jours he returned toward Calais where he designed to have fought his Enemy but he came not Then he paid off his Allies very He pays off his Allies and returns into England frankly they having been there a long time and returned into England to his Parlement After this Relation the 5 Ib. n. 10. Commons were told by Sir William Shareshull Chief Justice of the Kings-Bench They ought to have regard to the great Trouble the King had endured for the Defence and Safety of the Kingdom and of his Readiness to march into Scotland against his Enemies who had taken the Speedy Advice desired of the Parlement The King desires to finish the War with France Town of Berwick by Force And that to shorten the Time of Parlement and their stay in the Town they were to give speedy Advice what was best for the King to do to make an end of the War with France which he desired sovereignly or above all things might be done with dispatch quel il desire sovereignment que soit fait en hast and how he might be best aided to do it to the least Grievance of his People and most Profit to himself he gave them time to answer until Friday next following en sur ceo les dona jour de Respons de Vendredy preschien suant and in the mean time to prepare their Bills and Petitions and bring them into Parlement 6 Ibm. n. 11. A quen Vendredy vindrent les dites Comunes en la presence nostre dit Seigneur le Roy Prelatz Grantz assemblez en la Chambre blanche el eue illoques une brief parlance ove les dits Grantz Granterent uniement c. On which Friday the Commons came into the presence of the King Prelates and Great Men assembled in the White Chamber and having there a short Conference A Subsidy of 6 years granted to the King with the said Great Men Granted uniemen dune accort unanimously and of one accord to the King the Subsidy of Wooll Leather and Woolfel's for six years next coming So as during that time the King should not put any Impositions or other Charges upon the Commons and then they brought their Petitions before the King who answered them Avesbury in his 7 p. 126. a. b. c. 95. His Expedition into France Narrative of the King's Expedition into France tells us That after his return to Calais on Wednesday the Feast of St. Martin or 11th of November the Constable of France and others met the Duke of Lancaster the Earl of Northampton and Sir Walter Manny at the end of the Causway of Calais and by Letters of Credence from their King offered Battel to the King of England on Tuesday following The English Lords answered by the King's Command de Praecepto Regio That it was his Intention as much as he could to avoid the Effusion of Christian Blood and therefore desired to fight Body to Body with his Adversary so as the whole Right to the Crown of France might be decided by this Battel between them two And if this was refused That each of them should take to him his Eldest Son and if he admitted not that Then both to chuse Two Three or Four Knights the nearest to them in Blood to be joined to them and their Sons that so the Right to the Kingdom of France might be finally determined and that he who was Conquered should yield it to the Conqueror Which Offers the French refused standing to their Proposition of Fighting on Tuesday The English offered to Fight the next Day or Saturday The French persisted in their First Offer which the English accepted upon Condition That if they could not bring their King to Battel on that Day they should render themselves Prisoners to the King of England as in like manner they would render themselves Prisoners to the King of France if they brought not then their King to Battel The French refused this Offer and the English thought they trifled with King Edward
Legate endeavours to prevent the Battel Army to the other to prevent them from coming to Blows 2 Froys 8. b. cap. 161. The King of France his Confidence destroyed him Edward offered to pay for all the Damages he had done in his March from Burdeaux to deliver up all his Prisoners and not to bear Arms himself nor any of his Subjects for seven years time against France But K. John believing the Victory secure and certain rejected all his Submissions and blinded with Passion and Anger instead of hemming him in and starving him which could not have failed in three Days time went on headlong with the Courage and Fury of a Lion rather than of a Captain to attack him within his Fastness the * A. D. 1356. 30 Ed. III. 19th of September Nay by the worst Advice in the World he caused all his Horsemen to alight excepting Three hundred select Men who were to begin the Onset and the German Cavalry who had Orders to second them The thickness of the Hedges hindred these Three hundred Horse from breaking in upon them the English-men's bearded Arrows made the Horses mad and turned them upon the Germans who fell into the Avant-Guard and they were totally routed by a Gross of the Enemies who came forth and charged them during their Disorder Of the Four Sons the King had in this Battel Three of them were a little too soon carried out of the Fray by their Governours together with 800 Lances and this gave a fair Pretence of Excuse to all such Cowards as were glad to follow them There was only Philip the Youngest of the Four who obstinately resolved to run the Fortune of his Father and fought by his side The King 's single Valour sustained the Enemy's Charge a considerable time and if one fourth part of his Men had but Seconded him no doubt but he had gained the Victory At length The King of France yields himself His Son Philip and several of the French Nobility made Prisoners he yielded himself up into the hands of John de Morebeque an Artesian Gentleman whom he had banished the Kingdom for some Crime Philip his Son was taken Prisoner with him There were but 6000 French killed in this Fatal Day but of that Number were 800 Gentlemen and amongst those the Duke of Bourbon the Duke d' Athenes Constable the Mareschal de Nesle and above 50 more of good Quality The Young Prince as Courteous as he was Valiant Treated The Prince very kind and civil to the King of France the King as his Lord the same Night he served him at his Table and endeavoured to allay his Grief and Misfortunes by the most obliging and becoming Language he could express The next day fearing this Noble Prey might be snatched from him and withal observing his Soldiers were so laden with Plunder He carries him to Burdeaux with a great number of Prisoners that they were uncapable of further Service he took his March towards Burdeaux and carried away the King and his Son along with him together with a prodigious Number of Prisoners According to 3 F. 79. b. cap. 160. The French in this Battel 4 times more than the English Froysard the Men at Arms only besides others of the French were four times the Number of the whole English Army they being Forty eight thousand divided into three Battels Sixteen thousand in a Battel the English Army not being esteemed above Eight thousand by the Account of Sir Eustace of Ribemont and Two other Lords gave to the King of France having been sent by him to discover their Number In this Battel the Earls of Warwick Suffolk Salisbury Stafford The English Noblemen thatshew most Courage in this Battel Sir James Audeley Sir John Chandos Sir Reginald de Cobham c. behaved themselves very bravely but beyond others the Earl of Warwick Sir James Audeley and Sir John Chandos And as 't is said by Froysard 4 F. 83. a. cap. 164. the Prince of Wales who was Courageous and Cruel as a Lion took that Day great Pleasure to Fight and to chase his Enemies His Courage and Conduct with the Assistance of those about him was in this Battel most certainly very extraordinary and wonderful On the 5th of May next Year the Prince of Wales arrived at A. D. 1357. 31 Ed. III. The King of France brought Prisoner to London Plimouth with his Noble Prisoners the 5 Wals f. 172. n. 40. Knighton col 2615. n. 10 20 c. King of France and his Son where and in his Passage from thence to London he was treated with much Honour and Respect and on the 24th of the same Month had a Publick Entrance made him into that City and was Lodged in the Palace of the Savoy the King Queen and Great Men often making him Visits 6 Holinsâ—ed f. 390. Here he staid until toward the next Spring when he was removed to Windsor-Castle where he and his Son passed the Time in Hawking and Hunting and toward Winter returned to the Savoy Soon after the King of France his 7 Froys â— 1. c. 173. f 86. b. Arrival in England the Pope sent the two Cardinals of Perigord and St. Tital into England to mediate a Peace between the Two Kingdoms but without effect Yet so far they prevailed as to procure a Truce until the Feast of St. John Baptist which was to be in the Year 1359. or A Truce for two years by the Pope's Mediation 33d of Edward III. out of which Philip of Navarre the Countess of Montfort and Dutchy of Britan were excepted Before this by the Mediation of Joan Queen of Scots or as 8 Rot. Scot. 27 Ed. III. M. 2. 't is phrased in the Record Consort to David Brus his Prisoner Sister to King Edward who in the 27th of his Reign had his Leave to come into England to her Husband with moderate Attendance cum moderata Familia and upon the Prayer of David Brus his Prisoner the Prelates Great Men and Commons of Scotland 9 Ibm. 28 Ed. III. M. 4 a la Priere David de Bruys nostre Prisoner des Prelates Grantz Comunes Descoce he granted to Treat with them about his Deliverance And thereupon sent to Newcastle Commissioners appointed to treat about the Deliverance of David Bruce upon Tine the Bishop of Duresme William de Bohun Earl of Northampton and Constable of England Gilbert d'Vmfreyvill Earl of Anegos the Lords de Percy and de Nevill William Baron of Greystock and Henry le Scrop his Commissioners with full Power to Treat with the Bishop of St. Andrews and Brechin Patrick of Dunbar Earl of the March of Scotland the Abbot of Dumfermelin and Master Walter de Moffet Arch-Deacon of Leonesse Commissioners for Scotland Where it was 1 Ibm. Agreed 1. That David should be Ransomed and fet free for Ninety thousand His Ransom 90000 Mercs to be paid in 9 years Mercs of Sterling
according to the Original by others according to the Corrected Articles but 't is not very hard to see thro this Mystery for both Kings and their Sons were very strict and exact in Confirming both Copies of the Articles as they thought themselves obliged by Oath to do and first confirmed them at Calais before the King of France had his Liberty and afterwards at Bologn when he was free from his Imprisonment yet were not so strict and just in the observation of their Oaths in the performance and fulfilling of them but used and made their advantage of the different Copies of the Letters and Instruments as they served their turns All things at that time relating to this Peace at Bretigny that could be having been finished at Calais and Bologne the 1 Froysard lib. 1. c. 213 f. 108. b. A. D. 1360. The King returns to England with the Hostages for the Observation of the Peace of Bretegny King his Sons and others with the Hostages of France took Shipping on the Eve of All-Saints or last of October and came for England where the Lords and other 2 Ibm. Their Freedom and Kind Reception in England Hostages had all the Enjoyments of the City of London Hawked Hunted and Visited the Ladies in the Country without any Restraint the King's Favour being so great towards them It was not long after this 3 Ib. c. 214. Du Chesne f. 693. D. A. D. 1361. King Edward â—â—nt Commissioners into France to take Possession of what had been agreed on that King Edward sent his Commissioners into France to take possession of what was granted him and what he was to enjoy according to the Peace but several Lords in Languedoc and Gascogne refused at first to be wholly under the Power of the English notwithstanding the King of France had Released their Faith and Homage which they affirmed Several Earls Viscounts and Lords refuse to become his Subjects Yet at last submit against their Wills he could not do nor make them Subjects to another Man The Lords were the Earls of March Perrigort Gominges Arminac the Viscounts of Chastillon and Carmaing the Lords of Pincornet and d'Albret yet at last pressed by the King's Command and prevailed upon by the King's Cousin James of Bourbon who was sent Express to them they obeyed against their Wills The same Difficulties were found in 4 Ibm. in both The same difficulties of non-submission in Poictou c. Poictou Rochelois and Xantoigne The Rochellers excused themselves often praying King John he would not put them out of his Power that they might come under the power of the English shewing to him they had rather every year be Taxed to the half of their Goods then come under their Power yet at length they submitted declaring openly That they would obey but their Hearts could never be moved 5 Froys Ib. Du Chesne f. 694. A. Further Difficulties about Evacuating Garrisons This done King Edward made Sir John Chandos his Lieutenant who had possession given him of all the Lands Countreys Towns and Fortresses which he was to have in France by John de Maingre Marshal of France and Received the Fidelity and Homages of all the Earls Viscounts Barons Knights and Esquires Towns and Fortresses making and appointing Seneschals Bayliffs Governors and all Officers in all Places in the Name of the King of England and made his own Residence at Niort a City in Poictou Then these there were yet greater Difficulties for notwithstanding what the English and French Commissioners for evacuating the Garrisons held by or for the English could do 6 Froys Ib. f. 109. b. Robbers Plunderers and Disbanded Officers and Soldiers there were some that would not yield but pretended they were imployed by the King of Navarre There were also many Strangers great Captains and great 7 Ibm. Make a great Body and call themselves Companions Robbers or Pillagers as Almains Brabanters Flemmings Haynalders and Gascoins who would not quit their Imployments or the Kingdom of France but set up for themselves under the Name of Companions and the Disbanded Soldiers of such as gave up the Garrisons and freely left their present Imployments ran into them chose new Captains and formed themselves into a great Body of Men 8 Ib. f. 110. a. so as it was feared in time they might do more Mischief in France then the War had done 9 Walsingh f. 178. l. 9 13. f. 181. l. 9. The greater part of their Leaders were English or at least under the Dominion of the King of England yet would not obey his Orders answering they must live by what they got To reduce these or expel them the Nation 1 Froys Ib. c 215. f. 111. 4. James of Bourbon sent with an Army to reduce them the King of France sent his Cousin James of Bourbon with an Army which was routed and himself much wounded of which Wounds he died three days after 2 Ibm. which was routed and himself killed They divide into Two Bodies These Companions pillaged and plundered the Countreys and good Towns where-ever they came and by the encouragement of this Victory or Advantage they grew very numerous so as they divided themselves into Two Bodies one whereof lay at Ance upon the River Saone not far from Lyons 3 Ib. f. 111. b. One whereof marched toward Avignon And threatned the Pope and Cardinals the other marched down by the River Rhosne leaving Lyons toward Avignon and in their way took the Bridge and Town of Holy Spirit within Seven Leagues of that Place and other Fortresses making themselves Masters of that River in this Place they found great Riches and had contrived to proceed to Avignon and take it or bring the Pope and Cardinals under their Mercy Pope Innocent and the Cardinals much disturbed at the Proceedings of these People who besides Robbing and Plundering committed all sorts of 4 Ibm. A Croysado Preached up against them without effect horrid Villanies preached up a Croysado against them and absolved all from Crime and Punishment a culpa poena who would venture their Lives to destroy them 5 Ibm. The Artifice to divert them but this Design did not take and therefore they sent to the Marquis of Montferrat who had then War with the Milanese to come to Avignon 6 Ibm. where it was contrived That for a good Sum of ready Money and the Promise of great Pay he should attempt to get them into his Service which had its due effect for upon the Payment of the Money and his Promise they quitted the Town of St. Spirit and other Places and marched with him into Piedmont The other Body of Companions would not stir out of France but kept possession of what they had got and increased in their Numbers and Outrages During these Confusions in France King Edward sent his Commissioners Sir Thomas Vuedale and Mr. Thomas de Dunclent Licentiate in Laws to the King
Treason and to be punished without Remission or Connivance And further That one King do not Receive the Enemies of the other but preserve their Honour Reciprocally And that King 1 Ibm. Edward on his Part deputed no body to Bruges at the time appointed to make the Exchange of the Treaty and Renunciations 2 Ib. f. 694. A. B. That instead of delivering the Fortresses and Garrisons he held in France at his own Charge as he was expresly bound by the Treaty he kept many in his own Name under pretence of Wages due to the Soldiers as then unpaid and seized upon others and continued the War in effect by those of his Party who changed their Names and called themselves Companions who would not yield the Places they held without an unreasonable Redemption or Payment for the quitting of them Further That he took no notice of the Difference between his Son-in-Law John Montfort and Charles Earl of Blois concerning the Dutchy of Bretagne as by the Treaty he was equally bound to do as the King of France was but suffered the War to continue there to weaken the Force of France and to prevent the Return of the Companions into England lest that might have been too great Charge and Trouble to him That he never kept his Faith with France Lastly That he had done Homage and sworn Fealty to the King of France as to his Superiour Lord for the Dutchy of Aquitan Earldom of Ponthieu c. Mezeray 3 Fol. 388. writes That King Edward thought himself absolute Soveraignt in Guyen by the Treaty of Bretigny but as on his side he had not Disbanded his Soldiers and moreover he had committed divers Hostilities the King of France pretended that Treaty was null and void and that therefore he remained still a Vassal to the Crown And that it was upon this foot that All the Lands the King of England held in France declared so feit and to be confiscated for Rebellion Contempt and Disobedience he sent to declare War against him And afterwards his Parlement being assembled on Ascension-Eve sitting in his Seat of Justice made a Decree by which for Rebellion Contempt and Disobedience they declared forfeit and confiscated all those Lands the King of England held in France But beyond this Pretence in the Declaration of the Confiscation of the Dukedom of Aquitan against King Edward and the Prince of Wales by Charles V. King of France Dated at Vincennes the 14th of May 1370. it is positively affirmed That the Superiority and Resort of the whole Dukedom of Aquitan and the other Lands delivered and assigned to the English by that Treaty were especially and expresly reserved to his Father himself and Successors See the Instrument it self in Codex Juris Gentium Diplomaticus Fol. 229. Paragraph 1. wherein they are said to have violated the Peace they solemnly Sware to maintain and for that their Rebellion there so called their Contempt and Vsurpation of the Superiority and Resort of the Dukedom of Aquitan and other Lands and many other Crimes there mentioned that Dukedom c. was decreed Confiscate and to be annexed to the Crown of France The War being open the King 1 Claus 43 Ed. III. M. 24. Dors A. D. 1369. Summoned a Parlement to meet on the Octaves of Holy Trinity or the next Sunday after that Feast being May 27. this Year 2 Rot. Parl. 43 Ed. III. n. 1. A Parlement called The cause of Summons The King Prelates Dukes Earls Barons Knights Citizens and Burgesses being in the Painted Chamber the Bishop of Winchester then Chancellor shewed the cause of Summons telling them That the King in all his great Business touching himself and the Kingdom had in all times done and wrought de tout temps ad fait overs c. by the Counsel and of the Great Men and Commons of the Realm who he found in all his Affairs Good and Loyal for which he thanked them and would not any thing should be unknown to them He further told them That with their Advice and An account of the Transactions between K. Edward and his Adversary of France Counsel he had made Peace with his Adversary of France upon certain Conditions That he should cause to be delivered unto him certain Lands and Countries beyond Sea and also pay him certain Sums of Money at certain times appointed in the Peace and that he should lay aside the Use of Resort in all the Lands and Countries of Gascon and all the Lands and Countries which the King held beyond Sea and that he was to part with the Name and Title of the King of France for the same time pur His unfaithful Dealing with K. Edw. mesme le temps That his Adversary had wholly failed to make Delivery of the Lands and Countries so Agreed to be Delivered by the Peace and of his Payment also That nevertheless he had received the Appeals of the Earl of Armynak the Lord de la Bret and others which were the King's Lieges in Gascon and by virtue of their Appeals had caused to be Summoned the Prince of Gascoigne to appear before him at Paris le Prince de Gascoigne dapparer devant luy a Paris c. the first Day of May last past to Answer their Appeals against the Form of the Peace 3 Ibm. n. 2. And further That he had sent a great Number of Men at Arms and others into the Countries of Gascoigne and there by force had taken Towns Castles Fortresses and other Places killed some of the King's Liege People taken others and imprisoned them in expectation of great Ransoms The like also he had done in Ponthieu And because of these things done in the Principality against the Form of the Peace 4 Ibm. n. 3. the Prince sent solemn Messengers to inform the King he had called to him the most Wise Men of the Principality and treated with and propounded to them whether by reason of these things he might not by Right and Reason retake upon him and use the Name of King of France who answered and affirmed the King might do it by Right and Good Faith de Droit bon Foi 5 Ibm. Upon which Point the Arch-Bishop of Canterbury and the other Prelates were charged by the King furent chargez par le Roy to treat and shew their Advice and Counsel lour Avys Conseil On Wednesday following the 6 Ibm. n. 8. King Edward by Advâ—câ— of Parlement retakes upon him the Title and Name of King of France Arch-Bishop and Prelates after mature Deliberation had upon the Charge with one accord answered and said respondrient desoient That the King for the Causes above-said might retake and use the Name of King of France by Right and good Conscience To which Agreed the Dukes Earls Barons and other Great Men and Commons in full Parlement a ce 7 Ibm. accorderent les Ducs Countes Barons autres Grants
permit him and to Bertrand himself to come into France and to enter into his Service who made all the haste he could and came and joined the Duke of Anjou at Tholouse About the same time the 8 Ib. c. 279. The Duke of Lancaster arrived at Burdeaux with more Forces from England Duke of Lancaster arrived at Burdeaux with more Forces from England who marched forthwith to the Princes Rendezvous at Cognac where he met with the Earls of Cambridge and Pembroke who all joining with the Forces of Xantong and Poictou which the Prince had Summoned in made a great Body of Men. In the mean time 9 Ib. c. 280. Limoges delivered to the French the Duke of Berry lay before Limoges who being reinforced with Forces sent under the Conduct of Bertrand de Guesclin caused the City to Treat and was soon delivered by the Bishop and Citizens into the hands of the French to whose King they gave their Faith and Homage While these things happened in Aquitan the Command of the 1 Ib. c. 280. Mezer. f. 390. The English harass and burn the Countries about Paris Army about Picardy was given to Sir Robert Knolls which terrified the Country as far as the Loir it harassed Vermandois Champaign la Brie and the Isle of France burnt all round Paris yet nothing could move the King of France to send out of Paris any Force against them The Prince much inraged with 2 Froysard c. 283. The Prince inraged with Limoges takes it by Storm puts to the Sword 3000 Men Women and Children Burns and destroys the Town Limoges for rendring as it did was resolved to execute his Revenge upon it set his Miners to work to undermine the Wall which they did in the space of a month so as a great part of it fell into the Ditches when the Town was taken by Storm and more than Three thousand Men Women and Children of the Inhabitants put to the Sword the Town burnt and destroyed by the Prince's Command The Bishop likewise should have had his Head strucken off had not the Duke of Lancaster begged him of the Prince and the Pope by sweet Words and kind Intreaty prevailed with the Duke to send him to Avignon 3 Ib. c. 280. The weak Condition of the Prince 4 Ib. c. 287. His return to England The Prince at this time was carried in a Horse Litter being so weak he could not ride This was the last Warlike Athievement of the Prince being 4 advised by his Physicians and Chirurgeons to return into England for his Health's sake He took their Advice and with his Princess his young Son Richard the Earls of Cambridge and Pembroke came for England leaving the 5 Ibm. A. D. 1370. Affairs of Aquitan to the Management of his Brother John Duke of Lancaster By this time 6 Du Chesne f. 707. B. Bertrand de Guesclin had Baffled the Army of Sir Robert Knolls that had Braved all France and recovered from the English many Towns and Fortresses for which Services he was Bertrand de Guesclin made Constable of France made Constable of France on the Second of October In the latter end of the 44th year of Edward the Third on the 8th of January he 7 Rot. Claus 44 Ed. III. M. 1. Dors issued Summons for a Parlement to meet on Monday in the first week of Lent being the Feast of St. Matthias or 24th of February in the 45th of his Reign on A Parlement summoned which day the King Prelates Great Men and Commons Grantz Coes assembled in the Painted Chamber 8 Rot. Parl. 45 Ed. III. n. 1. The Cause of Summons and the Bishop of Winchester then Chancellor declared the cause of Summons to be That by their assent last Parliament the King did retake upon him the Name of King of France because his Adversary had broke the Peace and used the Resort which by that belonged to him for which cause and others he had been at great Expences and sent some Great Men and others to a great number to recover and conquer his Right par son droit avoir conquere and that the King had received News from his Friends and Allies That his Adversary had made himself stronger then he had done before que son adversair se fait plus fort quil nad fait devant and directed so great a number of People to be brought together as seemed to him were able this year to put him out of possession of all his Lands and Countreys beyond Sea as well in Gascoign as at Calais Guines Pontheu and other Places and further That he had such a Fleet ready as seemed sufficient to destroy the whole English Navy a destruire toute la Navy Dengleterre and also That he prepared to send over a great Army into this Land to destroy conquer and subject it to his Power Wherefore the King required and charged the Great Men and Commons par quoi le Roi requert charge les Grantz Coes That they would Advise about these Points and Counsel him how the Kingdom might be safely guarded the Navy preserved from the Malice of his Enemies how his Lands beyond Sea should be kept the War there maintained and the Conquest of them carried on Upon these 9 Ib. n. 8. Causes thus propounded and many ways of Ayd Touched Treated of and Debated between the Great Men and Commons plusours voies de eide touchez tretez parlez debatuz per entre les Grantz Comunes in consideration of the great Costs and Charges the King was to be at for the Causes abovesaid the same Great Men and Commons mesmes les Grantz A Subsidy of 50000 l. granted to be levied ratably upon every Parish Comunes on the 28th day of March granted a Subsidy of 50000 l. to be levied of every Parish of the Land 22 s. 3 d. so as every Parish of greater value should contribute ratably to those of less value But at the Great Council holden at 1 Ib. n. 6. A great Council at Winchester The number of Parishes could not answer 50000 l. as it was to be levied upon them and therefore they were Taxed higher Winchester Eight days after Trinity Sunday the Chancellor shew the Great Men and Commons there assembled fust monstre par le Chancellor as Grantz Comunes illoeques assemblez That the number of Parishes in England would not answer the Sum of 50000 l. as might appear by the Certificates of all the Arch-Bishops Bishops and Sheriffs made and returned into Chancery by the King's Warrant 2 Ib. n. 10 â—1 Note That the Transactions of this Council and the precedent Parlement are entered in the same Roll and the numbers continued as if it were one and the same Assembly Which Certificates being Examined sur se plusors tretes parlances eues and many Treaties and Conferences had upon the Matter at last in full accomplishment of the Sum of
50000 l. the said Great Men and Commons les ditz Grantz Comunes granted of every Parish within the Kingdom of England Cxviâ—s the Sum of 22 s. 3 d. first granted being comprised therein except the County of Chester and the Church Lands which were Taxed to the Tenth so as always the Parishes of greater value should be contributary to those of less value The 3 Ib. n. 12 13. Commission of this Grant was read before the King Great Men and Commons and the Names of the Collectors given in by the Knights of the Shires and also the Names of the Lords and others that were assigned to see the Tax was duely and reasonably Assessed and Levied and the Petitions of the Commons that were not answered in the preceding Parliament were answered in this Council amongst which this following is very observable For that 4 Ib. n. 15. it had been declared to the King in this present Parlement by all the Earls Barons and Commons of England That The Commons Petition that Lay-men and no others might be made the great Officers of the Kingdom the Government of the Kingdom had for a long time been managed by Men of the Church whereby many Mischiefs and Damages had happened in time to come in Disherison of the Crown and to the great Prejudice of the Kingdom It would please the King That Laymen of sufficient Abilities and no others might for the future be made Chancellor Treasurer Clerc of the Privy Seal Barons of the Exchequer Chamberlanes of the Exchequer Controller and other Great Officers and Governors of the Kingdom and that this Matter might be so Established that it might not be Defeated or any thing done to the contrary in time to come saving to the King the Election and Removal of such Officers yet so as they should be Lay-men The King's Answer was 5 Ibm. He would do in this Point what The King's Answer seemed best to him by Advice of his Council The Members of this great Council were 6 Rot. Clause 25 Ed. III. M. 29. Dors The Members of the great Council at Winchester four Bishops four Abbats six Earls six Barons and such and so many of the Commons as the King named in his Writs to the Sheriffs which were of the last Parlement for Kent there were only 7 Ibm. Thomas Apuldrefeld one of the Knights of the Shire Edmund Horner one of the Citizens of Canterbury and John Fynchynfeld one of the Citizens of Rochester About this time 8 Froys c. 295. John Duke of Lancaster Married Constance the Eldest Daughter of Peter the Cruel King of Castile c. the true Inheritrix of that Kingdom and took upon him the Title of King in her Right * Ib. John Duke of Lancaster's Title to Castile 9 Ib. c. 296. Whereupon Henry the Bastard of Castile made a League Offensive and Defensive with the King of France 9 After Michaelmas he came for England for Instructions how to carry on the Affairs of Aquitan leaving Governors and Deputies in Guien and Poictou his Wife and her Sister Isabel who was afterward Married to Edmond his Brother Earl of Cambridge came with him And this Winter 1 Ibm. Two Armies to be sent into France were divers Councils holden about the Affairs of Aquitan and other Parts in France and how the War was to be maintained there next Summer at last it was resolved there should be Two Armies sent thither one into Guien and another by the way of Calais In the Spring 2 Rot. Vasc 46 E. III 〈…〉 Henry the Bastard of Castile assists the King of France with a Fleet. the Earl of Pembroke was made Lieutenant The Earl of Pembroke Lieutenant of Aquitan of Aquitan and was ordered to go by Poictou into Guien with a Fleet and Forces and to land at Rochell The King of France knowing what was designed in England sends to Henry the Bastard of Castile to assist him with a Fleet who sent one greater and far more powerful than that of England 3 Froysard c. 297 298 299. A. D. 1372. The English Navy destroyed The Earl of Pembroke taken Prisoner The Two Fleets met at the Entrance of the Bay of Rochell on the 22d of June where they fought two days most of the English Navy was destroyed or taken and the Earl made Prisoner The Rochellers saw all this but gave no assistance to the English tho demanded of them The Ship also was sunk in which the Treasure was for the payment of the Soldiers in Aquitan The Earl of Pembroke was sent Prisoner into Spain to Henry the Bastard who about 4 Walsingh y prodig Neustr f. 530. n. 10. He dies three years after sent him to Bertrand Guesclin for a Sum of Money he owed him The Sum of his Ransom was agreed on at Paris but coming for England to raise the Money being very weak he died before he reached Calais and the Constable of France lost the Price of his Redemption After this Fight at Sea and the Destruction of the English Fleet 5 Froysard c. 304. Rochell declares for the King of France Rochell declared for the King of France and all Rochelois In Poictou the Constable reduced many Towns and Forts and besieged 6 Ib. c. 305. Mezer. f. 392. The Town of Thovars forced to Capitulate The Terms granted unto them Thovars whither most part of the Lords and Chief Men of that Country were retired as to a Place of Security In a short time they were forced to Capitulate and Agree That they should put themselves their Lands and the City under the Obedience of the King of France unless upon their sending to the King of England he himself or one of his Sons came with an Army to relieve them by next Michaelmas-day The Messengers 7 Froysard as above King Edward resolved to go into France with an Army sent from Thovars informed the King Prince and Council of the Condition of Poictou and Xantonge and especially of that Place The King resolved to go over himself and was advised to take with him that Army which was to march into France by the way of Calais 8 Ibm. He summons the Noble and Military Men to pass with himself and Prince of Wales and besides he sent forth Summons for a very considerable number of the Military Men and many of the Nobility to be ready to pass the Sea with him and the Prince of Wales into Poictou On 9 Rot. Clause 46 Ed III. M. 12. Dors A. D. 1372. Prayers made for success Monday August 30. Orders having been given for Publick Prayers to be made in all Churches for good success upon the Voyage he took Ship with many of the chief Nobility and with 400 Vessels 1 Froysard as above The Voyage unhappy by reason of contrary Winds of all sorts sailed toward the Coast of France and Poictou but the Wind was always contrary so as he could
not land Having kept the Sea about five weeks and the time limited for Relief or Surrender of the Town being past he returned to England in the beginning of October 2 Ib. c. 306. Poictou Xantogne and Rochelois lost This unhappy Voyage with the Disaster of the Earl of Pembroke lost all Poictou Xantogne and Rochelois On the very day 3 Pat. 46 Ed. III. Part. 2. M. 25. Richard Son to the Prince of Wales made Guardian and Lieutenant of England in his absence he put to Sea he made his Grandchild Richard Son to the Prince of Wales then scarce Seven years old Guardian and his Lieutenant of the Kingdom during his absence appointing him a Council fit for the Management of the Publick Affairs Two days after on the first of September 4 Clause 46 Ed. III. M. 11. Dors Summons of Parlement he issued Writs of Summons for a Parlement to meet 15 days after Michaelmass but before that time King Edward was come into England and by his 5 Ib. M. 10. Dors Which Prorogued by Writ Writs dated at Winchelsea on the 6th of October he prorogued this Parlement to the morrow of All-Souls or 3d of November Sir John Knivet 6 Rot. Parl. 46 Ed. III. 11. 1 2 3. Further Declaration of Summons declared in part the Causes of Summons the Parlement being adjourned until Friday after that Monsieur Hugh Bryan in the White Chamber acquainted 7 Ib. n. 7. The Revenues of Guien not sufficient to support the Government of it c. the Prelates Duke Earls Barons and Banerets les Prelates Dâ—â— Countes Barones and Banerets That the Prince who had the Principality of Guyen by the Grant of the King had often signified to him when there by Letters and Messengers That the Revenues and Profits arising from the Principality did not nor could suffice to maintain him and support the Government and Wars against their French Enemies and other necessary Charges without great assistance from the King and that the Prince having made these things appear to the King and Council when first he came into England had surrendred 8 Ib. n. 8. The Prince resigns it into the King's Hands into the King's Hands the Principality and all he could claim there by virtue of his Grant in the presence of the King's Council and some other Great Men. On the next day being 9 Ib. n. 9. Yet a further Declaration of Summons Saturday Sir Hugh Bryan before the Prince Prelates Dukes Earls Barons and Commons in the White Chamber more especially declared the Causes of Summons That the King by Advice of the Great Men des Grantz had ordered many Great Men plusours des Grantz with sufficient Power some into Gascoigne others to Calais to oppose the Malice of his Enemies and make War upon them by all the ways they could That afterwards for sudden News that came to the King he made ready with all his Power to put to Sea or go to Sea ove tout son poair daler sur la Meer against his Enemies to do what he could against them but by reason of the Wind being contrary and other Causes reasonable par contrariousete de vent autres causes reasonables he came back into England and caused to be summoned and prorogued this Parlement that the Great Men who were with him upon the Sea might be there that by the good Advice and Counsel of them and others and The French make themselves stronger by Sea and Land then ever they had done before also of the Commons anxi une la Coe he might do the best he could for the safety of the Nation and to resist and oppose the Malice of his Enemies who had made themselves much stronger by Land and Sea then ever they were before qui plus safforcent de guerer si bien par terre come par Meer que unques fesoient a devant And then 1 Ibm. beseecheth the Prelates Prince Dukes Earls Barons and Commons on behalf of the King supplia as ditz Prelates Prince Ducs Countes Barons as Coes de par le Roi that they would advise upon this Matter and give such Counsel donner tiel conseil and Ayd to the King as seemed to them best profitable for the Nation and to restrain the Malice of his Enemies Queux 2 Ib. n. 10. These Commons were the Knights of Shires Prelates Prince Ducs Counts Barons Coes eu sur les pointes de lour charge as dependantz dycelles plein deliberation c. which Prelates Prince Dukes Earls Barons and Commons having had full Deliberation upon the Points of their Charge and the Dependences thereon and also considering the great and outrageous Charges and Expence the King was to be at for the Defence of the Nation and Maintaining the War against his Enemies granted him the Subsidy of Wooll Leather and Wooll-fells A Subsidy upon Wooll c. for Two years to begin at Michaelmass last past of every Sack of Wooll which passed out of England 43 s. 4 d. of every Twelvescore Woollfells as much of every Last of Leather 4 l. of Denizens besides the old Custom and of Strangers or Forreigners four Marks of every Sack of Wooll as much of every Twelvescore Woollfells and Five Pounds six shillings eight pence of every Last of Leather And whereas 4 Ibm. A Fifteenth granted the Subsidy and Custom so granted could not be sufficient for the great Expence and Charge the King was to be at for the Causes abovesaid as it was openly shewed unto them the same Prelates Prince Dukes Earls Barons and Commons having regard thereto 5 Ib. n. 11. granted One Fifteenth for one year to be levied as the last was On the 23d of 6 Ib. n. 12. November the King Prelates Duke Earls Barons and Commons assembled in the White Chamber when the Chancellor declared to the King how kind the Lords and Commons had been to him in granting him the Subsidy and Fifteenth who much Thanked them for their great Ayd and and then the 7 Ib. n. 13. Petitions of the Commons were read and answered when the Knights of Shires had leave to depart 8 Ib. n. 14. and sue out Writs for their Wages or Expences pour lour depenses but the Citizens and Burgesses were commanded to stay 9 Ib. n. 15. The Grant of the Citizens and Burgesses who the same day assembled before the Prince Prelates and Great Men and for the safe coveying of their Ships and Goods granted 2 s. upon every Tun of Wine coming in or passing out of the Kingdom and 6 d. in the Pound of all Goods for a year The next Year the King 1 Rot. Fran. 47 Ed. III. M. 18. A. D. 1373. John Duke of Lancaster the King's Lieutenant in France and Aquitan made his Son John King of Castile and Leon and Duke of Lancaster his Lieutenant as well in the Kingdom of France as
King grants the first And will forbid the second with him or in the Kingdom to uphold any Quarrel or Suit by Maintenance 5 See Stat. at Large first of Rich. II. cap. 4. under pain of loosing their Offices and Services and to be Imprisoned and Ransomed at the King's Pleasure The Commons also 6 Rot. Parl. 1 Ric. II. n. 50. The Commons pray all great Officers of the Court and Kingdom may be appointed in Parlement during the King's Minority pray That during the King's Minority the Chancellor High Treasurer Chief Justices of one Bench and the other the Chief Baron of the Exchequer the Steward and Treasurer of the Houshold the Chief Chamberlain and Clerk of the Privy Seal the Wardens of the Forrests of this side Trent and beyond might be made and provided by Parlement and if it should happen that any of these Ministers or Officers should be laid aside between one Parlement and another That then another be put in his place by his great Council until next Parlement It was agreed That 7 Ib. Ro. It was agreed that some of those Officers should be chosen by the Lords in Parlement while the King was under Age that the Counsellors Chancellor Steward of the Houshold and Chamberlain should be chosen by the Lords in Parlement soient esluz par les Seigneurs en Parlement saving always the Estate and Heritage of the Earl of Oxford to the said Office of Chamberlain and as to the other Officers abovenamed the King should make them by the assent of his Council The Commons of the Kingdom shew to the King and Council of Parlement That in many parts of the Kingdom of England 8 Ib. n. 88. The Commons complain of the Practices of the Villanes A nostre Seigneur le Roi a Conceil du Parlement monstrent la Comune du Roialme qen plusours parties du Roialm d'Engleterre c. the Villanes and Land Tenents in Villenage as well of Holy Church as Lay Lords which owed Services and Customs to their Lords had withdrawn them of late and did daily withdraw them by procurement of certain Advisers Maintainers and Abettors in the Country who received Money of them by colour of Exemplifications purchased in the King's Court out of Domesday Book of the Mannors and Towns where they dwelt by vertue whereof and the ill Interpretations of them they said they were quit and discharged of all manner of servage as well of their Bodies as Tenures and would not suffer any Distress to be taken or Justice done upon them threatning their Lords Servants to Kill or Maim them and gathered themselves together in great Routs and agreed by Confederacy to aid one another by force to resist their Lords Therefore to prevent the Mischiefs which might insue 9 Ibm. and to avoid the like Danger that lately happened in France by such Rebellion and Confederacy of the Villanes against their Lords they prayed due Remedy The Answer was 1 Ib. Ro. The Answer to the Complaint of the Commons That as to the Exemplifications Grants and what had been done in Chancery it was declared in Parlement that they could not nor ought not to be of any value or hold place as to the freedom of their Bodies nor change the condition of their Tenure and Customs anciently due nor do prejudice to their Lords concerning them who if they would might have Letters Patents of this Declaration under the Broad Seal and also the Lords that found themselves grieved might have special Commissions to Justices of Peace and others to enquire of all such Rebels and their Offences and their Counsellers Advisers and Abettors and to imprison all those that shall be brought before them without Bail Mainprise or otherwise until they were prosecuted and acquit c. See Statutes at large 1 Rich. II. which agrees with the Parlement-Roll in many things though not in all The Commons pray further 2 Ibm. n. 95. That a Parlement may be holden The Commons Petition for a Parlement in a convenient Place once a Year to redress Delays in Suits and to end such Cases wherein the Judges were of different Opinions They had this Answer 3 Ibm. Ro. The Answer to that Petition The Statutes therefore made shall be observed and kept and as to the Place where the Parlement shall be holden the King will do his Pleasure The Citizens of London demanded 4 Ibm. n. 131. The Citizens of London demand they may have their own Interpretation of their Charters That upon the King 's special Grace for the Enlargement of the Franchise of their City that if any Article in the Charters granted by him or his Progenitors to the said Citizens should prove difficult or doubtful and might be taken in divers Senses then that the Sense they claimed to have it in might be allowed This was the 5 Ibm. Ro. The Interpretation of Charters belongs to the King c. Rencounters between the English and French c. Answer That the Interpretation of the King's Charters belonged to him and if any Doubt arose the King by Advice of his Council would make such Interpretation as should be according to Reason and Good Faith bone Foy. Several 6 Walf A. D. 1377 1378. 1 2 Râ—â— II. Rencounters Burning and Plundering each others Towns on the Coasts and some in the Countries taking and surprizing of some small Towns and Castles happened between the English and French at this time The Town of 7 Ibm. The Town of Ard betrayed Ard was betrayed to the French Sir Thomas de Hilton Governour of Aquitan marched with a few English against a Body of French was overcome by them and taken Prisoner with many Noblemen of that Country of the English Party About the same time the English having notice that there were many Spanish Ships in the Harbour of Sluse in Flanders set out a great Fleet to surprize them under the Command of Thomas of Woodstock Earl of Buckingham the Duke of Britan who was then in England and others which by Storm was scattered at Sea but after the Storm came together again upon 8 Spanish Ships taken and 22 of other Nations the Coast of England where they suddenly refitted and put to Sea again and took Eight Spanish Ships near Brest and Twenty two others of several Nations laden with French Goods Hugh Caverly Governour of Calais burnt Twenty six French 26 French Ships burnt Ships in the Haven of Bologne burnt the Low Town and returned with much Plunder of Goods and Cattel The Men of Rye and Winchelsy sailed toward Normandy landed The Men of Rye and Winchelsy land in Normandy kill and burn c. in a small Town and Port where they killed all they met in the Streets except such as they thought able to redeem themselves by Money those they carried Prisoners to their Ships and then burning the Town and Country returned home with a rich
that the Subsidy of Woolls Leather and Woollfells was to end at Michaelmas next coming and that from thence the King was not able to endure the great Charges he was to be at to maintain the War in the Marches of â—alais Brest Cherburgh in Gascoigny Ireland and the Marches of Scotland they grant him the same Subsidies from the time they were to end until Michaelmass next after praying the King there might not be a Parlement to charge the Poor Commons until a year after Michaelmas next coming The Scots toward the latter end of this 9 Walsingh f. 240. n. 30 40. A. D. 1380. The Barbarity of the Scots in Cumberland and Westmerland Summer invade Cumberland and Westmerland raging killing and burning every where and driving away as the Historian says it was reported 40000 of all sorts of Beasts and went to Penreth where was then a great Fair and Conflux of People they killed some carried away others Captive and with them all the Goods of the Town and Fair. The Earl of Northumberland was preparing to 1 Ibm. drive them out of the Country and Borders and force them to make Satisfaction Which was to be considered on the March-Day or do the same things in Scotland when he received a Prohibition from the King not to do any thing but to expect the March Day which was a day appointed for the English and Scots to meet every year and adjust things done by either Nation upon the Borders In the same year 2 Mezeray f 398. The Death of Charles King of France on the 16th of September died Charles the Fifth King of France called The Wise On his Death-Bed he left the Regency to his next Brother the Duke of Anjou directing him to make some Agreement with the Duke of Britan if possible His Eldest Son 3 Ibm. f. 400 401. His Son Charles succeeds him Charles succeeded him being then about Twelve years of Age and was Crowned at Rheims on the 4th of November At this time there were great 4 Ib. and f. 402 403. Great Tumults and Disorders in France Tumults and Disorders in France by reason the Duke of Anjou had not taken off the Imposts as his Brother had Commanded on his Death-Bed but settled new ones especially upon the City of Paris The like 5 Ibm. and Walsingh f. 241. n. 20 30. The same in Flanders Mutinies Confusions and Tumults were then in Flanders by the Seditious People against their Earl especially those of Ipre and Gaunt having received great Provocations from him as Walsingham relates it After the 6 Froysard c. 360. Disaster of the Fleet and Army under the Command of Sir John Arundel Sir Thomas Percy c. the Duke of Britan this Summer about Whitsuntide sent to the King for Assistance against the King of France Thomas of Woodstock Earl The Duke of Britan sends to the King for Assistance of Buckingham 7 Ibm. as General the Earl of Stafford and many Barons Knights and Esquires of great Note and Skill in Arms were appointed and retained for this Expedition and 8 Ibm. landed at Calais on the 19th of July 1380 and marched from thence into Britany thro' Champagne and other Countreys by small Marches without any considerable Disturbance 9 Ib. c 363 and 365. wasting the Countreys as they went staying 2 3 4 days or more at every place or good Town where they rested and took up their Quarters When they came near Britany the Englishmen wondered they 1 Ib. c. 368. The Duke's negligence heard not from the Duke the Earl sent to him Sir Thomas Percy and Sir Thomas Trivet who met him on the way going to the Earl When they came together at Rennes they resolved to besiege Nantes as the most obstinate and Rebellious 2 Ib. c. 369. The English besiege Nants Town in Britany the Duke to assist the Earl in this Siege with his whole Force The English remained 15 days at Rennes to make themselves ready and went before the Town They within the Town had notice of these things who sent to the Duke of The Duke 's further Negligence Anjou to send them some French Officers and Soldiers to join with them for the Maintenance of the Place and they had them The English lay before 3 Ib. c. 374. They raise the Siege Nantes Two months and four days and never heard of the Duke or his Men when on the day after New-years-day they raised the Siege and marched towards Vannes where the Duke was and there and several other Towns near upon the Coast of Britany the English were Quartered all Winter 4 Ibm. The Earl's intention was at the Spring to march into France and to that purpose sent into England for more Forces The King and his Council approved his Design and engaged to send another Army to land at Cherburgh in due time to join him All this while the Duke had 5 Ibm. The Duke of Britan makes his Peace privately with France had Commissioners at Paris privately making his Peace with the Duke of Anjou which was concluded upon these Articles First it was agreed That the Duke of Britan should provide Ships to carry back the English into their own Country Secondly That the Garrison of Cherburgh The Articles of that Peace which was with the Earl before Nantes should if they would return thither by Land and have Safe Conduct Thirdly That after the departure of the English the Duke to go into France and do his Homage and Fealty to the French King as his Natural Lord. 6 Ibm. Soon after this Agreement the Duke came to Vannes and privately acquainted the Earl with it excusing himself by the obstinacy of his People and that otherwise he must have lost his Country 7 Ibm. On the 11th of April the Earl with the English set Sail from Vannes and other small Ports near and came for England About Michaelmass 8 Holinshed f. 428. and Walsingh f. 244. n. 20 30. The Duke of Lancaster went with a great Force into the North parts And did nothing the Duke of Lancaster the Earls of Warwick and Stafford with other Lords and great Soldiers with a great Force went into the North Parts to Account with the Scots for their late Invasion and lay so long in Northumberland as they ruined the Country more then a Scottish Irruption would have done They made a Truce with the Scots for half a year and so returned bringing nothing from Scotland but some Horses which they divided amongst themselves On Monday next after the 9 Ro. Parl. 4 Ric. II. n. 1 2. A Parlement at Northampton Feast of all All-Saints there was a Parlement holden at Northampton which was adjourned until Thursday at which time the Arch-Bishop of Canterbury then Chancellor tho many Temporal Lords were absent in the Marches of Scotland with the Duke of Lancaster declared the Causes of their
the Great Men that adhered to him to have pillaged plundered and burnt the City knowing all the poor People were with him 1 Ibm. There were three several Charters sent but none pleased him The King at last sent to him that he would come and treat with him about the Articles he insisted upon to have inserted in the Charter and when the Messenger desired him to make haste he bid him if he were so much in haste return to the King he would come when he pleased 2 Ibm. When he came with his Multitude behind him into Smithfield where the King was he behaved himself with such intolerable Rudeness toward the King and those about him and making such Demands as could not be granted the King commanded William Walworth Major of London to Arrest him who with great Courage struck him a Blow on the Head with which he sunk upon his Horse Wâ—t Tiler k 〈…〉 kt down by the Major of London and killed and others of the King's Servants and Citizens thrust him thro' the Body in divers places when he fell dead off his Horse almost under the King's Horse's Feet 3 Ibm. who finding his Followers much moved at their Captain 's Death lest they should proceed to do further Mischief rode up to them with his Military Men and Friends about him and spake to them not to be troubled for the Death of such a Rogue and Traytor telling them he was their King and would be their Captain and Leader bidding them follow him into the Fields where they should have what they would ask In the mean time the Major of London got 1000 Men into Arms and put Sir Robert Knolls at the Head of them His Followers lay down Arms and beg pardon who marching into the Fields in good Order so daunted the Rustic Rebels that they threw down such Arms as they had laid themselves upon the Ground and begged Pardon 4 Ibm. Whereupon Proclamation was immediately made in London that the Citizens should have no Correspondency with them nor permit any one of them to come into the City The Military Men about the King ask him to permit them to serve the Rebels as they had served others to cut off an Hundred or two of their Heads He would not consent lest the Innocent might suffer The King 's great Mercy to them with the Guilty many having been drawn in by Fear and such fair Pretences as they could not know but they might be Good and Loyal And beyond this unknown Mercy he sent them the Charter he had Granted to those of Essex and other Countries At the same time and on the same Days 5 Wals f. 254 255 256 257 c. The villainous Practices of those about St. Albans the Tenents and Villains of the Abby and the Townsmen of St. Albans with the Rustics of the whole Shire of Hertford and Countries near assembled at St. Albans requiring of the Abbat and Convent to be Manumised and made Free to have the Liberties of the Town enlarged and to have the Charters and Grants of Privileges and Liberties to the Abby delivered to them Which by the King's Order were so delivered and were with great Triumph burnt in the Market-place They also had from the Abbat and Convent Letters of Manumission and Freedom dictated by themselves threatning if they would not grant such to burn and demolish the Abby cut off the Heads of the Abbat and all the Monks And in the mean time while they obtained these things they cut off the Heads of such as they thought were their Enemies or would not do as they did burnt and pulled down their Houses and destroyed their Goods following and performing in all things the Dictates and Orders of their Great Master Wat Tiler which they had received from him and seen practised in London on Corpus Christi Day many of these Villains and Rustics and St. Albans-men being then The chief Leaders of them there William Gryndecobbe a Servant to the Abby and William Cadyndon a Chandler in the Town of St. Albans being the chief Men in this Tumult who had received their Instructions as above at London They made Proclamation for all of their own Condition to come in to them with such Arms and Weapons as they had under pain of losing their Heads having their Houses burnt if they had any of their own and the loss of all their Goods found in them These they caused to make Oath they would adhere to King Richard and the True Commons of England Where-ever they came they broke open the Prisons and set the Prisoners free 6 Ib. f. 259. n. 40. While they were in the height of these villanous Practices they received news of the Death of Wat Tiler and that the Citizens of London assisted the King against the Kentish and Essex-men that staid with them This and some sent from the King to make Proclamation upon forfeiture of Life and Member commanding them to be quiet and return to their own Homes humbled and made them abstain from their most barbarous and outrageous Actions Yet they kept together and would not separate tho' much persuaded to it using their ordinary Practices against the Abbat-Monks their Friends Lawyers Gentlemen and all that would not do as they would have them And for whatever they did pretended the King's 7 Append. n. 104. Consent Order and Authority which caused the King to undeceive the People to send his 8 Ibm. They pretend the King's Order and Authority for what they did Writs to all Sheriffs Majors Bailiffs and others his Faithful People to make Proclamation to the contrary and to oppose them every where in their tumultuous Risings and Actings against the Peace commanding them to desist from such Assemblings and go home Dated at London June 17. in the 4th of his Reign At the same time and on the same Days as if Corpus Christi Day had been the Signal Day 9 Wals f. 261. n. 30 40 50. The same Tumults and Practices at St. Eâ—monas-Bury y. Straw and R. Westbrâ—om their Leaders They cut off the Heads of the Chief Justice of England the Prior c. the same sort of People Tumultuated in Suffolk under the Conduct of John Straw a wicked Priest and Robert Westbrom of Edmonds-Bury where they perpetrated the same Villanies and committed the same Insolencies as in other Places They came to Bury and got into their hands the Charters of Liberties and Grants of Privilege to the Abby there to free as they said the Towns-men from the Power and Jurisdiction of that Place They cut off the Heads of Sir John Cavendish Chief Justice of England the Prior and John de Lakinheath a Monk of that Monastery and set them on the Pillory in the Market-place In Norfolk 1 Ibm. f. 263. n. 10 20 c. The like People and Practices in Norfolk under the Conduct of John Litiâ—â—er a Dyer at the same time a
quod Domini Magnates ac Comunitates Comitatuum Civitatum Burgorum concesserunt Domino Regi c. granted to the King for the Voyage of John King of Castile and Leon Duke of Lancaster into Spain and safe keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and half a Tenth and Fifteenth the 10th and 15th to be paid at Candlemas and the half 10th and 15th to be paid at Midsummer for the receipt and expending whereof there were special Treasurers appointed in Parlement and Supravisors to see it done And this 2 Ibm. Voyage into Spain was agreed and granted by the King Prelates Noblemen Great Men and Communities aforesaid in full Parlement In the King's Entrance into 3 Knighton col 2675. n. 50. Scotland the King conferred several Honours upon the Persons following at Hounslow-Lodge in Tividale says the Record which were confirmed in this Parlement The King's Unkle 4 Rot. Parl. 9 Ric. II. n. 14. Several Titles and Honours confirmed in Parlement Edmond Earl of Cambridge being created Duke of York was confirmed in that Title and had from the King 1000 l. a Year to support his Dignity to be paid out of the Exchequer to him and his Heirs Male until the King could settle Lands upon him and his Heirs of the like Value Then also was 5 Ibm. n. 15. Thomas Earl of Buckingham and Essex the King's Unkle being created Duke of Gloucester confirmed in that Title with the like Gift and Settlement to support his Dignity Michael de la Pole 6 Ibm. n. 16. being created Earl of Suffolk was confirmed in that Dignity and had for the support of his Honour 20. l. a Year out of the Farm of the County and 500 l. a Year out of the Estate of the former Earl which had escheated to the King for want of Heirs after the Decease of the Queen and Isabelle Countess of Suffolk The Earl of 7 Ib. n. 17. Oxford being created Marquess of Dublin was confirmed in that Title by consent of the Prelates Lords and Commons and had by the same consent the Land and Lordship of Ireland c. except some Royalties belonging to the Crown paying 5000 Marks yearly into the Exchequer In this Parlement the 8 Ib. n. 32. The Commons Petition the King's Houshold might be viewed every year and if need were Regulated Commons Petition the King That the State of his Houshold might be viewed every year by the Chancellor Treasurer and Clerk of the Privy Seal and what was amiss to be mended at their Discretion And also That the Statutes of ancient time made concerning the Houshold might be kept and duely executed in all their Points As to the first Article of the 9 Ib. Ro. The King's Answer Petition The King will do it when he please As to the second Le Roy le Voet The King Willeth It was also then Enacted 1 Ib. n. 33. That all Lords and other Persons having any Lands on the Marches beyond Tine do dwell thereupon saving that the King may shew favour when he please The Commons desired to know 2 Ib n. 39. who should be the King 's Chief Officers and Governors of the State of the Kingdom The Answer 3 Ib. Ro. was The King hath enough sufficient Officers at present and will change them at his pleasure On Easter 5 Knighton col 2676. n. 30 40 50 60. A. D. 1387. The Duke of Lancaster's Day next following the Duke of Lancaster with his Wife came to take his Leave of the King to whom he gave a Crown of Gold and the Queen gave another to his Wife and the King commanded all about him to call and Honour him as King of Spain 6 Ibm. Voyage into Spain and what he did there On the 9th of July all things being prepared for the Expedition he set sail with 20000 Men for Spain whereof in the Marshall's Roll 2000 were Men at Arms and 8000 Archers in which Army several very great Men were the Chief Officers 7 Ib. col 2677. n. 10 20. He had with him his Wife Constance the Eldest Daughter of Peter King of Castile c. for his Tyrannies called the Cruel who died without Issue Male by whom he claimed that Kingdom and Katherin his only Daughter by her and Two Daughters by his first Wife Blanch Daughter and Heiress to Henry Duke of Lancaster Philip and Elizabeth Peter King of Castile was Son of Alphonso the Sixth King of Castile c. upon whom Henry II. a Bastard Son of Alphonso usurped the Kingdom He Married his Daughter Philip by his first Wife Blanch to the King of Portugal and his Daughter Katherin the true Heiress of the Kingdom of Castile by his Wife Constance to John the Son of Henry the Bastard and Usurper 8 Walsingh f. 342. n. 30 40. but so as if they had no Issue the Inheritance of the Crown was to be and remain to the Son of Edmond Duke of York Brother to the Duke of Lancaster who had Married Isabel the Younger Daughter of King Peter the Cruel Upon these Terms and a mighty Sum of Money paid by Henry the Bastard to the Duke and an Annuity of 10000 l. a year to him and his Dutchess Constance for their Lives a Peace was concluded between the Vsurper and the Duke and the Affair of Castile or Spain settled after which he went into Aquitan and stayed there and in Spain more then Two years and then returned into England in the beginning of November 1389. Knighton 9 Ut supra says the Money paid down to the Duke of Lancaster was an immense Sum and that he was told by one of his Family and Retinue in this Voyage that for the second Payment the King of Spain sent him Forty seven Mules laden with Gold in Chests 1 Walsingh f. 323. n. 60 c. Knighton ut supra n. 40 50 60. As he sailed into Spain he landed some Forces in Britany and relieved Brest that was then besieged by the Duke of that Country This year Writs were issued for calling a Parlement on the First of October at Westminster dated 2 Rot. Clause 10 Ric. II. M. 42. Dors The Duke of Suffolk Michael de la Pole Aug. 8. wherein Michael de la Pole Earl of Suffolk and then Chancellor of England was impeached by the Commons in several Articles 3 Rot. Parl. 10 Ric. II. n. 6. impeached by the Commons The first and chief Article was That he was Sworn as Chancellor to procure the Profit of the King That he purchased of the King Land Rents and Tenements to a great value contrary to his Oath not considering the Necessity of the King and Kingdom and that he being Chancellor at the time of the Purchase caused the yearly Rent of the Lands to be undervalued very much in deceit of the King The residue of the Articles were much of the same Nature for Deceiving
the King and his Kingdom After this 5 Ibm. col 2705. n. 10 20 30. Many sent to Prison Others removed from Court the King commanded many there named to be sent to the Castles of Nottingham Dover Bristol Rochester Glocester c. to be kept until next Parlement to answer their Demerits There were also then Removed from the Court John de Fordham Bishop of Durham the Lords Beaumont Zouch Burnel and Lovell Sir Thomas Camoys the Son of the Lord Clifford Sir Baldwin Bereford the Bishop of Chichester the King's Confessor the Lady Mohun the Lady Poynings and the Lady Molineux 6 Ibm. col 2706. n. 10. The Judges taken off the Benches and sent to the Tower And on the first Day of the Parlement Sir Roger Fulthrop Sir Robert Belknap Sir John Cary Sir John Holt Sir William Burgh all Judges and John Loketon Serjeant at Law were taken off the Benches doing their Offices and sent to the Tower On the 17th of 7 Claus 11 Ric. II. M. 24. Dors A Parlement called The Cause of Summons Decemb. Writs were issued for a Parlement to meet on the 3d of February or on the morrow of the Purification of the Virgin Mary next coming On that Day Thomas Fitz-Alan Bishop of Ely and Chancellor of England Brother to the Earl of Arundel from whence his Name of de Arundel from that Title declared the cause of Summons to be 8 Rot. Parl. 11 Ric. II. n. 1. part 1. To consider by what means the Troubles in the Kingdom for want of good Government might be ended the King better Advised the Realm better Governed Misdemeanours more severely punished and good Men better encouraged how the Kingdom best defended the Sea best kept the Marches of Scotland best guarded Guyen preserved and how the Charges of these things was most easily to be born And then gave notice That who would complain in that Parlement of such things as could not well be redressed by the Common Law might carry their Petitions to the Clercs in Chancery there named appointed to receive them Thomas Duke of Glocester 9 Ibm. n. 6. The Duke of Glocester's suspicion of himself The King declares him not guilty kneeled before the King and said he understood the King had been informed that he was about to depose him and make himself King and profered to stand to the Award of his Peers in Parlement The King declared openly That he did not think him Guilty and had him fully excused The Lords Spiritual and Temporal then present * Ibm. n. 7. claimed as their Liberty and Franchise That all great Matters moved in that Parlement and to be moved in other Parlements in time to come touching Peers of the Land should be discussed and judged by the course of Parlement and not by the Law Civil or the Common Law of the Land used in lower Courts of the Kingdom Which Claim Liberty and Franchise the King benignement kindly allowed and granted in full Parlement The Five 1 Ibm. n. 8. The Protestation of the 5 Lords Appellants Lords Appellants Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwic and Thomas Earl of Nottingham and Earl-Marshal made open Protestation in full Parlement That what they did touching their Appeal and Suit in that Parlement and had done before and all the Men and People being in their Company or of their Retinue or Assembly and with them in all that Affair was done principally to the Honour of God and in Aid and Safety of the King and all his Kingdom and the Safety of their Lives The Lords and Commons 2 Ibm. n. 11. Half a 10th and half a 15th granted granted half a Tenth and half a Fifteenth before the Parlement ended with Protestation That it was done of Necessity and that it might be no Prejudice to the Lords and Commons in time to come because it was granted And further they pray the King That notwithstanding the Grant so made the Parlement might hold on its course and be Adjourned if need were and that all things touching the said Parlement might be done and executed as if the Grant had not been made until the end of the Parlement in manner accustomed And the King granted their Request as a thing he ought to do of Reason Friday the 21st of March which was the 46th Day of Parlement 3 Ibm. n. 12. in fine The Prelates Lords and Commons swear the Prelates Lords and Commons made the Oath following upon the Cross of Canterbury in full Parlement Tou shall 4 Append. n. 106. Their Oath Swear That you will keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom And if any will do to the contrary thereof you shall oppose and disturb him to the utmost of your Power And if any People will do any thing against the Bodies of the Persons of the Five Lords that is to say Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal or any of them you shall stand with them to the end of this present Parlement and maintain and support them with all your Power to live and die with them against all Men no Person or any other thing excepted saving always your Legiance to the King and the Prerogative of his Crown the Laws and good Customs of the Kingdom The Lords and Commons grant to the King in Defence of the The Subsidy of Leather Wooll c. Realm a Subsidy upon Leather Wooll and Woollfells 5 Rot. Parl. 117 Ric. II. n. 16. granted upon condition upon Condition the Five Lords Appellants should have out of it 20000 l. by Assent and Grant of the King for their Costs and Labour and Expences before that time for the Honour Profit and Safety of the King and whole Kingdom The Commons 6 Ib. n. 23. The Commons Request to the King pray That no Person of what Estate soever do intermeddle with the Business of the Kingdom nor the Council of the King but those assigned in his Parlement unless it be by Order of the Continual Council And prayed also That they might have Power to remove all Persons from the King which they thought fit to remove and put others in their Places As to the first Point of this Article 7 Ibm. Ro. His Answer le Roy le voet the King granteth it As to the second if any Lord of the Council or other Lord of the Kingdom will inform the King that he had about him any Person not Sufficient or Honest he willeth That if it be proved he shall be put away and removed and another Sufficient by Advice of himself put in his Place In this 8 Ib. part 2. Alexander A Bp. of York the Duke of Ireland and Earl of Suffolk accused Parlement Thomas Duke of Glocester Constable of England Henry Earl of Derby
under the protection of their Franchises and were detained by the Inhabitants of those Places might have power to enter such Places and seize and bring away their Villanes The Answer was the same with the foregoing According to the Request of the Commons the 7 Walsingh f. 347. n. 10 20. Mezeray f. 413. The Truce between England and Fr. continued for a year longer Duke of Lancaster went into France to Treat of a final Peace he was splendidly received at Amiens by the King and chief Nobility of that Kingdom who met him there The Issue of the Treaty was That the Truce should continue for One year longer for the Observation of which both Kings made Oath The King about this time wanted Money and sent to the City of London to borrow a Thousand Pounds who 8 Knighten Col. 2740. n. 10. c. Walsingham ut supra n. 50. c. The City of London deny to lend the King a Thousand Pounds And almost killed a Lumbard that lent it him denied to lend him it and abused and beat a Lumbard so grievously that offered to lend it as they near killed him for this and other things by advice of a great Council held at Nottingham their Liberties were seized and being convinced they had forfeited them Their Liberties seised The Major and Sheriffs imprisoned Their Liberties restored by the Mediation of the Duke of Glocester the Major and Sheriffs were sent to Prison and Sir Edward Dalyngrug was made Guardian of the City On the Assumption of the Virgin Mary or 15th of August the King with a great Train of the Nobility with his Queen went into the City where he was most Honourably and Nobly Received and Presented both himself and Queen and not long after by the Mediation of Friends especially the Duke of Glocester the Liberties of the City were Restored with Power of choosing a Major as before In the Parlement holden on the Quindene of St. Hillary in the The Earl of Arundel against the Duke of Lancaster Seventeenth of this King the Earl of Arundel declared several things the King had done for the Duke of 9 Rot. Parl. 17 Ric. II. n. 11. A. D. 1393 1394. He asks the Duke's Pardon in Parlement Lancaster that were against his Honour and Profit but they were such as the King answered them all himself and justified them and he was by the King and Lords ordered to ask his Pardon in full Parlement which was done The King Lords Knights of Honour and Justices in this Parlement 1 Ib. n. 16. The King Lords c. assent to a Peace to be made with France assented to a Peace so as the King did not make Homage Liege and saving also and always the Liberty of his Person and the Crown of England and of his Lieges of the same Kingdom and that he and his Heirs might Resort and have Regress to the Name Title and Right of the Crown and Kingdom of France if the Peace should be broken by his Adversary and his Heirs and also That such Moderations and Modifications should be made that no Consiscation that is seisure of the Dutchy of Guyen might happen Knighton says this was only a Truce for Four years and four months as well by Sea as Land Col. 2741. n. 20. The King charged the Commons to give their 2 Ib. n. 17. Advice in this Matter They Answer by a Schedule given in by the Hands of Mr. John Bussy their Speaker wherein the said Articles of Peace between the King and his Adversary of France were read and partly understood by them and they had considered Three Three Points too high for the Commons to give their Advice in Points that were too high for them upon which they dare not Treat or give Advice to wit Homage Liege Soveraignty and Resort yet referring all and giving their Consent for the good of Peace to what the Lords Knights of Honour and the Justices had consented to before so as Homage should be done for and have Relation to the Dutchy of Guyen only and in no wise to the Crown and Kingdom of England What the Articles of this Peace were it doth not appear upon the Parlement Roll. But the next year by Edward Earl of Rutland Thomas Earl Marshall and of Nottingham and Messire William Lescrop Commissioners for the King of England and the Dukes of Berry Burgundy Orleans and Burbon or any other Two or three of them Commissioners for the King of France * The Original in the Chapter House at Westminster there was a Truce general by Sea and Land agreed for 28 years which was to begin at Michaelmass 1398 when the Truce at Leulingham and the prolongations of it were to end During which Truce all taking of Prisoners Goods and Chattels Fortified Towns Fortresses and other Places all Pillagings Robberies Burnings Demolishing Houses and Walls destroying Fruit Trees and others and all other Feats of War tout autre faits de Guerre were to cease between the Kingdoms Lands and Seigneuries on both Parts and between the Kingdoms Lands Seigneuries and Subjects of their Friends Allies Aydants and Adherents whatsoever And that there should be freedom of Intercourse Commerce Trading and Merchandising between the People and Subjects of one Party and the other In this Truce there is not any mention of Homage Liege Soveraignty or Resort The Treaty Agreement and Articles thereof was Ratified by the King of France on the Eleventh of March 1395 and was afterwards Ratified by the King of England and the Ratifications Exchanged in the year 1396 when on the Feast of St. Simon and Jude or 28th of October both Kings at an Interview not far from Calais sware to the performance of them John Duke of 3 Ib. 20 21. The Dukes of Lancaster and Glocester pray Judgment against Sir Tho-Talbtt and others for Conspiring their Deaths Guyen and Lancaster Steward of England and Thomas Duke of Glocester Constable of England Petition the King and Lords for Judgment against Sir Thomas Talbot and others not named for Conspiring their Deaths and raising Force to do it in the County of Chester That they would Declare the Nature of the Offence and ordain Punishment for it The King was informed and advised the Matter contained in the Bill or Petition was open and High Treason and that it touched him and all the Realm and he and all the Lords Judged and Declared it to be so And because the Matter contained in the Bill of Complaint was notorious and open known to the King and Lords and all the States of Parlement and thro' the whole Kingdom and therefore it was ordered and awarded that Writs should issue returnable into the Kings-Bench to take his Body That Proclamation should be made for him to render himself to stand to the Law if not he was to be holden for Convict as attainted of Treason and all who received him were to incur the same Pain and
Forfeiture he ought to do If the 4 Ib. n. 52. Suggestion of a Bill in Chancery was not true the Chancellor had Power given him to award Damages at his Discretion See Stat. at Large 17 Rich II. Cap. 6. In the Eighteenth of his Reign the * Knighton's Col. 2742. n. 10. Walsingh f. 351. lin 2. The King went into Ireland with an Army King about Michaelmass went with an Army into Ireland to subdue the Irish who were then in Rebellion and with him went the Duke of Glocester the Earls of March Nottingham and Rutland The Duke of York Guardian of the Kingdom in his absence * Rot. Clause 18 Ric. II. M. 23. Dors A Tenth and Fifteenth given called a Parlement to meet Fifteen days after St. Hillary to Consider of the Prosperous and Happy Government of Ireland and to that purpose sent the Duke of Glocester over into England to procure Money from the Parlement and the Lords and Commons * Rot. Parl. 18 Ric. II n. 6. A. D. 1395. The King settled Ireland granted to the King a Tenth and Fifteenth for the Conquest of that Country and in May next following having settled that Nation and left the Earl of March Deputy returned into England In the Twentieth of King Richard in the Parlement 5 Ib. 20 R II. n. 14 15 16. The Commons frame certain Articles against the King's Royalty and Liberty The Speaker charged to tell who brought in that â—â—â—l holden on the Feast of St. Vincent or 22d of January the Commons had framed certain Articles in a Bill as the King told the Lords he was informed against his Royalty and Liberty such as his Progenitors enjoyed which he was Resolved to uphold and maintain and Commanded the Lords Spiritual and Temporal to let the Commons know it and Commanded the Duke of Lancaster to Charge Mr. John Bussy the Speaker upon his Allegiance to tell who brought in the Bill That which moved and troubled the King therein was about the Expences of his House and the Bishops and Ladies that frequented the Court. The Commons made their Excuse and Submission to the King in manner following On Saturday the Morrow of the Feast of Candlemass 6 Ib n. 16. The Commons deliver the Bill to the Lords the Lords Spiritual and Temporal were with the Commons and shew them the Will and Command of the King and they delivered the Bill to the Lords and the Name of him that brought it to them to wit Thomas Haxey Which Bill was afterwards delivered Thomas Haxey brought the Bill into the House of Commons to the Clerk of the Crown by the Clerk of the Parlement by the King's Command and presently after the Commons came before the King in Parlement by his Command and there with all Humility and Obedience they could shew great Grief as appeared by their Countenances for that the King had taken such conceit against them Humbly praying the King to hear and accept The Commons Excuse and Submission their Excuse That it never was their Intent or Will to speak shew or do any thing which should be an Offence or Displeasure to his Majesty nor against his Royal Estate or Liberty and especially about this Matter touching his Person and the Government of his House or about the Lords and Ladies in his Court nor of any other Matter that touched himself knowing well that such things do not belong to them but solely to the King himself and his Ordering and that their Intention was for the great Affection they bare to the King as faithful Lieges That the Lords might pray the King to consider his Honourable Estate and do concerning it what he pleased And upon this the Commons submit themselves to the King's Will and Favour humbly praying his Royal Majesty to have them Graciously Excused being always ready to save his Royal Estate and Liberty and to perform in Body and Goods as Loyal Lieges are bound what shall be for the Honour and Safety of his Royal Majesty Whereupon 7 Ib. n. 17. The King fully Excuseth them the Chancellor by Command of the King told the Commons That upon his Royal Benignity and Gracious Seignoury he had them fully Excused On Wednesday after Candlemass Thomas Haxey Clerc was in Parlement Thomas Haxey Judged a Traytor Judged to 8 Ib. n. 23. Death as a Traytor and soon after Sentence the Arch-Bishop of Canterbury Thomas Arundel and all the other Prelates came before the King in Parlement with great Humility and made full Protestation That their intire and full Intention was and always should be That his Royal Estate and Royalty should be always saved and preserved without diminution 9 Ibm. The Arch-Bishops and Bishops make Protestation the King's Royalty ought to be preserved They beg the Life Body and Custody of Thomas Haxey which were granted them Et maintenant apres de Juggement rendu devers Thomas Haxey Clerc en Parlement a la mort come traitour viendrent avant le Roy en Parlement ovek grant humilite Lerceveque de Canterbris touz les autres Prelates firent plein protestation que lour entier plein intention â—est tout dis serraque le Royal Estate Regalie du Roy soit tout dis savez Gardez sanz Blemissement And then they pray the King to give them the Life of Thomas Haxey and the Custody of his Body not as of right belonging to them but of his special Grace Both which the King granted The King by assent 1 Ib. n. 40. and Stat. at Large 20 Rich. II. Cap. 6. Sir Robert Belknap c. called out of Ireland of the Lords Spiritual and Temporal and the Commons of his Special Grace granted to Robert Belknap John Holt and William Burgh Knights Banished into Ireland that they might return into England and practise Law there without impeachment notwithstanding the Statute made in the Eleventh year of the King's Reign saving always against them all the other Points contained in the Statute In the 21st of King Richard's Reign 2 Clause 21 Rich. II. Part 1. M. 27. Dors he summoned a Parlement A Parlement summoned to meet on the Monday after the Exaltation of Holy Cross or 14th of September It was made into a 3 Stat. at Large 21 R. II. Cap. 1 Holy Church the Lords and all Comonalties to enjoy their Liberties and Franchises Statute this Parlement That Holy Church the Lords Spiritual and Temporal and all Cities Burghs and other Commonalties of the Realm should have and enjoy all their Liberties and Franchises as they had reasonably had and enjoyed them in the time of his Noble Progenitors Kings of England For that several Judgments were heretofore undone 4 Rot. Parl. 21 Ric. II. n. 9. because the Clergie were not present the Commons prayed the King they might appoint a general Proctor who might have sufficient Authority to act for them The Two 5
Duke and Earls would have come and marched to have searched out the King if he could be found in England and to have killed a very great Number of his Lieges and to have accomplished their evil Purpose and Intent if they had not been disturbed by the Honourable Persons of the King's Blood Henry of Lancaster Earl of Derby and Thomas de Mowbray Earl of Nottingham conceiving and understanding the Actions of the Duke and Earls were notoriously against their Legiance and the Estate of the King and therefore willing to do their Duty to him departed from their Company and came to the Honourable Presence of the King It would please him the Commons having specially recommended the Persons of the Earls of Derby and Nottingham to him openly to declare in this Parlement their Estate Name and Fame and the Loyal Behaviour of them lour Estate le The King's Kindness and Favour to them Noun le Fame le Loyal Port de eux Whereupon the King sitting in his Royal Dignity in Parlement answered This matter was better known to him than any other and witnessed and declared the good Behaviour Loyalty and Fame of the Two Earls and held them for Loyal Lieges and that they should be reported for such amongst all his Lieges through the Realm and that they should be excused without Impeachment Molestation or Grievance for the Cause aforesaid in any time to come And further That the King by Assent and Advice of all the Lords in Parlement and at the Prayer of the Commons Ordained and Established That this Declaration and Grant should have the force of and be holden for a Statute That all Judgments * Ibm. n. 32. Ordinances Declarations and Establishments of this Parlement shall have the force of Statutes On Michaelmas-Day being Saturday 7 Ib. n. 35. Henry Earl of Derby created Duke of Hereford Several others created Dukes and Earls the King in Parlement Created Henry Earl of Derby Duke of Hereford Edward Earl of Roteland Duke of Albemarle Thomas Holland Earl of Kent Duke of Surrey John Holland Earl of Huntington Duke of Excester Thomas Mowbray Earl of Nottingham Duke of Norfolk The same Day John Beaufort Earl of Somerset was Created Marquess of Dorset Thomas de Spenser Earl of Glocester Ralph Nevill Earl of Westmerland Thomas Percy Earl of Worcester and William le Scrop Earl of Wiltshire On the same Day the King 8 Ibm. n. 36. The Parlement adjourned to Shrewsbury Adjourned the Parlement unto the 15th of St. Hillary or 27 of January next coming to Shrewsbury all things to remain in the same Condition they were to be there finished and determined The next Day being Sunday 9 Ibm. n. 37. The Lords Spiritual and Temporal Swear before the King the Lords Spiritual and Temporal after Mass Celebrated in the Abby-Church at Westminster upon the Altar before the Shrine of St. Edward made Oath in the presence of the King in the Form following The Prelates first saving the Honesty of their Estate savant L'oneste de lour Estat That is to say The Arch-Bishop of York The Bishops first The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Duresme The Bishop of Salisbury The Bishop of Excester The Bishop of Bangor The Bishop of Worcester The Bishop of Hereford The Bishop of Chichester The Bishop of St. Asaph The Bishop of Carlile The Bishop of Landaf The Prior of St. John of Jerusalem The Abbat of Westminster The Abbat of Canterbury The Abbat of St. Albans The Prior of Canterbury The OATH You shall 1 1 Ibm. n. 38. Append. n. 109. Swear That well and truly you shall Hold Sustain and Maintain without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made or given in this Parlement without doing any thing to the contrary of any of them or the Dependencies on or Parcel of them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Royalty Liberty and the Right of his Crown And so soon as they had Sworn the Lords 2 Ibm. n. 39. The Lords Temporal take the same Oath Temporal in the same Place in the Presence of the King made the same Oath that is to say The Duke of Guyen and Lancaster The Duke of York The Duke of Hereford The Duke of Albemarle The Duke of Surrey The Duke of Excester The Duke of Norfolk The Marquess of Dorset The Earl of Oxford The Earl of Stafford The Earl of Northumberland The Earl of Salisbury The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wilts The Lord de Camoys The Lord de Bourgchier The Lord de Powys The Lord Fitz-Walters The Lord de Roos The Lord de Harrington The Lord de Burnell The Lord de Berkely The Lord de Darcy The Lord de Willonghby The Lord Grey of Codnore The Lord Grey of Ruthin The Lord de Scales The Lord de St. Amand The Lord de Furnivall The Lord de Ferrers The Lord de Seymour The Lord de Lovell The Lord de Bardolph The Lord de Morley William Beaumont Lord of Burgavenny Ralph de Cromwell Ralph de Lumly Philip le Dispenser And did Swear further in these Words 3 Ibm. n. 40. Append. n. 110. You shall Swear That in time to come you shall never suffer any Man living to do any thing contrary to the Statutes Establishments Ordinances and Judgments made or given in this present Parlement The Additioal Oath of the Lords Temporal nor to any Dependencies on or Parcell of them And if any one shall do so and be duly Convicted you shall use your entire Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High and False Traitor to the King and Kingdom saving to the King his Regalie or Royalty Liberty and Right of his Crown Then the King asked the Knights of Shires there present for the Parlement If they 4 Ibm n. 41. The Knights of Shires affirm the said Oaths would hold and keep the same Oath Who promised with loud Voices to keep it holding up their Hands on high as a Sign of their Affirmance of their said Oaths And immediately after Monsieur Thomas de Percy 5 Ibm. n. 42 43. Sir Tho. Percy made the same Oath for the Clergy made the same Oath the Lords Temporal had made for and in the Name of the Clergy as their Procurator General and by Authority abovesaid This done the King the Prelates and Lords Temporal 6 Ibm. The great Excommunication pronounced against any one should do contrary to the Premisses went from the Shrine of St. Edward and came before the High Altar of the Church and there for the
them to the Parlement which was to begin on the Monday next after the Exaltation of Holy Cross or 14th of September which was that Year on the Friday so as the Parlement began the 17th of that Month. First the Bill 6 Ibm. The Effect of the Bill of Appeal and the Articles against them sets forth That the Duke of Glocester and Earl of Arundel designing to accroach and have the Government of his Royal Person and Kingdom his Liberties and all his Dignities as well within the Kingdom as without when the Parlement sate at Westminster in the 10th Year of his Reign sent a Peer of the Land to him who on their Behalf and by their Command told him That if he would not Consent to make to Them and Others they should Name such a Commission whereby they might have the Government as above he should be in Danger of his Life and the Lords and Commons of Parlement would depart without his Leave and then he should see in what a strait Condition he would be in So that by their Power and for Fear he granted such a Commission as they desired And then follows the Commission Dated at Westminster Nov. 19. in the 10 of his Reign by virtue whereof the Commissioners took the Government upon them Also 7 Ibm. the Duke and Earl of Arundel to accomplish their Traiterous Purpose and to have your Person ordered as they pleased and the Government of your whole State Laws Majesty and Dignity prevailed with Thomas Earl of Warwic and Thomas Mortimer to join with them in their Traiterous Design who by Agreement as Traitors to the King and Kingdom all met and assembled on the 13th of November in the 11th Year of your Reign at Haringay in Middlesex with a great Number of People Armed and Arrayed And made divers of your Liege People in several Parts of your Realm to rise and march with them against you contrary to their Legiance And would not come before your Presence until they were secured by your Oath they might come and return safely which notwithstanding they all came before you in your Palace at Westminster with great Force of Armed Men and traiterously Constrained you to take them into your safe Protection against your Will Also 8 Ibm. the Duke the Earls of Arundel and Warwic and Thomas Mortimer continuing their Traiterous Purpose by Force of People did take and imprison divers of your Liege People and amongst others Sir Simon Burley and brought him to your Parlement held on the morrow of the Purification in the 11th of your Reign and there suggested divers Points of Crime and Treason against him And the Advice of every Lord then present was asked concerning the Crimes of the said Simon and afterwards the Duke and Earls would know your Advice or Opinion voloint savoir vostre avys and you answered plainly He was not Guilty in any Point objected against him And after that the Duke and Earls caused you to come into a secret Place at Westminster and shew you the Points of the Crimes abovesaid To whom you then answered The said Simon was not any ways Guilty of any of those Points And there they took upon them traiterously to have you constrained to have consented to the Judgment they designed against him and you would not consent to any Judgment to be given against the said Simon Yet nevertheless â—â—e said Duke and Earls took upon them Royal Power in Prejudice of you and in Derogation of your Crown and without your Assent and contrary to your Will in your Absence and in the Absence of many other Peers of Parlement without their Assent and against their Wills awarded the said Simon should be Drawn Hanged and Decollated and thereupon they caused his Head to be struck off traiterously against your Peace Crown Majesty and Dignity Also 9 Ibm. the foresaid Duke Earls and Thomas Mortimer continuing their Malicious False and Traiterous Purpose and Force at Huntington on Thursday after the Feast of St. Nicholas or 6th of December in the said 11th Year Traiterously agreed and intended to have gone with their Force to any Place of the Kingdom where they might have found you to have surrendred to you their Homage Liege and to have Deposed you and this they would have done had they not been hindred by Henry de Lancaster Earl of Derby and Thomas Mowbray Earl of Nottingham And the Duke and Earls continuing their Traiterous Intention and Force by Agreement between them caused the Records in your Treasury of the Time of your Great Grandfather King Edward to be searched how he Demised himself of his Crown or Quitted his Crown and they shew to you in Writing the Causes of the Demise of his Crown in your Palace at Westminster in the time of Parlement in the 11th Year coment vostre dit besail soy demyst de sa Coroun monsterent en escript a vous tres redoute Sr. les causes del demys de sa Coroun deinz vostre Royal Palyes de Westminster a dit Parlement lan unzisme And they said falsly and traiterously That they had Cause sufficient to Depose you but for the Reverence they had for your most Noble Grandfather and most Noble Father And said also That in hopes of your better Government they would suffer you to continue in your Royal Estate and Regalty Which 1 Ibm. Treasons so imagined or contrived done and perpetrated by the foresaid Duke Earls and Thomas Mortimer against your Royal Person Estate Majesty and Dignity as is above declared We Appellants there named your Loyal Lieges have been and are ready to prove against the said Duke the Earls of Arundel and Warwic and Thomas Mortimer as you most Dread Lord and this High and Honourable Court your Parlement shall Order Thus far the Articles of the General Appeal against these Four Persons Which having been read 2 Ibm. the Appellants prayed the King the Appealed might be brought before him in Parlement to make their Answer And accordingly Ralph Lord Nevill Constable of the Tower there present had Order to bring before the Parlement Richard Earl of Arundel then his Prisoner and did so on the 21st of September On the fourth Day of the Parlement The Trial of the Earl of Arundel when by Command of the King and the Peers the Duke of Lancaster Steward of England told him That he was Appealed of divers High Treasons and the Appeal having been read to him his Answer That he had a General Pardon in the Parlement holden His Plea in the 11th of the King's Reign and a Charter of Pardon made to him within six Years and prayed the Allowance of them To whom it was said by the Duke of Lancaster by Command of Over-ruled the King and Advice of all the Peers of Parlement That the Pardon made in the 11th Year was made by constraint upon the King by the Duke Earls and others of their Party accroaching to themselves
Royal Power in Prejudice of the King his Royal Estate his Crown and Dignity And that the Charter of Pardon was made in Deceit of the King and expresly against him his Royalty sa Regalie and Dignity wherefore the said Pardon and Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command declared to him the Law and the Punishment he must undergo if he said nothing else and told him if he did not plead further he would be Convict and Attainted of all the Matters objected against him Notwithstanding this and the Repeal of the Charter and Pardon he demanded the Allowance of them The Appellants in their proper Persons prayed the King it would please him to give Judgment upon him as Convict of all His Judgment the Points he was Appealed Whereupon the Duke of Lancaster by Command of the King and all the Lords Temporal and Sir Thomas Percy having Power sufficient from the Prelates and Clergy as appeared by Record in this Parlement Awarded the Earl of Arundel Culpable and Convict of all the Points of which he was appealed and adjudged him Traitor to the King and Realm and that he should be Drawn Hanged Headed and Quartered and because The Aggravation of his Treasons the Treasons were so high as to have surrendred their Homage Liege and Deposed the King and the Levying of War having been so notorious the said Duke of Lancaster by Command of the King the Lords Temporal and Monsieur Thomas Percy having Power as above by Assent of the King Awarded That all the Castles Mannors Lands Tenements Reversions Fees Advousons and every other manner of Inheritance as well in Fee-taile as Fee-simple which were the Earl of Arundel's on the 19th of November in the 10th Year of the King or afterwards and also all the Lands and Tenements of which other Persons were inâ—eoâ—â—ed to his Vse the said 19th of November or afterwards should be forfeit to the King and his Heirs and also all his Goods and Chattels should be forfeited to the King who pardoned the Execution of his Judgment to be Drawn Hanged and Quartered but was Beheaded near the Tower of London on the same Day The King and Lords as well Spiritual and Temporal would not nor was it their Intention that the Lands and Tenements Fees Advowsons Reversions or any other Inheritance the said Earl of Arundel was infeâ—â—ed to the use of another by reason of this Judgment should in any manner be forfeit On the same day the Earl of Arundel was 3 Append. n. 111. brought into Parlement Tryed and Convicted the King directing his Warrant to Thomas Earl Marshall Captain of the Town of Calais and to his A Warrant to the Earl Marshall to bring the Body of the Duke of Glocester into Parlement Lieutenant That he should bring the Body of Thomas Duke of Glocester in his Custody with all speed he could to Answer to divers Articles of Treason in Parlement according to the Law and Custom used in England objected against him by the Appellants and to do further and receive what should be ordered by him and his Council concerning him in Parlement Dated at Westminster the 21st of September in the 21st year of his Reign by the King and Council in Parlement The 4 Ibm. The Earl Marshal returned he was dead Answer of the Earl Marshall was That he could not bring him before the King and his Council in that present Parlement for that he being in his Custody in the King's Prison at Calais died there This Return was made September 24. Upon 5 Pleas of the Crown 21 Ric. II. Reading of this Writ and Return in Parlement the Appellants in their proper Persons prayed the King That the Duke of Glocester might be declared Traytor and Enemy to him as having levied War in the Kingdom against his Person contrary to his Ligeance and that all his Lands Tenements Goods and Chattels as they ought in this Case notwithstanding his Death might be forfeit Whereupon the Commons also of this Parlement prayed the King and Lords That it being notoriously known to the King and all the Estates of the present Parlement and to all the Kingdom that the Duke and others of his Party assembled at Haringay in the County of Middlesex with a great number of People Armed and Arrayed to make War against the King contrary to their Ligeance and came with such Force into the presence of the Person of the King which was to levy War against their Liege Lord That he might be adjudged Traytor and that his Lands Tenements Goods and Chattels might be forfeit notwithstanding his Death as they ought in this Case Upon this all the Lords Temporal and Monsieur Thomas Percy having Power as abovesaid having been fully Examined said That the said Crime and Treason were notoriously known to them and the whole Kingdom wherefore His Judgment all the Lords Temporal and Monsieur Thomas Percy by assent of the King declared him guilty of levying of War and Traytor and adjudged all his Castles Mannors Lands c. which he was possessed of on the 13th of November in the Eleventh year of this Reign as in the Earl of Arundel's Judgment forfeit to the King and his Heirs And that none of his Issue or Heirs of his Body or their Issue or Heirs in time to come should ever bear the Royal Armes of England intire nor with difference ne ove deference or in other manner whatsoever nor should inherit the Crown of England Upon 6 Ibm. the 25th of September the Appellants in full Parlement prayed the King That if there were any thing upon Record whether by Confession of any Person appealed or other Person whatsoever touching their Appeal that it might be openly known and declared in full Parlement Then by Command of the King and Advice of all the Lords Temporal 7 Append. n. 112. The Confession of the Duke of Glocester when Prisoner before Sir William Rickhill a Commission bearing Date the 17th of August this year was read directed to Monsieur William Rickhill one of the Justices of the Common Bench and a Confession made before him by Thomas Duke of Glocester by force of that Commission and the Return of that Commission was then also Read which follows in these Words This is the Answer 8 8 Pleas of the Crown in Parlement 21 of Ric. II. of William Rickhill to the Commission of his Liege Lord. THomas Duke of Glocester be the name of Thomas of Woodstok the zer of the King Richard Twenty one in the Castle of Cales by vertue of a Commission of the King as it is more plainly declared in the same directed to William Rickhill Justice hath * * Declared
the Duke if there was any thing more touching this Matter he would speak it in satisfaction to the King for the knowledge of the whole Truth of the Matter whereupon the Duke said he had forgot one thing that then came into his Memory to wit That he said to the King that if he would be King he must not intercede for Sir Simon Beurle to save him from Death and prayed William Rickhill he would shew this to the King by Word of Mouth pria le dit William Rickhill qil verroit Monster ceste Matire au Roy par Bouch. On 1 Ibm. The Tâ—yal of the Earl of Warwick Friday the 28th of September the Constable of the Tower brought into the Parlement Thomas Earl of Warwick who was told by the Duke of Lancaster Steward of England by Command of the King and all the Lords Temporal That he was appealed by Edward Earl of Rutland and the other Appellants there named of divers High Treasons which were comprehended in Two only Articles That of assembling with Force and Armed Men at Harringay Hâ— pleads 〈…〉 y and puts himself in the King's Grace His Judgment the same with the Earl of A 〈…〉 Which the King Pardoned by the Mediation of the Pâ—râ—ement and Appellants Being to remain Prisoner 〈…〉 the Isle of Wâ—gâ—â— during his Life c. and that about Sir Simon Beurley and were drawn up in the same Words as in the Earl of Arundel's Case To which he answered That he well understood those Treasons and Wicked Deeds and was Guilty of them and put himself in the King's Grace Wherefore the Duke of Lancaster by Command of the King all the Lords Temporal and Monsieur Thomas Percy having Power as aforesaid pronounced the very same Judgment against him in all things as he had done against the Earl of Arundel Which the King moved with Pity to the Reverence and Honour of God at the prayer of the Appellants the Commons of Parlement and the Lords Spiritual and Temporal Remitted and Pardoned and granted him his Life and his Sentence was That he should remain Prisoner in the Isle of Man so long as he lived upon Condition That if any Means were made to the King or his Heirs for any further favour or if he should make his Escape then the Judgment should be put in Execution and the King's Grace should be void The Commons 2 Ibm. Thomas Mortimer impeached by the Commons He fled to the Irish Rebels Proclamation agreed in Parlement to be made for his Return and Appearance in Parlement before the King in Parlement affirming the Appeal to be Good and Lawful impeached Thomas Mortimer of Treasons comprised in the said Appeal but he being in Ireland fled unto the Mountains to the Irish Rebels Proclamation was agreed in Parlement to be made in England and Ireland That he should be in England within Three Months to answer to the impeachment of the Commons or be declared Traitor and all his Mannors Castles Lands Tenements c. which he was possessed of on the 13th of November in the Eleventh of the King together with all his Goods and Chattels forfeited to the King The Appellants and Commons had time given them until the meeting of the Parlement adjourned to Shrewsbury to the Quinden of St. Hillary or 27th of January when he not appearing the Duke of Lancaster and all the Lords Temporal and William Lescrop Earl of Wiltshire having sufficient Power from the Prelates and Clergie as appeared by Record in Parlement by assent of the King gave Judgment His Judgment in his Absence against him according to the Tenor of the Proclamation On the 3 Ibm. Sir John de Cobham impeached by the Commons 28th day of January the Commons in the Parlement at Shrewsbury shew the King how in the Parlement at Westminster they had accused and impeached John de Cobham Knight for that he had been counselling aiding and procuring the Commission to be made and caused himself to be put into it being made in prejudice of the King and openly against his Royal Dignity and Crown and for that in the Eleventh year of the King with others Convict in this Parlement accroaching to themselves Royal Power sitting in Judgment awarded That the King's Lieges Simon de Buerle and James Bernes Knights should be Drawn Hanged and Beheaded without the King's assent and contrary to his will in his absence and in the absence of many Peers of Parlement who arose and would not sit in such Judgment and against their Will traiterously against the Peace the King his Crown Majesty and Dignity And the same day the Duke of Surry in whose Custody he was brought him into Parlement to answer who was told by the Duke of Lancaster that he was accused and empeached by the Commons of the Treasons aforesaid and commanded him to answer at his Peril Who hearing the Impeachment said That as to the making of the Commission he was not guilty and touching the use and exercise of the same he said he would not use or meddle with it without the King's Command and therefore he went to the King and told him he with others were made Commissioners but would not act according to the Commission without his Command who commanded him to act To that the King answered he was under such Government at that time that he could say no otherwise by reason of such as were then about him and that the Commission was made against his Will the said John Cobham could not gainsay it Touching the Judgments and Award made against the said Simon and James he said he was told by those that then were Masters that it was the King's Will such Judgments and Award should be made Then the Commons prayed the King to give Judgment against him as Convict and Attaint of the use and exercise of the Commission and the Judgments and Award given and made against the said Simon and John notwithstanding his Answers Whereupon the Duke of Lancaster by Command of His Judgment the King all the Lords Temporal and William Lescrop Earl of Wiltshire having sufficient Power from the Prelates and Clergie as abovesaid by assent of the King awarded the said John de Cobham Convict and Attaint of the use and exercise of the Commission and the Judgments and Award traiterously made against the said Simon and James and therefore adjudged him Traytor and to be Drawn Hanged Headed and Quartered and that all his Castles Mannors Lands and Tenements c. which he had on the 19th day of November in the Tenth of the King's Reign and so on according Which was Pardoned by the King Being to remain Prisoner in the Isle of Jersey during Life to the Judgments given in the Earl of Arundel's Case All which Judgments the King of his special Grace Pardoned yet so as he was to be Prisoner in the Isle of Jersey during his Life and upon the same Conditions the Earl of Warwick
and besieged the Castle and took it and within it William Lescrop Treasurer Sir John Bussy and Sir Henry Green all the King's Counsellors who the next day by the Clamor of the People had their Heads struck off The Duke of York the King's Uncle and Guardian of the Kingdom with several Bishops Noblemen and the King's Council consulted how they might oppose the Duke but could do nothing King Richard when he heard in Ireland of his Landing 9 Ibm. n. 40 50. The Nobility and People desert King Richard secured the Sons of the Duke of Lancaster and Glocester in Trim Castle and with the Dukes of Albemarle Excester and Surrey the Bishops of London Lincoln and Carlisle and many others Shipped themselves with all speed that they might raise such a Force as might hinder the Duke's Progress But when he landed understanding his own Condition That the People and greater part of the Lords had forsaken him and gone in to Duke Henry he laid by all thoughts of Fighting and likewise dismissed his Family giving them notice by his Steward Sir Thomas Percy That they might provide for and reserve themselves for better Times The King shifting up and down here and there for many days the Duke always following him with his Army at length fixed at Conway Castle and desired to have Discourse with the Arch-Bishop and Earl of Northumberland to whom he declared He would quit his Government if he might have his Life secured and an Honourable He offers to Quit his Government his Life and an Honourable Maintenance secured Which was Granted Provision made for himself and Eight Persons he should Name These things granted and confirmed he went to Flint Castle where after a short Discourse with the Duke of Lancaster they mounted their Horses and went to Chester Castle that night the Duke 's numerous Army following him At Chester 1 Clause 23 Ric. II. M. 3 Dors Writs for a Parlement in King Richard's Name He is secured in the Tower of London summons were issued in King Richard's Name for the meeting of a Parlement on the Morrow of St. Michael or 30th of September dated there on the 19th of August in the 23d of his Reign In the mean time the King was brought to and secured in the Tower of London until the Parlement should sit Holingshed tells us 2 Chronicle f. 501. a. col 2. The Duke's Obeysance to King Richard at their first meeting And Declaration of the Cause of his coming into England The Duke received at London with great Rejoycing â— The Instruments of the King's Resignation and Deposition contrived by his Order the Duke at the first meeting of King Richard which was at Conway Castle in Carnarvonshire as he came towards him made a Reverend Obeysance and going on did so a second and third time the King taking him by the Hand and bidding him Welcome whereupon humbly Thanking him said The Cause of his coming was to have Restitution of his Inheritance unto which the King readily assented and called for Wine and when they had drank mounting their Horses they rode to Flint and to Chester where they stayed two or three days and went from thence to Nantwich and so the common Rode to London where the Duke was received with all imaginable Expressions of Joy and the King sent to the Tower where we hear no more of him until Michaelmass-Day against which time the Instruments of his Cession Resignation and Deposition with the Articles against him were prepared which are here recited from the Parlement Roll exactly Translated The Roll of Parlement summoned and holden at Westminster in the Feast of St. Faith the Virgin or 6th of October in the Year of King Henry the Fourth after the Conquest the First Membrane xx The Record and Process of the Renunciation of King This Record is Printed in X. Authores Col. 2744. and in Pryn's Plea for the Lords p. 425. which I have compared with the Original Richard the Second after the Conquest and the Acceptation of the same Renunciation likewise with the Deposition of the same King Richard as it here follows BE it Remembred 1 1 Rot. Parl. 1 Hen. IV. N. 10. That on Monday in the Feast of St. Michael the Archangel in the Twenty third year of the Reign of King Richard the Lords Spiritual and Temporal and other Notable Persons That is to say The Lord Richard le Scrop Arch-Bishop of York John Bishop of Hereford Henry Earl of Northumberland and Ralph Earl of Westmerland the Lord Hugh Burnell Thomas Lord Berkley the Prior of Canterbury and Abbat of Westminster William Thyrninge Kt. and John Markham Justices Thomas Stow and John Burbache Doctors of Law Thomas de Erpingham and Thomas Gray Knights William de Feryby and Dionyse Lapham Publick Notaries being Deputed to that purpose came into the presence of King Richard within the Tower of London about Nine of the Clock when the Earl of Northumberland said before the King That at 2 2 Ib. n. 11. Conway in North-Wales and then at Liberty He promised to Thomas Arch-Bishop of Canterbury and himself That he would Quit the Crown of England and France and Renounce all Right to it and to Kingship for the Causes there by himself confessed of his Inability and Insufficiency and this he would do after the best Manner and Form he should be Advised by the Skilful in the Law The same King before the said Lords and others above-named kindly answered That he would with Effect perform what he had promised but first desired to have Conference with his Cousin Henry Duke of Lancaster and the Arch-Bishop of Canterbury before he did it and desired a Copy of the Renunciation he was to make might be delivered to him to Deliberate upon which was done and the Lords departed 3 3 Ib. n. 12. On the same day after Dinner the King much desiring the coming of the Duke of Lancaster and long expecting him at length he and the Arch-Bishop of Canterbury with the Lords and Persons above-named came to his presence in the Tower the Lords Roos of Willoughby and Abergavenny and many others then being present And after he had Conference with the Duke of Lancaster and Arch-Bishop looking about him with a Chearful Countenance as it seemed to the People about him the King called them all to him and said publickly he was ready to make his Renunciation as he had said before and presently taking the Parchment Schedule of his Renunciation into his Hands tho it was told him to spare the Labour and Trouble of Reading it he might have it done by another he said he would read it himself which he did distinctly and absolved his Lieges Renounced Quitted and Sware Read and Said other Things and Subscribed his Name with his own Hand as 't is more fully contained in the Latin Record the Tenor of which follows The Resignation of Richard the Second IN 4 4 4 Ib. n. 13. Name
and govern himself according to his Estate and Degree alledging many Causes for which this Kingdom ought to be graciously cherished and held in the greatest Honour And said further it was the King's Will to make good these Three things by the help of God and further said That it was the King's Will in especial that Holy Church should have and enjoy all her Liberties and Franchises and that all the good Statutes and Ordinances made in the time of his Noble Progenitors should be firmly observed and kept and that all the Lords Spiritual and Temporal Cities and Burghs and all others should have and enjoy their Liberties and Franchises according to the Grants made by his Noble Progenitors abovesaid And that no Man ought to speak of or Censure any thing done this Parlement for it was the Will of the King in his Faith and Conscience to do equal Justice to all Parts according to the Will Ayd and Grace of God given unto him This was the Arch-Bishops Discourse upon his Theme 7 Ib. n. 5. And then he told the Lords and Commons That on Monday next King Henry by the Grace of God purposed to be Crowned at Westminster for the Performance of which Solemnity Advice and Deliberation ought to be had in divers manners the mean time and therefore on behalf of the King he requested them to continue the Parlement de continuer cest Parlement until Tuesday the Morrow after the Coronation and after that day forward the King would use his Diligence for the Exploit of Parlement que de celle jour en avant mesme le Roy ferroit sa diligence pur lesploit de Parlement that is for the Dispatch of Parlement Business Whereupon by the King's Command Henry Percy Earl of Northumberland and Constable of England asked all the Lords Spiritual and Temporal and Commons if they agreed to the Continuance who severally Examined queux ont severalment examinez agreed to the said Continuance After this follows the Names of the Triers of Petitions in Parlement and the whole Process against Richard the Second tho Transacted on Michaelmass-Day and the day following a Week before this Parlement began as hath been shewn And immediately the 8 Rot. Parl. 1 Hen IV. n 66. The Parlement 21st of Rich. II. annulled whole Parlement of the 21st of Richard the Second with all Circumstances and Dependences thereupon were revoked and annulled for ever And the Parlement holden 9 Ib. n. 67. The Parlement of the 11th of Richard II. confirmed in the Eleventh year of King Richard the Second was revived and confirmed to be kept according to the effect and purport of the same as being for the good and common profit of the Kingdom pur le bien comune profit du Roialme The Lords and others 1 Ib. n. 68. The Lords and others Judged 21st of Rich. II. restored c. and their Heirs c. that were fore-judged in the 21st of Richard the Second are restored to the same State and Condition they were in at the time of their Judgments given Upon 2 Ib. n. 71. Henry's Eldest Son made Prince of Wales and Heir of the Crown the Motion of the Arch-Bishop of Canterbury the Lords and Commons having severally been asked about the King's Eldest Son answered and assented That Henry his Eldest Son should be made Prince of Wales Duke of Cornwall and Earl of Chester and also if his Father should dye he being alive they would accept him as Right Heir of the Kingdom and Crown and obey him as their King and Liege On Thursday the 23d of October 3 Append. n. 115. the Arch-Bishop of Canterbury on behalf of the King charged all the Lords Spiritual and Temporal and all others there being upon their Allegiance that what should be then spoken or propounded should be kept secret and no ways discovered to any Man living and then it was demanded by the Earl of Northumberland for the security of the King and all the Estates of the Kingdom what should be done with King Richard to keep him in safe-guard saving his Life which the King would have done by all means To which Question all the Lords Spiritual and Temporal whose Names do there 4 See Appen as above King Richard ordered to be imprisoned follow being severally Examined answered it seemed to them he should be put into safe and secure Guard and in such a Place where there was no Concourse of People and that he be kept by sure and sufficient Persons and that none that had been Servant to him should be about his Person and this should be done in the most secret manner that might be Upon propounding this Question Thomas Merks Bishop of Carlisle gave his Reasons against these Proceedings in the following The Bishop of Carlisle's Speech thereupon Speech as it is to be found in the First Part of Sir John Hayward's 5 P. 100 101 102 c. The Speech Life of Henry the Fourth Printed at London 1599. This Question Right Honourable Lords concerneth a Matter of great Consequence and Weight the determining whereof will assuredly procure either safe Quiet or dangerous Disturbance both to our particular Consciences and also to the Common State Therefore before you resolve upon it I pray you call to your Considerations these Two things First whether King Richard be sufficiently Deposed or no Secondly whether King Henry be with good Judgment or Justice chosen in his Place For the first Point we are to Examine Whether a King being lawfully and fully instituted by any just Title may upon imputation either of Negligence or of Tyranny be Deposed by his Subjects Secondly What King Richard hath omitted in the one or committed in the other for which he should deserve so heavy Judgment I will not speak what may be done in a Popular State or in a Consular in which although one beareth the Name and Honour of a Prince yet he hath not Supream Power of Majesty but in the one the People have the highest Empire in the other the Nobility and Chief Men of Estate in neither the Prince Of the first sort was the Commonwealth of the Lacedemonians who after the Form of Government which Licurgus framed often-times Fined oftentimes Fettered their Kings and sometimes Condemned them to Death Such were also in Caesar's time the Petty King 's of every City in France who were many times Arraigned upon Life and Death and as Ambiorix Prince of Leodienses confesseth had no greater Power over the People then the People had over them Of the second Condition were the Roman Tranquil in Caligula Tacitus in prooemio Emperours at the first of whom some namely Nero and Maximinus were openly condemned others were suddenly surprized by Judgment and Authority of the Senate and such are now the Emperours of Germany whom the other Princes by their Aristocratical Power do not only restrain but sometimes also remove from their Imperial State Such are also
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
61 F He corrupts the German Princes Fol. 63 C Of Valois his Alliances against Edward III. Fol. 200 A His Commissioners appointed to Treat of Peace Fol. Ib. His Fleet beaten by the English Fol. 205 C His Answers to Edward III.'s Challenge Fol. 207 D He is overthrown by him at Cresly Fol. 237 B His attempt to relieve Calais unsuccessful Fol. 242 B His Death Fol. 247 F Philpot John set out Men of War at his own Charge Fol. 334 C Is questioned for it and discharged Fol. Ib. Pickering Sir James his Petition in behalf of the Commons Fol. 335 C Plesington Sir Robert adjudged a Traitor Fol. 407 D Pole Sir Michael made Lord Chancellor Fol. 359 D He accuseth the Bishop of Norwich Fol. 360 C His Sentence against Four Knights Fol. Ib. D Is made Earl of Suffolk Fol. 363 F He is impeached his Answer and Judgment Fol. 365 ACE Is accused of High Treason Fol. 372 D Pope prohibits the Clergy from paying Taxes to Secular Princes Fol. 41 A His Explanatory Bull Fol. 54 C He by his own Power declared a Truce for Two Years between England and France Fol. 61 D Protested against by the French King Fol. Ib. F Accepted as Mediator and not as Judge Fol. 62 His Award between the Two Kings Fol. 64 65 He sent a Nuncio to compleat it Fol. 66 E His Claim to the Kingdom of Scotland Fol. 70 E He suspended the Arch-Bishop of Canterbury Fol. 81 C He appointed Receivers of his Temporalities but refused by the King Fol. Ib. F He absolved Edward I. from his Oath Fol. 84 C His Exactions in England Petitioned against by the Nobility Fol. 88 C He mediates a Peace between Edward III. and King Philip Fol. 200 F 202 D His Reservation of the Bishopric of Rochester to the Apostolic See Fol. 319 B Price of Provisions set by the King Fol. 120 C Revoked again by him Fol. 121 D Probi Homines in Scotland who they were Fol. 31 F R. Rapyngdon Philip Professor of Divinity in Oxford a Wyclivite Fol. 459 F Proceedings against him Fol. 460 461 Reading Sim. Executed for speaking ill of Q. Isabel Fol. 159 C Reynolds Walter Arch-Bishop of Canterbury writes to the Pope to Saint Tho. Earl of Lancaster Fol. 139 A Richard Eldest Son to Edward Prince of Wales Guardian of England Fol. 293 C Is Created Prince of Wales Fol. 302 D II. his Coronation Fol. 326 B His Command to his Parlement to dispatch their Business Fol. 337 D His Necessities forced him to Pawn his Jewels Fol. 343 A His Mercy to the Followers of Wat. Tiler Fol. 347 B He Knighted the Lord Mayor and other Citizens of London for their Services in Suppressing them Fol. 350 D His Grants of Liberties and Manumissions to Villans revoked in Parlement Fol. 351 B He appoints certain Lords to Examine into Mismanagements of his Affairs Fol. 352 A He Excepted several Towns and Persons out of his General Pardon Fol. 352 F His Offer to go in Person with an Army into France Fol. 356 E The Parlement Advise him to the contrary Fol. 357 C His intent to Arraign the Duke of Lancaster Fol. 362 A His Expedition into Scotland Fol. Ib. F His Answers to the Commons Petition about his Houshold Fol. 364 A He is sent for to Parlement by the Duke of Gloucester and Bishop of Ely Fol. 365 F He changed the Great Officers of State Fol. 366 E He appointed Commissioners to Govern the Kingdom Fol. Ib. F His Protestation in Parlement Fol. 367 C He questioned the Commission and Statute made in the last Parlement Fol. Ib. F His Judges Opinions of them Fol. 368 A His Reception by the Mayor and City of London Fol. Ib. He Excused the Duke of Gloucester and others by Proclamation Fol. 369 C He granted their Requests Fol. 370 C He sent the Judges taken off the Benches to the Tower Fol. Ib. E His grant of the Commons Petitions Fol. 390 D The Lords Spiritual and Temporal renew their Fealty and Homage to him and he his Coronation Oath Fol. Ib. F Is declared to be of full Age Fol. 392 A He seized and restored the Liberties of the City of London Fol. 394 A He concluded a Peace with France Fol. Ib. B He goes into Ireland Fol. 395 D His Kindness to several Lords Fol. 399 B C He made several Dukes and Earls Fol. Ib. D The Lords and Commons Oaths to him Fol. 400 401 He Pardoned the Duke of Hereford Fol. 403 F He appointed at the Commons Request certain Persons to determine Matters undispatched in Parlement Fol. 404 D He prevented Battle between Hereford and Norfolk and banished them Fol. 415 B Statutes and Ordinances made by him and others appointed Fol. 416 A He goeth again into Ireland Fol. 419 A His Nobility and People desert him and join Hereford Fol. Ib. D He offered to quit the Government Fol. Ib. E He is sent to the Tower and a Parlement summoned in his Name Fol. Ib. F The Process of his Renunciation and Resignation Fol. 420 421 Articles objected against him Fol. 423 c. William Thyrning's Speech to him in the Tower Fol. 434 E Bishop of Carlisle's Speech in his behalf Fol. 438 D He was removed to Ludlow and from thence to Pontfract Fol. 452 A The French King attempts his Relief but without effect Fol. Ib. B The manner of his Death uncertain Fol. Ib. D c. His Wives Fol. 467 Rickhill Sir William appointed to take the Confession of the Duke of Gloucester at Calais Fol. 409 A His Declaration of the same in Parlement Fol. 411 B Rioters how to be prosecuted Fol. 193 Rochellers declare for the King of France Fol. 292 F Roger Earl of March slain in Ireland Fol. 419 A Rushook Tho. Bishop of Chichester Confessor to Richard II. impeached by the Commons Fol. 388 A His Answer Fol. Ib. B Is found guilty and banished Fol. 389 C S. SCotland and Scots their Agreement with Edw. I. about Margaret King Alexander III's Grandchild and Heir Fol. 15 16 K. Edward's Concessions to them about the Match Fol. Ib. Their Nobility desire time to Consider of King Edward's Claim of the Crown of Scotland after Margaret's Death Fol. 18 D E The Competitors produce nothing against his Claim Fol. 20 Their Names and Submission to King Edward's Decision and how their Rights were to be tried Fol. 21 A B D The Guardianship of the Kingdom committed to King Edward Fol. 22 E They Swear Fealty to him Fol. 23 B How the Right of Succession to be determined Fol. 24 F The Kingdom not partible Fol. 27 B They send for Absolution to the Pope Fol 35 A They Command the English to quit Scotland Fol. Ib. D They enter England are beaten and then they submit Fol. Ib. 37 E 64 B They again Revolt and Submit Fol. 53 A They force the English out of Scotland Fol. 59 A They apply themselves to the Pope Fol. 70 E The Terms of Peace granted them by King Edward
attendentes inclitum regnum Francie ad nos fore jure successorio legtimè devolutum ipsum regnum ut hereditatem nostram legitimam agnoverimus ut eidem nos immiscere voluerimus sicut decet de debito regimine dicti regni summè soliciti ac de probitate magnifica fidelitate solida industria circumspecta nobilis potentis viri Johannis Ducis Brabant Lotring consanguinei nostri carissimi intime confidentes ipsum in regno praedicto locum nostrum tenentem Capitaneum nostrum vicarium fecerimus praefecerimus generalem concedentes committentes eidem Duci merum imperium gladii potestatem ac jurisdictionem omnem altam bassam cognitionem decisionem omnium tam criminalium quam civilium questionum cum potestate Judices ministros prout expedire viderit deputandi necnon plenum exercitium omnium singulorum nobis nostro regimini incumbentium in hac parte quae nos facere possemus deberemus si presentes essemus ibidem Vobis omnibus singulis firmiter injungimus mandamus quod prefatum Ducem ad exequenda premissa libenter devota recipitatis sibi tanquam persone nostre sic pronis affectibus pareatis intendatis humiliter in premissis ut devotionis vestrae promptitudinem debeamus meritò commendare scituri pro certo quod ad humiles esse volumus cum favoris exuberantia gratiosi in rebelles prout exegerit vestra protervia saevientes In cujus c. Dat. ut supra Item consimilia mandata diriguntur eisdem sub nomine Gulielmi Marchionis Juliacen N. 86. Rot. Parl. 14. Ed. 3. parte p. 9. 10. Stat. at large 14. of Ed. 3. EDward by the grace of God King of England and Fraunce and Lord of Ireland to all those which these Letters shall hear or see greeting Know ye that whereas some People do think that by the reason that the Realm of Fraunce is devolute to us as right Heir of the same and forasmuch as we be King of Fraunce our Realm of England should be put in Subjection of the King and of the Realm of Fraunce in time to come we having regard to the Estate of our Realm of England and namely that it never was nor ought to be in Subjection nor in the Obeisance of the Kings of Fraunce which for the time have been nor of the Realm of Fraunce And willing to provide for the Suretie and Defence of the said Realm of England and of our liege People of the same Will and graunt and stablish for us and for our Heirs and Successors by assent of the Prelats Earls Barons and Commons of our Realme of England in this our present Parliament summoned at Westminster the Wednesday next after the Sunday in Middle-lent the XIV Year of our said Reign of our Realme of England and the first of Fraunce that by the cause or colour of that that we be King of Fraunce and that the said Realm to us pertaineth as afore is said or that we do us to be named King of Fraunce in our Stile or that we have changed our Seals or our Arms nor for Commandements which we have made or from henceforth shall make as King of Fraunce our said Realm of England nor the People of the same of what Estate or Condition they be shall not in any time to come be put in Subjection nor in Obeisance of us nor of our Heirs nor Successors as Kings of Fraunce as afore is said nor be Subject nor Obedient but shall be free and quite of all manner of Subjection and Obeisance aforesaid as they were wont to be in the time of our Progenitors Kings of England for ever In witness of which things c. Dated at Westminster c. the XIV Year of our Reign of England and the first of Fraunce N. 87. a. Avesbury Cap. 31. PHilip de Valois que longe tems avoms pursui devers vos per messages toutz altres voies que nos favoms-resonables a fin que voz noz vousistez avoir rendu nostre droit heritage de Fraunce le quele voz noz avetz longe tems detenu a graunt tort coupe Et pur ceo que nos veoms bien que voz estes en entente de perseverer en votre injuriouse detenue sauntz noz feare reson de nostre demaunde sumez noz entrez en la terre de Flaunders come Signeur Soveraign de cele passer permi le pais voz signifioms que pris ovesque nous laide nostre Seigneur Jhesu Christ nostre droit ouesque le poar du dit pais ouesque noz gentz et aliez regard le droit que noz avomps a leritage que voz noz detenez a vostre tort noz treioms vers vouz pur mettre briefe fin sour nostre droiturele chalenge si vouz vuilletz a proscher Et pur ceo que si graunt poar des gentz assemblez que viegnent de nostre part et que bien quidoms que voz amesnetz de vostre part ne se purroient mye longment tenir ensemble sauntz faire graunt destruccion al people al pais la quele chose chescun Chrestiens doit escheure et specialement Princes et aultres que se teignent governours de gentz si desirroms moult qui briefe point se preist et pur escheure mortalite de Chrestiens ensi come la querele est apparent a noz et voz que la discucion de nostre chalenge se feseit entre nos deux corps a la quele chose noz voz offroms pur les causes susditz comment que nos puissoms bien veer la graunt noblesse de vostre corps vostre sen auxint avisement et en cas que vous ne vorâ—oiez cele voie adonques soit mys nostre chalange pur affiner icelle battaile de voz mêmes od cent persones des plus suffisauntz de vostre part nos mesmes od aultres tauntz de noz gentz lieges Et si vous ne voilletz lune voie ne lautre que vous noz assignez certein jour devant la ville de Tourneye pur combatre poar encountre poar de deinz et jours proscheins apres la date du ceste lettre et nos offrez doz susditz voloms tut le mounde estre conutz quest nostre desir ne mye pur orguille ne surquidance meas que pur les causes susdites a fin que la volente nostre Seigneur Jhesu Christ monstre entre nous repos poet de pluis en pluis estre entre Chrestiens que le poar des enemys Dieux feussent resistez et Christiente enfraunchie et lavoie sour ceo que eslire voilletz des offrez des susditz noz voilletz signifier par le portour du cestes lettres et par les vostres a lui fesant hastive deliverance Done soutz nostre graunt seal a Chyn es Champs de leez Tourneye le xxvii jour du moys de Juyl
ad futuram rei memoriam Cum sicut intelleximus Ecclesia Roffensis per obitum bonae memoriae Thomae ipsius Ecclesiae Episcopi vacare noscitur ad praesens Nos ad bonum statum ipsius Ecclesiae intendentes provisionem ejusdem Ecclesiae hâc vice certis de causis quae ad id animum nostrum induxerunt Ordinationi Dispositioni sedis Apostolicae auctoritate praesentium plenarie reservamus Decernentes ex nunc irritum inane si secus contra hujusmodi nostrae reservationis tenorem per quoscunque scienter vel ignoranter quovis modo contigerit attemptari Nulli ergo omnino hominum liceat hanc paginam nostrae Reservationis Constitutionis infringere vel ei ausu temerario contraire Si quis autem hoc attemptare praesumserit indignationem omnipotentis Dei ac beatorum Petri Pauli Apostolorum ejus se noverit incursurum Dat. Avinion 14 Kal. Aprilis Pontificatûs nostri primo John 22d who was chosen Pope A. D. 1316 This 14 of the Kalends of April was 9. Edw. 2d 1316. and the same year he was chosen Et memorandum quod 3 Kalend. Maii Publicatio facta fuit apud Arcus London Et secundo Kalend. Maii subsequente Publicata fuerat apud Roffam coram Monachis See the History of this Provision in Historia sacra parte prima f. 357. in the Historia Roffensis by William de Dene N. 102. Rot. parl 2. Ric. 2. parte 2. n. 13. apud Westmonasterium ITem les Seigneurs Communes du Roialme Dengleterre esteantz a ceste Parlement granterent pur cux pur tout la Communalte Dengleterre le subsidie des Leynes quirs peaulx lanutz un autre Subsidie a prendre des biens des certeins persones permy le Roialme soubz certeins fourme manere comprisez en un Cedule ent faite baille avant en Parlement dont le tenour sensuit de mot a mot LES Seigneurs Communes du Roialme Dengleterre considerantz les grandes necessitees du dit Roialme la malice des Enemys de France aillours entendantz grant recoverer au dit Roialme destruction des ditz Enemys que poent avenir per le grace de Dieu si suffisantie des Gentz d'armes des Archiers en brief soit envoie entre la Meer sur les ditz Enemys pur eux grever lour malice aresteer solonc la sage discretion nostre tresredoute Seigneur le Roy et les Seigneurs esteantz a cest present Parlement en lieu ou leur semblera a pluis necessaire et profitable en esploit de nostre Seigneur le Roy et de son dit Roialme grantent que si la Marc du Saak des Leynes les sys deniers de la Livre que furent grantez au darrein Parlement tenuz a Gloucestr ' soient pardonez adnullez a present la Subside des Leynes adurer per un An entier apres la Feste de seinte Michel proschein avenir cestassavoir de chescun Saak tant come estoit grantez devant le dit Parlement de Gloucestre un somme d'argent a Lever des diverses persones du Roialme en manere come ensuit sibien dedeins Franchises realx come dehors cestassavoir Le Duc de Lancastre et le Duc de Bretaigne chescun a. x. Marcz Ib. N. 14. Item chescun Counte d'Engleterre iiii l. Item chescun des Countesses veoues en Engleterre a tant come les Countz iiii l. Item chescun Baron et Baneret ou Chivaler que poet a tant dispendre xl s. The Duke of Lancaster and the Duke of Bretaigne each x. marks Also every Earl of England iiii l. Also every Countess that is a Widow in England as much as the Earls iiii l. Also every Baron and Baneret or Knight of as good an Estate as a Baron or Baneret xl s. And so on in the English exactly Translated from the French  Also every Baroness that is a Widow shall pay as a Baron and Baneress as a Banerett xl s. Also every Batchelour and every Esquire who by Statue ought to be made a Knight xx s. Also every Widow that was the Wife of a Batchelor or Esquire xx s. Also every Esquire of less Estate vi s. viii d. Also every Woman Widow of such an Esquire or sufficient Merchant vi s. viiid Item chescun Esq nient possessionez des terres rent ne Chateux qu'est en service ou ad este armez iii s. iiii d. Also every Esquire without Possessions Lands Rents or Goods that is in Service or bears Arms. iii s. iiii d. Also the chief Prior of the Hospital of Saint John as a Baron xl s. Also every Commander of the same Order of England as a Batchelour xx s. Also every other Brother Knight of the same Order xiii s. iiii d Also all other Brothers of the same Order as an Esquire without Possessions iii s. iiii d. Also every Justice as well of the one Bench as of the other and the chief Baron of the Exchequer each c s. Also every Serjeant and great Apprentice of the Law xl s. Also other Apprentices which follow the Law xx s. Also all other Apprentices of less Estate and Attourneys each vi s. viii d. Also the Major of London shall pay as an Earl iiii ◠Also the Aldermen of London each as a Baron xl s. Also all other Majors of great Towns in England each as a Baron xl s. Also other Majors of smaller Towns according to the value of their Estate xx s. x s. or vi s. viii d. And all Jurates of good Towns and great Merchants of the Realm shall pay as Batchelours each xx s. Also other sufficient Merchants xiii s. iiii d. Also all lesser Merchants and Artificers Husbandmen or who live upon Tillage according to the value of their Estate vi s. viii d. iii s. iiii d. ii s. xii d. or vi d. Also every Serjeant and Freeman of the Country according to their Estate vi s. viii d. or xl d. Also the Farmers of Mannors Personages and Granges Merchants of Beasts and other Buyers and Sellors according to their Estate vi s. viii d. xl d. ii s. or xii d. Also all Advocates Notarys and Proctors who are Married shall pay as Serjeants of the Law Apprentices of the Law and Attourneys each according to their Estate xl s. xx s. or vi s. viii Also all Apparitors that are Married according to their Estate iii s. iiii d. ii s. or xii d. Also all Inn-keepers that have not the Estate of a Merchant shall pay according to his Estate xl d. ii s. or xii d. Also every Married Man for himself and his Wife that have not the Estates above-named and above the age of sixteen except very Beggars iiii d. And every Man and Woman unmarried of such an Estate and above the Age aforesaid iiii d. Also every strange Merchant of what Condition soever shall pay according to his
Ib. n. 10. Sir Thomas Pâ—râ—y general Procurator for the Clergy Arch-Bishops and the Clergie of both Provinces constituted and appointed Sir Thomas Percy their Procurator as by their Instrument doth appear The Commission and Statute made upon it in 6 Stat. at Large 21 Rich. II. Cap. 2. This agrees with the Record The Commission and Statute made in the 11th year of the King Repealed the Eleventh year of this King are repealed and made void at the prayer of the Commons as being made Traiterously by constraint and compulsion against the King's Will his Royalty Crown and Dignity and it was Ordained and Established by the King with the Assent of the Lords and Commons That no such Commission or the like should be made and that he that should indeavour or procure any such to be made or the like in time to come c. being thereof duely Convict should suffer as a Traytor The Pardon 's granted to the Duke of 7 Râ—t Parl. 21 Rich. II. n. 12 13. The Pardons to the Dâ—ke of Glocester Earls of Arundel and Warwick made void Glocester and Earls of Arundel and Warwick in the Parlement of the Eleventh of this King are made void as done by force only against the King's Will as also the Pardon granted to the Earl of Arundel at Windsor in the 17th year of this King is revoked and annulled On the * Ib. n. 14. The Commons declare with the King's Leave their intent waâ— to accuse Persons during the 〈…〉 of this Parlement They hâ—â— the King's Leave 20th of September the Commons made Protestation to the King in full Parlement That tho they would shew and declare certain Matters and Articles they had then Advised of and Agreed amongst themselves nevertheless it was and is their Intent and Will by Leave of the King to accuse and impeach Person or Persons as often as they should think fit during the time of this Parlement ne nit meins il feust est lour intent volonte par conge de nostre Seigneur le Roy d'accuser empescher person ou persons a taunts de foitz come leur sembleroit affair durant le temps de cest present Parlement And they prayed the King he would please to accept their Protestation and that it might be entered of Record on the Parlement Roll which the King granted and commanded it to be done Then on the 8 â—â—â— 15. The Arch-Bishop of Canterbury accused of Treason same day before the King in full Parlement they accused and impeached Thomas Arundel Arch-Bishop of Canterbury of High Treason for that he being Chief Officer of the King to wit his Chancellor when he was Bishop of Ely was Traiterously aiding procuring and advising in making a Commission directed to Thomas Duke of Glocester Richard Earl of Arundelâ— and others in the Tenth year of the Reign of the King and made and procured himself as chief Officer of the Realm to be put into it to have Power with the other Commissioners to put it in Execution Which Commission was made in prejudice of the King and openly against his Royalty his Crown and Dignity and that the said Thomas put in Vse and Execution the said Commission Also for that 9 Ibm. the said Thomas Arch-Bishop in the Eleventh year of the King procured and advised the Duke of Glocester and the Earls of Warwick and Arundel to take upon them Royal Power and to Arrest the King's Lieges Simon Burley and James Barners and Judge them to Death contrary to the Will and Assent of the King and upon this the said Commons pray the King the said Thomas may be put in safeguard in an honest manner And the King 1 Ibm. said because the Accusation and Empeachment touched so high a Person and Peer of the Realm he would be advised Also the Twenty first day of 2 Ib. n. 16. The Commons pray Judgment against the Arch-Bishop of Canterbury September next following the Commons prayed the King That as they had Empeached and Accused the Arch-Bishop of Canterbury that he had assented or was in the Contrivance to cause the Commission to be made qil feust d'assent de fair fair la dit Commission on the Nineteenth of November in the Tenth year of the King and of the Execution of the same which was expressly against the King his State and Dignity That he would please to Ordain such Judgment against him as the Case required Hereupon the King caused to be Recorded in Parlement That the Arch-Bishop was before him in the presence of certain Lords and confessed que en la use de la dit Commission il soy misprist luy mist en la Grace du Roy. That he was mistaken or erred in the use of the Commission and put himself under the King's Grace Whereupon the 3 Ibm. He was adjudged Traytor and to be Banished King and all the Lords Temporal and Monsieur Thomas Percy having sufficient Power from the Prelates and Clergie as appeared upon Record in the said Parlement adjudged and declared the Article which the Arch-Bishop confessed to be Treason and touched the King himself and also judged and declared him a Traytor and thereupon it was awarded in Parlement That he should be Banished out of England his Temporalties seized and his Goods and Chattels forfeited to the King who was to appoint the time of his Exile And then the King 4 Ib. n. 17. assigned him time of Passage from the Eve of St. Michael until Six weeks next following from the Port of Dover into France and further That he should forfeit all his Lands Tenements and Possessions which he had in Fee Simple by Descent Purchase or otherwise at the day of the Treason committed or after or that any one held to his use to the King and his Heirs for ever The Commons interceeded with the King for his Favour toward such as were named in the 5 Ib. n. 26. The Commons interceed with the King for such as were named in the Commission and did not act Commission and made Commissioners but neither procured it consented to it or acted in the Execution of it Three whereof were alive the Duke of York the Bishop of Winchester and Richard Lescrop Knight and Four dead William late Arch-Bishop of Canterbury Alexander late Arch-Bishop of York Thomas late Bishop of Excester and Nicholas late Abbat of Waltham whose Loyalty and Innocency was acknowledged in Parlement The Declaration whereof was made a Statute by the King with the Advice and Assent of the Lords at the Prayer of the Commons They further 6 Ib. n. 27. humbly beseech the King That he would please to consider how at the time when Thomas Duke of Glocester Richard Earl of Arundel and Thomas Earl of Warwic did rise soy leverent and march against their Allegiance and the King The Commons move the King in behalf of the Earls of Derby and Nottingham the said