his Army could not pass it part of which was cut down and a very large and wide Way made into Lewelin's Country where he Built the two Castles of Flint and Rothelan seised the Welshmen's Lands and Goods and wasted their Country drave them into their usual place of Retreat the Mountains of Snowdon and with the assistance of the Men of the Five Ports took the Anglesey taken Isle of Anglesey The Prince of Wales finding himself not able to resist the Force of the English desired Peace which was 5 Walsingham f. 48. n. 10 20. Granted unto him upon the following Articles 1. That all English Prisoners should be Released freely without Peace granted to the Prince of Wales and the Articles claiming any thing from them 2. That for this Peace and the King 's Good Will he should pay at the King's pleasure 50000 l. Sterling 3. That Four Cantreds and all the Lands Conquered by the English except Anglesey should be and remain to the King and his Heirs for ever And for Anglesey the Prince was to pay to the King 1000 Marks every year The first Payment to begin at Michaelmass then at hand and for his Ingress or Entry upon it 5000 Marks and if the Prince died without Heirs the King to have the Possession of it 4. That he should come into England to the King at Christmass to do his Homage 5. That all the Homages in Wales should be to the King except of Five Barons that lived in the Confines of Snowdon because he could not be called Prince unless he had some Barons under him for his Life but after his Death the Homages of those Five Barons should remain to the King and his Heirs for ever For the Security and Observation of these Articles he delivered to the King 6 Ibm. Security for the performance of Articles Ten Hostages of the best Persons in Wales without being restrained or disinherited And the best Men of every Cantred and of Snowdon by Consent of the Prince were to Swear upon the Holy Reliques That whensoever the Prince broke any of these Articles unless upon Admonition he corrected himself they would Estrange themselves abalienarent se ab eo and become his Enemies in all things they could Also besides these things 7 Ibm. he was to satisfie his Brothers for the Injuries he had done them they were Three Owen and Roderic whom he had put into Prison and David whom he had forced to fly into England The Laity as an Aid towards this War 8 Ibm. n. 20 30. gave the King the 20th part of their Goods If the Reader desires to be better informed or to see this Welsh Affair in a clearer light let him look back into the Life of Hen. III. fol. 578 579 580. and fol. 663. D. E. F. c. Upon this Peace 9 Ibm. n. 30. Leolin Marries the Daughter of Simon Montfort Eleanor the Daughter of Simon Montfort was given in Marriage to Lewelin by the King whose Prisoner she had been The Solemnity was performed at his Charge and He with his Queen was present at it About this time 1 Ibm. n. 40. A. D. 1279. The Earldom of Pontieu the Inheritance of the Queen of England the Countess of Pontieu the Queen's Mother died who had been Queen of Castile whose Inheritance the Earldom of Pontieu descended to her Daughter with whom the King passed the Seas about the Feast of Ascension and was Honourably Received by his Cousin Philip King of France and the most Powerful of his Kingdom at Amiens 2 Alezer f. 319. A. D. 1279. The King and Queen do Homage for several Countreys in France The King gives up his Right in Normandy who there received the Homages of the King and Queen of England for the Countries of Agenois Limosin Perigord Xantoigne in Aquitan and the Earldom of Pontieu in Picardy and other Lands and delivered unto them the Perpetual Possession of them For this King Edward gave up all his Right in the Dutchy of Normandy only reserving 30 Livers of Paris to be paid Annually out of the Exchequer It was in this year that so great a number of Jews were Hanged and Fined for Clipping and Falsifying the King's Coin as appears by some Writs about this Matter tho' the Story is placed by Math. Westminster in the year before He says 3 F. 409. n. 20. Jews Hanged for Clipping and Counterfeiting the King 's Coyn. in the Month of November all the Jews in England were taken and imprisoned in one day for Clipping and Counterfeiting the King's Money who accused many Christians as guilty of the same Crime They were Legally Tried and Convicted before Special Justices appointed for this Service viz. Walter Heliun and John Cobham as the Writs inform us as Pat. Roll. 7. Ed. 1. M. 1. de domibus A. D. 1279. Judaeorum suspensorum vendendis for the Sale of the Jews Houses that were Hanged as Escheated and Pat. 7. Ed. 1. M. 11. de potestate vendendi Domus Redditus Judaeorum Dampnatorum Power given to sell the Houses and Rents of the Condemned Jews Also Pat. 7. Ed. 1. M. 1. de finibus a Judaeis recipiendis for the Receiving Fines of the Jews such as Compounded for their Felonies and Faults 4 Ibm. There were no less then 280 of both Sexes Hanged in London and in other Cities of England Maxima multitudo a very great number besides such as were Fined The Friers Preachers in England who desired to Preach to the Preachers to Convert the Jews Obstinate Jews thereby to Convert them to the Christian Faith and turn them from their Wicked Practices and Unbelief applying themselves to the King obtained a 5 Pat 8. Ed. I. M. 27. A. D. 1280. Writ to all Sheriffs Bayliffs and other Liege People to admonish and induce the Jews in all Places to come and hear their Preaching without Blasphemy or Disturbance at such times as the Friers Preachers should direct The Title of the Writ in the Margin of the Roll De praedicando Judaeis about Preaching to the Jews And to promote their Conversion and for their Support when Converted 6 Ibm. Part. 1. M. 15. Dors orintus Maintenance granted to the Converted Jews the King granted that toward their Maintenance they should have half the forfeited Estates of the Jews distributed for their Maintenance and the other half should go to the House of Converts now the Rolls in Chancery-Lane London for the Support of Converts there and further that the Moiety of the forfeited Estates of the Jews and all Deodands be distributed in Alms according to the Patent pro sustentatione Judaeorum Conversorum for the Sustentation of the Converted Jews Yet for all this Incouragement the Preachers made no Work of They remain obstinate and unconverted it the Jews remained so still they were the same Vsurers and Brokers accounted then Wicked People as before and the same Infidels Only some Poor
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
K. Edward according to the French Historians him at Sea did not admit them to these Terms as the French Historians Froysard Du Chesne de Serres and Mezeray report until they sent Six of their Chief Burgesses bare-headed and bare-footed in their Shirts with Ropes about their Necks to deliver the Keys of the Town and Castle to him with a total Submission to his Pleasure He was greatly resolved to put them to death but his Queen then in the Camp by an importune Intercession obtained their Lives 'T is very remarkable That as the same Historians say at a Meeting of the Townsmen to appoint or chuse the Six to send out they were in great Difficulties and Perplexity Eustace of St. Peter the most Noted of them to save his Fellow Burghers offered himself to be one by whose Example there soon followed others to make up the Number 9 The same Historians The Keys thus delivered and the King in possession of the Town all the old Inhabitants were removed by his Authority and it was new Peopled with English to whom he gave all their Goods 1 p. 116. a. c. 8. Avesbury reports none of those Terms but gives a more fair account of of the Usage them Robert of Avesbury hath nothing of this Relation of the Six Burghers being demanded or thus sent out he only says That the Besieged wanting Victuals and hopeless of Relief ipsam villam ac se sua omnia voluntati Domini Regis Angliae reddiderunt idem Dominus Rex semper misericors benignus captis retentis paucis de Majoribus Communitatem dictae villae cum bonis suis omnibus gratiose permisit abire rendred the Town themselves and all they had to the King's Will who always merciful and kind retained only a few of the Chief Persons and graciously permitted the Community of the Town to go away with their Goods Soon after the taking of 2 Rot. Cales 22 Ed. III. M. 4. Calais by the Mediation of the Cardinals the Earls of Lancaster and Huntington Ralph Lord Stafford Walter de Manny and others had Commission to Treat of a Truce with the Commissioners of Philip de Valois which was concluded A Truce made at Calais affirmed and sworn to on the 28th of September 1347 to continue till 15 Days after Midsummer next following 3 Aves p. 116. b. â—17 a. c. 69 70. The Chief of the Articles were the same with the Truce made before Tournay In a very short time after having settled the Town with his Affairs in those Parts making Sir Amery de Pavy an Italian Governour thereof 4 Wals f. 167. n. 50. K. Edw. returns into England he returned into England with great Glory and Renown The Number of King Edward's Army at this time in France Normandy and before Calais besides the Lords 5 Append. n. 92. The number of his Army What their Pay for a year and 21 weeks was 31294. And the whole Pay and Wages of this Number from the 4th of June in the 20th Year of his Reign to the 12th of October in the 21st of his Reign being a Year and 131 Days amounted to 127201 l. 2. s. 9 d. ob as appears by the Particulars Within 5 or 6 Weeks after his Return on the 13th of November he sent forth 6 Claus 21 Ed. III. Part 2. M. 9. Dors Summons for a Parlement Writs of Summons for a Parlement to meet on the morrow of St. Hillary or 14th of January The cause 7 Rot. Parl. n. 4. The cause of Summons of Summons by William de Thorp Lord Chief Justice was declared to be for two things First concerning the War with France undertaken by Consent of the Lords and Commons The Second how the Peace of the Nation might be kept And that within four Days they should give their Answer to the King and his Council what they thought of these things The fourth Day the Commons declare 8 Ibm. n. 5. The Commons not able to advise any thing concerning the War That they are not able to advise any thing concerning War and therefore desired to be excused as to that and that the King will be advised by his Nobles and Council and what shall be by them Determined they would Consent unto Confirm and Establish To the second they answer 9 Ibm. n. 70. The Commons Advice to the King about keeping the Peace Having been long in Parlement they desire to be dismissed Whereas they were charged to advise the King how the Peace of the Land might be better kept That in every County there should be Six Persons of whom Two to be the Greatest of the County Two Knights and Two Men of the Law or more or less as need should be and they to have Power and Commission out of the Chancery to hear and determine Matters concerning the Peace c. And then because they had been so long in Parlement to their great Costs and Mischief they desire the Answer to their Petitions and a Dismission 'T is probable the King received not the Satisfctaion he expected Summons to Parlement from this Parlement for within a Month and 3 Days after the firstday of the Meeting thereof he issued 1 Rot. Claus 22 Ed. III. Part 1. M. 32. Dors Writs for Summoning another that is to say on the 14th of February to meet on Monday next after the Sunday in Midlent On which Day because the Great Men Summoned were not fully come the Parlement was continued until the next Day and for the same reason unto Wednesday Pur ceo que les Grantz gestoient somons ne furent pas pleynement venuz fu continuez tanque le Mardy prochien suant pui pur mesme la cause du dit Mardy tanque a Meskerdy When Monsieur 2 Rot. Parl. 22 Ed. III. n. 2 3. The cause of Summons declared William de Thorp Chief Justice propounded the Causes of Summons fully also contained in the Writ which were two The first That according to the Truce made at Calais between the King and his Adversary of France certain Messengers were to be sent to the Court of Rome on both Parts to treat of a smal Peace between them That King Edward had sent his competent Messengers to find the Disposition of the Pope concerning some Preparatories for the Treaty and other things about the Feast of St. Andrew last past in hopes to have heard from them in his last Parlement of whom or of what they had done he had then received no certainty and for that many notable things had been agreed last Truce in favour of him his Subjects and Allies by the Malice of the adverse Party were not then accomplished And also for that his said Adversary contrary to his Faith given concerning the then hoped-for Peace had provided a very great Multitude Trop grant multitude des Gentz d'Armes of Men at Arms and others with Ships and Gallies
of France to make certain Requests King Edward sends to the King of France to make good what was agreed by the Peace of Bretigny to him about the accomplishment and a full effectual Dispatch of the things agreed promised and sworn to upon the Peace made between them and especially that he would cause to be delivered and rendered intirely to him or his Deputies all the Cities Towns Castles Fortresses Lands Countries Isles and Places which he was bound to deliver according to the Peace aforesaid and further to Receive the Letters of him and his Eldest Son which should be sent and delivered at Bruges in Flanders on the Day of St. Andrew next coming as well those of the Renunciations Cessions Releases and Transports as of other things that ought to be performed according to the Peace under their great Seals in Manner and Form agreed between them c. This Commission was Dated on the 15th of November 1361 and * Rot. Franc. 35 Ed. III. M. 3. 35th of Edward the Third but whether the Commissioners went according to the Commission or what was done upon it I have not seen This year there was a great Plague in England which swept away many of the Nobility and Bishops and amongst the rest Henry Duke of Lancaster 7 Dugd. Bar. Vol. 1. f. 789. A great Plague in England on the 24th of March or last day of the year a Person of great Worth in all respects On the 19th of July the year following the Prince of Wales was made 8 Rot. Vascon 36 Ed. III. M. 16. A. D. 1362. The Prince of Wales made Prince of Aquitan Homage and Fealty done to him by the Noblemen He kept his Court at Burdeaux Prince of Aquitan and had all Guien and Gascogne given him during Life the Direct Dominion Superiority and last Resort of those Countreys reserved to his Father Not long after this the Prince his Princess and Family removed into Aquitan where having received the Homages and Fealties of the Noblemen and others he kept his Court at Bourdeaux in great State and Splendor He made Sir John Chandos his Constable of Aquitan and Guischard d'Angle a Native of France but by the Peace of Bretigny a Subject of England his Marshall who continued faithful This year * Walsingh f. 179. n. 10. Pope Innocent dies An Englishman chosen Pope died Pope Innocent the Sixth in August to whom succeeded Gillerin an Englishman and Benedictin Abbat by the Name of Vrban the Fifth who was Consecrated on the First of November King Edward was very kind to Four of the chief of the French Hostages 9 Froys c. 218. f. 113. 6. A. D. 1363. Great Liberty given to four French Hostages The Duke of Anjou made his Escape the Dukes of Orleans Anjou Berry and Burbon who gave them Leave to go over to Calais and stay there for some time and to go about into the Country for 4 days at any time so as they always returned to Calais before Sun-set on the last day of the four The Duke of Anjou upon this Liberty made his Escape the others returned with the King of Cyprus into England Toward the 1 Ibm. c. 219. The King of France comes into England end of this year King John of France came for England and landed at Dover the day before the Eve of Epiphany or 4th of January upon the 2 Mezeray f. 382. News he received of the Escape of his Son the Duke of Anjou to repair his Honour and shew he had no Hand in that Act and to dispose King Edward to the Expedition of the Holy War he having accepted the Command of Generalissimo by the Preaching and Perswasion of His Errand Pope Vrban the Fifth After he had been Nobly Treated here by the King and Nobility 3 Ib. f. 383. A. D. 1364. He falls sick and dies there he fell sick at the Savoy in London about Mid-March and died on the 8th or 9th of April following for whom the King of England made a Magnificent Funeral but his Body was carried into France and interred at St. Denis upon the 7th of May and upon Trinity Sunday next following His Son Charles Crowned King his Eldest Son Charles the Regent of France and Duke of Normandy was Crowned King at Rhemes This year the King held a Parlement 15 days after Michaelmass A Tax granted to the King Rot. Parl. 36 Ed. III. n. 35. wherein * was granted unto him of every Sack of Wooll Transported 20 s. of every 300 Woollfells 20 s. of every Last of Leather 40 s. besides the Ancient Custom Notwithstanding the Peace of Bretigny wherein 4 Mezeray â—ol 384. War in Bretagne between Blois and Montfort were not comprehended the Naverrois and Dukedom of Bretagne the War continued there Charles of Blois having been assisted by the French and John de Montfort by the English After many Skirmishes Sieges and the Battels of Cocherel and Auvray in which last Charles of Blois lost his Life and then by a Treaty at Guerrand a Peace was concluded 5 Ibm. f. 385. A. D. 1364. Froyâ— c. 229. f. 125. a. A Peace between them upon these Terms That Montfort should enjoy the Dutchy upon Condition of doing Homage and Fealty for it to the King of France That the Widow of Charles should enjoy the Title of Dutchess during her Life and in case Montfort died without Heirs the Dutchy to remain to the Heirs of Charles of Bloys About the same time or not long after there was Peace 6 Ibm. f. 125. b. between France and Navarre when many Soldiers and Companions knew not what to do 7 Ibm. A Peace between France and Navarre The Companions waste the Country They refuse to serve against the Turk Froysard says most of the Captains of the Companions who horribly wasted and plundered the Country were Englishmen and Gascons under the Obedience of the King of England and that the King of Hungary wrote to the Pope the King of France and Prince of Wales that those People might be employed in his Service against the Turks who offered them Gold Silver and Passage but they would not quit France which they called their Chamber Yet within a year or two the Pope and King of France found an Opportunity to employ these Companions they so much feared 8 Ib. f. 126. Mâ—zâ—r f. 386. An Expedient to imploy them Alphonso XI King of Castile had by his Wife a Son called Peter and by another Woman had several natural Sons or Bastards the Eldest whereof was was Henry Peter had the Name Peter the Cruel King of Castile an Enemy to the Church Henry the Bastard Legitimated by the Pope made King of Cruel and Wicked from his Actions of the same Denomination and was reputed a great Enemy to the Church whereupon great Complaints were made to the Pope who upon Summons refusing to come to Avignion was by Advice of
Prisoner Candlemass this year Aelionara Daughter to Simon Montfort who had been Contracted to Lewellin Prince of Wales in her Father's Life-time was sent from France to be Married unto him and taken in the Severn not far from Bristol and imprisoned Nothing of Moment to be found from this time until after Michaelmas following when there was a Parlement 4 Totel's Mag. Charta Printed 1576. p. 39. B. A. D. 1276. The Statute of Bigamy holden in which the Constitutions called the Statute of Bigamie that had been recited in the presence of certain Bishops of England and other of the King's Council at which time all the King's Council as well Justices as others did agree they should be put in Writing and published for perpetual Memory and that they should be firmly observed 5 Ib. in fine Status were confirmed or as 't is said in the Close of this Statute were made The Fifth Constitution or Chapter of this Statute from whence it hath its Name was an Interpretation of the Sixteenth Canon of the Second Council of Lyons holden on the First of May 1274 and the Second of this King under Pope Gregory X. in these Words 6 Labbe Tom. 11. Part. 1. Alteroationis antiquae Dubium presentis Dubitationis Oraculo Decidentes Bigamos omni privilegio Clericali Declaramus nudatos coereitioni fori saecularis addictos consuetudine contraria non obstante Ipsis quoque sub anathemate prohibemus Deferre Tonsuram vel habitum Clericalem That is in determining the old wrangling Question we declare that such as have been twice Married are deprived of all the Privileges of Clercs and left to Secular Jurisdiction or Coertion any Custom to the contrary notwithstanding and we forbid them under a Curse either to be Shaven or wear a Clerc's Habit. Certain Prelates or Ordinaries did take the meaning of this Canon to extend only to such as were Bigami or had been twice Married after the making of it and they claimed such as had been twice Married before that time when they were Arraigned for Felony and required to have them delivered to them as such as ought to have the Benefit of Clergy This Challenge produced the following Interpretation of the Canon concerning 7 Totel's Mag. Charta ut supra p. 40. a. b. The Reason of the Statute Bigamists whom the Pope in his Council of Lyons deprived of all Privilege of Clercs by a Canon therein made seeing certain Prelates demanded such as had been so before that Constitution and were accused of Felony to be delivered unto them as Clercs It is Agreed and Declared before the King and his Council that the Constitution be so understood That those who were Bigamists as well before as after the making of it for the time coming should not be delivered to the Prelates but should have Justice done them as Laymen In this Parlement the Clergy and Laity Granted to the King a Fifteenth of all their Goods but seeing 8 The. Wike's Chron. f. 103. the Pope had ordained in the Council of Lyons That the Tenth of all Ecclesiastic Revenues should be paid to the support of the Holy Land and that the Clergy had courteously given him and his Brother Two years Tenths since his Father's Death he urged them not to pay this Fifteenth but Treated with the Bishops and greatest of them for a Voluntary Contribution as they should think fit What this Contribution or Aid was 't is not said but it was not to be drawn into Example or Custom as appears by the King's Protestation in his Letters Rex omnibus c. salutem 9 Pat. 4. Ed. I. M. 6. A. D. 1276. Licet Comites Barones ac alii Magnates Communitas regni nostri Quintam-decimam Omnium Bonorum suorum etiam Venerabilis pater R. Cantnar Archiepiscopus sui Suffraganei propter urgentia negotia nostra subsidium de Bonis suis nobis spontè gratiose concesserunt c. That is the King to all c. Greeting Whereas the Earls Barons other great Men and the Community of our Kingdom Granted us a Fifteenth of all their Goods and the Venerable Father the Archbishop of Canterbury and his Suffragans for our urgent Occasions on their own free Will and Courtesie granted us an Aid of their Goods We by these our Letters do Protest That this Gift proceeded only from their free Good Will and not in the Name of a Fifteenth and that it shall not be urged as an Example or as a Due or Drawn into Custom by us or our Heirs Witness the King at Westminster the First of November Leolin Prince of Wales was 1 Mat. West f. 408. n. 10. Leolin Prince of Wales refuseth to come to the Parlement at Westminster called to this Parlement as he had been to others but would not appear yet sent Meslengers that he might have Peace and for the Daughter of the Earl of Leicester whom he intended to Marry and to obtain this offered a great Sum of Money Which the King Refused neither would he Consent to the Matrimony unless he would Restore the Lands which he had seised and invaded in the Marches to the just Proprietors and Repair the Castles in England which he had destroyed But the Prince not Complying with these Terms he sent Forces to secure the Marches and English Borders from the Irruptions Rapin and Devastations of the Welsh which proved not sufficient to restrain them they still continuing their Invasions and Depredations upon the English And therefore the King in the Fifth year of his Reign issued out his Writs to all the Noblemen and others that held of him by Military Service dated at 2 Ro◠Scut◠Ed. I. M. 8. A. D. 1277. Windsor December the 12th for the Summoning his Army to meet at Worcester 8 days after St. John Baptist next coming which were to this Effect Whereas 3 Ibm. The King summons his Army against him Lewelin the Son of Griffin Prince of Wales and his Complices our Rebels have invaded our Lands and the Lands of our Subjects in the Marches and do daily invade them and commit Murders and other Wickednesses and the same Lewelin refuseth to obey us as he ought to the great Prejudice and Contempt of us and to the manifest Disinheritance and great Damage of you the Person to whom the Writ was directed and other of our Subjects for which we have now cansed our Army Exercitum Nostrum to be summoned A. D. 1278. that it be at Worcester Eight days after St. John Baptist to Repress the Rebellion of the said Lewelin and his Assistants We Command you to be ready with your Horses and Arms and with your Service due to us to go with us from thence against the foresaid Lewelin c. With this Army the King marched from 4 The. Wikes Chron. f 105. Flint and Rethelan Castles built Chester towards Wales in his way there was a great Wood and so thick as
Reign The Welsh affrighted at the Death of their Prince 2 Mat. Westm fol. 411. n. 20. The Welsh deliver up their Castles in Snowdon delivered all their Castles in Snowdon and the very middle of Wales and the Clergy and Laity Clerus Populus granted first a Fifteenth and afterwards a Thirtieth part of all their Goods to the King for an Ayd David the Brother of Lewelin 3 Ibm. And Walsingham f. 51. n. 20 30. f. 52. lin 6. A. D. 1284. David Prince Lewelin's Brother Judicially Condemned c. Wales wholly subdued was taken by the King's Spies and such as he had appointed for that Business who refused to see him when brought to Rothelan Castle altho with great importunity he desired to be brought before him was sent to Shrewsbury and there Judicially Condemned Hanged Drawn and Quartered From this time Wales became Subject to England received it's Laws and the King placed his Sheriffs in it King Edward having undertaken the Croysado for the Holy-Land and by reason of these Welsh Wars and other things he was about to settle in his own Kingdom not being able in his own Person to perform it intended his Brother Edmund Earl of Cornwall for that Service and there being Six years Tenths Six years Tenths granted for the Aid of the Holy Land Collected from the Clergy according to the Canon and Grant of the Second Council of Lions laid up and secured in several Monasteries and other Places for Aid of the Holy Land Pope Martin the Fourth sent Two Preaching Friers into England for the Exportation and Return of this Money by his Agents and Forreign Merchants issued the following Writ to hinder it The King to Edmund Earl of Cornwall Greeting 4 Append. n. 8. The King forbids the Carrying of Money out of the Land to the Pope who sent for it Because for certain Causes we will not that the Six years Tenths Granted by the Clergy of Our Kingdom for the Aid of the Holy Land and now Collected be carried out of the Kingdom We Command that you cause to come before you all the Merchants of London as well those of Companies as others and Injoin and Inhibit them on Our behalf under the Peril of Losing Life Member and all their Goods that they no manner of ways Carry Cause or Permit to be Carried the Money arising from the said Tenths out of the Kingdom and if you find any Merchants or others doing so That you cause them and the Money to be Arrested and safely kept until you receive other Commands from Vs Witness the King at Hertlebury the 24th of May in the 10th of Our Reign The like Command was to the Major and Sheriffs of London and to Stephen Pencestre Warden of the Five Ports And he did not only Issue this Prohibition but sent Commissioners to the Places where it was laid up to see how much there was and to order the safe keeping of it for the right Use 5 Cl. 11 Ed. I. M. 7. Dors de Decima The Priors of Ely and Norwich refused to let the King's Officers see or secure the Money in their Monasteries whereupon he commanded 6 Ibm. the Sheriffs of Norfolk and Cambridgeshire to cause them with 3 or 4 of their Discreet Monks to come to him wherever he was to answer the Contempt Witness the King at Aberconwey in Snowdon the 15th day of June The Two Friers viz. Garnerius and Ramerius de Florentia ordinis Praedicatorum that brought the Pope's Orders for the Return or Transportation of these Tenths brought also his 7 Claus 10. Ed. I. M. 5. Dors litera directa Papae de cruce assumenda The Pope writes to the King about his Voyage to the Holy Land Letters to the King for the taking upon him the Cross and assigning the time of the General Passage of the Christians of all Nations into the Holy Land They pressed the King for an Answer who commended their Prudence very much to the Pope and only wrote back by them That his Holiness should receive Answer by Messengers of his own from Chester the 10th of June By these Messengers 8 Claus 11. of Ed. I. M. 7. Dors Bulla directa Regis super Decima The King sends Answer by his own Messengers who were Robert Dean of York and John Clazel his Chaplain as we are informed by the Pope's Bull to the King about this Matter he desired That the Tenths that were gathered in his Kingdom might be assigned to his Brother Edmund Earl of Campaign and Britany as the Pope there stiles him who was ready to undertake the Cross for the Succour of the Holy Land at the time of the General Passage But the Pope excusing the Delay of his Return to his Petition 9 Ibm. refused to Grant his Request and giving both him and his Brother great Encomiums and many fine Words earnestly moved him to go in his own Person as was expected for the Glory of GOD and his Own Honour This Bull is Dated apud Vrbem Veterem now Orvieto on the 8th of January in the Second year of his Popedom 1283. After this according to the 1 Registrum Peccham f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land Relation in the Pope's Letter or Bull directed to John Peccham Archbishop of Canterbury recited in his Answer to it directed to the Pope The King is Charged with Breaking open the Locks and Seals of the Places where this Money was kept and removing of it whither he pleased to the great Offence of the Divine Majesty and much Contempt of the Apostolick See whereas he ought not to have done it without his License having sent as 't is there said frivolous Letters for his Excuse In which Bull or Letter he Commands him by virtue of his Obedience to go to the King and admonish The Pope sends the Arch. Bishop to Admonish the King and induce him on his behalf ex parte nostra moneas inducas to restore and send the Money back from whence it was taken without any defalcation within the space of a Month and to tell him he would not nor ought to suffer the Holy Land to sustain such a great Loss and that unless he complied with the Admonition he would proceed against him and the Nation according to the Quality of the Fact and as he should think fit Enjoining the Arch-Bishop to give him an Account what he did in this Affair and what the King's Answer was Dated at the same Place as before the 5th of July in the Third year of his Pontificate The Arch-Bishop's Return 2 Ibm. The Arch-Bishop's Account to the Pope concerning the King and the Tenths granted for the Holy Land to the Pope was this Huic igitur Sanctitatis vestrae Mandato vires vota subjiciens reverenter c. In Obedience to your Holiness's Commands I went immediately to the King in the Marches of Wales and
proceed in this Match the Popes 2 Pat. 17. Ed. I. M. 3. Cedula intus de facto Norwegiae Dispensation was procured they being Cousin Germans to legitimate the Marriage This obtained King Edward writes to Eric King of Norwey 3 Ib. M. 4. Cedula about this Affair assuring him That the Guardians the Great Men Prelates and the whole Community of the Kingdom of Scotland had unanimously consented to it And the King of Norwey 4 Ib. M. 3. 4. A Treaty about that Match wrote to King Edward and sent Commissioners there named to Transact with him That by his Advice and Assistance his Niece might be obeyed as Queen and Heir of Scotland and that she might Govern as Kings do in other Kingdoms Vt ipse apponeret auxilium consilium qualiter praedictae Reginae nepti suae obediretur ut Domina Regina haeres Regni Scotiae quod ipsa inde Ordinare possit pariter Gaudere prout aliis faciunt Reges Regnis 5 Ibm. King Edward wrote also to the Guardians of Scotland to send Commissioners to Treat with those of Norwey about the Emendation Peace and Quiet of that Kingdom and ordering the State of the Queen reformatione Status Reginae who sent them accordingly with whom he joined Commissioners of his own All these Commissioners named in this Instrument met at Salisbury on the 26th of October where and when it was agreed First That the Queen and Heir 6 Ibm. The Articles of that Treaty Regina Haeres should come into England or Scotland before the Feast of All-Saints next coming if she had no reasonable Excuse free from any Contract of Marriage or Espousals for which the Commissioners of Norwey did undertake Secondly That if she came so into England King Edward promised That when Scotland was so secured in Peace and Quiet as she might safely go thither and stay there if the Scots required he would send her thither free from all Contracts of Marriage and Espousals so as the Scots before they should receive her gave good Security to him and the King of Norwey they would not Marry her without their Consents Thirdly The Scots Commissioners likewise promised for themselves and the Nation they would secure it before she came thither 7 Ibm. Quod inibi ut in suum Regnum venire poterit pro suae voluntatis libito Commorari prout ipsius Terrae vera Domina Regina Heares Quodque de premissis omnes securitates praestabunt quae rationabiles fuerint quas dicti Duntii Norwegiae ipsos facere posse dicunt That she might come and remain there at her pleasure as true Lady Queen and Heir and that concerning the Premisses they would give all Rational Security that the Commissioners of Norwey should say they might give Fourthly If any of the Guardians or Officers of Scotland were suspected they should be Removed 8 Ibm. and new ones put in their Places by the Commissioners of Norwey and Scotland and such as the King of England should appoint for that purpose and if the Scots and Norwegians could not agree in this Matter then the English Commissioners were to determine what was to be done and not only in this but in all Matters whatsoever that should happen in settling the State and Reformation of Scotland For the performance of all this it was 9 Ibm. agreed there should be a great Meeting of the English and Scots at and near Rokesburgh at Midlent next following where the Scots were to give Security for the Performance of these things and for the Emendation of Scotland before such as the King of England sent thither 1 Ibm. To this Agreement in Three Parts Two in French for the English and Scots and a Third in Latin for the Commissioners of Norwey The Respective Commissioners set to their Seals and it was Dated at Salisbury on Sunday the Feast of St. Leonard i. e. November 6. 1289. By his Letters 2 Append. n. 9. King Edward writes to the Nobility of Scotland to assist the Guardians dated the same day at Clarendon directed to the Prelates Great Men and the whole Community of Scotland King Edward Requires them to obey and be assisting to the Guardians who were appointed in the Name of his Kinswoman Queen Margaret to Govern that Kingdom This securing Scotland to the Right Heir and making it in so quiet a Condition as it might receive her with safety and providing her an Husband was the ordering of the State of the The meaning of Buchanan's King-Creation Kingdom and King-Creation as Buchanan artificially insinuates in his Republican Expressions For further facilitating of this intended Marriage and that it might proceed with the Assent and Approbation of the Guardians Bishops Abbats Earls Barons and whole Community of Scotland King Edward 3 Pat. 18 Ed. I. M. 8 9. A. D. 1290. confirmed to them certain Articles agreed on by special Commissioners on both Parts The English Commissioners on behalf of the King and his Heirs Granted First That they should Have Vse and Enjoy their Laws Liberties Concessions of King Edward for promoting the Match between his Son and the Heiress of Scotland and Customs they had before Enjoyed Secondly That if Edward and Margaret should die without Heirs the Crown should Revert to the next Heir of the Kingdom Thirdly That the Kingdom of Scotland might remain separated divided and free in it self from the Kingdom of England without subjection by its true Bounds and Limits as it had been before time This was Granted with a saving of the King 's Right before this Treaty Fourthly That the Chapters of Cathedral Collegiate or Conventual Churches might not be compelled to go out of the Kingdom to ask Leave to Elect or Present their Elects or to do Fealty to the King of Scotland nor any Tenents in Capite or other Persons forced out of the Kingdom to do their Homage Fealty and Services or prosecute any Suits or other things which were used to be done there but that they might be done in their usual Places before the Chancellor of Scotland or Vice-Roy Fifthly That the Parlements for what concerned Scotland might be holden within that Kingdom The King was to 4 Ibm. Swear to the Observation of these Things And the Commmissioners promised further That he should oblige himself and Heirs to make Restitution of the Kingdom in the Case aforesaid in 100000 l. Sterl to be paid to the Church of Rome in Aid of the Holy Land and That he should Consent the Pope might constrain him and his Heirs by Excommunicating them and interdicting the Kingdom as well to the Restitution as Payment of the Money if he did not It was lastly 5 Ibm. Agreed and Promised by the English Commissioners That King Edward at his own Charges should procure the Pope to confirm these Articles within a year after the Marriage of Edward and Margaret and that
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias Bâ—llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
facere tenebantur were to save Expences and Labour Sworn by Commissioners in all parts of the Kingdom and a very great number of their Names Recorded in this Roll and in every place when they had Sworn the King's Peace or Pardon was proclaimed The Form for taking the Oaths and Fealties of Absents was made by the Agreement and Express Consent of all the Bishops Earls Barons and other Noblemen of Scotland there present While the King was thus employed in Deciding this Controversy his Mother Queen 8 Walsingh f. 57 n. 40. Queen Elianor Queen Edward's Mother dies Elienor died about Midsummer and he returned into England to see her Interred and the Funeral solemnized with all due Honour When that was over he returned toward Scotland And was at Berwick 9 Rot. superitatis Regis Angliae c. ut supra The Competitors appear before the King on the 3d of August which day being continued with the day preceding according to his Assignation the Competitors appeared before him and his Council in the Assembly of the Prelates and Noblemen of both Nations and with them the Twenty four English Auditors and Examiners of their Titles chosen by the King and the Fourscore chosen by Robert de Brus and John Baliol and such others as would Consent to the Election made by them to Discuss their particular Rights and make Report thereof to the King There appeared no less then Twelve Demandants that put in their Pleas for the Crown of Scotland all entred in this Roll and Petitioned to have the Kingdom delivered to them besides the King of Norwey who by his Proctors and Messengers demanded it as Heir to his Daughter Margaret 1 Ibm. The Twelve Competitors Names The others were Florence Earl of Holland Patrick de Dunbar Earl of March William de Vescy William de Ros Robert de Pinkny Nicholas de Soules Patrick Galightly Roger de Mundevill John Comyn John de Hastings John de Balioli and Robert de Brus. The Petitions 2 Ibm. The Competitors Petitions with their Reasons Reported to the King with the Reasons of their Claims having been propounded and shewn to the Auditors they Reported them to the King before the Prelates and Noblemen of both Kingdoms in the presence of all and every of the Demandants and of the Publick Notary The King assigned them by their own Consent Monday next after the Feast of the Holy Trinity which would be on the Second day of June in the year 1292 for the further Proceeding in this Controversy The King 3 Ibm. being that day at Berwick upon Twede and the Prelates and Noblemen of both Kingdoms there assembled with the Auditors that had been Elected and those appointed by the King to discuss and hear the Rights of the Parties claiming after an Attentive Hearing came to the King and related what had been done who with the Prelates and Noblemen of both Kingdoms strictly Examined them and For that he found there would be great delay and much time spent to the peril and danger of the Kingdom it was ordered by the Express Consent of all Pretenders and by the Assent of Prelates and Noblemen aforesaid That the Rights and Titles of Robert de Brue and John Baliol should Robert de Brus and John Baliol's Titles to be first Discussed be first Examined and Discussed and that afterwards all others might prosecute their Claims if they thought fit The King 4 Ibm. The Eighty Auditors Sworn to Advise the King how to proceed in this Judgment tho he might have Judged the Case without them as Superior Lord of Scotland yet that he might do it with more Security and Prudence he caused the Eighty Auditors to take an Oath that they would advise him how and by what Laws and Customs he was to proceed to Judgment in this Case These Eighty pretended great Difficulties and desired the Twenty four English the King had appointed might be added to them These Twenty four pretended as great or greater Difficulties and therefore I dare not undertake the Charge or Consult upon the Business before them without the Advice of the Prelates Noble Great They desire the Advice of the Prelates and Noblemen of England and Wise-men of England that were absent wherefore by the unanimous Assent of all present the King assigned the Morrow of the Feast of the Translation of St. Edward the Confessor that is the 14th of October for the further Proceeding in this Business in his Parlement in the same place in Parliamento suo loco eodem At 5 Ibm. The Prelates and Noblemen of both Kingdoms meet at Berwick The King asked their further Advice How the Right of Succession was to be determined in Scotland that day the Prelates and Noblemen of both Kingdoms appeared at Berwick as also the Auditors the King asked them as he had done before by what Laws and Customs Judgment was to be given in the present Case and if there were found no Laws or Customs to proceed by how it was to be given and whether otherwise concerning the Kingdom of Scotland than concerning Earldoms Baronies and other Tenures They all Answered with one Voice Nemine Contradicente That Judgment was to be made by the Laws of the Kingdom if any If not the King might and ought by Advice of his Prelates Noble and other Great Men of his Kingdom make a new one And that as to the Right of Succession in the Kingdom of Scotland Judgment was to be given as concerning Earldoms Baronies and other individible or impartible Tenures The King having Received these Answers 6 Ibm. The Titles of Robert Brus and John Baliol Examined he ordered the Auditors to Repair to the Church of the Friers Preachers in Berwick and favourably to hear John de Baliol and Robert de Brus from day to day what they had to say or propound Robert de Brus began first shewing the Reasons and Arguments for his Claim and then John Baliol set forth his in a long Plea and answered all what Robert de Brus had said The Auditors Related what had been urged on both sides to the King They both personally appeared before him who asked them if they would speak any thing further they answered No Whereupon the King openly and publickly before the Prelates and Noblemen of both Kingdom his whole Council and the Auditors asked what Advice they would give him which of the two according to what they had shewn and set forth had Right of Succession in the Kingdom of Scotland and the force of all their Arguments on both parts was drawn into this Question An 7 Ibm. The main Question between them remotior in uno Gradu in successione exiens de primogenita debeat secundum leges consuetudines utriusque Regni excludere proximiorem in Gradu exeuntem de secundogenita Vel proximior in Gradu exiens de secundogenita debeat secundum leges consuetudines ipsorum Regnorum
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
to the Precept he had recovered Seisin by the Jugment of the Guardians When John King of Scotland disseised him again of the same Lands and Tenements and that he might not further prosecute his Right imprison'd him and caused an unjust Judgment to be given against him in Contempt of the King of England and Superior Lord of Scotland and to his own great Damage The King of Scots 5 Ibm. f. 158. The King of Scots appears appeared before the King and his Council in his Parliament after Michaelmas and denied all Contempt of the Lord his King and said he had not Day to Answer the said Magdulph who Replied He had that very Day appointed him to Answer by the King 's 6 Ibm. fol. 154 155. the Writ it self The Particulars of the Pleadings on both sides Writ delivered to him by the Sheriff of Northumberland at Strivelin on the morrow after St. Peter in Bonds that is the 2d of August which sufficiently appeared by the Return of the Sheriff and the King of Scots being asked whether he had the Writ delivered to him by the Sheriff confessed it and was then urged to answer 7 Ibm. f 158. when He said he was King of Scotland and that he dare not Answer to Magdulph ' s Complaint or any thing that concerned his Kingdom without the Advice of his Subjects sine Consilio * These Probi homines could not be the Common or Ordinary People proborum hominum Regni sui and Magdulph demanded Judgment against him as saying nothing 8 Ibm. f. 159. Then he was told by the King he was his Liege-Man and did unto him Homage and Fealty for the Kingdom of Scotland and was ordered to come thither to answer or say why he would not or ought not to answer before him and he said as before The K. of Scots dare not Answer without advice of his People That he Could not nor Dare answer to any thing that concerned his Kingdom without consulting his People inconsultis probis hominibus Regni sui Vpon this he was told he might require another Day he answered He would require none It was then agreed That the Principal Plea belonged to the King and that he made no Defence against Magdulph 9 Ibm. and because he would not require Day or shew Cause why he ought not to Answer in Elusion of the King's Jurisdiction and Superiority it was Judged a Contempt and Disobedience to him and that Three of his Principal Castles of Scotland should be Seized into his Hands and so remain till he had given Satisfaction for his Contempt and Disobedience But before the Pronounciation of the Sentence he came before the King and his Council and made Supplication to the King with his own Mouth ore suo proprio and Delivered it unto him with his own hand in Writing in 1 Ibm. f. 159 160. He Petitions K. Edward for leave to advise with them and for longer time French to this purpose Sire jeo suy vostre home du Royalme de Escoce c. Sir I am your Man of the Realm of Scotland and pray you for what I am come hither for which concerns the People of my Kingdom as well as my self That you would forbear me while I speak with them that I may not be surprized for want of Advice for that those that are with me will not nor ought to advise me without others of the Realm and when I have advice from them I will answer at your first Parlement after Easter and will behave my self towards you as I ought to do The King advising hereupon at the Instance of the Great Men of his Council and with the Consent of Magdulph granted his Prayer and gave King Edward grants his Request him Day until his Parlement after Easter on the Morrow of the Holy Trinity This is what is to be found in Ryley's Parliament Pleas about this Case and now we return to the Record again Which 2 Rot. de Superioritate Regis Angliae c. ut supra The K. at War with France and Wales Parlement at St. Edmunds-Bury A. D. 1295. 23 Ed. 1. tells us That on that Day the Parlement ceased or was not holden Parliamentum cessavit sive non tenebatur for that the King was Engaged in War lately raised against him in divers Countreys as with the King of France in Gascony and with the Welsh in Wales Yet the suit between the King of Scots and Magdulph which had begun before the Justices of the King's-Bench in Parlement was Continued and Prorogued Loquela c. Continuata fuit Prorogata To the Parlement next to be holden which was afterwards Summoned to be at St. Edmunds-Bury on the Feast of St. Martin in Winter that is November 11. which was in the 23d Year of King Edward and in the Year from the * The Publick Notary that Drew up this Record always begins the Year at Christmas Nativity of the Lord 1295. The King of England 3 Ibm. Magdulph prosecutes his Plea in that Parlement The King of Scots appears not but sends his Excuse was at St. Edmunds-Bury that day and there held his Parlement where Magdulph strenuously prosecuted his Plea But the King of Scots instead of appearing in Person sent the Abbot of Abirbrothok with other Noblemen of that Kingdom to King Edward with Letters to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed at the Day given or appointed him Quod nec tunc nec prius juxta quod Diem habuerat ad Curiam suam in praeteritis Parliamentis accesserat Excusavit pretending certain Causes of Excuse that he could not come in his own Person This Abbot 4 Ibm. The Abbot and others that came to Excuse the K of Scots Demand Satisfaction for Injuries done them The Answer to their Demands and those that came with him brought not only an Excuse but a Quarrel and Demanded of King Edward Satisfaction for many and great Injuries Oppressions and Grievances sustained by the Scots from his Subjects To whom after deliberation this Answer was given That the King of England for certain Causes was coming toward the North parts and that the King of Scots should then have sufficient Recompence to his own Content for all Injuries could be proved done to the Scots by his Subjects of England and then appointed him a Day in the same Parlement by the Continuation and Prorogation of the Justices representing his Person against Magdulph the First Day of March next following The King of Scots summoned to appear at a Parlement at Newcastle at Newcastle upon Tyne Then expecting his being there enjoyn the Abbot and those with him to give Notice to their King he should then Personally appear to Treat with the King of England about the Premisses and other Things touching the State and Tranquility of both Kingdoms and their Inhabitants While the King was
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
Grey Justiciary of Chester to give notice to all those in their several Bailiwicks or Counties that had 20 l. per Annum or above as well within Liberties as without whether they held of him in Capite or not to provide themselves with Horse and Arms and to be ready to go with his own Person for the Defence of themselves and whole Kingdom whensoever he should send for them Witness the King at Plympton the 5th day of May in the 25th of his Reign On the 15th of May for the Dangers and Perils that might happen to him and his Kingdom by the Treachery of his Enemies reciting the former Warrant and having appointed the time of his passage beyond Sea he 2 Append. n. 27. Of whomsoever they hold to pass with his Body beyond Sea commanded all the Sheriffs of England and Reginald de Grey to summon all that had 20 l. per Annum of whomsoever they should hold the same to be with him at London provided with Horse and Arms as they ought to be on Sunday next after the Octaves or Eight days after St. John Baptist to pass with his Body beyond Sea to the Honour of God of himself and their selves for the safety and common Profit of the Kingdom Witness the King at Loders in Dorsetshire the 15th of May in the 25th of his Reign At the same time he sent his 3 Ibm. He summons his whole Military Service to go with him Warrants to the same Persons to summon the Arch-Bishops Bishops Abbats Priors and other Ecclesiastick Persons and also Widows and other Women within their Counties that held of him in Capite by Military Service or Serjanty or of Wards in his Hand or Tuition to be at the same time and place with their whole Service of Horse and Arms to pass with his Body c. Witness as above Then also he wrote 4 Ibm. And writes to all the Earls Barons and Bishops particularly to be ready to Edmund Earl of Cornwall reciting his first Writ c. to be ready with Horse and Arms at the same time and place to pass with his Body c. Witness as above In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England To Humfry Bohun Earl of Hereford and Essex Constable of England To William Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel Robert de Ver Earl of Oxford John de Warena Earl of Surry Gilbert de Hunfranvil Earl of Anegos and 122 Barons and great Men there named And after the same manner he wrote to all the Bishops particularly On the 24th of this month the King wrote 5 Ibm. n. 28. again to all the Sheriffs of England and Reginald de Grey Justiciary of Chester to The Sheriffs to certifie all that had 20 l. per Annum in their Counties Execute his former Writ of Summons and to certifie under their Seals the Names of all such as had 20 l. per Annum or above of whomsoever they held it in their Bailiwicks or Counties Witness the King at Portsmouth the 24th of May in the 25th of his Reign While the King was thus preparing for his Voyage 6 Walsingh f. 70. N. 10 20 30 40. The Scots arm under William Waleys their Leader Kill the English the Scots by the Instigation of William Waleys whom they chose their Leader in this Month of May upon the King 's Justitiary William de Ormesby's Banishing many of them that refused to do Homage and Fealty to King Edward armed themselves and Killed all the English they met with practising strange Cruelties upon them which he having notice of laying to Heart the Affliction of his Friends in Flanders for want of his Assistance directed The Earl of Surry sent to Suppressthem He sent Henry de Percy William Waren Earl of Surrey with the Militia beyond Trent to march into Scotland to suppress this Insurrection The Earl raising an Army in the North Parts sent his Nephew Henry de Percy with it into Scotland who marching toward the Scots found the Heads of them the Bishop of Glascow the Steward of Scotland Andrew de Mornia and William Walleys inclineable to Peace upon Condition of the Safety of their Lives and Limbs Lands and Goods so as all things might be Pardoned to that time Henry Who accepts from them Terms of Peace de Percy admitted the Peace upon promise of Hostages and Articles in Writing if it should please the King who made acquainted with the Terms Consented to it that his Voyage might not be hindered When the Earl of Surrey went into Scotland to see the Performance of these things the Scots shifted from time to time delaying to deliver Hostages whereupon the Bishop of Glascow and William Douglas lest they might be thought Traytors yielded themselves the Bishop was secured in Roxburgh Castle and Douglas in Berwick In order to the King's Voyage into Flanders as hath been noted before the Militia was Summoned to meet at London on the Sunday after the Octaves of St. John Baptist which are July the First Mat. Westminster 7 Fol. 430. N. 20 30 40. A. D. 1297. The Earls of Norfolk and Hereford Constable and Marshal refuse to do their Duty and Service says They were summoned to meet on the Morrow of the Translation of Thomas the Martyr i. e. Becket which is July the 8th and may agree with the Record if the First of July that year fell on a Sunday when the Earls of Norfolk and Hereford the Marshal and Constable being Required by the King Refused to do their Duty and Request him to appoint some other of his Houshold to that Service and retired and on the 25th of July 8 he wrote again to all his Ports to send 8 Claus 25. E. 1. M. 9. Dors their Ships to Winchelsey with what speed they could The King no doubt in hopes of a perfect Reconciliation before he went over Sea 9 Append. N. 16. The King restores to the Archbishop of Canterbury all his Lands and Goods wrote to the Sheriffs of Kent Surrey Middlesex Sussex and Essex upon the earnest Request and Mediation of the Prelates of that Province and out of Special favour to Restore to the Archbishop of Canterbury all his Lay-Fees together with his Oxen Carts or Waggons and all other his Goods and Chattels being upon the same in the state they were then in Witness the King at Westminster July the 11th in the 25th of his Reign And that he might extend his further favour to all the Clergy that had submitted and were reconciled he gave a general Protection to them that had not received it before and 1 Ibm. N. 30. He grants a General Protection to all the Clergy wrote to the Sheriffs of London and others at the Request and Prayer of the Archbishop of Canterbury and other Bishops and Prelates of his Kingdom Supplicating him in behalf of the Clergy That they should Maintain Protect
and our Statute-Books goes by the Title of Confirmatione Chartarum was Sealed and Dated the 10th of October and is to be found upon the Statute Roll 25 Ed. 1. M. 38. with this Memorandum at the End of it that this very Charter or Confirmation The Confirmation of them Sealed in Flanders word for word was Sealed in Flanders with the King 's Great Seal at Gaunt the 5th Day of November in the 25th year of his Reign and sent into England a sure Sign Sir Edward Coke never saw the Original of this nor of the Statute de Tallagio non Concedendo who placeth them in the 34th of this King On the 8 Append. N. 34. The Earl-Marshal the Constable and Lord Ferrers Pardoned and by what Mediation Statute-Roll there is a Destinal Pardon for the two Earls the Lord Ferrers c. somewhat differing from that in the Printed Statutes Dated at Gaunt on the same Day procured at the special Prayer and Request of his Son Prince Edward his Lieutenant in England William Bishop of Ely William Bishop of Bath and Wells Richard Bishop of London Walter Bishop of Litchfield and Coventry Henry Elect of York Edmund Earl of Cornwall John Warren Earl of Surrey and Sussex William Beauchamp Earl of Warwick and the others of his Council with his Son in England 9 Registrum Winchelsey in Doctors-Commons fol. 227. a. b. and 228. a. b. This Pardon had been doubly granted before by the Prince and by his Council in two Instruments or as they are called Letters-Pattents one of the Prince the other of his Council Dated October 10. and Sealed with their own Seals because the Great Seal of England was with the King At the same time also they Vndertook and Bound themselves to secure them from any Dammage which might happen to them from the King and procure them this very Pardon Things thus compos'd in England there was a Truce or as 't is A Truce between the two Kings and their Allies for a short time called in the Instrument it self A 1 See Bundle of Writs of Privy-Seal in the Tower And Pryns Hist Ed. 1. f. 757. Sufferance or Forbearing all Acts of Hostility by Sea and Land between the King of England and his Allies on the one Part and the King of France and his Allies on the other until the Feast of Epiphany for the Duchy of Aquitain and for the Earldom of Flanders and all other Parts until the Octaves of St. Andrew or the 7th of December Dated on the Feast of St. Denis that is October 9th in the Year of Grace 1297. in which there are the Names of the English Confederates That is to say the King of Almayn or Emperor the Earl of Flanders the Earl of Savoy the Earl of Bar the Duke The King of England's Allies or Confederates of Brabant the Earl of Holland the Earl of Montbeliard John de Cholon Seigneur Darly John de Burgonig John Lord of Moamtfancon Walter his Brother the Lord of Newcastle the Lord Dosselier the Lord of Fanconby the Lord of Jour the Lord of Conkendary Simon de Montbeliard Lord of Montron Stephen Doissler Lord of New-Town de Ville Neove and many others of Burgoinge Almaigne Brabant Holland Gascoinge and Arragon and others of which the Names were not known And by this Sufferance all Trade or Commerce was to be Exercised as at other times This was inclosed in Letters 2 Ibm. and Pryns Hist f. 758. The Truce sent into England under Privy-Seal dated at Gaunt the 15th of October in the 25th of his Reign and sent to his Son enjoyning him to see it kept in all points through the Realm and 3 Claus 25 Ed. 1. M. 26. Dors in cedula to that purpose on the 20th of October he sent it to all Ports in England to be Proclaimed and strictly Observed in all its Articles On the next Day setting forth that the Scots despising their The Scots despise their Oaths of Homage and Fealty Oatbs of Homage and Fealty and not content to have Broken the Peace before to have Killed his Subjects and done many other great Mischiefs 4 Ibm. They enter England burn and waste all before them The King summons the Service of Earls Barons c. to suppress them had then Entered England Burning and Wasting the Country slaying his People and destroying all before them sent his Summons to 200 Earls Barons Knights Abbats and others to be ready at Newcastle upon Tine on St. Nicholas-Day or 6th of December with their Service of Horse and Arms to go with his Son against the Scots to suppress their Rebellion and defend his own Kingdom By Commissioners on both sides the Sufferance or forberance of Hostility was prolonged and continued until Lent then next coming the 5 Bundle of Writs Pryn ut supra f. 756 757. The Truce between the Two Kings prolonged Instrument whereof was sealed with their Seals and dated at Grolingues Abby near Courtray in Flanders Nov. 23. 1297. In this Instrument also are contained the Names of King Edward's Confederates as before In the 24th of this 6 Walsingh Hist f. 64. 1. 5 c. n. 10. King in the year 1296 the Cardinals of Albanum and Praeneste had been sent by the Pope first into France then into England whether they came about Whitsuntide to make Peace between the Two Kings and expected the Two Cardinals sent to persuade Peace or make a Truce for two years King's coming out of Wales until the first of August when they delivered their Message and persuaded to Peace or a Truce for Two years The King answered he could agree to neither without the Consent of the King of the Romans by reason of the League between them confirmed by Oath They Request the King to obtain his Consent which in Reverence to the Court of Rome he granted and they returned into France The King as they desired 7 Bundle of Letters and Writs in Jurie London 24 25 Ed. I. and Pryn Hist Ed. I. from fol. 748 â—0 fol. 764. wrote to the King of Almaign or Romans to send his Commissioners to Cambray to the Cardinals with Power before them to Treat of and Conclude a Truce Honourable and Beneficial for them both Many Commissions were granted and Commissioners 8 Ibm. Aâ— ways propounded for a Peace or Truce prove ineffectual appointed on both sides at several times and References made to the Pope But when all these Ways proved ineffectual the Pope by his own Authority took upon him to denounce and declare a Truce for Two years under pain of Excommunication to such as should not submit to it 9 Walsingh ut supra f. 69. n. 50. The Pope by his own Authority declares a Truce for two years This the Cardinals published without success as appears by their Letter or Manifesto published for the knowledge of all People in which are contained the Minutes or Heads of
no share of his it happened that in an Assembly they had at Prague for the Coronation of King Wincheslaus they easily suffered themselves to be persuaded the Pope was consenting to the Deposition of Adolphus as being useless to the Empire and in effect the Cabal was so strong that they Deposed him and Elected Albert Duke of Austria The Two Competitors came to Blows about it near Spire the 2d of July Adolph fighting valiantly but betrayed or at least forsaken by his Men there lost his Life The Abbat of Vrsperg an old German Writer of this time says thus 7 Paralip fol. 341. Printed at Basil 1559. The occasion of his being Deposed Whereas there was great confusion in the Empire and there was necessity to have a more powerful Emperor the Electors met at Ments and Deposed him for when Adolph had received 75000 Marks to assist the King of England against the King of France he kept it all to himself and divided none amongst the German Princes he could neither raise Soldiers nor help the English This Charge in the Empire and the Embroilment of his Affairs at home caused King Edward to accept the Popes Mediation as above The King before this time had summoned the 8 Cl. 26 Ed. I. M. 5. Doâ—s Militia of the Nation to meet him at Carlisle on Whitsun-Eve with their Horse and Arms to go against the Scots whose Power was now The King summons the Militia of the Nation against the Scots formidable and their Forces numerous yet on the 10th of April 9 Ibm. M. 12. Cedula Dors A Parlement or great Council summoned he summoned the Earls and Barons Two Knights of every Shire Two Citizens of every City and Two Burgesses of every Burgh to meet and Treat with him about certain Matters that concerned him and the whole Kingdom 1 Walsingh f. 75 n 20. The Charters Reconfirmed Here the Constable and Marshall demanded that because the Charters had been confirmed beyond Sea for the greater security they might be confirmed again The Bishop of Durham the Earls of Surrey Warwick and Glocester promised the King should do it upon his Return with Victory The King then commanded his Army to be ready at Roxburg upon Tweed on the Feast of St. John Baptist The King going aside to Visit St. John of Beverly found his Army at the time and place appointed 2 Ib. n. 30 40 50. and f. 76. n. 10. The Scots beaten at Falkirk He marched on into Scotland The Scots meet him with a mighty Army under the Conduct of Waleys On St. Mary Magdalen's Day or 22d of July both Armies drew up in a large Field near Falkirk upon the Signal given by the King the English boldly attacked the Scots their Horse soon gave ground the English pursuing and killing great numbers my Author says Sixty thousand Waleys and the Great Men of Scotland fled into the Woods After some stay in Scotland where he used some severity The King returns into England in his Return at Carlisle he gave the Constable and Marshall Leave to go home and stayed himself in the North Parts until after Christmas when he returned into the South and in 3 Cl. 27. Ed. I. M. 18. Dors Summons a Parlement February summoned a Parlement to meet on the first Sunday in Lent 4 Walsingh f. 76. n. 20. The Pope's Award read in it where was Read the Pope's Instrument of Award between the Two Kings which is long but the Effect thereof was 5 This Instrument is Intituled Pronuntiatio Bonifacii in Jurie London 25 Ed. I Pryns Ed. I. f. 758. The Articles of his Award as Benedict Caietan not as Pope That whereas they by their special Messengers and Proctors had compromitted into him as a Private Person and Benedict Caietan and as an Amicable Composer and Arbiter of all Wars Controversies Differences and Causes whatever moved between them He did Award and Pronounce 1. That there should be a firm and stable Peace between the Two Kings 2. That the voluntary forbearing of Hostility and the Truce lately made and confirmed between the Two Kings c. should be inviolably observed 3. That the King of England should Marry Margaret the King of France his Sister and Endow her with 15000 l. Turnois i. e. 3750 l. Sterling per Annum 4. That Isabel the Daughter of the King of France not then 7 years old should at convenient time be Married to Edward the King of England's Son then 13 years of Age with the Dower of 18000 l. Turnois per Annum 5. That all Goods on either side Ships especially taken before the War and then not imbeziled or destroyed should be restored and if destroyed and not to be found then either King to make Satisfaction at the Request of each other 6. That all the Lands Vassels and Goods which the King of England had in France before the War which he may have restored to him by virtue of this Compromise he should have and enjoy under such Conditions and Security as shall be awarded 7. That all the Lands Vassals and Goods which the King of France was then possessed of that were the King of England's before the War and those the King of England was then possessed of should be put into the Hands and Possession of the Pope and so to remain until the Kings themselves agreed about them or he should order what was therein to be done without prejudice to the Lands Vassals and Goods or the King 's as to the Possession Detention or Propriety of them This Pronunciation or Award was Dated at the Pope's Palace in Rome on the 20th of June 1298. 26th of Edw. I. A. D. 1298. To which Award when it was read in Parlement all the Clergy and Laity gave their Consent 6 Mat. West f. 431. n. 50. The whole Parlement confirm the Pope's Award Cui assensum praebuit Plebs omnis Clerus This done the 7 Ibm. The Charters confirmed The King refused to confirm the Disforesting Earls Barons and Prelates demanded the Confirmation of the Charter of Liberties and of the Forest with the Deforestation then made He confirmed the Charters but refused to confirm the Deforestation or parting with so much Land out of his Forests as they demanded Walsingham 8 Fol. 76. n. 40. Reports That in this Parlement the King being desired to confirm the Charters as he had promised in Scotland after some delay consented with a Salvo jure Coronae saving the Rights of his Crown which the Earls hearing returned home but calling another 9 Claus 27 Ed. I. M. 18. Dors Writ dated Apr. 10. Parlement to meet 15 days after Easter he granted what they desired The Execution of the Pope's Award was delayed neither of the Kings being forward to deliver their Possessions c. in Gascoign into his Hands but being resolved to make Peace if he could 1 Rot. Aâ—â—m 27 Ed. I. M. 11. intus
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
ut supra f. 384. With a Dispensation to use their Offices c. Dispensation to use their Offices as Pope's Clercs and Nuncios as the Clercs and Nuncios of former Popes had done in former times notwithstanding any former Prohibition by him made Provided they did nothing against his Crown or Dignity or any of his Subjects any manner of way Dated the same Day and at the same Place Lastly He gave 3 Ibm. in Utrâ—que loco And Transport their Money by way of Exchange them leave by way of Exchange and by assistance of Merchants to send all the Money Collected which reasonably belonged to the Church of Rome or to the Pope so as they Transported not any Coined Money or Silver in the Mass by themselves or others Dated at the same Place and Time Under pretence 4 Append. N. 42. of these Letters Grants and Dispensations the Pope's Clercs aforesaid pretextu quarum literarum prefati Clerici Domini Papae c. not having respect to the Prohibitions in Parlement By reason of these Indulgences the Pope's Clerks return to their former Practices returned to their former Practices and being opposed in their Proceedings by many of the Kingdom by reason of those Prohibitions they Petitioned the King's Council holden at Westminster in the Feast of Holy Trinity next following and Exhibited their Letters c. And because it was found That by them the King had revoked nothing of the Ordinance made in Parlement Et They Petition the King and Council for allowance of them quia compertum fuit per easdem quod Dominus Rex nihil Revocavit de praedicta Ordinatione in Parliamento facta nor Granted any thing to the same Clercs by the said Letters but that they might have and receive the first Fruits of vacant Benefices as far as he could Grant them Quantum in Rege fuit and hereupon forbad them Their Petition was rejected and they commanded to desist from any such Practices to do or attempt any thing that might turn to the prejudice of his Crown and Royal Dignity or any other of his Subjects And it being found also That every of the Grievances aforesaid were in prejudice of the King and his Subjects By Command of the King being then at Carlisle it was agreed in the same Council That the Clercs should not do them nor have the first Fruits of Benefices of the Patronage of the King because it would turn to the prejudice of him his Crown and others The Clercs understanding this Agreement would not any further prosecute their Petitions or appear to receive their Answer And therefore there was a further Prohibition made That whereas there had not been a full Deliberation And for doing any thing against the K. his Crown and Dignity c. had upon their Petitions they should not attempt any thing any way prejudicial to Him his Crown and Dignity the Noblemen and People of his Realm Witness the King at Carlisle the 27th day of June in his 35th year This Prohibition was served 5 Ryley ut supra f. 385. upon them by the Mayor Aldermen and Sheriffs of London and afterwards if the said Clercs had presumed to have been Relieved against this Prohibition before they could attempt it the King died so as nothing further was done in this Matter In the time of this 6 Append. N. 43. Parlement at Carlisle either the King himself or the Lords took notice of the great Familiarity there was between the Prince and Piers de Gaveston and what Influence he had upon and Power over the Prince but whether upon the King 's own Observation or their pressing him to it I find not nor for what particular Reasons on the 26th of February at Lowercost by the King's Order and Command not on his Death-Bed as Piers de Gaveston Banished England commonly storied he was Banished England and to be ready to quit it at Dover three Weeks after the Turnament or Justs which should be Fifteen days after * Easter-Day was this Year 1307. on the 26 of March so that the day of his Departure was the First of May. Easter next coming and not to return without the King's Leave and Calling him back and for the Performance of this Order Monsieur Piers at the Day and Place aforesaid made Oath upon the Body of God i. e. The Consecrated Host the Old Cross and the King 's other Reliques and the Prince of Wales made Oath in like manner That he would not Receive Retain or Permit the said Piers to be with him contrary to this Order unless he was Recalled by and had leave from his Father to return and for his Subsistence beyond Sea so long as he staid there Monsieur Piers had allowed him an hundred Marks Sterling by the Year After Easter this Year in the Heat of the Controversie and Quarrel between the King Nobility and Pope's Nuncios as before related 7 Mâ—t. Wâ—st f. 458. Robert Brus put to flight the Eâ—of Pembroke and Glocester Robert Brus having increased his Army engaged Aymer de Vâ—lence Earl of Pembroke and put him to flight killing few of his Men Three Days after he also put to flight the Earl of Glocester with the Slaughter of many on both fides and afterwards besieged him in the Castle of Ayr until by the King's Army the Siege was Raised when with his Men he fled into the Woods and Mountains 8 Ibm. Robert Brus flies into the Woods and Mountains yet King Edward sent into England and under great Penalty Commanded all that ought him Service to be ready at Carlisle three Weeks after the Feast of St. John Baptist and there sent his Son into England also to prosecute his Match with the King of France his Daughter by the assistance of the The Prince sent into England Spanish Cardinal Bishop of Sabin 9 Ibm. After the Departure of his Son the King fell ill of a Dysenterie or Bloody-Flux yet by small Journeys he moved toward Scotland from Carlisle and at Burgh upon Sands his Disease increasing he Died the 7th of July A. D. The King Dies 1307. Church-Affairs NOT long before the Death of Henry III. the Monks of Canterbury by his License 1 Antiquit. Brit. f. 189. n. 10 20. God de presul Angl. p. 137. A. D. 1272. had chosen William de Chillenden their Sub-Prior for their Archbishop the Pope persuaded him as a Person not â—it for that Place to wave the Election and make way for Robert Kilwarâ—eby a Friar-Minor who for Eleven years had been the Collector of the Pope's Moneys or Revenues in England to be Archbishop by his Provision without the King's License the Monks Election and his Approbation afterwards contrary to the King's Prerogative the ancient Rights of his Crown the Laws of the Realm and Liberties of the Church But to provent if it might be for the Future the like Practices of the Pope within
less than a Month after the Death of Henry the Third King Edward being in the Holy-Land the Guardians of the Kingdom and Council in his Name by their Proctors made publick 2 Append. N. 44. Protestation for the Vindication of the Prerogative and Rights of his Crown against these Provisions before they Granted the Temporalities 3 Ibm. shewing That Cathedral Churches when void ought of Right and Custom and were wont to be filled by the Canonical Election of the Chapter the King 's Leave having been first asked and obtained And that after the Election the Elect ought to be presented to the King That he might object against him if he had any thing reasonable to propound against him and that it seemed to the King and his Council a great Prejudice to him and the Church of Canterbury whose Patron and Defender he was especially if this should be made an Example in other Churches That the Pope omitted these Vsages where there could not be found any Fault either in the Matter or Form of the Election nor so expressed in his Letters of Provision yet should assume a Power of Supplying Vacancies with Bishops Whence lest for the future the Roman Church should proceed to do the like or if it should do it That the King might not receive Prejudice or be bound to restore the Temporalities of the Churches the King of his especial Grace granted them to this Man and then Iterus Bernard his Procurator and Clerc made Protestation in his Name and stead That this Grant of the Temporalities should not be drawn into Example for the future This Protestation was made and Read at Westminster in St. Stephen's Chapel on the Vigil of St. Lucy the Virgin i. e. December 12th in the presence of Friar Robert â—e â—dwarde by the Elect by the Monks afterwards in compliance with the Pope or under a Pretence to Preserve their own Right and of the Bishop of Eâ—â—â—ster Walter de Merton Chancellor of England John de Chistâ—â— Dean of St. Pauls R. Burnel Arch Deacon of York and many others A. D. 1272. And on the same Day the 4 Pat. 1. Ed. 1. M. 20. intuâ— Temporalties having had sufficient Testimony of his affection to the King and taken the Oath of Fealty to him for that Time out of his especial Grace were Granted by his Lieutenant or Guardians of the Kingdom After six years 5 Antiqu. Brit. f. 192. n. 20 30. A. D. 1279. this Archbishop was made Bishop of Porto in Italy and Cardinal and then Abdicated his Archbishopric upon whose Cession pretending it was his Right so to do notwithstanding the Monks had Elected the Bishop of Bath and Wells then Chancellor of England and the former Protestation The Pope made John Peckham another Preaching Friar-Minor Archbishop and Consecrated him at Rome He was born in Sussex of Obscure Parents and had his first Institution in the Monastery of Lewis The Archbishops Bishops and Clergy endeavouring to put in practice the Canons of Boniface made at 6 Compleat Hist of Engl. f 668. Merron 42 Hen. 3. A. D. 1258. and the Provincial Constitutions of the same Boniface at 7 Spelm. Concil Vol. 2. f. 305. Lambeth 45 of Hen. 3. A. D. 1261. This Archbishop in the 7th of this King on the Third of the Calends of August or 30th of July A. D. 1279. 8 Ibm. f. 320. 323. called a Council of his Suffragans at Reading in which several Sentences of Excommunication were enjoined to be Published 9 Append. N. 45. which so Troubled the King that he convened the Archbishop in his Parlement at St. Michael next following wherein he made an open Revocation of such as pleased him not and were against the Rights of his Crown In the 8th of King Edward this Archbishop and his Suffragans intending to hold a * Spelm. Vol. 2. f. 327. Council at London the King fearing by their late Canons and Proceedings at Reding they might presume to Constitute something therein against his Crown and Dignity 1 Append. N. 46. appointed Roger le Estrange and Hugh Fitz-Otto Steward of his Houshold his Commissioners to go to them and appeal against such Proceedings Next Year he called a 2 Spelm. Ut supra f. 328 Council at Lambeth but the King suspecting the Loyalty of the Archbishop and Bishops directed his 3 Apprend N. 47. Writ to them Commanding them upon their Oaths of Fealty they had all taken to be Faithful to him and Defend his Rights and the Rights of his Kingdom as much as they could and enjoined them by Virtue of their Oath and under pain of losing the Temporals they held of him that they should in that Council do nothing against him his Kingdom and the Rights or Laws which his Predecessors and he had used by ancient and approved Custom nor to do assent to or attempt any thing against them Notwithstanding this Inhibition the Review the Council of 4 See Church Affairs in time of Hen. 3. Spelm. Conc. Tom. 2. f. 329. Lambeth holden under Boniface the then Archbishop to see how far it was suspended by the King's Appeal to the Pope about it and notwithstanding his Revocation of some of the Canons and Sentences of Excommunication made at Lambeth and renewed at Reding about two years before in open Parlement he renewed them again in this Council as 5 Ibm. f. 334. Linwood Constitutiones Provinciales in fine f. 30. That against such as procured or obtained Prohibitions against Proceedings in Spiritual Courts That against the Infringers and Opposers of Ecclesiastic Liberty That against such as took any thing out of or from the Houses Mannors or Lands of Ecclesiastic Persons against their Wills That against such as took or removed any Persons or Goods out of Sanctuary and hindered any Victuals to be brought to such Persons and Lastly against such as Denied to execute the King's Writs for taking the Excommunicates or hindered the taking of them or unjustly procured their Liberty This Council ended 6 Spelm. Concil Tom. 2. f. 341. on the Sixth of the Ides or 10th of October and he wrote the King a Letter about 7 Ibm. Church-Liberty not long after wherein he tells him That for a long time and very anciently there had been great Dissention between the King and Great Men of England and the Archbishops Bishops and Clergy of the same concerning the Oppression of the Church against the Decrees of Popes the Constitutions of Councils and Sanctions of Orthodox Fathers in which the Bighest Authority the greatest Truths and Sanctity did consist and therefore beseeched the King there might be an End put to those Dissentions which could not otherwise be then by his being inclined to close with those three things from which the Canons were Collected and to submit his Crown to the Crown of Christ for that the Ecclesiastic or Church-Liberties were the Jewels of his Spouse He tells him further That
and Burgesses gave their new King a Fifteenth part of their Goods and the other Laicks a Twentieth I find not what was further done here in England in the first Five months of his Reign other than That his great Favourite Peirs de Gaveston returned into England his 4 App. n. 43. Peirs de Gavesion returned into England Exile and the Obligation of his Oath not to come over unless recalled by or had Leave to come from King Edward the First having been both determined by his Death And also the Oath which King Edward made when Prince of Wales at the same 6 Ibm. time That he would not Receive or Retain him without the Leave of his Father How long he had been in England and how long Earl of He is made Earl of Cornwall and Guardian and Lieutenant of the Kingdom Cornwall before the 26th of December in the first year of King Edward's Reign I have not seen On that day being at Westminster he made him by the Name and Title of Peter de Gaveston Earl of Cornwall his 7 Append. n. 48. Guardian and Lieutenant of the Kingdom for the better Conservation of the Peace and Quiet thereof while he should be beyond the Seas or during his Pleasure And on the 18th of January following being then at Dover 8 Ib. n. 49. The great Power given to him he gave him Power to grant Licences of choosing Pastors of Cathedral and Conventual Churches to take their Fealties when Elected and Confirmed and restore the Temporalities to give Prebends and vacant Benefices which were of his Collation or Presentation and dispose of Wardships and Marriages which might happen in his absence On the 19th of January he 9 Cl. 1 Ed. II. M. 11. Dors summoned a Parlement to meet at Westminster on the first Sunday in Lent being then at Dover but of it there are no Memoires in the Tower or other-where that I have seen Then the King passing over Sea on the 28th of the same month was 1 The. de la Moor f. 593. n. 10. Married to Isabel Daughter of Philip the Fair King of France at Bologne with wonderful Pomp and Celebrity there being at the Solemnity Four Kings and Three Queens besides the Bride and returning into England they were both 2 Cl. 1 Ed. II. M. 10. Dors Crowned at Westminster on the 24th of February where the Earl of Cornwall excelled all the Company in rich Cloaths and Ornaments and carried the Royal Crown 3 Ib. de la Moor ut supra n. 20. before the King which much increased the Envy of the Nobility against him He was the 4 Son of a Gasconian Knight who had done Who Peirs Gaveston was 4 Frier John Trokelow's Annals of Ed. II. f. 192. col 2. â— in Biblioth Cotton Claudius D. 6. Edward the First great Service in the Wars of that Country and in respect thereof he ordered him to be Educated with his Son the Prince which made the great familiarity between them Sir Tho. de la Moor Servant to Edward the Second gives him this Character 5 That he had a fine Body was of a quick and sharp Wit curious in his Behaviour and sufficiently Skilful 5 Ut supra in Military Affairs which appeared as he says by his Management of and keeping in due Subjection the Scots when he commanded the English Forces in that Kingdom for which he was envied by those who saw his happy Success By reason of the King 's extravagant Favours toward and in The Nobility much moved by the King's favour to him conferring Honours and Lands upon him especially after he had Married his Niece Margaret Sister to the Earl of Glocester with his receiving him into so great Intimacy and making him Chief Minister as may be supposed according to the Report of all our Historians the Nobility were much moved who pressed and advised the King he might avoid the Realm which not being done so soon as was expected the King declared 6 Pat. 1 Ed. II. M. 10. to all such as should see or hear his Letters Patents That for no cause whatever he should be permitted to stay in England longer than the Morrow of St. John Baptist according as it had been advised by the Prelates Earls and Barons and agreed to by himself Given at Westminster the 18th day of May. Accordingly he was sent into Ireland and made the King's He is made the King's Lieutenant in Ireland 7 Pat. 1 Ed. II. M. 3. in Cedula An. D. 1308. Lieutenant there to Direct and Act in all things in his Name as if he had been himself there present Witness the King at Reding 16 die Junii But long he stayed not there for in the Second year of the King he procured a Tournement to be proclaimed at 8 Walsingh f 96. n. 50. A. D. 1309. The Nobility contrive how to destroy him Waling ford and called thither so many Military Men out of Foreign Parts that he insulted over the English Nobility who came to meet them amongst whom the chief were Thomas Earl of Lancaster Humphry de Bohun Earl of Hereford Aymer de Valence Earl of Pembroke and John Earl of Warren and Surry who being much displeased and hardly bearing the Pride of Gavestan and the Reproach they received every day considered and contrived how they might destroy him De die in diem quomodo Petrum perderent cogitabant The Prelates Earls and Barons taking advantage of the King 's continued Exorbitant Kindness to him and heaping upon him so great Riches and Estates to the disadvantage of the Crown and lessening the Revenues thereof and the great Power he had with him and being thereby as may probably be concluded the great Obstacle to the Execution of their Designs formed against They press the King to give them a Commission to choose Ordainers to make Ordinances for the Government of his Houshold and Kingdom the King's Father and himself were impatient till they had removed him never to return again and to do this they daily pressed the King to give them Authority to choose such amongst them that might have Power to make Ordinances for the Government of his Houshold and Kingdom which at length they obtained and had this Grant or Commission for the making of them THE 9 9 Append. n. 50. A. D. 1309. 3 Ed. II. The Commission for that purpose King to all those who shall see or hear these Letters Greeting Whereas to the Honour of God and for the good of us and our Realm we have of our free Will granted to the Prelates Earls and Barons of our Realm that they may choose certain Persons of the Prelates Earls and Barons and others whom they think fit to call to them during the time of their Power that is to the Feast of St. Michael next coming and from that Feast for a year next following to Ordain and Establish the Estate of our Houshold
and of our Kingdom according to Right and Reason We Grant by these our Letters to such as may be chosen by the Prelates Earls and Barons whoever they shall be full Power to Ordain the State of our Houshold and of our Kingdom abovesaid in such manner as their Ordinances be made to the Honour of God to the Honour and Profit of Holy Church and to the Honour of us and our Profit and to the Profit of our People according to Right and Reason and the Oath which we made at our Coronation And we Will that those which are chosen and all under our Dominion and of our Ligeance shall observe and keep the Ordinances to be made in all Points and that they may secure the Observation of them they may Bind themselves and Swear to one another without being questioned by us or our Friends and if peradventure it shall happen that part of those which shall be chosen to make the said Ordinances shall be hindered by Death Sickness or other reasonable Cause which God forbid so as they cannot perfect the said Ordinances then it shall be lawful for such as are present to Proceed by themselves or call such other to their Assistance as shall be most for the Honour of us the Profit of us and our People In Witness of these things we have caused to be made these our Letters Patents Given at Westminster the 16th day of March. The very day following the Prelates Earls and Barons or at least as many of them as might then be in London 1 Append. n. 51. An Instrument made by the Nobility to the King concerning the Commission above made an Instrument to the King wherein after they had repeated this Grant and Commission they grant and promise for them their Successors and Heirs That the Grant which their most Dear Lord their King had made as abovesaid should not at any other time be drawn into Custom or Usage nor turn to the prejudice of the King or his Heirs or of them their Successors or Heirs nor to the damage of any one against Right and Reason nor That the Grant aforesaid may in other manner be intended or claimed properly from his Courtesie and Free Will or Pleasure and that the Power of the said Ordainers as to making the Ordinances should not indure longer than the Time limited In Witness whereof they put their Seals to these their Letters Patents Given at London the 17th Day of March in the Year of Grace 1309. and the Reign of their Lord the King the Third They lost no time after they had their Commission for within three days the Ordainers were chosen and sworn They were these 2 Claud. D 2. f. 295. a. in Biblioth Cotton under-written The Arch-Bishop of Canterbury Bishops of Earls of Barons London Gloucester Hugh de Ver. Salisbury Lancaster William le Marshall Chichester Lincoln Robert Fitz-Roger Norwich Hereford Hugh Courtenay St. David's Pembroke William Martin Landaffe Richmond John de Grey  Warwick   Arondell  The Oath was this 3 Ibm. as 't is translated from the Old French I will make such Ordinance as shall be to the Honour of God the The Ordainers Oath Honour and Profit of Holy Church and to the Honour of our Lord the King and to the Profit of him and of his People according to Right and Reason and according to the Oath which our Lord the King sware at his Coronation And that I will not forbear for any Man Rich or Poor nor for Love or Hatred nor any other thing But will make such Ordinance in Form abovesaid 4 Ibm. And then after the Form of taking of it 't is noted in Latin That Factum fuit Receptum praedictum Juramentum c. The said 5 N. 52. Oath was made and taken in the Form aforesaid according to the King's Will and special Command on Friday the 20th of March in the Year of our Lord 1309. in the Third Year of the Reign of King Edward the Son of King Edward at Westminster in the Great Painted Chamber of the said King The Ordinances themselves are transcribed from the Parlement-Roll and Printed in the Appendix and were to this Effect and according to this Sense and Tenour For that the King was Deceived by Evil Counsel and the Nations of Gascoigne Ireland and Scotland in danger to be lost and the Realm of England to be ruined by Oppressions Prizes Takings and Destructions therefore Robert Arch-Bishop of Canterbury the Bishops Earls and Barons Chosen according to the King's Commission did Ordain to the Honour of God and Holy Church and the Honour of the King and his Realm in manner following 1. That Holy Church have all its Franchises as it had before The Ordinances and ought to have 2. That the King's Peace be kept throughout the Realm so as any Man may safely go come and stay any where according to the Law and Usage of the Realm 3. It is Ordained for the Payment of the King's Debts the Bettering and more Honourable Maintenance of his Estate That nothing of Lands Rents Franchise Escheat Ward Marriage Office or Bailiwick be given to any of the Ordainers during the time of their making Ordinances nor to any other Person without the Advice and Assent of the Ordainers or the greater Part or Six of them at least but that all things may be improved to the Honour and Profit of the King and Advancement of his Estate 4. That the Customs be Received by Persons of the Realm and not by Strangers that the Issues and Profits of them and all other things do come entirely into the Exchequer and be delivered thence by the Treasurer and Chamberlains for to maintain his House or Court and otherwise to his Profit that the King may live of his own without taking any other things than anciently due and accustomed 5. That the Merchants Aliens and their Goods be Arrested while they have given Account of the Customs and other Profits and Issues of the Realm they received since the Death of King Edward the Father of this present King before the Treasurer and Barons of the Exchequer and others to be joined with them by the Ordainers 6. That the Great Charter be kept in all its Points and that the Ordainers and such as they shall call to their Assistance during their Power shall declare all obscure and doubtful Points in it 7. For that the Crown was so abased and dismembred by divers Gifts it was Ordained That all the Gifts Granted to the Damage of the King and Distress of the Crown after the Commission to them made of Castles Towns Lands Tenements Offices or Bailiwicks Wards Marriages Escheats and Releases whatsoever as well in Gascoigne Ireland Wales and Scotland as in England should be Repealed and were declared Repealed without any Regranting to those that had them unless by common Consent in Parlement or if any such Gifts or Releases were afterwards made without Assent
of his Baronage in Parlement until his Debts were paid and his Estate advanced they should be null and the Procurer punished in Parlement by award of the Baronage 8. For that it had been at other times Ordained That the Customs Issues and Profits of the Crown should be received by the People of the Realm and not by Strangers and paid into the Exchequer for the Maintenance of the King's Houshold c. and it had not been done as Ordained therefore it was Ordained again it should be so 9. And for that the King ought not to undertake to make War against any one or go out of the Realm without the common Assent of his Baronage for many Dangers that might happen to him and his Realm it was Ordained That afterwards the King should not go out of his Kingdom or make War against any without the common Assent of his Baronage and if he should do otherwise and cause his Service to be summoned the Summons should be null and void And if it should happen the King should make War against any or go out of the Kingdom by Assent of his said Baronage and that it should be necessary to appoint a Guardian of the Realm he ought to be appointed by common Assent of his Baronage in Parlement 10. That there be no Prises or Takings for the King but such as are due of ancient Right that none under colour of Purveyance take to the use of the King or other any Corn Goods or Merchandise of any one against his Will or with his Will according to * Cap. 19. Magna Charta without paying the true Value for it under pain of being pursued by Hue-and-cry and if taken committed to the next Gaol and undergoing the Common Law as a Thief and Robber 11. That no new Customs or Maletolts levied sinee the Coronation of Edward I. or Inhancement of the old be taken of Merchants notwithstanding the Charter made by him to the Merchant Strangers against the Great Charter the Franchises of the City of London and without the Assent of the Baronage c. 12. To the Honour of God and of Holy Church it was Ordained against such as should maliciously procure Prohibitions and Aâ—eachments against the Ordinaries of Holy Church in case of Correction of Sin and other things purely Spiritual which belonged not to the Lay Court That the Justices should award Damages to the Ordinaries and if the Plaintiffs had not wherewith to pay them they should be committed to Prison so long as the Grievance miliciously procured should require saving the Estate of the Kingand Crown and other Right 13. That because the King had been Guided and Counselled by Evil Counsellors therefore it was Ordained all Evil Counsellors should be removed from the King that neither they nor any such should be near him or hold any Office under him and that other fit Persons should be put in their Places and in like manner it should be done to his Menial Servants and the Officers of his Houshold 14. For that many Evils happened by such Cousellors and Ministers it was Ordained That the King should make the Chancellor Chief Justice of one Bench and the other Treasurer Chancellor and Chief Baron of the Exchequer Steward of his Houshold Guardian of the Wardrobe Comptroler and a sit Clerk to keep the Privy Seal the Justices of the Forest on this side and beyond Trent the Escheators on this side and beyond Trent and the Chief Clerk of the Common Bench â—y 〈…〉 be Advice of vs Baronage in Parliament and if it should happen and be necessary to chuse any such Officers when there was no Parliament then the King should do it by the Advice he had about him until there should be a Parlement And so it should be for the future concerning such Ministers when need required 15. That all Governours of Ports and Castles upon the Sea be placed and made according to the Form abovesaid 16. And for that the Nations of Gascoigne Ireland and Scotland were in danger to be lost for want of Good Ministers it was ordained That Good and Sufficient Officers should be placed there according to the Form of the 2d Article next above that is the 14th 17. That Sheriffs be from thenceforth made by the Chancellor and Treasurer and such of the Council as shall be present and if the Chancellor be not present then by the Treasurer Barons of the Exchequer and Justices of the King's Bench that such should be chosen only as had Lands to answer the King and People for their Doings and no others to have Commissions under the Great Seal 18. That the Guardians and Officers of Forests receive just Trials for their Grieving the People Oppressions and Misdemeanours and be removed from their Offices notwithstanding they have Grants for their Lives 19. Directs the manner of Trial of Trespasses of Vert and Venison c. in the Forests according to the Charter of the Forest and Declaration of King Edward I. which is there recited 20. For that by the Examination of Prelates Earls Barons Knights and other Good People of the Realm it was found that Peirs de Gaveston had evilly Counselled the King and had inticed him to do ill in divers manners That he cheated the King of his Treasure and sent it beyond Sea That he accroached to himself Royal Power and Dignity in making Alliances with People upon Oath to live and die with him against all Men That he put from the King Good Officers and placed about him those of his Covin and Party as well Strangers as others That he estranged the King's Heart from his Liege People so as he despised their Counsels That he caused the King to grant Lands Tenements and Offices to himself and his Heirs and divers other People to the great Damage and Injury of the King and his Crown That he caused Blank Charters to be sealed with the Great Seal in deceit and disinheritance of the King and Crown That he maintained Robbers and Murderers causing the King to pardon them That King Edward the Father of the present King ordered him to forswear the Realm of England and directed that his Son the present King should for ever forswear his Company and for several other Reasons as the Nourishing of Concord between the King and his People and the Eschewing of many Perils and Discords it was Ordained the said Peirs should for ever be exiled out of England Scotland Wales and Ireland and all the King's Dominions either on this side or beyond the Sea between that time and the Feast of All-Saints next following having Dover assigned him for his Port to pass from and no other and if he should be found in England or any other part of the King's Dominions beyond that Day then he should be treated as an Enemy to the King Kingdom and People 21. That * This Emeric and those of his Company were a Society of Merchants by the name of the Society of
Tenent of the Land to be adjudged to Prison a year and day for Cheating the King and Court and if the Deceit be found in a Plea of Debt or Trespass upon Attaint the Defendant shall be punished to the King and pay Damages to the Plaintiff 38. Also it was Ordained the great Charter of Franchises and the Charter of the Forest of King Henry the Son of King John should be holden in all Points and if there were any Points doubtful in them they were to be declared next Parlement after this by the Baronage Justices and other Sages of the Law and this was to be done after this manner because it was not in their power for want of time 39. That the Chancellor Treasurer Chief Justices of one Bench and the other Chancellor of the Exchequer Treasurer of the Wardrobe Steward of the Houshold all Justices Sheriffs Escheators Constables Inquirers into any Matter whatsoever it was and all other Bayliffs or Officers of the King should be Sworn when they received their Offices to keep and observe all the Ordinances made by the Prelates Earls and Barons chosen and assigned for that purpose and every one of them without doing any thing to the contrary 40. Also it was Ordained That in every Parlement there should be assigned One Bishop Two Earls and Two Barons to hear and determine all the Complaints of those that would impeach the King's Ministers whosoever they were for doing any thing contrary to these Ordinances and if all the Parties assigned could not attend to hear and determine these Plaints then Three or Two of them might and punish such as should be found to have acted contrary to these Ordinances to the King and to the Complainants according to their Discretions 41. Also they Ordained That the Ordinances abovesaid should be maintained and kept in all their Points and that the King should cause them to be put under his great Seal and sent into every County of England to be published and firmly observed as well within Franchises as without and in like manner the Warden of the Cinque-Ports should be sent to that he should publish them to be kept through his whole Jurisdiction Then follows the King's Confirmation WE these same Ordinances shewed to us and published on Monday The Ordinances confirmed by the King next before the Feast of St. Michael last past do Agree unto Accept Confirm Will and Grant for us and our Heirs That all the said Ordinances and every one of them made according to the Form of our Letters Patents shall be published and hereafter firmly observed and kept In Witness whereof we have caused to be made these our Letters Patents Given at London the 5th day of October in the 5th year of our Reign In the Parlement Roll 't is not entered or any mention made of the Protestation the King made when he confirmed these Ordinances 6 Pat. 6 Ed. II. part a. M. 20. intus Ril Plac. Parl. f. 541. That is to say That if they contained any thing to his Damage or Prejudice or contrary to the Commission granted to the Ordainers Eapro non concessis non confirmatis haberentur those things were not granted or confirmed reserving The King's Protestation that if the Ordinances contained any thing to his damage it should be void to himself in that Protestation Power by good Advice of the Ordainers and others to correct and amend the same as was more fully contained in a Publick Instrument made of this Protestation The Summons to this Parlement wherein these Ordinances were confirmed were Dated at 7 Cl. 4 Ed II. M. 1. Dors A Parlement summoned to confirm these Ordinances Berwick upon Twede the 16th day of June in the 4th of Ed. II. for it to meet the Sunday before St. Laurence or the 10th of August which was in the 5th year of his Reign at London In the mean time there 8 Cl. 5 Ed. II. M. 31. Dors A Quarrel between two Barons happened divers Debates and a Quarrel between Two Barons Nich. de Segrave and William Marshall who took Arms on both sides and engaged their Friends and Confederates so to do intending to come to this Parliament with a Multitude of Armed Men 9 Ibm. They intend to come to the Parlement with a number of Armed Men on either side The King forbids them The King taking notice it would be in Contempt of him the Hindering of the Dispatch of Business to the Terror of the People and Disturbance of the Peace sent his Prohibition to them Commanding them upon their Faith and Homage and forfeiture of their Lands and Tenements and all they could forfeit they should not come to the Parlement so Armed or in any other manner than they and others use to come in the time of his Father Witness the King at Berwick upon Twede July 20th After the Articles had been confirmed several of the Prelates Earls and Barons thought it had been a long Session and made it their 1 Cl. 5 Ed II. M. 25. Dors The Continuation or Prorogation of this Parlement Request to the King they might retire into their own Countries by whose Advice or Assent he continued the Parlement unto the Friday next after the Feast of All-Saints at Westminster Parliamentum illud usque in diem Veneris proximum post festum omnium sanctorum celebrandum duximus continuandum and gave Leave to some of the Prelates Earls and Barons in the mean time to go home Et quibusdam de Praelatis Comitibus Baronibus licentiam concessimus se interim ad propria divertendi commanding 2 Ibm. them to be at the time and place aforesaid and further commanding the Arch-Bishop of Canterbury That he should give notice to the Deans and Priors of 3 Ibm. Cathedral Churches also the Abbots and Arch-Deacons in their own Persons and the Clergy of the whole Province by their Proctors to be in that Parlement 8 days after St. Martin Witness the King at London the 8th day of October But this short time as he thought for the Summons of his Clergy 4 Ibm. pleased not the Arch-Bishop and therefore the King if there might be any Words in that Writ 5 Ibm. prejudicial to him and his Church promised they should be amended in Parlement and gave him Leave to Direct his Clergy to be at the Parlement Fifteen days or Three weeks after St. Martin according to his Discretion Witness the King at Eltham the 24th day of October The Arch-Bishop without doubt took the longest time and accordingly others of the Prelates Earls and Barons delayed their coming until the Clergy should meet unless there were a further continuance of the Parlement which I find not for on the 28th of November the King issued his 6 Cl. 5 Ed. II. M. 22. Dors The great Earls intended to come to Parlement with Horse and Arms. The King Commands them not to come in such manner Writs to Gilbert of
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 Scotland to his Obedience and took in most of the English Garrisons some by Force others upon Terms some one Year some another Having taken Edinburgh he sent his Brother Edward to besiege Sterling Castle in which was Philip Mowbray a Stout and Provident Governor who taking notice of the Success of the Scots had exceedingly Fortify'd and Victualed it Edward Brus after some time lying before it despaired of taking it by Force and both sides agreed on these Conditions 6 Ibm. n 80. That if the English did not Relieve the Castle within a Year from the Day of the Treaty it should be Delivered to the Scots and that the Garrison should have safe Conduct to go whither they would with all their Goods The next Spring the Scots came into the Marches or Borders A. D. 1314. 7. Ed. II. and made great Ravages and Slaughters there and to suppress their Insolencies secure the Borders from their Cruelties and drive them back the King summoned the Militia to 7 Claus 7 Ed. II. M. 8. Dors The Earls of Lancaster meet him at Newcastle upon Tine 3 Weeks after Easter and march from thence against his Enemies and all that ought him Service came But the 8 Trokelow f. 198. a. col 2. Wals f. 104. n. 50. Warwick and Arondel refuse Earls of Lancaster Warwick Warren and Arondel who refused their Service because the King had not effectually observed or put the Ordinances in due execution without them The King 9 Ib. f. 105. lin 1. c. to serve the King against the Scots The Battel of Bannocks-bourn marched with a numerous and glorious Army to the Relief of Sterlin-Castle where he received a mighty Overthrow on the Eve and Day of St. John Baptist or 24th of June In this Battel which is called the Battel of Strivelin or Bannocks-Bourn because Fought near Sterlin and by the Brook or River Bannock was slain Gilbert Earl of Clare and several other Noble-men many Knights and Banerets and a great number of ordinary Men and many of all sorts taken Prisoners the King hardly escaping The Particulars of this Fatal Fight may be seen in most of our Historians 1 Froys vol. 1. c. 6. f. 2. a. col 2. There was great murmuring after this Defeat the Barons whereof the Earl of Lancaster was Chief put it upon Hugh Spenser the Younger that by his Advice the Field was lost and that he was favourable to the King of Scots In the Parlement holden at Westminster eight days after St. Hilary or 20th of January in the 8th of his Reign per Petitionem 2 Rot. Parl n. 35 36. A. D. 1314. Archiepiscoporum Episcoporum Comitum Baronum aliorum de Communitate Regni coram nobis consilio nostro exhibitam c. by a Petition of the Arch-Bishops Bishops Earls Barons and others of the Community of the Kingdom exhibited to the King and his Council That Oxen Cows Muttons Hogs Geese Hens Capons Chickens Pigeons and Eggs were intolerably dear it was enacted and proclaimed in every County That the best Ox not fed with Grain should be sold for 16 s. and no more and if he were fed with Corn then for 24 s. at most The best live fat Cow for 12 s. a fat Hog of two Years old for 3 s. 4 d. a fat Wether or Mutton unshorn for 20 d. and shorn for 14 d. a fat Goose for 2 d. ob a good and fat Capon for 2 d. a fat Hen for 1 d. two Chickens for 1 d. four Pigeons for 1 d. and twenty four Eggs for 1 d. And those that would not sell these Things at these Rates should forfeit them to the King This Parlement 3 Append. n. 60. The People in Stafford Shropshire refuse to pay a 20th part Granted by Parlement gave the King a 20th Part of their Goods or Moveables which in Stafford and Shropshire some dissatisfied People refused to pay and hindred the Collectors appointed by the King from gathering of it 4 Ibm. The Pretences of their Denial pretending it was granted upon certain Conditions to wit That he should cause the Great Charter of the Liberties of England the Charter of the Forest the Ordinances made by the Prelates Earls and Barons and the Perambulation of the Forests to be observed which had not then been duly put in execution At which the King was much surprized and displeased seeing he had commanded them to be observed and had assigned Commissioners in all Counties to make the Perambulations 5 Ibm. Therefore that he might be throughly satisfied about the Nature of the Action and have the Names of the Actors he appointed one of his Clerks with the Collectors Commissioners appointed to enquire about their Pretences to make enquiry by themselves and if it were needful by the Oaths of lawful Men of those Parts of all Particulars concerning the same and certifie him distinctly of them In the 9th of his Reign in the Parlement at Lincoln 6 Rot. Parl. n. 1. A. D. 1315. The cause of Summons to Parlement deferred to be declared because the Earl of Lancaster and other Great Men not come holden 15 Days after St. Hilary the King deferred the declaring the Business of the Parlement because Thomas Earl of Lancaster and other Great Men were not then come according to whose Advice he intended to proceed yet on 7 Ibm. The Chancellor and Justices of both Benches enjoined â—obâ—ing in their Briefs of such Causes â—s could not be determined ouâ— of Parlement The Scots disobedient to K. Ed. II. Wednesday next after the Quinden of Hilary the Chancellor Treasurer and Justices of both Benches were enjoined to bring in Briefs of such Matters depending before them in their several Places which out of Parlement could not be determined that here in this Session they might do in such Cases what ought to be done On the 12th of February being Thursday the Earl of Lancaster and other Great Men being present the cause of Calling the Parlement was declared being for their Advice and Assistance against the King's Enemies the Scots who had possessed themselves of the greatest part of that Nation and disowned their Obedience 8 Ibm. beseeching and enjoining the Prelates Noblemen and other his Liege Subjects being there to advise and assist him Supplicans injungens Prelatis Proceribus caeteris Fidelibus Subditis suis ibidem existentibus ut sibi in praemissis consulerent facerent sibi auxilium oportunum After this it was agreed 9 Ibm. That the Prelates and Noblemen Prelati Proceres should meet on the morrow being Friday to treat of Parlement Business they met that Day and discoursed of many things and it was agreed and commanded by the King Concordatum fuit per Regem preceptum they should meet the next day to treat of the same Matter 1 Ibm. The Prices of Victuals revoked when they agreed the Proclamation
about the Prices of Oxen Cows Sheep Geese Hens and other Victuals set the last Parlement should be revoked and that they should be sold as formerly at reasonable Rates The reason of this says Walsingham was 2 Hist f. 107. n. 20. because after the Price set in Parlement they were much dearer On Tuesday following the King by the Bishop of Norwich promised to 3 Rot. Par. ib. n. 1. The King promiseth to observe the Ordinances observe all the Ordinances formerly made by the Prelates and Great Men per Prelatos Proceres and also the Perambulations of the Forest made in his Father's time saving to the King his Reasons against them salvis Regi Rationibus suis contra Perambulationes and thereof Writs were made accordingly On the Friday next coming 4 Ibm. Soldiers how raised and paid against the Scâ—â—s the Great Men and Community of the Kingdom Magnates Communitas Regni Granted to the King in Aid of his War with Scotland of every Town in the Kingdom one Stout Footman except in Cities and Burghs and the King's Demeasns and these Footmen were to be armed and furnished with Swords Bows Arrows Slings Lances and other Armour fit for Footmen at the Charge of the Towns and their Expences to be paid until they came at the Place of Rendezvous and their Wages for 60 Days after and no longer if the King's Service required it at 4 d. the day and Market-Towns that were further able to be charged with Men were so to be charged the King promising to give his Letters to the Great Men and Community of the Kingdom Magnatibus Communitati Regni and to their Heirs That this Grant should be no Precedent nor drawn into Example for the future The same Day the King by Advice of the Prelates and Great Men Consilio Praelatorum Procerum ordered the 5 Ibm. whole Service due to him i. e. all the Horse of England to be Summoned for this cause to be at Newcastle upon Tine 15 Days after Midsummer The Citizens Burgesses and Knights 6 Ibm. n. 2. Cives Burgenses Milites de Comitatibus qui venerunt ad Parliamentum then Granted the King in Aid of this War and Expedition a 15th Part of all the moveable Goods 7 Ibm. Civium Burgensium Hominum de Civitatibus Burgis de Dominicis Regis of Citizens Burgesses and Men of Cities Burghs and the King's Demeasns which they had at Michaelmas then last past On Shrove-Tuesday in the Parlement 8 Ibm. n 3. The King had a sincere good will toward the Earl of Lancaster and other Great Men. the Bishop of Norwich on behalf of the King moved the Earl of Lancaster to put away all Doubting he might have of him for that he had a sincere Good-will towards him and the other Great Men erga ipsum alios Proceres Regni sui and held them to be his Faithful Liege-men and told him the King desired to have him the Chief of his Council requesting him 9 Ibm. ex parte Domini Regis Praelatorum ac Procerum Regni ibidem existentium on behalf of the King Prelates and Great Men there present to take upon him to assist and advise in the Affairs of King and Kingdom The Earl thanked the King and and humbly requested time to deliberate humiliter supplicavit quod ipse possit deliberare and then answer Which he did in a very short time and was Sworn of the King's Council in the Form following Whereas our Lord 1 Ibm. n. 4. King Edward by the Grace of God King of England hath with the Prelates Earls and Barons of the Land 2 Ibm. this number only in French upon the Roll. avesques Prelates Countes e Barons de son Terre in full Parlement requested his dear Cousin Monsieur Thomas Earl of Lancaster that he would be Chief of his Council in all Great and Weighty He requested the Earl to be Chief of his Council Affairs touching himself and his Realm with other Prelates Earls and Barons which may between the King and himself take care that he may be for the Profit of him and the Realm The said Earl for the great Love he had for his Lord the King and for the Common Profit of the Kingdom and the Ordinances 3 Ibm. The Earl complies upon such Terms as he might Govern the Kingdom qil ad sur merci enterement Grante a teniz which he had upon favour entirely granted to observe and the right Laws to maintain in all Points and in hope to make Amendments in such things as had been ill done in his Court and the Estate of his Realm did grant to be of the King's Council with the Prelates Earls Barons so as at the Hour the King shall not do according to his Directions and others of his Council concerning the Matters of his Court and Kingdom after such things have been shown him and he will not be Governed by the Council of him and others the Earl without Evil Will Challenge or Discontent may be discharged from the Council and that the Business of the Realm concerning him shall not be done or performed without the Assent of him and the other Prelates Earls and Barons which shall be ordained or appointed to advise him 4 Ibm. saunz Assent de luy des autres Prelatz Countes Barous qi de luy Conseiller serront ordenetz And if any of the Prelates Earls and Barons shall advise the King or do other thing which shall not be for the Profit of him and his Realm then at the next Parlement by the Advisement of the King and his Friends 5 Ibm. solone lavisement nostres Seigneur le Roy le seon they shall be removed and so it shall be from Parlement to Parlement as to them and every of them according to the Faults found in them In Witness whereof this Bill was to be entred on the Parlement-Roll ceste Bille entre en Rouelle de Parlement And then it follows Billae 6 Ibm. The Instrument by which he was made Chief of the Council entred upon the Parliament-Roll predicta formam continens supra scriptam liberata fuit Willielmo de Ayremin Clerico c. The foresaid Bill containing the Form above written was delivered to William Ayremin Clerc by the hands of the Lords Walter of Norwich and Bartholomew de Badlesmer commanding the said William by Order of the King to inroll it Word for Word Over the Army above-mentioned raised by the Parlement against the Scots the Earl of Lancaster was made 7 Rot. Scot. Ed. 2. M. 6. The Earl of Lancaster made General of the Army against the Scots and Lieutenant of Scotland General and the King's Lieutenant in Scotland but what great things he did with this Army or by his Lieutenancy it appears not in any History I have met with Next Year the Pope sent two 8 Rot. Claus 10 Edw. II. M.
2. A. D. 1317. Two Cardinals sent to make Peace between Engl. and Scotland Cardinals into England Ganselin by the Title of the Saints Marcellin and Peter Priest Cardinal and Lucas by the Title of St. Mary in the Broad-way Deacon Cardinal 9 to make Peace between the Two Kingdoms of England and Scotland and reconcile the Earl of Lancaster to the King 1 c. 59 4. D. 50 and the King and E. or Lanc. Sir Tho. de la Moor says they were made Friends in a Plain near Leicester and that they embraced and kissed each other 2 f. 110. n. 20. Walsingham says Peace was made between them upon certain Conditions and that not long after the King unjustly brake them They 3 Wals f. 109. n. 50. f. 111. n. 40. d la Moor ut supra They Excommunicate Rob. Brus and put Scotland under Interdict both say these Cardinals brought with them the Pope's Bulls by which they Excommunicated Robert Brus and put the Kingdom of Scotland under Interdict for their Defection from and Disobedience to the King of England unless he and they submited to him This Year 4 Ibm. de la Moor says Robert Brus manfully and by force took Berwick killing none that would yield 5 f. 111. n 50. A. D. 1318. Walsingham reports it was betrayed by the Governour Peter Spalding and sold to the Scots to the great Disturbance of the King Neither King nor Kingdom of Scotland valued much this Excommunication Neither Rob. Brus nor the Kingdom of Scotland valued the Excommunication or Interdict and Interdict or at least Robert Brus's Friends or those of his Party never considered or regarded it for in the 11th of this King the Year following he summoned a Parlement to meet on the morrow of Holy Trinity at Lincoln 6 Rot. Claus 11 Ed. II. M. 3. Dors The Scots invade England which he revoked for this reason That his Enemies and Rebels the Scots had invaded England and come into Yorkshire commiting many Murders Plundering Wasting and Burning the Country so as he resolved suddenly to march against them with an Army to restrain their Incursions and bring them to a Submission and therefore the Parlement not to meet According to this Resolution in Autumn this year 7 De la Moor f. 595. l. 1 c. The King besieged Berwick the King marched with a great Army to besiege Berwick the Scots on the other side of the Country invaded England spoiling wasting and burning as far as York 8 Ibm. and Walsingh Hist f. 112. n. 20 30. A Truce with the Scots for Two years which caused the King to raise the Siege of Berwick and consented to a Truce for Two years In the Twelfth of this King the Earl of Lancaster Governed and Directed all things 9 Append. n. 61. To him certain Prelates Earls and Barons by the Will of the King and Assent of many Great Men of the Realm and others of the King's Council being then at Northampton went to Discourse and Treat about the Honour and Profit of the King and Realm and it was agreed between them That Bishops Earls and Barons should remain with him to Advise him in such Matters as concerned him until his next Parlement and concerning this and other Matters an Indenture was made in the Form following This 1 Ibm. The Indenture of Agreement between the King the Earl of Lancaster and other Great Men. Indenture Witnesseth That the Honourable Fathers the Arch-Bishop of Dublin the Bishops of Ely Norwich and Chichester the Earls of Pembroke and Arundel Monsieur Roger de Mortimer Monsieur John Somery Sir Bartholomew de Badlesmere Monsieur Ralph Basset and Monsieur John Botetourt by the Will and Assent of the King have Discoursed with the Earl of Lancaster concerning the things touching the Profit of himself and the Realm in the Form following To wit That the Bishops of Norwich Chichester Ely Salisbury St. Davids Carlisle Hereford and Worcester the Earls of Pembroke Richmond Hereford and Arundel Sir Hugh de Courteny Sir Roger de Mortimer Sir John de Segrave Sir John de Grey and one of the Banerets of the Earl of Lancaster which he shall Name should remain with the King for one quarter of a year until the next Parlement and that Two Bishops One Earl One Baron and One Baneret of the Earl of Lancaster's at least should always be with him and that all considerable Matters that might or ought to be done out of Parlement should be done by their Assent otherwise to be void and amended in Parlement by the Award of the Peers and such as should remain with the King Quarterly shall be chosen and assigned out of them and others in Parlement to Act and Advise the King as aforesaid And the abovesaid Prelates Earls and Barons by the Will and Assent of the King undertook That he should Release and Acquit the Earl of Lancaster ses gentz ses meignees his People Followers or Retinue or as now those of his Party of all manner of Felonies and Trespasses against the Peace until the day of St. James this year and that the Charters of Release and Acquittance should be plain and absolute without Condition and if better Security for them might be found at the next Parlement they should have it and there Confirmed by the King and his Baronage And the Earl of Lancaster granted That he would make Releases and Acquittances to all those that on behalf of the King should demand them of Trespasses done to his Person as soon as the things aforesaid should be Confirmed nor that he would bring Suit of Felony against any one from the time they had his Letters saving to him all Plaints Actions and Suits which he had against the Earl of Warren and all those that were assenting and aiding to the Felonies and Trespasses which the Earl had committed against him against the King's Peace And that the Ordinances be kept and observed as they are under the King 's Great Seal And that these things abovesaid should be performed and kept in all Points The Honourable Fathers in God the Arch-Bishops of Canterbury and Dublin the Bishops of Norwich Ely Chichester Salisbury Chester or Litchfield Hereford and Worcester the Earls Marshal Edmond his Brother the Earls of Richmond Hereford Ulster Arondel and Anegos Sir Roger de Mortimer Sir John de Somery Sir John de Hastings Sir John de Segrave Sir Henry de Beaumont Sir Hugh le Dispenser le fuiz Sir John de Grey Sir Richard de Grey Sir Bartholomew de Badlesmere Sir Robert de Mohant Sir Ralph Bassel Sir Walter de Norwich have undertaken by the Will and Assent of the King In Witness whereof the Prelates Earls and Barons aforesaid have put their Seals to one part of this Indenture and the Earl of Lancaster hath put his Seal to the other Written at Leek whether in Staffordshire Warwickshire or Yorkshire it appears not the 9th day of
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
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
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
he would be honoured thro the whole World and his Liege People safe in all Points and preserved for ever Then also he shewed to the Great Men and Commons how that he and others that were with the King for the Charge they had been at to have his Allies and others to march with him into France were obliged with him for 300000 l. Sterling or more and how that the King and his Friends could not honourably depart from thence without giving his Creditors And requires a very great Sum of Money Satisfaction and likewise that for this Cause and for the Maintenance of him and his Quarrel which was undertaken by the common assent of them all and for his Business on this side the Water he ought to be supplied with a very great Sum. Whereupon in this great Necessity 5 Ib. n. 5. The Great Men give him every Tenth Sheaf Fleece and Lamb c. it was thought convenient to Ayd him with a very great Sum or he would be dishonoured and he and his People destroyed for ever and it was agreed by the Great Men les Grantz ont Grante to give him every Tenth Sheaf Fleece and Lamb of their Demeasnes except of their Bond Tenents The Commons 6 Ib. n 8. The Commons desire another Parlement Give their Reason for it And pray the Two best valued Knights may be chosen in every County declare themselves very forward and willing to assist the King but they pray the Duke of Cornwall Guardian of England and the Lords That he would summon a Parlement to meet in convenient time That the mean while they might go into the Country to endeavour to have an Ayd granted answerable to the King's Necessity and they further pray That Two of the best valued Knights might be chosen in every County for that Parlement Accordingly the Guardian issued 7 Gâ— 13 E. III. Part. 2. M. 1. Dors The Commons give 30000 Sacks of Wooll Writs on the 16th of November for another Parlement to meet Eight days after St. Hillary or 20th of January in which the Commons gave the King 30000 Sacks of 8 Rot. Parl. 13 Ed. III. Part. 2. n. 5 6. 7. The Clergy give nothing because c. Wooll upon certain Conditions comprised in Indentures made hereupon The Clergie gave nothing because in the Eleventh year of his Reign they gave a 19 Adam Marymouth A D. 1337. Triennial Tenth toward the War coming then on with the King of France and to pay Germans Brabanters and others Confederated with him against that King 1 Walsingh f. 147. n. 20. the three years being not then expired The King and Queen 2 Ib. n. 10. King Edward writes to the Peers and Great Mâ—n of France of all sorts and Plebeians Setting forth his Title to that Kingdom kept their Christmass at Antwerp and afterwards went to Gant in Flanders from whence he wrote to all the Prelates and Persons Ecclesiastic to the Peers Dukes Earls Barons Nobles and Plebeians of the Kingdom of France setting forth his Title as aforesaid and telling them That Philip of Valois intruded himself into the Kingdom by force in his Minority and possessed it against God and Justice Therefore lest he should seem to neglect his own Right and the Gift of Heavenly Grace or submit to the Divine Pleasure he claimed the Kingdom and Government in hope of Celestial help Ne videamur jus nostrum Donum Declaring what he would do if possessed of it Celestis Gratiae negligere c. declaring he would be very Gratious to the Good and Obedient and do Justice to every one according to the Laâ—dible Rites and Custumes of the Kingdom To Reform all things were amiss and add according to the Condition of the Times what was best and most expedient for them by assent of the Peers Prelates and Great Men and his faithful Subjects The Letter as written in Latin begins thus 3 Rob. Avers p. 83. a. cap. 28. Edwardus Dei Gratia Rex Franciae Angliae ac Dominus Hiberniae Vniversis Ecclesiarum Praelatis Personis aliis Ecclesiasticis Paribus Ducibus Comitibus Baronibus Nobilibus ac Plebeis in Regno Franciae constitutis veram noticiam subscriptorum universorum c. Edward by the Grace of God King of France and England Lord of Ireland to all Prelates of Churches c. as above Dat. apud Gandavum 8 die Februarii Anno Regni nostri Franciae primo Angliae vero Decimo quarto Dated at Gant the 8th of February in the First year of our Reign of France and of England the Fourteenth Some short time after he came for England and at Harwich on the 21st day of February he issued 4 Claus 13 Ed. III. pars 1. M. 33. Dors Summons for a Parlement his Summons for a Parliament to meet on Wednesday next after Midlent Sunday The cause of Summons was declared to be for granting the King a great Aid or 5 Rot. Parl. 14 E. III. pars 1. n. 5 6 7. A great Ayd desired The King in Debt and was to remain as a Prisoner at Brussels until it was paid The Lords and Knights of Shires give the 9th Sheaf Fleece and Lamb. The Citizens and Burgesses a 9th of all their Goods according to the true value he would be for ever dishonoured and his Lands as well on this side as beyond the Sea in great danger if he should loose his Allies And further he was in his own proper Person to return to Brussels and stay there as a Prisoner until the Sum he was ingaged for there was all paid and in case he had a sufficient Aid all these Mischiefs would cease and his Design with the help of God have a good issue c. Wherefore upon his Request the Prelates Earls Barons and Knights of Shires having regard to the Mischiefs c. granted him the Ninth Sheaf Fleece and Lamb and the Citizens and Burgesses the very Ninth of all their Goods according to the true value for two years next coming upon condition he would grant their Petitions presented to him and his Council In this Parliament 6 Ib. n. 9 10. The Commons make it their Request not to be subject to the King as King of France the Great Men and Commons made it their Request that seeing the King had taken upon him the Title of King of France and changed his Arms they might not be bound to obey him as King of France nor the Kingdom of England put in subjection to him as King of France or to the Kingdom of France le fist faire lettres patentes de Indempnite he thereupon caused to be made Letters Patents of Indemnity 7 Append. n. 86. On the 30th of May next following declaring in the Writ 8 Claus 14 Ed. III. pars 1. M. 23. Dors A Parlement called his intentions of going beyond Sea for the Defence and Safety of his Kingdom of England and the
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
c. The number of Sacks agreed upon was 20000 for which the Merchants were to pay the King 40 s. per Sack Custom besides the Price of the Wooll beyond Sea 1 Ibm. pur equitter e rt ses dettes pur les ploit de ses grosses busoignes to discharge his Debts and for the Exploit of his great Affairs And it was left to the King's Choice and his Counsels beyond Sea whether the Flemings 2 Ib. n. 11. or Almans should be paid with the Money was to be received of the Merchants Soon after King Edward 3 Rob. Aves p. 90. b. c. 30 31. with the assistance of the Duke of Brabant the Earl of Haynault whose Forces then passed under the name of Flemings as in the Parliament Roll and the Communities or Governments of Bruges Gaunt and Ipres besieged Tournay from which Siege he wrote 4 Append. n. 87. a. He besieged Tournay and wrote to the King of France to Philip of Valois without any Title or addition That he had besought him by Messages and all other ways he knew reasonable to restore his Rightful Heritage of France and for that he saw he would not do him Reason he had enter'd into the Country of Flanders as Sovereign Lord thereof signifying to him That by the aid of Jesus Christ and power of the Country his own People and his Allies he would put a short end to his Claim if he would approach him and advance towards him But for that Two so great Armies as there was on both sides could not long continue together without great damage to the People and Country which thing every Christian And sent a Challenge to him to determin the Quarrel and their Claims by Duel between their Two Bodies c. ought to avoid especially Princes and Governors of the People he desired a brief period might be put to the Matter and to avoid the Deaths of Christians the Quarrel being between themselves that the discussion of their Claims might be determined by and between their two Bodies And if he would not consent to this way then that it might be ended by Battel between them and an hundred of their best Men on either side And if he would not take one of these then that he would assign a certain day within ten days after the date of this Letter to fight Army with Army before the Town of Tournay This was his desire not out of Pride or Disdain but that the will of Jesus Christ might be shewn between them for the greater repose amongst Christians Given under his Great Seal at Clyn in the Field the 27th day of July in the 14th year of his Reign of England and first of France To this Letter he had the following Answer returned * Ib. 87. b. The King of France his Answer to King Edward's Letter and Challenge Philip by the Grace of God King of France to Edward King of England We having seen your Letters brought to our Court from you to Philip of Valois in which were contained certain Requests made to Philip of Valois and for that your Letters were not directed or the Requests made to us as clearly appears by the Tenor of them we ought not to have given you any Answer nevertheless because we understand by the said Letters and otherwise that you are entred into our Kingdom of France doing great damage to us our Realm and our People without Reason not regarding what a Liegeman ought to observe toward his Lord for you have entred into our Homage Leige and recognized us King of France according to Reason and promised such Obedience as Men ought to promise to their Liege Lord as appears more clearly by your Letters Patents sealed with your Great Seal which we have by us Our intention therefore is when it shall seem good unto us to drive you out of our Realm and that we may be able to do this we have firm hope in Jesus Christ from whom all our Puissance c. Given in the Fields near the Priory of St. Andrew under our Privy Seal in the absence of our Great Seal the 30th of July in the year of Grace 1340. Hereupon Philip of Valois 5 Ib. Avesh ut supra p. 91. c. 33. Philip of Valois brought a great Army into the Field but dare not fight The English burn and destroy 300 Cities Towns and Villages And kill a vast number of French of all sorts Both Armies in great want of Forage and Victuals brought a very great Army into the Field as was thought to raise the Siege but he kept at such a distance off the English Army being afraid as says the Historian to engage them that he could not be provoked to fight tho the Earl of Haynault the Lord Walter Manny and Reginald de Cobham the King's Marshal and other Officers of the Army were sent with Parties from the Siege who wasted the Country destroy'd and burnt three hundred Cities Towns and Villages within six Leagues round Tournay and killed of the French Fourteen Barons Sixscore Knights and more then Three hundred Men at Arms. At last both Armies being very numerous and in great distress for want of Forage and Victuals and the King of England especially in very great want of Money the Two Kings consented to a Treaty of Truce until Midsummer next following 6 Ib. p. 91. b. c. 34. The King of England in great want of Money Commissioners on both sides to Treat of a Truce The Commissioners for the King of England were the Duke of Brabant the Duke of Guelderland the Marquiss of Juliers and Monsieur John de Haynault Lord of Beaumont Those for the King of France were John King of Bohemia and Earl of Luxenburgh Adulph Bishop of Liege Raoul Duke of Lorrain Ame Earl of Savoye and John Earl of Arminiac who concluded a Truce between the Two Kings their Aidants and Allies 7 Ibm. upon the ensuing Articles 1. That no prejudice or injury be done by either Party to the The Articles of the Truce other during the Truce and Respite 2. It was agreed That the Two Kings their Aidants and Allies whosever they were should remain in the same possession and seizin they were in at that time of all their Goods Lands and Possessions they held or had acquir'd any manner of way during the Truce 3. It was agreed That during the Truce the Kings their Assistants and Allies whoever they were might safely go out of one Country into another and the Merchants with all manner of Merchandise and all other People with their Goods might go and come as well by Land as Sea and Water as freely as they used to do at other times paying their Passage Money Tolls and Customs as anciently due The Barons and others of Gascoigny in the Dutchy of Guien to be comprised in this Article 4. It was agreed That neither of the Kings should procure or cause to be procured by themselves or
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
name of a Statute as being prejudicial and contrary to the Laws and Vsages of the Kingdom and the Rights and Prerogatives of the King But for that there are some Articles in the same Statute which are reasonable and agreeable to Law as in the Revocation in print 't is agreed by the King and his Council that those Articles and others accorded in this present Parliament shall be made into a new Statute by the advice of Justices and other Sages which shall be perpetual The Necessitous Condition of the King's Affairs requiring 20000 20000 Sacks of Wooll to be Transported Sacks of Wooll to be 5 Rot. Parl. 15 E. III. n. 45. transported before Michaelmas next coming it was provided That no Man before that time should send over Sea any Wooll on pain of thrice the value and loss of Life and Member How this Arch-Bishop was prohibited and kept from entring in at the Door of the Painted Chamber where the Parliament sate by Two Serjeants at Arms placed there by the King we have it in Birchington the Monk of Canterbury 6 Hist Sacr. vol. 1. f. 39 40. The Arch-Bishop not permitted to enter the Painted Chamber where the Lords sate in Parlement in his Life On Saturday the Feast of St. Vital or 28th of April being the sixth day of the Parliament he came to Westminster and to the Door of the Painted Chamber The Serjeants told him they could not permit him to go in To whom he said the King called him to Parliament by his Writ That he was after the King the greatest and ought to have the first Voice ego sum major post Regem primam vocem habere debens That he challenged the Rights of his Church of Canterbury and demanded entrance into the Chamber but the Serjeants expresly denied it to him and to the Bishops of London and Chichester who were with him Then advancing his Cross he told them That he would not depart from that place until the King should command him at length staying there the Ea 〈…〉 of Northampton and Salisbury coming out he desired them to acquaint the King with what had been done and that they would request him in his Name to preserve the Right of the Church of Canterbury At last with his Fellow Bishops and the Bishop of At last he was permitted to enter Ely he was admitted into the Chamber where Treating with the Prelates and Peers of the Land the King withdrew On Thursday following being the 3d of May in full Parliament he with Ten Bishops Eight Earls Four Abbots Eight Barons all And admitted to favour by the supplication of Great Men. there named the King's Chamberlain John Darcy Bartholomew Burghersh the Mayor of London the Barons of the Cinque-Ports and Knights of the Community of England ac militibus communitatis Angliae appeared before the King and supplicated him for the Arch-Bishop who admitted him into favour but did not then as Birchinton affirms excuse him wholly from his Crimes as is clear from the Parliament Records above cited Not long after the Dissolution of this Parliament Lewis the Emperor 7 Append. n. 90. wrote to King Edward That Philip King of France had given him Authority by his Letters to Mediate a Peace between The Emperor by Letter offers his Mediation of a Peace with France them which tho incumber'd with many and weighty Affairs he was willing to undertake it being very expedient for and advantageous to himself Kingdom and Allies if he would give him like Power by his Letters to Treat of and make a Peace or Truce for a year or two Nor as he says ought the Friendship enter'd into and contracted between him and Philip King of France move King Edward for since he had made Truce and Agreement meaning the Truce at Tournay with Philip without his knowledge will or assent by advice of his Princes who knew his Leagues Agreements and Unions to whom it seemed he might with Honour make Agreement and Friendship with the King of France he had contracted and enter'd into Union with him And for the Causes before noted he revoked his Commission by which he had made him Vicar of the Empire yet certainly letting him know that in his Mediation and Treaties he would provide for him like a Brother and if he would acquiesce in his Advice his Cause should be brought to a good end by his assistance And for his further intimation he sent to him one of his Chaplains who he desired might speedily be sent back These Letters were dated at Francfort June the 24th To which Letter King Edward sent his Answer 8 Append. n. 91. That he had received it with Respect and then reciting the chief Contents King Edward by his Letter refuseth to accept it of it commends his Zeal for making an Agreement between him and Philip of Valois giving him notice That he always wish't for a reasonable Peace with him which he had prosecuted as much as he could with Justice and that he then desired such a Peace as he wished for might be procured at the instance of so great a Mediatour But because he knew his Right in the Kingdom of France to be sufficiently clear he would not by his Letters commit it to a doubtful Arbitration or Judgment much wondring he should join with Philip that had done him such notorious injury when seeing the evident Justice he had for his Demands and Philip's obstinacy in not complying with them he had for that reason enter'd into a League with him And as to what was said That he without his knowledge or assent had made â— Truce and entred into a Treaty of Peace with Philip considering the Circumstances of the Fact it ought not rationally to have moved him because at that time he besieged Tournay and ought to follow the advice of those that were with him and gave him their assistance Considering also that Winter was coming on and the distance between them he could not be permitted to consult him And further he put him in mind That he had granted that when he had opportunity he might Treat without his knowledge but so as not to make a final Peace with Philip without his consent which he never intended to do It seemed also to some that the Revocation of the Vicarship was too suddenly done when as according to the Agreement by the heighth of Imperial Power made with him it ought not to have been done until he had obtained the Kingdom of France or the greatest part of it Dated at London the 18th day of July in the second year of his Reign over France and over England the Fifteenth After the Truce at the Siege of Tournay 9 Frâ—issard â— 1. c. 64. The Duke of Bretagne dies John Duke of Bretagne who had served the King of France in his Army in the way toward his own Country fell sick and died without Issue After his death there arose a controversie between
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
D. 1334. the Writs for a Parlement King on the 20th of April issued his Writs for a Parlement to meet on Monday next after the Octaves of Holy Trinity or 7th of June that Year The next Day the Names of the Lords were read and examined 2 Rot. Parl. 18 Ed. III â— 5. before the King in Parlement item soient les nouns des Seigneurs c. to see who were come who not and the Names of those who were not come were given to the King in Writing that he might order such Punishment as The absent Lords to be punished at the King's Pleasure The cause of Summons declared he pleased pour ordainer lieu punissement come lui plerra On Thursday the Chancellor declared the Causes of Summons to be concerning the Truce made in Bretagne and the Breach thereof in seven Articles and begins 3 Ibm. n. 6. thus Seigneurs en les Trewes prises accordez affermez par serement en Bretaigne entre autres pointz c. Lords in the Truce made agreed and confirmed by Oath in Bretagne amongst other Articles it was agreed 1. That the Truce should be kept in Bretagne between the Kings and their Adherents entre les Rois lour Adherantz notwithstanding the Right they both claimed in the Dutchy 2. Also That none who were under the Obedience of one of the Kings en obedience dun des Rois should come under the Obedience of the other King del autre Roi during the Truce 3. That there be no renewing of Injuries against one part or other in prejudice of the Truce while it continues 4. Also That the said Lords their Adjutors and Coadjutors and Allies whatever they be do remain in such Possession and such Seisin as then they had of all their Benefices Lands and Possessions des toux lour benefitz terres possessions which they held or had any ways obtained during the Truce 5. Also That what was promised to the Earl of Montfort before and within the City of Vannes might be performed 6. Also If any one in Gascoigne or otherwhere continuing the Truce move War against their Neighbour or Enemy who shall be in the Interest of either Party then the said Kings ought not to meddle in it by themselves or others directly or indirectly que le ditz Rois ne se devient mellez par eux ne par autre droitement ne noun droitement 7. That to none of either Party shall any Gift or Promise be made directly or indirectly to make War during the Truce And against these Articles several things have been done 4 Ibm. Things done against the Truce as the King's Council have been informed par ascunes de Bretaigne by some of Bretagne First That some of the Allies of him that calls himself the King of France have taken and imprisoned many Men at Arms of the Allies of our King and some they sent into France to remain in Prison there during the Pleasure of the King's Adversary Also the said Adversary caused many Knights Esquires and other Persons of Bretagne Chevaliers Esquiers autres gentz who were known to be in the Legiance and Obedience of our King before the Truce made and were comprised in it and ought to have been protected by it to be carried to Paris and there put to death against the Assent and Decree of the Members and others of his Counsel in his Parlement and some he caused to be murdered in their own Country falsly and maliciously against the said Truce and against his Oath And the said Adversary sent Men at Arms and Foot to a great number into Gascoigne and Bretagne who after the Truce made took Castles Towns Mannoros and Fortlets and seized Lands and Possessions being in the Possession and Obedience of our King esteantz en la possession en obedience de nostre Seigneur le Roi at the time of the Truce made in which amongst other things it is contained That no new thing should be attempted during the Truce es queâ—oc entre autres choses est contenuez que rien serroit attemptez de novell durantes mesmes les Trewes And further 5 the said Adversary endeavours by all ways he can or knows to take and seize all the Lands and Possessions which our King hath beyond Sea and to procure his Allies in Brabant Flanders and Almain or Germany to leave him and hath a firm purpose as our King and Council have certainly been informed or have understood to destroy the English Language and to possess England which God forbid if a forcible Remedy be not applied to his Malice si est il inferme propos a ce que nostre Seigneur le Roi son conseil ont intenduz en certeyn a destruire la Lange Englois c. On the other side dautre part the 6 Ibm. Scots who are the said Adversaries Allies have openly declared That when he gives them notice they will not observe or regard the Truce but march into England and do what Mischief they can Wherefore the King 7 Ibm. prays and charges pur quoi nostre Seigneur le Roi pria chargea les Prelates c. the Prelates Earls Barons and Commons That these things considered they would give him such Advice and Assistance as was necessary for the saving his and their own Rights and Honour Which things being 8 Ibm. n. 7. recited by the Arch-Bishop les Prelates Counts Barons les autres des Commons prierent c. the Prelates Earls Barons and others of the Commons pray That they may deliberate till Monday next following And from that Monday 9 Ibm. n. 8. because they had not then fully deliberated they pray till Wednesday the Vigil or Eve of St. John Baptist upon which day the Arch-Bishop and Ten other Bishops Five Abbots Two Priors Eight Earls Six Barons all there named and the Commons of the Realm assembled in the White Chamber les Commons du Roialme assemblez en la Chambre blanche c. in the presence of the King having regard to the great Mischiefs and Dangers which may come to the King and all his Subjects and Allies if the Malice of his Adversary was not stopt and considering the great Charges which the Great Men and the Commons of England had been at and suffered by reason of the War continuing so long by false Truces and Sufferances and seeing openly that an end of the War or so good a Peace The Parlement prays the King to make an end of the War by Battel or Peace as ought to be cannot be made without great force of Men and great Power they pray the King with one Assent and every particular Person of the Great Men for himself si prierent touz dun assent chescune singulere persone de Grantz a par lui c. that he would make an end of the War either by Battel or by a convenient Peace if it might
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
2 Ibm. This Ordinance was Dated at Boys de Vincens the 23d Day of March 1338. and says Avesbury 3 p. 107. a. c. 53. it was found in Caen when it was taken and delivered to the Arch-Bishop of Canterbury that he might excite the Clergy and Laity ut per hoc excitaret clerum populum to pray more willingly for Peace and the King After these things had been declared and expounded 4 Rot. Parl. ut supra in Parlement they all thanked God for the Success he had given the King against his Adversary and said That whatever had been given him had been well employed and that they would further Aid him according to their Power The Knights Citizens and Burgesses desired time to consider of the Aid until Thursday An Aid granted next following when they granted him Two Fifteenths making grievous Complaints of Oppressions and Poverty in the Grant 5 Ibm. n. 11. The Commons Complaints and Grievances praying the King to think how they had been annually charged with Tallages as Fifteenths Wooll Ninths Men at Arms Hobelors Archers Victuals Guard of the Sea-Coasts and many other Taxes by which they were almost ruined And also in the last Parlement when they granted Two Fifteenths for the ending of the War it was granted and certainly promised to them grantes lour fust certeinment promis en le dit Parlement they should not be charged or grieved with Payments or Tallages Wherefore it seemed to them reasonable they ought now to be discharged and excused And notwithstanding these Grants and Promises there daily issued Commissions to Array in all Parts of England Men at Arms Hobelors and Archers according to the Value of their Lands or to make Composition therefore They likewise complained of Purveyance and Free Quarter and of the Custom and Subsidy of Forty Shillings the Sack upon Wooll 6 Ibm. Which Grievances Hardships and Oppressions les queux Grievances Duretees Oppressions were done and suffered every day without Assent or Grant in Parlement sanz Assent ou Grant en Parlement expresly against * See Rot. Parl. 14 Ed. III. Part 1. n. 8 9. Pulton's Stat. 14 Ed. III. c. 1. Record Yet notwithstanding these Oppressions and Grievances the Commons to the utmost of their Abilities granted Two Fifteenths for the final Accomplishment of the War by Gods Help and Destruction of his Enemies to be levied in two Years of Cities Burghs and ancient Demeasns as also of the Commons of the Counties so as 7 Ibm. their Petitions upon these Grievances and others might be recited on the morrow in Parlement and have speedy and good Remedy ordered sur ce hastive bon remedie ordeigner for the Common Profit of the Land according as the King 's Four Commissioners or Messengers had granted on his behalf to the Commons The first Petition of the Commons was 8 The Commons Petitions n. 10. That the Ordinances Promises and Grants made in Parlement for the future might be observed for the Ease of the Commons against the great Charges and Hardships they had felt and suffered Also That Commissions might not be issued out of Chancery to charge the People with the Array of Men at Arms Hobelors Archers or Victuals without Assent or Grant in Parlement and if any such were the People should neither be charged with nor bound to obey them The Answer was as to the first Point 9 Ibm. Râ— The King's Answer to the Commons Petitions That it should be as they desired As to the second it was notorious that the Great Men and Commons les Grantz Comunes in many Parlements had promised the King to assist him to their utmost in Body and Goods en corps avoir e quant qils poant in his Quarrel with France and for the Defence and Safety of England Wherefore the Great Men 1 Ibm pur quoi les ditz Grantz veantz la necessite nostre Seigneur le Roi seeing his Necessity to be supplied with such Men before his Passage to recover his Rights beyond Sea and for the Defence of England had ordered That those who had an Hundred Shillings a year Rent on this side Trent should find Men at Arms Hobelors and Archers according to the quantity of their Estate and Tenure to go with the King at his Wages or if they would not go in Person to find others or if not that to pay the King what he could procure Men for And so things were and had been done and no otherwise And the King would not that what was done in this Necessity should be made an Example for the future as appeared by his Letters Patents Another Petition of the Commons 2 Commons Petitions n. 18. was That the Forty Shillings a Sack upon Wooll might not be collected but only the old Custom paid To this the Answer 3 Ibm. The King's Answer was That the Prelates and others seeing the King's Necessity before his Passage beyond Sea to recover his Rights and defend his own Nation agreed by Consent of the Merchants he should have the Subsidy of Forty Shillings on every Sack of Wooll that passed beyond Sea for two Years and that several Merchants had advanced Money upon that Grant to the King for the carrying on the War And therefore it could not be annulled without the Assent of the King and his said Great Men de ses ditz Grantz While King Edward was doing these great things in France and was before Calais there came an account from the Earl of Derby in Gascony That the Duke 4 Aves p. 110. c. 56. The Earl of Derby's Success in Gascony of Normandy and the French had in great haste raised the Siege of Aguillon on Sunday before St. Bartholomew and went off in such haste as they left their Tents and most of their Baggage behind them That he had taken many Towns and Castles of Force and Value in that Country and put it into good Order and then marched into Poictou took Poictiers and settled that Country and thence came back to Burdeaux from whence he came to England and was at London on the Feast of St. Hillary or 13th of January The Success against the Scots was likewise considerable this Year 5 Ib. p. 111. a c. 57. The Scots invade England with a great Army David their King being excited by Philip of Valois invaded England with a great Army and marched as far as Durham near which place the Arch-Bishop of York Henry Piercy Ralph Nevill and other Great Men of the Northern Parts with such an Army as they had then raised met him and gave the The Battel of Nevill's Cross Scots Battel on St. Luke's Eve or 17th of October at Nevill's Cross near Durham where they obtained a very memorable Victory killing the Earls of Morave and Strathern and the Flower of the David King of Scots taken Prisoner Scots Militia and Men at Arms taking King David
Governor of St. Omers 8 Froysard lib. 1. c. 150. made a Bargain with Sir Amery de Pavy an Italian or Lumbard 9 Du Chesne £ 669. C. D. and f. 670. A B. The betraying of Calais Governor of Calais for 20000 Crowns to betray the Town to him of which King Edward having notice came privately thither the night or very evening the delivery was agreed on with the Prince of Wales and several Earls and Barons and lodged himself in the Castle to secure it with the Men he brought with him The Money was brought and paid and Twelâ—e Knights and an Hundred Men at Arms were let into the Castle who were all Prevented by the King and Prince of Wales made Prisoners by the King's Guards within it who lay undiscovered Sir Geofrey was under the Town with a considerable Force placed near two Gates ready to enter it when they should be opened But the mean time the Prince of Wales went forth at one Gate and the King at the other concealed under the Banner of Sir Walter Manny and fought on Foot among the common Soldiers and was engaged with the Lord Eustace of Rybemont a valiant Person who struck the King twice to his Knees yet at last Many Frenchmen of Note made Prisoners was overcome by him and made his Prisoner with Sir Geofrey de Charny and many other Frenchmen of Note The Prince likewise prevailing against the Party he engaged with and there were slain and drowned about 600 French who were double the number to the English that sallied out of Calais upon them The very evening of this day 1 Froysard c. 152. The King Treats the Prisoners and his own Nobility with a Supper the King ordered a great Supper to be provided as well for the Prisoners as his own Nobility and coming in amongst them took a Chaplet of Pearls from his own Head and placed it upon the Head of Sir Eustace of Rybemont as one that had deserved best of all Men in the Morning Action and forgave him his Ransom Froysard says this Action was done upon the 31st of December 1348 the 22d of Edward the Third and Walsingham placeth it in the year 1349 which was in the same year of the King but the difference is inconsiderable for they both begin the year on the first of January And Walsingham following Robert de Avesbury reports it to have been on the 2d of January which was indeed according to this Account in the year of our Lord 1349. The King discharged 2 Rot. Fran. 22 Edw. III. M. 1. Sir Amery de Pavy of the Government of the Town and put in Sir John Beauchamp This year the Plague first began in Dorsetshire about the first A great Plague in England of August and spread it self all over the Nation and continued until Michaelmass twelvemonth after it was so great in both years as a 3 Rot. Clause 22 Edw. III. Part 2. M. 7. Dors Parlement being summoned it was twice prorogued 4 Ib. M. 3. Dors Rot. Clause 23 E. III. Part 1. M. 19. Dors for that reason and at last respited and deferred until new Summons This was a general and horrid Plague it began in the Kingdom of Cathay A. D. 1346 by a most horrible stinking Vapour which broke out of the Earth like a Subterraneal Fire and consumed a great part of the Country and infested the Air. 5 Mezeray f. 369. From Cathay it passed into Asia and Greece from thence into Africa and afterwards into Europe and so into France and England By reason of this Plague there is scarce any thing remarkable reported to have been done in the last year thereof 1349 in either Kingdom which was the 23d of Edward the Third Yet Mr. Ashmole 6 F. 185. c. 5. Sect. 3. The Institution of the Order of the Garter in his Institution Laws and Ceremonies of the most Noble Order of the Garter would fix the Institution of the Order this year and seems to assert That the first great Feast of St. George was this year celebrated which is scarce probable for the Writ by which the Parlement that was to meet fifteen days after Easter 7 Rot. Clause 23 Edw. III. Part 1. M. 19. Dors was prorogued until new Summons because of the Raging Pestilence in the Nation is dated March the 10th preceding Easter-Day this year falling on the 9th of April and the Quinden or fifteenth of Easter being the 23d or St. George's-Day it cannot be thought that this great Solemnity to which the King sent his Heralds into Germany France Scotland Burgundy Haynault Flanders and Brabant to invite all Knights and Esquires to come and shew their Military Skill and Valour in all kinds of Feats of Arms when the Parlement was put off from meeting on that day until new Summons by reason of the Mortal Pestilence then raging as 't is expressed in Writ However this famous Order might then be instituted the Modal of it contrived and the Statutes made to adorn Martial Virtue and to increase and confirm Faith Honour and Courage in the minds of the Nobility which were then the true Endowments Practice and Badges of Military Men by the observation and performance whereof they truly acquired a great Name and Reputation as the only Men of Trust and Fidelity and not to do Honourably Justly Stoutly and Faithfully was by them esteemed the greatest Blemish Villany shame and Dishonour imaginable Of this glorious Order I shall write nothing further but leave the Reader to the perusal of the Excellent Laborious and Learned Work of Mr. Ashmole The next year 8 Avesbury p. 120. 〈…〉 74. A. D. 1350. Sir Thomas Dagworth slain Sir Thomas Dagworth the King's Lieutenant in Bretagne with a small number as he was used to do in the month of July going from place to place to visit the Garrisons was surpised by an Ambush of French and after a brave Defence killed as were most with him or made Prisoners In August following about the Feast of St. Laurence or 10th of that month 9 Ib. c. 75. as Avesbury or according to 1 F. 370. Philip King of France diâ—â— his Son John Crowned Mezeray on the 22d thereof Philip King of France died and his Eldest Son John was Crowned at Rheimes on the 26th of September following Walsingham f. 170. n. 50. falsely as appears from the Parlement Rolls hereafter cited placeth the death of King Philip in A. D. 1355 and 29th of Edward the Third The Spaniards 2 Avesbury ut supra c. 76 77. The Spaniards take many English Their Fleet beaten by the English the year before came toward Burdeaux with a great Fleet of Ships and took many English Ships coming from thence laden with Wine and killed all the Men. And this year they came upon the English Coast The King suspecting it was to waste burn and rob the Country near the Shore fitted out a Fleet taking with
Adversary ove les Deputes son dit adversari in presence of a Cardinal which the Pope sent thither as a Mediator and after this Treaty had sent his Confessor to the Pope to let him know That considering the many People had been killed in this War and desiring to spend part of his time in another War to the greater Pleasure and Honour of God if his Adversary would make restitution of the Dutchy of Guyen to him as intirely as any of his Ancestors had enjoyed it to hold it freely without Homage or Service he would be willing after the end of the War to resign the Crown of France That the Pope had been farther K. Edw. upon Terms would have quitted his Title to the Crown of France addressed to privately to search out his Adversaries Inclinations toward another Treaty with Protestation That if he should not accept it all his Rights should be entirely saved to him as if no Offer had been made of which the King not having received any Account from the Pope he sent his Clerc Master William de Witlesey Arch-Deacon of Huntington to know what had been done in this Affair who brought back nothing to any purpose 1 Ibm. Wherefore it seemed convenient to the King the Great Men and his Council That he should prepare himself for War against his Adversary as well for the Defence of England as to recover his Rights for which he ought to have a great Sum of Money 2 Ibm. And the said Chamberlain shew them further That the Subsidy of Wooll Leather and Woollfels ended at Michaelmas last past That it was not the King's Intention to lay any Tax or other Charge upon his People but he requested the Prelates Great Men and his Commons to grant him the Subsidy of Wooll Leather The Subsidy of Wooll c. granted for 3 years and Woollfels for some time mes il prie as Prelates Grauntz ses Comunes qils lui veullent Granter le Subside des Leines Quirrs peaux lanus pur un temps Upon which Request and Deliberation had between the said Prelates Great Men and Commons they unanimously agreed and granted the King the Subsidy of Wooll c. to receive it as it had been taken formerly for three Years from Michaelmas last past if the War held so long sur queu priere ene deliberation entre les ditz Prelatz Grantz Comunes sassenteront unement granterent au Roi le Subsidi des leines quirrs peaux lanuz c. upon Condition that the Money arising from this Subsidy should be safely kept for the War and not to be employed to any other Use This Year after Christmas 3 Aves p. 122. b. c. 84. Charles of Blois set at liberty for a great Sum of Money Charles of Blois who took upon him the Title of Duke of Britan and had been Prisoner in England a long time by the Mediation of the Great Men of that Country upon certain Conditions and Promises of a great Sum of Money was released for the Payment whereof two Sons and a Daughter were sent into England as Hostages King Edward continued his Inclinations to Peace 4 Rot. Parl. 28 Ed. III. n. 58. K. Edw. continues his Inclinations for Peace St Mark was on Easter Tuesday Easter-day this year being Apr. 23. which were declared by Monsieur Bartholomew de Burghersh to the Great Men and Commons a les Grantz Comunes in the Parlement holden next Year on Monday after the Feast of St. Mark signifying to them that there was great hopes of Peace by Treaty between Commissioners on both Parts Yet the King would not conclude any thing without the Assent of the Great Men and his Commons sanz assent des Grantz de ses Comunes wherefore he demanded of them on behalf of the King Whether they would Assent and Agree to Peace if it might be had by Treaty To which the Commons answered with one accord That what Issue it should please the King and Great Men to take of the Treaty should be agreeable to them a quoi 5 Ibm. les Comunes dun assent dun accord responderent que quel Issue que pluist a Seigneur le Roy les Grantz de prendre du dit Tretee feust agreable a eux Then the Commons were asked again If they would Assent to a perpetual Peace if it might be had who all entirely answered Oil Oil Yes Yes Whereupon Master Michael Northburgh Keeper of the Privy Seal Commanded Sir John de Swyneley the Pope's Notary Tâ—at he should make thereof a Publick Instrument Not long after this Parlement 6 Aves p. 123. b. c 89. A Peace concluded The Peace to be confirmed by the Pope by a Second Treaty a Peace was concluded upon the Terms King Edward had sent to the Pope the Year before And it was agreed That for the Pope's Confirmation of this Peace there were Messengers to be sent by both King 's to the Roman Court and at the same time a Truce was 7 Ibm. made until the Feast of St. John Baptist which was to be in the Year following About Christmas 8 Ibm. The King's Envoys to the Pope for that purpose The French Envoys before the Pope deny the Articles of the Peace Henry Duke of Lancaster John Earl of Arundel William Bishop of Norwich and Michael Bishop of London went to the Roman Court in behalf of King Edward by whom the Articles of Peace were recited before the Pope in the Presence of the French Envoys who denied the Form of the Articles and said their had been no such Agreement and that they would not consent to them And the English Envoys returned not having done any thing for what they were sent except William Bateman Bishop of Norwich who died and was Honourable interred at Avignion After the Expiration of the Time of Truce King Edward on the 20th of September 9 Rot. Claus 29 Ed. III. M. 8. Dors A Parlement summoned issued his Writs for a Parlement to be holden on the morrow after the Feast of St. Martin being Thursday the 12th of October when 1 Rot. Parl 29 Ed. III. n. 1. The cause of Summons declared it was continued because the Lords were not come until Wednesday next following the 18th of October On which Wednesday Sir Walter de Manny declared the cause of Summons as knowing the whole matter of it which was as follows in part much according to the Relation of Avesbury 2 Ibm. n. 4 5 6 7 8 9. That the King had lately sent Commissioners to Calais to Treat about a Peace with the Commissioners of his Adversary of France in the Presence of the Cardinal of Bologne sent by the Pope That several Points had been agreed and that according to the Agreement he had sent the Duke of Lancaster and others his Ambassadors to the Court of Rome to perfect and finish the Peace before the Pope but without
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
with King Edward's Renunciation according to the 11th and 12th Articles of the Peace of Bretigny which are inserted in it as also King John's Letter of Renunciation of the same Tenor both dated at Calais October 24 the Attestation bearing date the 25th of the same month at the same place King John's 6 Append. n. 94. Oath for the performance of the Treaty in many Articles worth notice dated at Calais the 24th of October 1360. Articles of the Peace and Treaty at Bretigny confirmed by King John as they were Corrected at Calais dated at Bologne the the 26th of October Par le Roy J. Math. This Instrument is much torn and the Seal gone but there remains some Red and Green Silk by which it hung The King of France his Letter or Chart That he will perform all the Articles of the Treaty of Bretigny as they were Corrected at Calais as also all Renunciations Covenants c. contained in one special Deed Letter or Writing between the Two Kings dated at Bologne October 26. with his Seal hanging at it with Red and Green Silk twisted Par le Roy J. Math. Articles of the Treaty and Peace of Bretigny confirmed by King John and his Son Charles without Correction both dated at Bologne October 26. 1360. Par Monsieur le Duc with his Seal of Green Wax hanging to them The last Clause whereof runs thus And many Articles of the said Accord having been afterwards Corrected at Calais in certain manners for that the Renunciations which were to be made by one Party and the other according to the said Treaty were not made purely and simply we being at Calais that is Prisoner and not in his own Power We make it known That we will agree and are pleased that afterwards the Cessions Renunciations Transports and Releases shall be made by one Party and the other and sent and delivered at Bruges as it is contained in Letters made about this Matter sealed with the Seals of us and our Brother that the same Articles as they were passed and agreed at Bretigny and as they are above recited shall be given and delivered to our said Brother sealed with our Seal and the Seal of our most Dear Eldest Son Charles Duke of Normandy and Dauphin of Vienne And this we promise to give and deliver at Bruges one year after the Feast of St. Andrew next coming that is on St. Andrews-Day 1361. in case that our said Brother shall send us the Renunciations which he is to make on his part and deliver them to us or our People at the place aforesaid as also Letters of the Tenors of the said Treaty and others sealed with his Seal and with the Seal of our Nephew his Son and we will that the things abovesaid done and accomplished as abovesaid the said Articles as above incorporated in this Instrument shall remain in force and have the same effect for one Party and the other as if they had not been Corrected And we promise truely in good Faith and Swear without Deceit to keep observe and accomplish without fraud what is abovesaid In Witness whereof we have put to our Seal to these Letters Given at Bologne upon the Sea the 26th of October in the year of Grace 1360. And then follows his Son's Confirmation And we will with all our Power observe and accomplish all that our Lord and Father hath promised and covenanted engageing truely and in good Faith and have Sworn and do Swear upon the holy Body of Jesus Christ to hold and accomplish as much as shall or may concern us all and every of the things as written in the Letters above according to the Manner and Form therein comprised without doing or causing to be done any thing to the contrary in any manner for the time to come In Witness whereof we have caused our Seal to be put to these present Letters Given at Bologn the 26th day of October in the year of Grace 1360. Par Monsieur le Duc N. de Vienes Charles Eldest Son to the King of France and Regent his Confirmation of his Father's Grants in which is contained the Peace and Treaty of Bretigny with the Articles as they had been Corrected at Calais dated at Bologn October 26. 1360. with his Seal hanging at it with Red and Green twisted Silk The great 7 Append. n. 95. Letter or Instrument of Renunciation according to the Treaty of Bretigny of John King of France without Correction of the 7th and 11th Articles which are intirely recited in it the 12th Article being wholly omitted dated at Bologn Octob. 26. 1360. his Seal affixed with Red and Green Silk twisted together and signed Le Roy. Also his Letters of Renunciation with the 11th and 12th Articles of the Treaty of Bretigny intire upon Condition King Edward and his Son made their Renunciations and sent them to the Augustin Friers at Bruges sealed with their Seals on the Feast of St. Andrew in one year after the same Feast next coming dated at Bologne October 26. 1360. with his Seal affixed as above and signed Le Roy. These Letters were to be of no effect if King Edward and his Son sent not their Renunciations to the place and at the time therein expressed Charles Regent of France his Confirmation of these Letters of Renunciation without Correction of Articles and upon the same Conditions dated at Bologn the 26th of October 1360. Par Monsieur le Duc with his Seal hanging at it with Green and Red twisted Silk The King of France his Acknowledgment the King of England had performed his Agreement in setting him free dated at St. Omers the first of November 1360. with his Seal hanging to it as before Par le Roy J. Math. Charles Duke of Normandy King John's Eldest Son his Certificate of the same thing dated at St. Omers Novemb. 2. 1360. Par Monsieur le Duc with his Seal of Red Wax hanging at it by a Parchment Label The Amities 8 Append. n. 96. Alliances and Confederacies between the Two Kings confirmed by the Duke and Regent at Bologn dated October 26. 1360. the Seal affixed with Green and Red twisted Silk And many other Letters and Instruments there are relating to this Treaty and Peace in this Box and scattered up and down the Body of the Chest and more especially particular Letters of Renunciation for every Country Castle City Town Fortress and Place mentioned in the Articles of the Peace which may with others upon many and divers Subjects be published in due time by my Worthy Friend Mr. Rymer These Letters or Instruments seem to be very dissonant and almost contradictory one to another tho dated on the same days and at the same Places some containing the Articles agreed on at Bretigny others as they were Corrected at Calais In like manner the things comprehended in the Letters or Instruments for the accomplishment of this Treaty were to be performed and executed after a quite different Method by some
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
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
to consider and give good Counsel and Advice upon the Points above-said told them they might depart for that Day and come thither again on the morrow At which time 3 Ibm. n. 5. The Commons desire a Committee of Lords to treat with them some of the Commons in Name of the rest went to the Lords and prayed they might have some Bishops Earls and Barons with whom they might treat and confer for the better Issue of the Matter was enjoined them sur la matire que lour estoient enjoynt and desired the Bishops of London Winchester and Bath and Wells the Earls of Arundel March and Salisbury Monsieur Guy Bryan and Monsieur Henry le Scrop And it was agreed they should go to the Commons and Treat with them in the Chamberlain's Chamber And there having been Deliberation between the Great Men and Commons until Tuesday the Eve of St. Andrew on which Day the King Prince Prelates Great Men and Commons being in the White Chamber the Commons Granted les Comunes granteront the King an Aid for the Wars against his Enemies and delivered a Schedule thereof to the King which was read and begins thus Les Seigneurs Comunes Dengleterre ont Grante a nostre Seigneur le Roi en ceste present Parlement la Quinzeine The Grant of a Tax c. The Lords and Commons of England have Granted to the King in this present Parlement a Fifteenth c. The effect of the Grant was Two 15ths to be levied in two Years according to the ancient manner to be paid at the Feasts of the Purification and Penticost If the War ended the first Year the Second 15th not be paid Also Six pence upon every Pound value of Merchandise going out of the Kingdom except upon Woolls Leather and Woollfells Wine c. And of every Ton of Wine Two shillings for two Years upon the same Condition Likewise the Subsidy of Wooll to be received after Michaelmas next coming without Condition for the first Year and under the same Condition for the second These were granted so as no other Charge or Imposition might be upon the People of England for those two Years The Commons prayed what was granted might be spent in maintaining the War and that no Knights of Shires or Esquires Citizens or Burgesses returned for this Parlement might be Collectors of this Tax All things now went backward in France nothing from thence The French Towns and Countries in Aquitan revolt but the loss of Towns and small Countries in Aquitan either by Force or Revolt many voluntarily and by Inclination becoming French and putting themselves under the Obedience of that King The Particulars might swell the History but the knowledge of them at present is not of much moment * Fol. 8â— lin 7. Walsingham says That when the Duke of Lancaster came out of Gascony into England in the 48th of Edward III. about the Month of July all Aquitan revolted from the King of England except Burdeaux and Bayon The Pope in this Posture of Affairs was very sollicitous to procure The Pope mediates a Peace a Peace between the Two Nations and used all Endeavours towards it and oftentimes prayed and required both Kings by his Letters solemn Messengers and lastly by his Nuncio's the Arch-Bishop of Ravenna and Bishop of Carpentras who frequently went backward and forward between both Parties to make them inclinable and condescend to a good Peace and Accord between each other as may be seen in the 4 Rot. Frâ—n 49 Ed III. M. 2. Record of the following Truce both in the Preface of the Commission to John King of Castile and Leon Duke of Lancaster by Edward III. and in the Commission of King Charles of France to his Brother Philip Duke of Burgundy Savoir faisons que come nostre tresseint Pierele Pape eit plusours foitz nous prie requis par ses Lettres fait prier requirer par ses solennes Messagers Darreinment par Reverentz Piers in Dieu l'Ercevesque de Ravenna l'Evesque de Carpentras de incliner condescendre a bon Paix Accord ovesque nostre Adversair so in both Commissions c. The Commission to the Duke of Burgundy bears Date at Paris the first of March 1374. and 11th of King Charles of France and 48th of Edwad III. and that to the Duke of Lancaster was Dated at Westminster June 8. and 49th of Edward III. This 5 Ibm. A Truce in order to a Peace Treaty was managed chiefly by the Two Dukes before the Two Nuncio's and by their Mediation at Bruges in Flanders which produced a General Truce in order to a Peace between the Two Kings their Subjects Friends Allies Aidants and Adherents and for all their Dominions Lands Countries and Places whatsoever 6 Ibm. A. D. 1375. to begin on the 27th of June 1375. the Day of the Date of the Truce in 49th of Edward III. and end the first Day of July 1376. and 50th of Edward III. The Heads of the Articles were these All taking of Persons Fortresses and other Places 7 Ibm. The Heads of the Articles all Pillaging Robberies Burnings and all other Feats of War touz Pilleries Robberies Arceurs tout autre fait de Guerre through all the Realms Lands and Dominions of one Party and the other to cease during the Truce Neither Party to suffer any Subjects or Allies of the other to change their Obedience Subjection or Alliance All Subjects of either Party to remain in the Countries of the other without Arms and to Trade and dispatch all other Business there without Disturbance but not to enter into Castles Fortresses or fortified Towns without Licence Prisoners taken to be released No New Forts to be erected None of the Subjects or Allies of one Party to do Injury to the Subjects or Allies of the other or their Friends by way of Company Robberie or otherwise if they did to be punished so soon as it came to the knowledge of their Lords without Request All Attempts and Injuries to be repaired without delay If the Lands of either Party were invaded by Companions upon Request they were to assist each other in freeing their Countries of them None to demolish the Houses of one Party or the other nor destroy Fruit-Trees If any evil Action Attempt or Enterprize happen it shall not be a Breach of the Truce nor shall War be made therefore This Truce was Sealed by the Two Dukes and Pope's Nuncio's at Bruges on the 27th of June 1375. There were certain 8 Ibm. Mutations Declarations and Modifications made by way of Supplement in reference to this Truce by the Pope's Nuncio's of the same Date namely That Henry King of Castile the Bastard and the Lands he held should be comprized in the Truce That the Duke of Bretagne should in like manner be comprized in it That War should cease there and the King of England and Duke to remove their Forces out
the Pope under his Great Seal and the Peers and Great Men of the Land under their Seals That he would cease from putting these Burthens upon the Nation and revoke what he had done And if any of the Peers or Great Men would not Seal such a Letter the Commons would not hold him a Well-wisher to the King's Profit or theirs And in case the Pope should not comply with what was desired they pray the King to encourage and maintain such as should and would endeavour to remove this Burthen and put such out of his Protection as would not They also pray him to Command all the Peers and Great Men of the Land to stay at this Parlement quietly until these things should be perfected and sealed as above Et la Comune pri a nostre Seigneur le Roy qil voille comander as touz les Piers Grantz de la Terre qils demoergent en pees a le Parlement tanque ceste choses soient perfaites enseales sicome desus est dit And for the great Damage that might happen in the mean time he would please to grant his Prohibitions to the Ministers and Proctors of the Great Bishops not to meddle in this matter until the Pope had wrote back his Pleasure The 8 Ibm. Ro. Answer to this was That the King understood the Mischief and would that the Great Men and Commons should order Remedy and Amendment and he would agree to it voet que entre les Grantz les Comunes soit ordeigner Remedie Amendment il sacorder And also the King would and agreed That Letters should be wrote to the Pope about this matter as well by himself as also by the Great Men and by the Commons And 9 Ibm. n. 10. then the Earls Barons and other Nobles and the whole Communalty of the Realm puis fu prier a nostre Seigneur le Roy en ce Parlement par Counts Barons autres Nobles tote la Comunalte du Roialme prayed the King That for to avoid and set aside the Damages Grievance and Oppression of the People and Holy Church of England de Seint Eglise d'Angleterre which were done there by the Reservations and Provisions of the Court of Rome par Provisions Reservations de la Court de Rome as well of Benefices as of First-Fruits and by Impositions of Tenths and other Burthens in Disheriting as well the King and his Crown as the said Earls Barons and other Nobles he would please to command to be considered certain Petitions of the Earls Barons and Commons of the Realm in the time of his Grandfather in his Parlement holden at Carlisle in the 35th Year of his Reign and also the Agreement and Judgment made upon them in that Parlement Their Prayer was granted and search was ordered to be made in the Rolls and Remembrances of the said Parlement where amongst other things it was found That upon the shewing of the Earls Barons and Commons their Petitions The Statute of Provisors made at Carlisle Ed. I. That Holy Church in this Nation had been founded in the State of Prelacy by his Grandfather and his Progenitors the Earls Barons and their Antecestors to inform the People in the Holy Faith and for Prayers Alms and Hospitality to be made done and kept in the Places where the Churches were founded for the Souls of the Founders and their Heirs and all Christians And that certain Possessions and Lands in Fee and Advowsons to a very great Value were assigned to the Arch-Bishops Bishops Abbots Priors and other Houses of Religion by your said Grandfather and his Progenitors Earls Barons and other Great Men of the Realm and their Ancestors and that they in the time of Vacancy of such Prelacies and Houses as Lords and Advowees or Patrons had and ought to have the Presentments and Collations of all manner of Benefices of the Advowry or Patronage of such Prelates to give them to Englishmen * Writ of the King's Council who had Great Place with his Grandfather and the Great Men abovesaid for their Knowledge and Advice when they had occasion to make use of them And that the Pope that then was had appropriated to himself the Gifts of such Possessions and Benefices by his Provisions and Reservations and gave and granted Dignities Prebendaries and Churches to such as never Resided in England and to Cardinals and others as well Strangers as Englishmen which could not Reside here as if he had been true Patron and Advowee of Right as he was not For which things if they should be suffered within a short time there would be no Benefice in the Gift of such Prelates but by such Provisions would be in the Hands of Strangers contrary to the Will and Intent of the Founders and so the Elections of Arch-Bishops and Bishops would fail Prayers Hospitalities and Alms which ought to be performed would cease and his Grandfather and other Lay Patrons in times of vacancy would lose their Presentments and Collations and the said Council would * For want of Bishops and able Dignified Persons of his own Nation of which then the King's Council mostly consisted perish and the Goods of the Nation in a great measure carried out of the Kingdom to the undoing of the State of the Holy Church of England de seinte Esglise Dengleterre and the Disinheriting of his Grandfather and his Crown des autres Nobles du dit Roialme and of other Nobles of the Realm and in Offence and Destruction of the Laws and Rights of the Kingdom to the greatest Damage and Oppression of the People and Subversion of the State of the whole Nation contrary to the Will and Ordinance of the first Founders By the Assent of the Earls Barons Nobles and Commonalty considering intirely the Errors and Damages aforesaid in the said Parlement of Carlisle it was Provided Ordained Decreed and Considered That the forenamed Grievances Oppressions and other Damages and Errors aforesaid from thenceforth should not be suffered to be done in any manner Whereupon the said Grandfather by his Writs forbad all such as it concerned to attempt or do any thing that might turn to the Blemishing of his Royal Dignity or in prejudice of the Nobles or his People and further he commanded all the Sheriffs by his Writs That if by Enquests taken any could be found doing to the contrary they should take their Bodies and bring them safely before him at a certain day to answer as well to him as others that would complain against them and to do further and receive what the Court should award in this Case Wherefore our Lord the King Edward the Third in this present Parlement at the Suit of the Commonalty making Suggestion by their Petition before him and his Council of many Errors Damages and Grievances that many times happened by such Provisions and Reservations as well of Benefices as First Fruits and other things whatsoever Of Impositions of Tenths
and other Burthens by the Pope lately made To the Slander Dishonour and Depression of the whole Church of England and Disinheriting of our Lord the King and his Crown and other Nobles of the Kingdom and in Offence and Destruction of the Laws and Rights thereof and most grievous Damage of his People and Subversion of the State of the whole Realm against the Will of God and the good Design of the Founders of these Benefices and against the Provision Ordinance Accord Decree and Consideration aforesaid made by his Grandfather and and Council and they pray the King he would please to have regard to the Church of England to the Indemnity and Disinheriting of himself the Earls Barons Nobles and Commonalty and Ordain Remedy He by assent of the Earls Barons and Nobles and the Commonalty of his Realm Provided Ordained Accorded Decreed and Considered That as well within the Franchise of the Cinque-Ports as other-where upon the Sea Coasts and thro all the Counties of the Kingdom as well within Franchise as without open Proclamation should be made That none of what Estate or Condition soever he was be he Stranger or Denizen should from henceforward bring or cause to be brought upon grievous forfeiture to the King Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People to deliver to Arch-Bishops Bishops Abbats Priors Earls Barons or any others within the Realm and that none by virtue of such Provisions or Reservations receive Benefices of Holy Church and that none upon the forfeiture aforesaid receive or take such Letters Bulls Process or Instruments touching such Provisions and Reservations nor by reason thereof make Institution or Induction or any other manner of Execution of them and that none do or suffer to be done any other thing that may be prejudicial to the King or his People or Blemish the Rights of his Crown or the Provisions Ordinances Accords Decrees and Consideration beforesaid And also it was further agreed That diligent search should be made in all Places needful for all and every one coming into the Kingdom and that all who shall be taken by such Search or Enquest to be taken or by other Information bringing Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People and all those who by them receive any Benefices and place themselves in or be received into them And also those that by Authority of such Letters Bulls Process Reservations or Instruments shall or do make any Appeals Citations or Process against the Patrons of the Benefices or those they have Presented or any others or shall Prosecute or cause to be Prosecuted in any Court whatever where they have done or procured to be done any thing in prejudice of the King or the Earls Barons Nobles and Commonalty aforesaid or of the Provisions Ordinances Accords Decrees and Consideration and against the Proclamation and Inhibition aforesaid shall be taken and arrested by their Bodies and the Letters Bulls Process and Instruments upon such Provisions and Reservations shall be taken from them or others wherever they are to be found and sent before the King's Council with their Bodies that brought them into England Wales Ireland or the County of Chester or Prosecuted any Execution of them with the Bodies of all others that shall be taken and arrested for the cause abovesaid to take and receive what the Court shall award and that hereupon Writs to that purpose be sent thro the whole Realm According to this Agreement a Proclamation and Writs were issued but without effect for in the Parlement 1 Clause 18 Ed. III. Part 1. M. 14. Dors next year which began Eight days after Holy Trinity the Commons prayed the King 2 Rot. Parl. 18 Ed III. n. 33. That the Provisions Ordinances and Accord made in the Parlement of the 17th year of his Reign concerning the Provisions and Reservations de la Court de Rome of the Court of Rome might be confirmed and made a perpetual Statute It was also 3 Ib. n. 36. ordered That the King present to the Prebends Dignities Churches and Chappels of such as lived in his Enemies Countreys or seize them into his Hands and employ the Profits in Defence of the Land and Holy Church except so much as should maintain the Houses and provide for Divine Service 4 Ib. n. 37. and that any one who should bring any thing prejudicial to this Order from beyond Sea should be taken and carried back again And further That these Writs and Proclamation were of no effect it appears by another 5 Append. n. 99. Proclamation this year directed to the Sheriffs of London in which all these Provisions Ordinances and Agreements are recited and in which it is said further That some Provisors such as had received Benefices c. by the Pope's Provisions as well Strangers as Denizens their Proctors and Messengers not considering the said Provisions Ordinances Concords Decrees Proclamation and Inhibitions nor the Punishments contained in them had brought Letters Bulls Process Reservations and Instruments into the Kingdom prejudicial to the King and his People and had delivered them to Arch-Bishops Bishops Abbats Priors and others as well Denizens as Strangers to be Executed since and contrary to the Proclamation and Inhibition aforesaid and the Arch-Bishops Bishops and others receiving them by virtue thereof admitted and inducted very many Provisors and their Proctors or Substitutes into Benefices which they possessed to the disinheriting and intolerable prejudice of the King his Crown and People against the Form of the Provisions Concords Decrees Considerations Proclamation and Inhibitions aforesaid And you that is the Sheriffs of London have attempted somewhat against that Proclamation and Inhibition and have hitherto neglected to obey our Command therein at which we are much troubled and then he comes to the Inhibition according to the Points of the former Agreement Provision and Ordinance including all those that admitted or inducted any into Benefices according to the Pope's Bulls and Reservations under the greatest Forfeiture that could be made and concludes They should so behave themselves in the Execution of this present Proclamation and Command as he might not have cause to prosecute them as Favourers of his and the Kingdom 's Enemies Witness the King at Westminster the 30th of January in the Eighteenth year of his Reign of England and of France the Fifth By the King and the whole Council In the same manner all the Sheriffs of England received the King's Commands That they put in Execution the Proclamation in their several Counties and Shires and also Bartholomew de Burghersh Constable of Dover Castle and Keeper of the Five Ports In a Parlement holden on the 8th of September in the 20th of his Reign by Leonel his Son Guardian of England 6 Rot. Parl. 20 Ed. III. n. 30. the Commons Petition that the Alien Monks might be made to go out of England before Michaelmass next
to do so Have by the Authority of these Presents fully Reserved it to the Ordinance and Disposition of the Apostolic See Decreeing whatsoever shall be done and by whomsoever knowingly or ignorantly contrary to this Reservation void It may not therefore any way be lawful for any Man to infringe this our Reservation and Constitution or rashly enterprize any thing against it But if any one shall presume to attempt any such thing he shall know that he incurs the Indignation of Almighty God and of his Apostles St. Peter and Paul Dated at Avignion the 18th of March in the first Year of our Pontificate or Popedom in the 9th of Edward II. This Reservation 2 Ibm. was published at the Arches of London on the 30th of March and on the 31st of the same at Rochester before the Monks But they having Chosen their Prior Hamon Heth Bishop the Day before the Date of the Reservation and Provision after three Years Trouble in waiting at Avinion and elsewhere at great Expences the Pope confirmed him in the Bishoprick See the History of this Provision and Reservation in Historia Sacra Vol. 1. fol. 357. In the 50th and 51st Years of this King 3 Wals Hypâ—d Neustr f. 531. n. 10 20. A. D. 1377. John Wyclif John Wyclif Doctor in Divinity by Preaching and Reading at Oxford published many Opinions contrary to those of the then Church and Religion practised here The Pope Gregory XI hearing of it sent his Opinions inclosed in his Letter or Bull Directed 4 Spelm. Concil vol. 2. f 621. to the Arch-Bishop of Canterbury and Bishop of London to examine him and his Opinions and take his Confession concerning them The Pope 5 Ibm. f. 623. wrote another Letter to them That if they found his Opinions to be such as he had inclosed to them then they should keep him in Bonds and safe Custody until they should receive other Commands from him He 6 Ibm. f. 624. wrote likewise a third Bull or Letter to use all Diligence to preserve the King Queen their Children and the Great Men of England from these Errors and Heresies and keep them steady in the Faith and to require them strictly requiratis astrictissime to shew them Favour and give effectual Assistance c. All these Bulls or Letters are of the same Date at Rome May 22. and Seventh of his Pontificate A. D. 1377. Upon these Bulls John 7 Knight col 2647. n. 10 20. Wyclif was cited to appear before the Arch-Bishop of Canterbury and many other Doctors in the Church of the Friers Preachers in London where he thus explained himself concerning the Sacrament of the Altar and in these Old English Words I knowleche 8 Ib. n. 40 50 60. That the Sacramens of the Autâ—r is very Goddus Body in fourme of Brede but it is in another maner Goddus Body then it is in Hevene For in Hevene it is sene fote in the forume and figure of Fleshe and Blode but in the Sacrament Goddus Body is be myracle of God in fourme of Brede and is he nouther of sene fote ne in Mannes figure but as a Man leves for to theâ—k the kynde of an ymage whether it be of Oke or of Ashe and settys his thouzt in him of whom it is the ymage so myche more schuld a Man leve to thenk on the kynde of Brede but thenk upon Christ for his Body is the same Brede that is the Sacrament of the Autere and withalle clemes alle Devotion and alle Charite that God wolde gif him Worschippe he Christ and then he receyves God gostly more medefully than the Prist that syngus the Masse in lesse Charite For the bodely etynge ne profytes nouth to Soule but in as mykuâ— as the Soule is fedde with Charite This Sentence is provyde be Crist that may nouzt lye for as the Gospel sayes Crist that night that he was betrayed of Judas Scarioth he tok Brede in his Hondes and blesside it brak it and gaf it to his Disciplus to ete for he says and may not lye This is my Body What Satisfaction this Explication gave to the Arch-Bishop and those before whom he was convented the Author says not 9 Hist f. 191. n. 50. Walsingham says it was feigned and vain and that the Arch-Bishop and all others the Duke of Lancaster and Lord Henry Percy being present commanded Silence to Dr. Wyclif forbidding him for the future not to meddle with or treat upon that matter or suffer others to discourse or speak upon it and that he and his Followers were silent for some time He was neither imprisoned nor censured during his Life His Opinions are variously and differently worded and stated as well those that were reputed and censured as Heresies as those accounted Errors and so involved in the Terms of Scholastic Divinity then used as they are now scarce intelligible They are to be found in Spelman's Second Volume of the Councils Henry de Knighton Wood his Antiquities of Oxford but the plainest and clearest that were esteemed Heresies are in 7 Fol. 531. lin Hist Angl. f. 191. n. 30 40. Walsingham's Hypodigma Neustriae which are here translated 1. That the Eucharist in the Altar after Consecration is not the True Body of Christ but its Figure 2. That the Church of Rome is not the Head of all Churches more than any other Church nor was there any greater Power given to Peter than to any other Apostle 3. That the Pope of Rome had no greater Power in the Keys of the Church than any other Priest 4. That the Temporal Lords that were Patrons might lawfully and meritoriously take away the Temporals from a Delinquent Church 5. If a Temporal Lord knew a Church to be Delinquent he was bound under the Pain of Damnation to take the Temporal from it 6. That the Gospel was a sufficient Rule for the Life of a Christian and that all other Rules of Saints under the Observation whereof divers Religious live add no more Perfection to the Gospel than Whiteness to the Wall 7. That the Pope nor any other Prelate of the Church ought to have Prisons to punish Delinquents but every Delinquent might freely go whither he would and do what he would These are all his Opinions Walsingham recounts in this Reign yet he Taught and Preached many more in the University of Oxford where he had many Followers and some Learned Men as likewise in other Places which were Censured in the next Reign Taxes in this KING's Time IN the 6th Year he had granted him a Fifteenth of Counties and Wals f. 132. lin 7. a Tenth of Cities and Burghs for one Year In his 8th Year he had the same and a Tenth granted by the Ibm. f. 134. n. 10. Clergy In his 10th Year he had the same Tax from Laity and Ibm. f. 136 n. 20. Clergy In his 11th Year he had a three Years Tenth given him by the Adam Murymuth
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
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.
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
Salisbury John Lancaster Knights with other People with them to go into France to put in Execution this Wicked Purpose and Treason which Safe-conducts were ready to be produced XXXIII Also the foresaid Nicholas Brembre false Knight of London by Assent and Advice of Alexander c. Robert de Vere c. Michael c. and Robert Tresilian false Justice encroaching to themselves Royal Power as before some of them went Personally into London and without the Assent and Knowledge of the King there openly in his Name made all the Crafts of that City to be Sworn to hold and perform divers Matters not Honest as is contained in the said Oath upon Record in Chancery and amongst other things That they should keep and uphold the King's Will and Purpose to their Power against all such as were or should be Rebels or against the King's Person or his Royalty and that they were ready to live and die with him in destruction of all such who did or should design Treason against the King in any manner and that they should be ready and come readily to their Mayor for the time being or that afterwards should be when and what hour they should be required to resist so long as they lived all such as did or should design any thing against the King in any of the Points aforesaid at which time the King by Evil Information of the said Misdoers and Traytors and by the false Answer of the Justices firmly held the said Lords and others who contrived the Statute Ordinance and Commission to be his Rebels Enemies and Traytors which Information was then unknown to the People of London and also That by obscure Words contained in the Oath the Intent of the Misdoers and Traytors was to engage the People of London to raise their Power to destroy the Loyal Lords XXXIâ— Also the said Nicholas Alexander Robert de Vere and Michael Traytors to the King and Kingdom encroaching to themselves Royal Power of their own Authority without Warrant from the King or his great Council caused to be proclaimed thro' the City of London That none of the King's Lieges should Ayd or Comfort Richard Earl of Arundell and Surry a Peer of the Land and one of the Lords of the King 's great Council during the Commission or to sell him Armor Victuals or other things necessary and to avoid all of his Party as Rebels upon forfeiture of whatever they could forfeit to the King shewing a Patent from the King for making such Proclamation in of the King 's Loyal Lieges XXXV Also the said Nicholas Brembre by Assent and Counsel of Alexander Robert de Vere and Michael made to be proclaimed in the City of London That no Person should be so hardy to speak one Word of ill of the said Misdoers and Traytors upon pain to forfeit whatever they could forfeit to the the King also encroaching to themselves Royal Power XXXVI Also the said Five Traytors to the King and Kingdom caused the King to send to his Council certain Persons to be Sheriffs thro' the Kingdom named to him by the Evil-Doers and Traytors to the intent they might make such Parlement Knights as they should name to the undoing of the good Loyal Lords and the good Commons and also the good Laws and Customs of the Kingdom XXXVII Also the Five Misdoers and Traytors during the time of Protection to hinder the Appeal falsely Counselled and caused the King to Command by his Letter divers Knights and Esquires his Sheriffs and other his Ministers of divers Counties to levy and assemble all the Power they could to come with the Duke of Ireland against the Lords Appellants to make sudden War upon and destroy them XXXVIII Also during the time of Protection of the said Robert de Vere c. Michael c. Alexander c. Nicholas c. caused the King by his Letters to notifie to the Duke of Ireland they were all appealed of Treason by Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and how he had given them day until the next Parlement and how he had taken into his special Protection both Parties with all their Goods and Chattels and it was further contained in the King's Letters That if the Duke of Ireland had sufficient Power he should not cease to march on with all his Force to come to him and soon after they caused the King to write to that Duke That he should take the Field with all the Force he could get together and that he would meet him with all his Power and that he would adventure his Royal Body with him and that he was in great danger and also the whole Nation if he was not relieved by him and this the Duke ought to discover to all the People with him and that the King would pay all his Wages and Costs and of all the People assembled with him By force of which Letters the Wicked and Traiterous Excitations as well of the Duke and his Adherents and all the other Misdoers and Traytors he raised a great number of Men at Arms and Archers as well in the Counties of Lancaster and Chester and in Wales as other Places of the Kingdom to destroy and put to death the Lords and all others who ordered and assented to the making of the Statute Ordinance and Commission to the Ruin of the King and his Kingdom XXXIX Also the said Robert de Vere Duke of Ireland false Traytor to the King and Kingdom assembled a great Power of Men at Arms and Archers in Lancashire Cheshire Wales and many other Places to the intent to have Traiterously destroyed with all his Power the said Lords Thomas Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Thomas Earl Marshal and other the King's Lieges to the Undoing and Ruin of the King and whole Kingdom and so Rod or Marched with a great Force of Men at Arms and Archers from the County of Chester to Radcot-Bridge accroaching to himself Royal Power Displaying the King's Banner in his Army against the State of the King and his Crown This Impeachment was Exhibited on Monday the first 1 Rot. Parl. 11 Ric. II. Part 3. This Roll is not numbred The Appealed summoned to appear day of the Parlement being the 3d of February when the Lords Appellants affirmed they were ready to prove every Article as it should be awarded in Parlement to the Honour of God the Honour and Profit of the King and the whole Realm whereupon the Appealed were called in Parlement before the King and Lords to appear and make Answer to the Appellants and the same Demand of their Appearance was made in Westminster-Hall and at the great Gate of the Palace of Westminster to come and Answer the Appellants and because they came not being so solemnly called the Duke of Glocester and the other Appellants prayed
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that
he was True Pope and as so and Head of Holy Church ought to be Accepted and Obeyed And to this all the Prelates Lords and Commons Agreed The next Year the People 3 Stat. at Large 3 Ric. II. c. 3. Complained and Petitioned shewing That Cathedral and Collegiate Churches Abbeys and Priories and other Benefices of the Kingdom were filled with Men of another Language and of strange Lands and Nations and sometimes Enemies of the King and Kingdom which never made Residence in the same or perform'd the Charge thereof Whereupon the King by Advice and Common Assent of all the Lords Temporal Ordained That none of his Liege People of what Condition soever they were should take or receive any Procuracy Letter of Attorney Farm or other Administration by Indenture or in any other manner of any Benefice within England but only of the King's Subjects without his special Licence by Advice of his Council nor send out of the Kingdom any Gold Silver or other Treasure or Commodity by Bill of Exchange Merchandise or any other manner And those that did the contrary to incur the Pain and Punishment contained in the Statute of Provisors This Prohibition upon Complaint and Petition of the Commons by Assent of the King and Lords Temporal proved ineffectual for the End intended and therefore it was reinforced And it was agreed by the King in his 7th Year the Lords Temporal and Commons that the same 4 Ib 7 Ric. II. c. 12 Roi. Paâ—l 7 Ric. n. II. 49. Statutes shall keep his Force and Effects in all Points and that all Aliens that have purchased or shall purchase any Benefice Dignity or Thing of Holy Church and in his Proper Person take Possession of the same or use it himself within the Kingdom to his own Benefit or of any other without special Licence of the King shall be comprised in the same Statute But this Reinforcement had not its due Effect 5 Ibm. 12 Ric. II. c. 15. and therefore it was Ordained and Assented That no Liege-man of the King of what Estate or Condition that he be great or little should pass over the Sea or send out of the Realm of England without special Leave of the King himself to provide or purchase for himself Benefice of Holy Church with Cure or without Cure And if any do and by virtue of such Provision accept by him or any other any Benefice of the same Kingdom that at that time the same Provisor shall be out of the King's Protection and the same Benefice void so that it should be lawful to the Patron as well Spiritual as Temporal to present to the same an able Clerc at his Pleasure Nor could this hinder Provisions Gifts and Sale of Benefices of all sorts by the Pope for in the 6 Ibm. 2d Statute made 13 Ric. II. c. 2. Rot. Parl. n. 32. next Year the Commons require the King the Statute of Provisors made in the 25th of Edward I. might be recited in Parlement and then it was Ordained and Established That if any make Acceptation of any Benefice of Holy Church contrary to that Statute and duly proved and be beyond Sea he should abide Exiled and Banished out of the Realm for ever and his Lands and Tenements Goods and Chattels forfeit to the King And if he be within the Kingdom he should be also Exiled and Banished and incur the same Forfeiture and avoid the Realm within six Weeks next after such Acceptation And if any one receive such Person after that six Weeks he shall be Banished and incur the same Forfeiture And it was then also 7 Ib. c. 3. Rot. Parl. n. 44. Ordained and Established That if any Man brought or sent within the Kingdom or the King's Power any Summons Sentence or Excommunication against any Person of what Condition that he be for the cause of making Motion Assent or Execution of the Statute of Provisors as above he should be Taken Arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and moreover incur the Pain of Life and Member And if any Prelate make Execution of such Summons Sentences or Excommunications That his Temporalties be taken and abide in the King's hands till due Redress and Correction be thereof made And if any Person of less Estate than a Prelate of what Condition that he be make such Execution he should be Taken Arrested and put in Prison and make Fine and Ransom by Discretion of the King's Council Notwithstanding this Care and these Laws made against the Pope's Practices in this Kingdom 8 Ibm. 16. Ric. II. c. 5. Rot. Parl. n. 20. the Commons in the Parlement in the 16th of this King shewed unto him grievously Complaining That forasmuch as he and all his Liege People ought of Right and of old time were wont to Sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to which they have Right to Present the Conisance of Plea of which Presentment belongeth only to the King's Court of the old Right of his Crown used in the time of his Progenitors Kings of England and when Judgment was given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual Persons which had Institution of such Benefices within their Jurisdictions were bound and had made Execution of such Judgments by the King 's Commands all the time aforesaid without interruption for no Lay Person could make such Execution and also were bound of Right to make Execution of many other of the King's Commands of which Right the Crown of England hath been peaceably seized until this Day But now of late divers Processes have been made by the Bishops of Rome and Censures of Excommunication upon certain Bishops of England because they had made Execution of such Commands to the open Disherison of the Crown and Destruction of the King his Laws and all his Kingdom if Remedy be not provided 9 Ibm. They further Complain of the Pope's Translation of Bishops from Bishoprick to Bishoprick and sending some out of the Kingdom who were fit to be of the King's Council and able to give him Advice without his Assent and against his Will 1 Ibm. So that the Crown of England which hath been so free at all times That it hath been in Subjection to no * So the Words in the Parlement-Roll 16 Ric. II. n. 20. Earhtly Sovereign but immediately Subject to God and to none other in all things touching the Regaly or Royalty of the Crown should be submitted to the Bishop of Rome and the Laws and Statutes of this Realm by him defeated and destroyed at his Will in perpetual Destruction of the King his Crown and Regaly and all his Realm which God forbid Wherefore they 2 Ibm. declare That they and all the Liege Commons of the Kingdom would be with the King his Crown and
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
Fol. 77 F 78 E The Names of Persons excepted Fol. 79 C D What Number to come to the English Parlement Fol. 80 C D The Settlement they made of the Kingdom Fol. 81 A The Articles of the Establishment Fol. 82 83 They break their Oaths and Crown Robert Bruce Fol. 84 B Are routed and many Tried for Perjury and Rebellion Fol. 85 B Their Submission and Homage to King Edward renewed Fol. 86 D They Ravage the English Borders Fol. 120 A 340 A Their great Victory over King Edward II. Fol. Ib. B The Kingdom Interdicted Fol. 123 E They agree to a Truce for Two years continued for 13 years Fol. 124 A 147 A They break the Truce Fol. 184 B A Peace concluded with them by Mortimer Fol. Ib. Their Country wasted and burnt by Edward III. Fol. 197 A They agree to a Peace with him Fol. Ib. B Their Alliance with the French Fol. 335 A Their Barbarity in the English Borders Fol. 341 C Their Commissioners sent to the English Parlement rejected Fol. 359 F They join the French to invade England Fol. 362 E And are beaten Fol. 391 C Scrope Richard Lord Chancellor charged the Commons with untruth Fol. 336 E His Answer to their several Petitions Fol. 337 B The Great Seal taken from him Fol. 355 E Tho. Earl of Wiltshire made Procurator for the Clergy Fol. 412 B Segrave John made Guardian of Scotland Fol. 76 F Sharewell Sir William set forth K. Edward III's Title to France Fol. 248 E F Soldiers how raised against the Scots and payd Fol. 121 F Southwell Nic. Valet to King Richard II. Fol. 381 A Spanish Fleet beaten by the English Fol. 248 A Spencer Hugh blamed for the Loss the English sustained from the Scots at Bannock-bourn Fol. 120 B Is made Chamberlain to Edward II. Fol. 126 E His Fathers Character Fol. Ib. F How they provoked the Nobility Fol. 127 B C The Lords Award against Father and Son Fol. 129 C Their Banishment revoked Fol. 134 D Outragious Practices against them Fol. 141 143 Errors of the Award against them assigned Fol. 142 A And why it ought to be revoked Fol. 144 B The Award voided in Parlement Fol. 145 C The Father made Governor of Bristol Fol. 147 C He is taken and Executed Fol. 148 C The Son Executed Fol. 149 B The Judgment against them both reversed Fol. 403 B Henry Bishop of Norwich his great Courage and Conduct Fol. 349 A His Offer for the Relief of Flanders Fol. 357 D His Proffer accepted by the King and Council Fol. 358 A He Published a Croysado against the Antipope Fol. Ib. B His great Success against the Flemings Fol. Ib. F He surrendred Graveling and returned into England Fol. 359 B His Accusation and Punishment Fol. 360 C Statute of Bigamy on what account made Fol. 5 B D Of Winchester proclaimed Fol. 68 F And Conditions where to be found Fol. 220 E Are revoked by the King Fol. 221 C Statutes and Commission what and when made Fol. 367 A Declared void in Parlement Fol. 397 B And Ordinances made by the King and others appointed out of Parlement Fol. 416 A Not to be repealed under pain of Treason Fol. Ib. The Bishops and Temporal Lords Swear to observe them Fol. 417 F Sterling Castle delivered to the Scots Fol. 67 D Besieged by and yielded to King Edward I. Fol. 78 A Steward James his Submission to King Edward I. Fol. 37 C Stratford John Arch-Bishop of Canterbury his Behaviour to Edward III. Fol. 210 215 He submitted and begged the King's Pardon Fol. 218 D Proceedings against him vacated Fol. 219 A Is forbidden to enter the Painted Chamber Fol. 222 F Is permitted upon Mediation of some Great Men Fol. 223 A Straw Jack his Pretences and Practices Fol. 345 348 His Tryal and Execution Fol. 349 C His Confession at his Execution Fol. 350 A Sudbury Simon Arch-Bishop of Canterbury beheaded by the Rebels Fol. 346 C T. Talbot Sir Tho. accused for Conspiring the Death of the Dukes of Lancaster and Gloucester Fol. 395 B Tarleton Adam Bishop See Adam Taxes granted in the Reign of Edward I. Fol. 96 97 Taxes granted in the Reign of Edward II. Fol. 180 Taxes granted in the Reign of Edward III. Fol. 321 c Taxes granted in the Reign of Richard II. Fol. 465 c. Templars by whom founded their Original and Suppression Fol. 165 c. Testa William the Pope's Agent convict of Crimes against the Crown Fol. 89 D His Officers questioned Fol. 90 B The King granted him Protection and License Ib. D. F Thyrning William his Speech to Richard II. in the Tower Fol. 434 E Tiler Wat. his Pretences and Practices Fol. 345 His Insolent Behaviour to the King Fol. 346 F His Death Fol. 347 A His Followers pretended the King's Authority for what they did Fol. 348 B Tresilian Robert Lord Chief Justice accused of Treason by the Lords Appellants Fol. 373 374 His and the other Judges Opinions concerning the Statute and Commission Fol. 378 c. The Witnesses to their Opinions Fol. 379 F Is brought into Parlement Sentenced and Executed Fol. 385 D Trussell William his Speech against Hugh D'espencer the Son Fol. 159 E He resigned up the Nobility's Homage to Edw. II. Fol. 162 D V. VAlentia Aymer sent against the Scots Fol. 84 F His Success against them Fol. 85 A Vere Robert Duke of Ireland raised Forces in Lancashire and Cheshire for Richard II. Fol. 369 D He is accused of Treason Fol. 372 D Usk Tho. impeached his Answer and Judgment Fol. 387 C D E W. Walworth Wm Lord Mayor of London slew Wat. Tiler Fol. 347 A He is Knighted by Richard II. for his Service Fol. 350 D Walys Wm chosen by the Scots for their Leader Fol. 53 A Is beaten and flee's into the Woods Fol. 64 C Is taken and Executed Fol. 83 F Was one that encouraged the Lords against Edw. II. Fol. 119 C Warren John appointed Governor of Scotland Fol. 38 A He suppressed the Scots Fol. 53 B Warwick Tho. Earl one of the Appellant Lords Fol. 371 C His Pardon revoked Fol. 397 C Is appealed of High Treason Fol. 405 A Is Tryed and pleaded Guilty Fol. 411 E His Life granted him by the King Fol. Ib. F Welch routed and their Prince slain Fol. 9 C Are totally subdued Fol. 11 B Writ for sending the same Knights Citizens and Burgesses who were sent last Parlement Fol. 69 F Wyclif John Convented before the Arch-Bishop and Bishop of London Fol. 307 F He Explains himself concerning the Sacrament of the Altar Fol. 320 A The Heresies laid to his Charge Fol. Ib. F Proceedings against his Followers in Rich. II's Reign Fol. 458 FINIS THE APPENDIX N. 1. Claus 1. Ed. 1. M. 11. de pace Regis Edwar. Proclâ—â—andâ EDwardus Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Vicecomiti Eborum Salutem Cum Defuncto jam celebris memoriae Domino Henrico Rege Patre nostro ad nos Regni gubernaculum
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
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
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
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
those of his Son except that the loss of his Goods moveable and immoveable in and upon his Mannors and Lands were greater as namely two Crops of Corn one in the Barns or Granges the other upon the Ground 28000 Sheep 1000 Oxen and Heifers 1200 Cows with their Breed for two Years 40 Mares with their Breed for two Years 560 Cart-Horses 2000 Hogs 400 Kids 40 Ton of Wine 600 Bacons 80 Carcasses of Beef 600 Muttons in the Larder and 10 Tons of Cyder Armour for 200 Men and other Warlike Engines and Provisions with the Destruction of his Houses to his Damage 30000 l. And at the same time they entred the Abby of Langley in Wiltshire broke up his Coffers and carried away 1000 l. in Silver also his Charters Evidence and Bonds Cups of Gold and Silver and other Silver Vessels and Jewels to his Damage of 10000 l. And at the same time with Force and Arms entred the King's Castle of Marlborough where he was the Constable and took his Goods there found 36 Sacks of Wooll 6 Pair of rich Vestments a Library a Golden Chalice for the Sacrament one Cross of Gold another of Ivory and Ebony and other Ornaments belonging to the Chapel Cloths of Gold Carpets Coverings and many other things and his whole Wardrobe entirely to his Damage of 5000 l. Excepting these Differences of Losses the Petition is the same with his Sons verbatim and The Petition of the Spensers brought into Parlement the Errours assigned in the Process and Award are the very same his rendring himself Prisoner to the King and his Reception into the King's Protection the same and expressed in the same Words And then it follows by the King Et nous apres a nostre Parlement summons a Everwyk as treis semeins de Pasch en an nostre Regne Quinzisme feisems devant nous le Proces del dit Aegard a la suite les ditz Hugh le Fitz Hugh le Pere en cestes Paroles A 15 Edw. II. The Writ of Summons to this Parlement bears Date March 14 1321. Easter-day was April 11. 1â—22 l Honeur de Dieu Seinte Eglise c. And we afterwards at our Parlement at York three Weeks after Easter in the 15th Year of our Reign caused to come before us the Process of the Award at the Petition of the said Hugh the Son and Hugh the Father in these Words To the Honor of God and Holy Church c. the whole Award being cited in this Record After which Recital it follows a quen Parlement c. At which Parlement at York the said Hugh the Son and Hugh the Father being brought before us in Court prosecuting their Complaints and praying us to do them Right and the said Hugh the Son for himself shewed and alledged the Errors in the Process as abovesaid and also Hugh the Father alledged the same Errors and prayed severally and jointly That as the Award was made erroneously and wrongfully against the Laws and Usages of the Realm and against common Right and Reason that we would annull and defeat the said Award and that they might be remitted and reconciled to our Faith and to such Estate as they had and were in before the Award And hereupon hearing the The Process against them examined in Parlement Reasons of the said Hugh and Hugh we caused the Process to be examined in full Parlement in the presence of the Prelates Earls Barons Knights of Counties and the People that were come by reason of the Parlement en presence des Prelates Countes Barons Chivalers des Countes le People estoit venutz pur Encheson du dit Parlement And we found the said Award was made Reasons why the Award ought to be made void without calling them to Answer and without the Assent of the Prelates which are Peers of the Realm in Parlement and against the Great Charter of the Franchises of England which says no Freeman shall be Banished or other way Destroyed but by lawful Judgment of his Peers or the Law of the Land and for that they were not called in Court to make Answer and for these Errors and for that the Causes in the said Award were not duly proved pur ceo que les Causes contenues en la dit Agard ne furent pas duement approvets And further having regard to that that we caused the Parlement at Westminster to be summoned in due manner and commanded by our Writs the said Great Men who made the Award not to make Assemblies and Alliances or come with armed Men yet they came with all their Force to that Parlement notwithstanding our Command And when they came to London in that manner they held their Councils and Assemblies at London without coming to us at Westminster according to Summons and then we sent to them to come to the Parlement at Westminster as they ought yet they would not come nor let us know their Mind nor the cause of the Award tho' we had begun and held the Parlement for 15 Days and more and caused to come before us the Prelates and some Earls and Barons Knights of Counties and others which came for the Commons of the Realm avioms fait venir devant nous Prelates aucunes Countes Barones Chivalers des Countes autres que vindrent pur la Commune du Royalm and caused it to be published That those that had Petitions to promote should deliver them And after Proclamation thus made no Petition was delivered or Complaint made against the said Hugh and Hugh until they came as aforesaid And the Contrivance of the said Award they wholly concealed and kept from us unto the very Hour they came to Westminster with Force and Arms and made their Award against Reason as a thing treated and agreed on amongst themselves on their own Authority in our absence and encroached upon the Royal Power Jurisdiction and Conusance of Process and Judgment of those things which belong to our Royal Dignity wherefore we could not at that time stop the said Award nor do right to the said Hugh and Hugh as it belonged to us And further taking notice that those Great Men after the Award made prayed our Pardon and Release for Confederating themselves by Oath Writing or in other manner without our Leave in pursuing them and Trouping with Banners of ours and their own Arms displayed and taking and possessing Castles Towns Mannors Lands Tenements Goods and Chattels and also taking and imprisoning People of our Allegiance and others and some they wounded and some they killed and many other things they did in order to destroy the said Hugh and Hugh in England Wales and other where of which some might be called Trespasses and others Felonies also it appeared those Great Men were Enemies to and hated them at the time of the Award and before wherefore they ought not to be their Judges in their own Prosecution of them nor have Record ne
prays him to prevail with his Sister to come to him as soon as she could He prays him to send his Wife to him for the Honour of themselves and of her being much disturbed for want of her Company He also earnestly prayed him to dispatch his Son Edward and And to dispatch his Son's Business and suffer him to come to him deliver and surrender to him the Dutchy and Lands which he preserved out of affection to him that he might not be Disherited and further prayed him to suffer his Son to come to him with all the hast he could as he had commanded him it being always his Mind he should return the same hour he should command him so soon as he had done his Homage And then Excuseth the Bishop of Excester's sudden leaving France returning into England as he had done in the Letter to his Queen Dated as above at the same Place The 2 Ibm. like Letters were sent to His Friends and Peers of France The Arch-Bishop of Rhems The Bishop of Laon The Bishop of Beavois The Duke of Burgundy The Duke of Britan The Earl of Flanders The Earl of Valois The Abbot of St. Denis Peers of France The Arch-Bishop of Roan The Bishop of Langres Gaucher Chastillon Constable of France His Relations but not Peers The Lord of Cossi Lewes Earl of Clermont Robert de Artois E. of Beaumont The next day the King 3 Ibm. The K wrote to his Son to return without his Mother if she could not wrote to his Son that tho' he was young and of tender Age yet he might remember what he Commanded him and charged him with at his departure from him at Dover and also what Answer he made him then That when the King of France had received his Homage he should take his leave of his Uncle and return to him with his most Dear Companion the Queen his Mother if she could come so soon if not he should come without her and should not omit it any manner neither for his Mother or any other upon his Blessing Dated at Westminster the Second Day of December His Son wrote an Answer to this Letter as appears by 4 Ibm. The Prince answered his Father's Letter and he wrote a Second Letter to him another of his Father 's to him in March following wherein he acknowledges he did remember what he was charged with at Dover and especially not to marry without his Consent and what he said there to his Father at his Departure and promised in this Answer to do always his Commands and Pleasure to his power Whereupon the King in this second Letter strictly chargeth The Contents of the King 's second Letter him again well to remember those things and in no case to Marry or suffer himself to be Married without his assent nor before he should come to him nor do any thing that might turn to his Damage or Trouble of Mind and as to what his Son said in his answer That he could not come over so soon as he commanded him by reason of his Mother nor leave her being bound by Nature to perform his Duty to her to which he rejoin'd in these Words Beaufitz vous saves coment nous lavoms amee cherie verroiement si ele se eust portee vers nous come faire denst come bone feme vers son Seigneur c. Good Son you know how much I should have Loved and Cherished her and truly if she had carried her self towards us as she ought to have done and as a good Woman or Wife toward her Lord. But whereas she feigned an Occasion to withdraw from us ele se feigne encheson de se retrere de nous by reason of our Dear Nephew and faithful Hugh le Despenser who hath always loyally The Queen's Kindness to Mortimer served me You see and all the World may see that she openly notoriously and designedly against her Duty and against the Estate of our Crown which she is bound to favour and maintain hath drawn to her and retains in her Company and Council attrée a soi in sa compaignie reteint de son conseil le Mortimer c. Mortimer our Traitor and Mortal Enemy proved Attaint and in full Parlement so judged and keeps him Company every where in House and abroad in despight of us and our Crown and the Laws of the Realm Whom at another time your Vncle Banished his Kingdom at our Request as our Enemy and yet she doth worse if worse can be in bringing you into his Company and making him your Counsellor and She makes him her Son's Companion and Counseller making you adhere and stick to him openly and notoriously in the face of the World to the greatest Dishonour of us and you and in prejudice of our Crown and the Laws and the Vsages of the Laws of England the which above all things you are bound to Preserve and Maintain as queux vous estes sovereinment tenuz saves maintenir and therefore he Commands and Chargeth him upon his The King commands him to return notwithstanding any feigned Excuses Faith Amity and Legeance and his own Blessing that he come to him with what speed he can notwithstanding the foresaid Excuses or any other his Mother having wrote that if he would return she would not hinder him car vostre Meer nous ad Escrit que si vous voillez returner ele ne vous disturbereit pas and he could not understand his Vncle should hinder him against the Tenor of his Safe Conduct Given at Lichfield the 18th of March. At the same time King Edward 5 Ibm. King Edward Answers the King of France his Letter concerning his Queen wrote to his Dear Brother the King of France That he had considered his Letters wherein he signified to him he had seriously Discoursed his Sister about the Reason and Things to which he had Answered and that she had told him she desired only to be with him and in his Company as a good Wife ought to be with her Lord que ele vous ad dit qele desire tant de â—sire aâ—ez nâ—ue c. and that the seeming Amity between her and his Nephew Hugh le Despenser was only feigned yet it was convenient to keep it up to gain time and avoid worse things To disprove what she said to her Brother the King of France he reminded him of what great Amity and Kindness she often pretended to Hugh Despenser since her being there and repeats the Intimacy between Mortimer and his Wife and how she was wholly advised and directed by him and did whatever he advised in the same Words and Manner as in the last Letter to his Son and then desires him to restore the Dutchy of Aquitain c. to him without having regard to the wilful humour of a Woman and send him his Pleasure by the Bearer Given at Lichfield March 18. on the same day as before On the 15th
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.
had imprisoned Clercs and others against the Laws of the Land his Coronation-Oath and against the Great Charter the Infringers whereof were by the Prelates of England and the Pope's Bull which he had by him excommunicated Which things he had done to the great Danger of his Soul and Detriment of his State and Honour He tells him he had pronounced Excommunicate all such about him that were Favourers of Treason Flatterers of and imposed upon him and as his spiritual Father beseecheth him to hold them as such some of which by their Sloth and Wicked Service and Advice lost Tournay And requested him to call together the Prelates Great Men and Peers of the Land to see and enquire in whose hands the Wooll Moneys and other things then remained which since the beginning of the War had been granted to him for maintaining thereof and by what means and whose default he lost Tournay and punish the Offenders in all things according to Law And as to what concerned him saving always the Estate of Holy Church and his own Order he was ready in all Points to submit to the Judgment of his Peers This Letter was Dated at Canterbury the First of January In the same Month 1 Ib. f. 151. n. 30 40 c He wrote also to the Chancellor of England to preserve the Liberties of the Church he wrote to Robert Bouser a Lay-man late made Chancellor of England in the place of the Bishop of Chichester to preserve the Liberties of Holy Church and the Laws of the Land entire And to let him know that the Ninth had levied and destreined for it upon Prelates and others of the Clergy who were not bound to pay it as those that 2 Rot. Parl. 14 Ed. III. Part 2 n. 14. 17. paid the Tenth granted to the Clergy and held nothing of the King by Barony or were obliged to come to Parlement and also exacted the Tenth of such as were bound to pay the Ninth oppressing the Clergy contra Deum Justitiam against God and Justice Exhorting and requiring him in the Lord hortamur in Domino requirimus not to permit the Religious and Clergy to pay otherwise than according to the Form of the Grant of the Taxes nor give his Advice or Assent to any thing in prejudice of the Great Charter or that might tend to the Subversion of Church-Liberties declaring if he should make out any Writ Commission or Precept to that purpose he should not omit to exercise such Power as Holy Church had permitted him He 3 Wals f. 152 n. 10 20 c. The A. Bp. declaimed in a Letter to the King all those Excommunicate wrote also to the King and his Council after this manner Domino nostro Regi Consilioque suo ac omnibus singulis dicti Consilii sui Personis monstramus nos Johannes permissiones divina Cantuariensis Archiepiscopus totius Angliae Primas sedis Apostolicae Legatus c. To our Lord the King and his Council to all and every one of them We John by Divine Permission Arch-Bishop of Canterbury and the Pope's Legate do declare all those that do Arrest Who imprisoned Clercs Clercs put them in Prison and detain them against their Wills are Excommunicated by Canon Which Sentence he published in the or oppressed the Church Church of Canterbury and caused it to be published by all his Brother Suffragans or Bishops of that Province After the Denunciation of which Sentence several Clercs there named were taken and imprisoned in prejudicium Dei Ecclesiae Sanctae in prejudice of God and Holy Church against the Laws and Privileges of all Clercs and to the danger of their Souls who did such things or gave Advice or Assent to the doing of them Wherefore he beseeched the King to preserve untouched the Rights and Privileges of Holy Church and forthwith release the Clercs and others that had been imprisoned against the Great Charter the Laws of the Land and Privileges of such as were detained And further beseeched all of the King's Council who had presumed to advise the King to commit such things qui talia committendi consilium Regi dare presumserunt not to hinder the Release of those that were kept in Prison He also declared That the King's Ministers or Officers of what Condition soever who entred the Granges Houses and other Places of Arch-Bishops Bishops Ecclesiasticks or other Religious without the Consent of their Bailiffs and took and carried away their Goods and all those that commanded these things to be done were involved in the same Sentence of Excommunication He wished the King would vouchsafe to apply a fit Remedy for he could not dissemble but that against such as his Pastoral Office required it of him by his Brother Bishops of the Province he should execute what was his and their bounden Duty Yet it was not his Intention that the King Queen or their Children should be comprehended in this Judgment or Sentence of Excommunication as far as by Law or Right they might be excused 4 Ibm. n. 50. nostrae tamen Intentionis non existit Dominum nostrum Regem Dominam Reginam aut Liberos eorundem dictis Sententiis involvi seu comprehendi quatenus de jure poterunt excusari As he had resolved 5 Ib. f. 153. n. 20 30 40 c. he wrote to all the Bishops of his Province 6 Ibm. f. 154. n. 30. and commanded them to declare Excommunicate all such as deprived Churches of their Rights or by Malice infringed or disturbed their Liberties or free Customs and those especially that violated the ancient Liberties and free Customs of his Church of Canterbury or in any manner diminished them or did any thing contrary to its Privileges Also those that disturbed the Peace and Quiet of the Kingdom or that gave Advice or Assistance to or favoured them Also those who by any Art or Trick whatsoever quacunque arte vel ingenio should violate break diminish or change any of the Liberties and free Customs contained in the Great Charter or Charter of the Forest privately or openly by Word Deed or Advice or the ancient Liberties and free Customs granted by them to the City of London should be declared Excommunicate And then he directs them to proceed in the same manner against all such as imprisoned Clercs or entred into the Houses Granges Ba c. of Arch-Bishops Bishops c. as above The King moved with this Behaviour of the Arch-Bishop 7 Ibm. f. 154. n. 30 40. â— The King's Letter concerning the A. Bp. of Canterbury and his Crimes wrote to the Bishop of London and the Prior and Chapter of Canterbury in harsh and severe Language how he had been used by the Arch-Bishop and charged him with many great Crimes as that being exalted to the Throne in his Nonage desiring to be directed by sound Counsel believing him in Fidelity and Discretion to exceed all Men and using him as the
Director of his Soul and likewise the Affairs of his Kingdom and receiving him into great Familiarity and seeing the Kingdom of France devolved to him by Right of Succession and was usurped by Philip of Valois he with great Importunity persuaded him to make a Confederacy against Philip with the German Princes idem Archiepiscopus nobis importuna instantia persuasit cum Princibus Alemanniae contra dictum Philippum foedus inire exposing us and our Affairs to the Charge and Hazard of War promising and affirming That he would cause abundantly to be supplied the necessary Expences from the Revenue of our Lands and Subsidies adding further That we need only take care to have ready expert and stout Soldiers Then he tells how he went beyond Sea and entred into a War at a vast Expence obliging himself to his Confederates in great Sums of Money upon the promised Aid but trusting to a broken Reed and his Assistance in Money not coming to him he was forced to contract improfitable Debts under the greatest Usury and so as he could not prosecute his Expedition but must of necessity return into England Where declaring to the Arch-Bishop his Streights and Misfortunes he called a Parlement which gave him the Ninths as above and the Clergy a Tenth which if fully collected and in due time had probably been sufficient for the carrying on his War and the Payment of his Debts to the no small Confusion of his Enemies Then he says the Arch-Bishop promised again to assist him effectually toward Collecting the Subsidy and administring other Necessaries Whence trustingto his promised Assistance he again passed over Sea and obtained his Sea-Victory as before related and afterwards besieged Tournay as aforesaid when every day expecting by the Arch-Bishop's Management to be relieved in so great Necessities with what had been promised him his Hope 's failed And though by many Letters and Messengers he had signified to him and others of his Counsellors his Adherents the Wants and Dangers he was in for want of Money being put off with frivolous Excuses and fine Words by which they palliated their Fraud and Malice he was forced unwillingly to consent to a Truce to his Shame and the Hindrance of his Expedition At length his faithful Friends Companions and Participants in his Adventure and Tribulation tandem convenerunt ad nos amici Fideles Peregrinationis nostrae Comites Tribulationis nostrae participes with whom he discoursed how he might most aptly be delivered from his present Misfortunes all agreed the Fault was the Arch-Bishop's either by Sloth or Negligence if not Malice murmuring against him that he had not corrected the Insolence of the Arch-Bishop and Officers Archiepiscopi Officialium Insolentiam c. which if he should not do speedily they threatned to quit his Service and withdraw themselves from the Confederacy Whence thinking of the Discipline and Correction of his Officers unde nos ad disciplinam correctionem nostrorum officialium mentis aciem dirigens he removed some from their Offices for Male-administration by subversion of Justice oppressing the People and taking Bribes Others of less Note he committed to Prison and believing he might have a more full account of the Actions of his Officers from the Arch-Bishop to whom he had committed for a long time all the Administration of all his Affairs he sent Nicholas Cantilupe to command him to come speedily to London that he might have Personal Discourse with him but being always Proud and fearful in Adversity he pretended Danger from some about him if he should stir out of the Church of Canterbury The second time he sent to him Ralph Stafford Steward of his Houshold with Letters of safe Conduct to come to and inform him about the Business of the Kingdom But contemning his Requests and Messages with an haughty Look he answered That he would not meet come to or confer with him but in full Parlement which at that time it was not rationally expedient to convene quod in his diebus ex causis rationalibus non expedit convocari Then recounting his great Bounty and Beneficence toward him his extraordinary Respect and Assection to him and the mighty Trust and Confidence he had in him declares how ungrateful he was and how he had deceived him wounding his Innocence by railing at and reproaching the Justice Fidelity and Diligence of his Officers by Preaching publickly and sending Letters into divers Parts That by Royal Power and against Justice the People had lately been oppressed the Clergy confounded the Kingdom over-burdened with Exactions Taxes and Tallages And because he falsly endeavoured to obtain the Name of a Good Pastor which he always wanted yet truly he was a notorious Mercenary by common Opinion and his own publick Confession quia nomen boni Pastoris quo hactenus semper caruit c. he applied himself to assert the Liberty of the Church which if it had been injured or grieved either in Persons or Things in rebus vel Personis it was only and truly to be ascribed to the Remisness crafty Intentions and reprobate Counsels of the Arch-Bishop Archiepiscopi duntaxat remissioni callidis adinventionibus ac reprobis consiliis sunt veraciter ascribendae wickedly pretending he had certain Sentences and Articles of Excommunication made in general against the Violators of Church-Liberty and the Great Charter to blacken the Good Opinion the People then had of the King to defame his Ministers traiterously to raise Sedition amongst the People and to withdraw the Affections of the Earls Barons and Great Men from him Wherefore being willing as he was bound to secure the Integrity of his Fame to obviate the Malice of the Arch-Bishop and to avoid the Snares laid for him and his he desired to publish some other of his Actions besides those above repeated to wit That by his improvident Advice in his Nonage he had made so many prodigal prohibited Gifts and Alienations and done so many excessive Favours that his Treasury was exhausted and his Crown-Rents beyond measure diminished and that corrupted by Bribes he had without reasonable cause remitted great Sums of Money due to him and had given much of his Rents and Revenue which ought to have been applied to his own use to Persons not deserving or converted it to his own Vse and presumed to attempt other things to the Detriment of his Estate Damage of his Royal Dignity and Grievance of his Subjects abusing the Power committed to him Commanding those to whom this Letter was directed to publish it and cause others to publish it in such Places as they should think convenient Witness his Self at Westminster the 12th of February in the 15th of his Reign On Ash-wednesday being the 21st of February the Arch-Bishop Preached in the Cathedral of Canterbury and 8 Hist Sacr. vol. 1. f. 23. The A. Bp. published the K. 's Letters at the end of his Sermon he told the People there were Letters directed by the King
to the Prior and Convent against him which he desired might be read Which was done by order of the Prior and the Contents of them published in the English Tongue Against and makes his Defence which the Arch-Bishop in every Point defended his Innocence and then admonished the People to pray for the King Queen and their Children and to those that should do so devoutly and also pray for the State of Holy Church being penitent and sorry for their Sins he granted Forty Days Indulgence from Purgatory And the next Day being the Chair of St. Peter at Antioch or the 22d of that Month 9 Ibm. the Abbot of St. Augustines in Canterbury to whom and his Convent the like Letters had been sent published The Abbot of S. Augustines published them to the Disadvantage of the A. Bp. them to the People expounding them in Hatred to the Arch-Bishop in odium Archiepiscopi that so the People might have an ill Opinion of him The very same Complaints against this Arch-Bishop the King 1 Rot. Rom. 14 Ed. III. M. 4. The King sent to the Pope to remove him out of the Kingdom sent to the Pope tho' in somewhat smoother Language in some parts of the Epistle and requests he might be by him removed out of the Kingdom for preserving the Peace of it and preventing other Dangers that might be feared to ensue if he staid there Dat. apud Langele 14 die Martii The Arch-Bishop wrote an Answer to the King's Letter which bears this Title 2 Hist Sacr. vol. â— f. 27. The A. Bp.'s Answer to the King's Letter which he cal's a famous Libel Excusatio Archiepiscopi ad famosum Libellum The Excuse or Answer of the Arch-Bishop to the slanderous Libel addressing himself by way of Preface to the King telling him There were two things by which the World was Governed the Holy Pontifical Authority and the Royal Ordained Power of which the Charge of the Priests was the greatest and highest inasmuch as they were in the last Judgment to give an account of Kings Wherefore he ought to know that they depend upon the Judgment of Priests who might not be directed by their Wills for who could doubt but Christ's Priests were to be thought the Fathers and Masters of Kings Princes and all faithful People 3 Ibm. Reverendo Domino suo Edwardo Dei gratia c. Duo sunt quibus principaliter regitur iste Mundus Sacra Pontificalis Autoritas Regalis Ordinata Potestas in quibus est pondus tanto gravius sublimus Sacerdotum quanto de Regibus illi in divino reddituri sunt examine rationem Et ideo scire debet Regia celsitudo ex illorum vos dependere judicio non illos ad vestram posse dirigi voluntatem Quis enim dubitat Sacerdotes Christi Regum Principum omniumque fidelium Patres Magistros censeri And he proceeds to inform him that many Bishops had 4 Ibm. f. 28. Excommunicated Kings and Emperors and also to inform him what Good Kings were to do and how to behave themselves toward Bishops and what Reverence Honour and Respect was due to them And he complains that the Honour due to him in regard of his Dignity and as he was his Father was turned into Disgrace Devotion into Reviling and Reverence into Contempt sed proh dolor c. Honor nobis exhibendus conversus est in Opprobium Devotio in Blasphemiam Reverentia in Contemptum whilst his Epistles sealed with the Royal Seal but more truly slanderous Libels 5 Ibm. dum Epistolas vestras Regio sigillo Signatas quin verius Libellos famosos dictated and written by his Enemies containing many Crimes falsly imputed to him were sent to the Bishops of his Province Deans Abbots Priors their Convents and Chapters to be published to his and would to God not to the injury of him too in nostram utinam non in divinam injuriam By which unthought of that he might not say detestable Fact Royal Power presumed to Judge the Lord God in his Servants and Priests and he seemed to condemn him his Spiritual Father and greatest Peer of the Land against the Order of God Human Law and natural Reason not called not convicted by Record and unheard to the Danger of his Soul and as an ill Example to the manifest Prejudice of all the Peers of England At last making great Profession of his Affection to him and the great Services he had done him he comes to his Answer here following That 6 Ibm. f. 29. whereas he accused him That when the Kingdom of France was devolved to him by Right of Succession he importuned him to make a League with the Almain to recover his Rights and was only to find expert Soldiers and he would find Money which failing you were you say forced to contract great Debts upon Usury 7 Ibm. To this he said That in the beginning of his Government when he was Bishop of Winchester it was known by whose Counsel he was Governed That when the Kingdom had devolved to him by Hereditary Right and so judged in the Parlement at Northampton the two Bishops of * Adam Orlâ—ton Worcester Coventry and Litchfield were sent into France to Claim that Kingdom in your Name and to hinder the Coronation of Philip de Valois which Embassie was the greatest occasion of the War We at that time were not employed in any of your Affairs but were hated at Court for what cause God knows Afterwards when it pleased your Majesty to call me with others of your Privy Council to transact the Publick Affairs we considering the Danger of Mens Souls Bodies and Goods by a devouring War endeavoured with all our Power to make Peace between the Two Kingdoms but 8 Ibm. f. 30. after all Endeavours for Peace proved insuccessful and Philip had made War upon you then in a Parlement at Westminster called for that Purpose seeing the Obstinacy of Philip it was agreed you should League with the Germans or Almains and others As for the Payment of the Expences of this War there were Agreements made with certain Merchants in a Council at Stamford which are to be found in Chancery which if observed together with other Subsidies granted both by Clergy and Laity and the great Customs of Wooll not only in our own but in the Opinion of all the Council had been sufficient for the whole War if well managed 9 Ibm. And your Majesty knows well that these Agreements were not broken or changed by us nor did the Subsidies come to our hands because after your first Passage we staid not in this Kingdom but with the Reverend Fathers the Cardinals and Bishop of Durham went into France to treat of Peace often going backward and forward from and to your self then in Brabant and afterward when there was no hopes of Peace staid some time with you there and were made Partakers of your Necessities and with
other Prelates and Great Men of England became bound with you for great Sums upon Vsury The 1 Ibm. f. 31. second thing charged upon him in the King's Letters he says was yet more wonderful That when the Ninth was granted he promised effectually to assist in the levying of it but that by reason of the nonperformance of that Promise when before Tournay he was forced to consent to a Truce contrary to his Mind To this he said the whole Subsidy for the Ninth for the first Year was assigned to his Creditors before his second Passage as might appear by the Assignations themselves and therefore it was manifest that he neither promised to send nor could send any thing to the Siege of Tournay especially not knowing when it began To the 2 Ibm. third thing That the Necessities and great Streights he was in were brought upon him by his Fault Negligence and Malice as also of his other Officers some of whom he was forced to remove and imprison others lest his Friends that were with him and Allies beyond Sea should leave him And when desiring to have a better Information of his Affairs he sent for him c. The Arch-Bishop affirms he made no Promise 3 Ibm. to send Money to him and therefore such as Warred in his Service could not complain of his Fraud or Negligence And professing again how diligent he had been and faithful both then and at all times in his Service he says 4 Ibm. f. â—2 as concerning his Faithful Friends and those that accompanied him in his Enterprizes beyond Sea who desired a fit Remedy to be applied to those ill Services that brought him into those Inconveniences and Misfortunes it was to be believed according to their Words that as culpable or guilty of any Fault they were to be punished by just not arbitrary Process Then as to his Two Messengers first Nicholas Cantilupe bringing the King's Letters of Credence he only cited and enjoyned him to go into Brabant to pay the King's Debts and stay there while they were paid so that if he had been summoned to have been at London with the King as his Letters intimated he must have been here and beyond Sea at the same time As to Ralph de Stafford he came without Letters and by bare Word cited him to come to the King affirming he ought not to fear any Treachery 5 Ibm. and says this notwithstanding that tho' the King's Letters of Conduct at first view seemed sufficient for his coming to staying at and returning from his Councils if he had been summoned as he was not yet the same day he received these Letters of Conduct the Sheriff of Canterbury brought him the King 's Writ to appear at London before the King and Council upon a Contempt So as tho' the King's Letter gave him free liberty of returning yet by the King 's Writ he was of necessity to fall into his Enemies hands 6 Ibm. quod non decuit nec decuisset Regiam Majestatem which became not nor could become Royal Majesty Nevertheless he was and should always be ready to answer what should be objected against him before the Prelates and Peers saving his State and Order Statu nostro Ordine semper salvis As to what was 7 Ibm. 34. charged upon him for publishing Sentence of Excommunication and commanding it to be published against the Violators of Ecclesiastic Liberty and the Great Charter to blacken the King's Reputation defame his Ministers and traiterously move Sedition amongst the People and to withdraw the Affections of the Earls Barons Nobles and Great Men from the King because it seemed to affix the Crime of Treason upon him in which case no King or Temporal Lord could be his competent Judge he protested openly and publickly by these Presents That what he said or should say he intended not to prejudice his State in any thing but wholly to decline Trial by any Secular Judge whatever 8 Ibm. Quia praemissa proditionis crimen in Caput nostrum retorquere videntur quo casu Rex nullus vel Dominus Temporalis judex noster competens esse potest sicut satis Superius est ostensum protestamur palam publice per Presentes Quod dicta vel dicenda in nullo Statui nostro prejudicare intendimus in hac parte sed judicis cujuscumque Secularis examen totaliter declinari At last as to 9 Ibm. f. 35. his Prodigality in giving away the Revenues of the Crown to undeserving Persons and wasting the Product of them and converting the King's Treasure to his own use he utterly denies it asserting again his Innocence and the great Service he had done the Labour and Expences he had been at for the Crown And near his Conclusion he says Haec 1 Ibm. 36. ad Libellum famosum responsa sufficiant in praesenti This may suffice for Answer to the scandalous Libel at present and wisheth for the King's Honour it had neither been wrote or published The King 2 Ibm. f. 36 37 38 The King 's Reply to the A. Bp.'s Answer replied very briefly to this Answer reproves him for his insolent and undutiful Language tells him how much he Honoured and Revered his Spiritual Fathers and that he ought not to overlook their Offences when he saw them tending to the Danger of him and his Government And shews him his Mistake when he complained he was condemned of Capital Crimes being absent and unheard as if he in those Letters wrote in his own Vindication only had proceeded criminally against him and forbids him and all other Bishops to publish any Sentences of Excommunication or other things against the Rights of his Crown or derogatory to his Royal Dignity and Prerogative as they had been always used by his Progenitors During this Controversie between the King and Arch-Bishop A Parlement called there was a Parlement called to meet at Westminster on Monday next after the Quinden of Easter the Writ of Summons in ordinary bearing Date March 3. at Wedestoke 3 Claus 15 Ed III. Part 1 M. 37. Dors A. D. 1341. In this Parlement the Arch-Bishop appeared and humbled himself to the King 4 Rot. Parl. l. 3. p. 8. The A. Bp. humbles himself to the King and begs pardon le dit Ercevesque se humilia a nostre Seignieur le Roy requesting his Favour and Good-will to which the King received him and for which the Prelates and Great Men gave him all possible Thanks they could think of And then the Arch-Bishop prayed the King That having been defamed through the whole Kingdom he might be Arraigned before his Peers in full Parlement qil puisse estre aresnez en pleyn Parlement devant les Piers which the King granted quen chose le Roy ottroia but said he would that the Business touching the State of the Kingdom and Common Benefit should be first dispatched Afterwards 5 Ibm. n. 43. A Committee appointed
mean while the Scots entered into England plundered The Scots enter into burn and waste the Borders burnt and ravaged the Counties of Northumberland Cumberland and the Bishoprick of Durham against whom the King raised an Army in the Northern Counties King Edward very much disturbed 6 Ib. in both An Army raised with which for the Death of his great Friend and at the Progress of Charles of Bloys raised a great Army and appointed it by Proclamation 7 Clause 16 E. III. M. 20. Dors A. D. 1342. the King went in Person into Bretagne He wrote to the Pope to Command Prayers c. to be made for his Success to be ready to pass with him into Bretagne by Midsummer following and then wrote to Pope Clement the Sixth to put up Prayers to the Almighty for his happy Progress and that he would cause Preachings Processions and other Pious Offices to be exercised in England for a Blessing upon his Armies which at that time he intended against France and Scotland The Letter it self being written in an extraordinary strain of Piety and Devotion and to shew the Devotional Latin of those times is Printed in the Appendix 8 N. Notwithwithstanding his Proclamation he could not get ready 9 Clause 16 E. III. p. 2. M. 23. Dors until the 4th of October when he took Shipping at Sandwich and sailing toward France he met with the French Fleet from which after a sharp Engagement they were separated by Storm At length he landed near Vannes in Bretagne which he besieged and 1 Froiss c. 94 98. Two Cardinals sent by the Pope to mediate a Truce which was obtained for 3 years the French Army under the Conduct of the Duke of Normandy lay ready to relieve it At which time the Pope sent the Two Cardinals of Penestrin and Tusculum who mediated a Truce for Three years for the maintaining whereof the King of England and Duke of Normandy as Froissard says made Oath according to the Articles of the Truce which do here follow tho not exactly according to the form in Robert of Aversbury p. 100. c. 42. or in Tho. Walsingham f. 159. n. 10 20 c. which is tedious and without method but according to Du Chesne 2 F. 659. B. who hath drawn up the whole and entire Sense of them in a short Form 1. For the Reverence of Holy Church and the Support of Christianity The Articles of the Truce and Ease of the Subjects of both Kings and the Honour of the Cardinals Treating Peace and Concord between them they would The first Article is according to Avesbury send some of their Blood and others to the Court of Rome to end all Differences and Debates before the Pope having Power by Advice of the Pope and Consistory of Cardinals to alledge and propound their Reasons not that he should end and decide it or give Sentence but only for the making a better Peace and Treaty 2. The Treators or Ambassadors shall appear before the Pope by the Feast of John Baptist or Midsummer-day next coming That before Christmass the Treaty may be ended if nothing happens for the prolonging of it or in case the Pope be not hindred by other Business or that he cannot compose in that time the Differences between the Kings yet nevertheless the Truce shall continue for Three years after the Feast of St. Michael then next following between the King of England and France the King of Scots and the Earl of Haynault and all the Allies of the said Kings that is to say the Dukes of Brabant and Gelderland the Marquiss of Juliers Monsieur John de Haynault and the People of Flanders in all their Lands and Seigniories 3. That the King of Scots and Earl of Haynault and other Allies of the Kings shall send their Messengers or Ambassadors to Ib. Walâ—ing the Court of Rome by the Feast of St. John with sufficient Power to consent to and confirm the Treaty before the Pope for what belongs to them but if they would not send the Treaty was to proceed notwithstanding 4. That the Truce shall be observed in Bretagne between the Two Kings and their Allies notwithstanding they both pretend Right to the Dutchy 5. The City of Vannes shall remain in the Hands of the Cardinals or of one of them to be holden during the Truce in the Name of the Pope And after the end of the Truce they may dispose of it as they please 6. That the Cardinals shall labour diligently to find some way how the Flemmings may be absolved from the Popes Censures they had incurred Avesbury 7. That the Earl of Flanders may remain in his Earldom as Lord without Mean but not as Soveraign provided the People do Consent 8. Both Kings shall endeavour without fraud that their Subjects do not make War upon one another in Gascoign nor in Bretagne during the Truce or in any other place and in case they should there should be no Rupture between them 9. That none who were under the Obedience of one King before or at the time when the Truce was made shall put himself under the Obedience of the other during the Truce 10. That nothing shall be given or promised directly or indirectly to any Party to make War during the Truce 11. That the Truce be kept and observed by Land and Sea and Sworn to by both Parties and speedily published in both Armies and within Fifteen days in Gascoign Bretagne and Flanders and in England and Scotland within Forty The residue of the Articles are the same with those of the Truce made at the Siege of Tournay the 25th of September 1340 in the Fourteenth of Edward the Third before noted This Truce was made in the Priory of St. Mary Magdalen in the Town of Malatrait and Signed the 19th of January 1343 according to Avesbury and on the same day 1342 according to Walsingham About five Weeks after this Truce was Signed 3 Clause 17 E. III. Part. 1. M. 25. Dors Writs for a Parlement Writs were sent forth for a Parlement to be holden at Westminster on the Monday next after the Quinden of or 15th after Easter Teste Custode Witness the Guardian of England Feb. 24. c. The chief cause of Summons of this Parlement signified also in the Writ it self 4 Rot. Parl. 17 E. III. n. 7 8 9. was to treat and advise with the Great Men and Commons od les Grantz Comunes what was best to be done about the King's Affairs concerning the Truce made The Declaration of the Cause of Summons between him and his Adversary of France and then touching the Government and Safety of this Nation and his People And for that Monsieur Bartholomew de Burghesh who was with the King in Bretagne at the making of the Truce knew best how things went there the Chancellor sent to him to come and declare in Parlement the manner of making the Truce
be had And that when 1 Ibm. n. 9. And nâ—t to lay aâ—â—de his Voyage for the Pope's Letters the King should be ready to pass beyond Sea to take what God should give him pur prendre ce que Dieux lui durra upon the Exploit of this Business he would not for the Letters or Command of the Pope or any other lay aside his Voyage until he had made an end one way or other The which Prayer the King fully granted a quele preere le Roi ottroia pleynement but because it could not 2 be done without a great and agreeable Aid the Arch-Bishop Bishops Prelates and Procurators of the Clergy of the Province of Canterbury granted to the King a Triennial Aid for this Voyage granted by the Clergy and Commons Tenth les ditz Commons le samaday apres granterent nostre Seigneur le Roi pur mesme la cause deux Quinzismes de la Commonalte de la Cerre deux dismes des Citees Burghs And the said Commons granted to the King for the same cause Two Fifteenths of the Commonalty of the Land and Two Tenths of the Cities and Burghs And 3 Ibm. n. 10. after that the said Commons granted another Fifteenth apres le dite Commune grantent une autre quinzisme See for the Conditions of these Grants in the Statutes at large 18 Ed. III. translated exactly from the French on this Roll n. 14. to n. 23. which Statute was made from the Petitions of the Commons and the Answers to them and 't is called in the todding on the Roll the Charter of the Commons la Chartre enseale par la Comune and also for the Statute or Charter for the Clergy bearing Date July 8. in the 18th of his Reign which gave them many Privileges n. 24. to n. 32. In both these Statutes which are now in a manner become obsolete 't is said the Great Lay-men granted to pass and adventure themselves with the King and therefore they are not found upon the Roll to be Taxed The residue of this Year was spent in 4 Walâ— f. 164. n. 30. Froys l. 1. c. 100. Ashmâ—le f. 182. Tournaments and other Military Exercises at Dunstable Smithfield and especially at Windsor in Feastings Revellings Dancing and all manner of Jollity But it was not long after the beginning of the next Year that King Edward 5 Avâ—â— p. 103. a. c. 48. III news from Bretagne received news of what had been done in Bretagne how the Noblemen who adhered to him there were put to death and what havock and depopulation had been made in those Places under his Subjection Whereupon William de Bohun Earl of Northampton had 6 Rot. Franc. 19 Ed III. Part 1. M. 24. The King sent Defiance to Philip of Valois Commission Dated April 24. to defie Philip of Valois as a Truce-breaker his capital Enemy Persecutor and unjust Vsurper of his Inheritance the Kingdom of France And as what was done in Normandy and Bretagne against the Truce had been declared to be so by the Parlement so he wrote 7 Rot. Rom. 19 Ed. III. M. 2. n 4. He wrote 'to the Pope complaining of him to the Pope on the 26th of May following almost the same thing and made grievous Complaints to him of Philip de Valois having in the highest manner broken and dissolved the Truce The effect of his Letter the Pope repeats in his Bull or Answer to it the Original being in the Cotton Library 8 Cleopâ—tra E. 2. The Effect and Contents of K. Edward's Letter to the Pope That for avoiding the Dangers and Damages that might arise by reason of the Dissentions and Wars between Edward III. and the Illustrious King of France as the Bull hath it inter te fili carissime ac carissimum in Christo filium nostrum Philippum Regem Franciae Illustrem he had offered many ways of Peace that he might apply himself as he much desired to the Service of his Redeemer beyond Sea but was always delayed with fair Words and Treaties without effect to his great Damage His second Complaint was after a Narrative of the Truce made before Vannes That when he returned into England and had left a few Men only in Bretagne and sent his Commissioners to treat before his Holiness about a Peace as related before he received news which pierced his Soul That certain Noblemen of Bretagne were by Command of Philip taken carried to Paris and put to death And also of the great Ravage and Depopulation made in Bretagne Gascoigne and other Places 3dly That he endeavoured by crafty and secret Treaties to draw his Allies and Subjects from him and procured other things to be attempted against the Truce by Sea and Land Therefore he thought it utterly dissolved by his Adversary And now since the Time of Treaty was ended and no rational way of Peace appearing nor were the things attempted against the Truce reformed or amended but rather multiplied although by his Holiness's Letters the said King had been often required to reform them not to say any thing of his Legate that was sent into Bretagne to cause the Truce to be observed yet took the contrary part and blamed him that he did not what he ought toward an Accommodation he thought himself excused by God Holy Church and the People if seeing he could have no other Remedy in a just Cause he declared the Truce dissolved by Philip and defied him as above and renewed the War again protesting he would attempt nothing that might offend his Holiness or the Apostolick See which he desired and ought to revere or that might do Injury to any one but only with Moderation to defend himself and prosecute his Rights asserting what he did was for want of other Remedy and against his Will offering Peace when he might have a good one or by good means cum habere poterit bono modo The Pope's Answer to this Complaint begins with a most obliging The Pope's Answer to K. Edward's Complaints Compellation calling God to Witness Fili dilectissime novit 9 Ibm. Altissimus qui scrutator est cordium cognitor secretorum c. Most beloved Son the Most High knows who is the Searcher of Hearts and understands all Secrets that he had faithfully endeavoured to procure a Peace between him and the King of France without partiality and would not yet spare any Pains for the effecting of it And he tells him That those who wrote his Letters probably understood not the Truth of the Affair for that there were some things put in them and some things left out which caused notable He tells him he had not done according to the Truce Errors It was agreed by the Truce That there should be some of the Royal Blood Commissioned to Treat on either side in his Presence and though the King of France had sent several of the Royal Blood and many Prelates of great Authority as it
the Earls of Fife and Monteth Malcom Fleming that called himself Earl of Wigetown and William Douglas Prisoners and many Men at Arms. By Warrant directed to Thomas Rokeby 6 Rot. Scot. 20 Ed. III. M. 2. A. D. 1346. Sheriff of Yorkshire Dated Decemb. 20. who then had the King of Scots in his keeping he was commanded to carry David de Bruys that had Sent to the Tower of Lond. with Force of Arms invaded England plundered and burnt the Country killed the King's Subjects and done other Mischiefs to the Tower of London and deliver him to the Constable thereof or his Lieutenant there to remain in safe Custody 7 Ib. 21 Ed. III. M. 9. Dors A. D. 1346. The Earls of Monteth and Fife were condemned for Treason the first whereof was executed about the beginning of March in the 21st of Edward III. and the second reprieved during the King's Pleasure The Pope wrote 8 Aves p. 111. a. c. 58. The Pope sent to K. Edw. to consent to a Treaty of Peace to King Edward from Avignion on the 18th of the Calends of February or 15th of January with great Urgency and Vehemency to consent to a Treaty of Peace and sent Anibald Bishop of Tusculum and Stephan by the Title of St. John and St. Paul a Priest Cardinal with his Letter to be his Nuncio's to treat of and mediate a Peace The King's 9 Ib. b. c. 59. To which he would not agree unless his Heritage was yielded to him Answer to this Letter or Bull was to this effect That he was very willing to consent to a Treaty of Truce or Peace as he always had been for the Benefit of Christianity but his Adversary had always broken the Truces that had been made and kept his true Heritage from him which if he did not yield up there could be no Treaty While the King lay before Calais Charles 1 Ib. p. 114. a. b. cap. 64 65. Charles of Bloys enters Bretague with the Title of Duke of Blois who had taken upon him the Title of Duke of Bretagne besieged the Town and Castle of Rochedirian a strong Place in this Country for the Relief whereof Sir Thomas Dagworth King Edward's Governour of that Dukedom raised what Force he could there and in Normandy and marched toward the Siege Of which Charles of Blois had notice and stood all Night with his Army ready to receive him Next morning which was the 20th of June before A. D. 1347. 21 Ed III. His Army beaten and himself made Prisoner Sunrise both Armies were engaged and Sir Thomas received the Charge of the French four times successively and afterward put them into Confusion and obtained the Field having slain between 6 and 700 Knights Esquires and Men at Arms besides ordinary Men and then made Prisoner Charles de Blois with several Great Men there named and a great number of other Knights and Esquires aultres Chivalers Esquiers a graunt nombre This Account 2 Ibm. is from Sir Thomas Dagworth's Letter to the Chancellor of England About a Month or five Weeks after the King of France had a Letter from the Governour of Calais 3 Ibm. p. 113. b. 114. a. cap. 63. Calais in great distress for want of Victuals of the ill Condition the Town was in for want of Victuals That the Dogs Cats and Horses were most eaten That the Garrison had agreed if they had not speedy Relief to issue out of the Town and go into the Field to fight for their Lives or die bravely as being more Honourable than to eat one another On the Friday 4 Ibm. b 115. a. b. cap. 66 67. or 27th of July before the Gule or first Day of August it being that Year on the Wednesday the King of France on an Hill on the other side of the Marsh before Calais over against King Edward lodged or posted his Army which was very great as by what follows in his Letter to the Arch-Bp of Canterbury to his Chancellor and Treasurer 5 Ibm. The King of France comes with a great Army to relieve it Two Cardinals mediate a Treaty The Cardinals the same Day came to the end of the Causway leading to Calais vindrent mesme le jour les Cardinaux a bout de la choucee c. and send their Letters to his Cousin of Lancaster and other Great Men of his Army requesting they might speak with them Whereupon he gave Leave to him and his Cousin of Northampton to go to them who were with great earnestness requested by them that there might be a Treaty telling them they knew well the French King would make such Offers of Peace as would according to Reason be acceptable At their instance as one that had always been ready to accept of a reasonable Peace and at the moment they made the Offer he assented And his Cousin of Lancaster built two Pavilions or Tents between both Armies and there assembled or met before the Cardinals and Marquess of Juliers Which held 3 days without effect the Earls of Lancaster and Northampton Monsieur Bartholomew de Burghersh his Chamberlain Monsieur Reignald de Cobham and Monsieur Walter de Manny on his Part The Dukes of Bourbon and Bathenes the Chancellor of France the Lord Ostmond and Monsieur * Offâ—mâ—nt Geofry de Charny on the Part of his Adversary who only insisted upon Terms about the Town of Calais yet at last offered his Commissioners That he should enjoy the Dukedom of Guyen and County of Ponthieu as his Grandfather had done which was thought a small matter to what Damage he had received So that after Three Days Treaty without effect on Tuesday the last The King of France challengeth the King of England to Battel and then runs away with his Army Day of July toward Evening his Adversaries gave him notice by some Great Men That if he would come out of his Fastnesses to a Place convenient to Fight in to be set out by Four Knights chosen on either side he would give him Battel any time between that and Friday Evening On the next Day being Wednesday 6 Ibm. and the first of August he let him know he accepted his Offer and gave Letters of safe Conduct to Four Knights to come and join with Four of his to set out the Ground Whereupn his Adversary 7 Ibm. Calais yielded on Thursday night with his Army in great haste marched off as if they had been routed and burnt their Tents and most part of their Baggage 8 Ib. p. 116. a. cap. 68. A D. 1347. 21 Ed. III. The next Day which was the 3d of August the Besieged wanting Victuals and despairing of Relief yielded up the Town and themselves and all their Goods to his Mercy and Pleasure But King Edward being much inraged at the Inhabitants long holding out and the great and many Injuries they had done Hard Terms put upon the Calcsians by
of greater Force than at that time had ever been heard of que cea en arere ad este oi to invade England destroy the Nation the King and his Subjects as it manifestly appeared by what he had shewn and did show every day The other cause was to know how and in what manner the Peace of the Land might be best kept and then the Commons were commanded to treat together and take good Advice how the Malice of the King's Adversary might be resisted and for the Safety of himself and Kingdom how he might be Aided to his greatest Profit and the least Charge to his People The Commons having advised together gave the Answer following To their most Honourable and most redoubted Liege Lord his poor Commons 3 Ibm. n. 4. shew A lour tres Honurable tres Redoutez Seigneur Liege monstre sa pour Comune That at his last Parlement he sent the Noble Earls of Lancaster and Northampton autres Grantz and other Great Men to tell them That he intended not to take any thing of or charge them which they had published to the whole Land for which they had also thanked him according to their Knowledge as much as they could and prayed for him Night and Day prient pur lui nuyt jour and yet at this present Parlement upon News now come pur noveles que sont venuz he demanded a The Commons Grievances and Complaints very great Charge of his poor Commons un trop grant Charge da sa povre Comune They desire his Nobleness and most High Lordship he would please to understand the Mischiefs and Burthens of the Commons That is to say the reasonable Aid which had been pardoned in his 14th Year that is a Grant was made it should not be paid all his Reign to wit 40 s. upon every Knight's Fee to make his Eldest Son Knight whereas by Statute there was but 20 s. due upon every Fee Fifteenths of the Commons Tenths of Cities and Burghs Men at Arms Hobelors Archers taking of Victuals without paying for them Guarding the Sea and also the Subsidy of Wooll by reason whereof every Sack of Wooll that was the Treasure of the Land was sold for 40 s. less than its Value So as it would be a great Trouble to the Commons to bear any Charge Yet The Conditions of the Grant of an Aid nevertheless so as the Aid now to be granted might not be turned into Wooll neither by way of Loan or Value or in any other manner nor levied too hastily but in the Form it was to be granted and that the Eyres of Justices in the mean time might cease as well of the Forest as of Common Pleas and General Enquiry in the whole Land if this Aid should be levied That no Subsidy upon Wooll for the future may be granted by the Merchants That no Imposition Loan or other Tallage or Charge whatsoever shall be put upon them by the Privy Council without their Grant and Consent in Parlement That Two Prelates Two Lords and Two Justices might be assigned to hear and dispatch their Petitions which were not answered in the last Parlement and that their Petitions in this Parlement might also be answered according to Reason and the Answers to remain in force without being changed or altered That the Justices do enquire of False Money which destroys the People That David Bruys William Douglass and other Chieftains of Scotland may in no manner be released neither by Ransom nor upon their Faith That he would restore the 20000 Sacks of Wooll taken of the Commons by way of Loan That an Aid to Marry his Daughter might not be taken the mean time and That there might be no Marshalcy in England except that of the King or the Guardian of England when he was out of the Kingdom Vpon these Conditions and otherwise not sur cestes Conditions autrement nient and also that they may be entred in the Parlement-Roll as Matter of Record come chose de Record by which they might have Remedy if any thing should be done to the contrary in time to come The said poor Commonalty to their very great Mischief Grant to the King si grante la dite povre Communalte a lour trop grante Mischief a nostre Seigneur le Roy trois Quinzismes c. three Fifteenths to be levied in three Years to begin at Michaelmas next coming so as every Year one Fifteenth may be levied and no more at two Terms in the Year St. Michael and Easter by even Portions and that this Aid may be assigned and reserved only for the War and not to pay Debts And if the War should cease or a Truce be made then the Fifteenth of the last Year not to be levied That of these Conditions and the manner of this Grant Letters Patents shall be made and sent into all Counties without paying any thing for them wherein shall be made mention of the great Necessity the King was in after the last Parlement And in case the War should break out toward Scotland the Aid granted beyond Trent should be employed for the Defence of those Parts as it had been formerly About this time Lewis of Bavaria being dead several of the The Electors offer to chuse K. Edward Emperor of Germany Electors met at Colen from whence they sent Ambassadors to King Edward and offered to Elect him Emperor of Germany 4 Claus 22 Ed. III M. 20 Dors A. D. 1334. He refuseth their Offer in Return to which Offer he sent Sir Hugh Nevill and Ivo de Glinton Canon of St. Paul with his Refusal of that Dignity and great Thanks for the Honour they intended him The time of the Truce of Calais being near expiring 5 Rot. Fran. 22 Edw. III. M. 13. Several Truces continued and made the King upon the Pope's sending Commissioners either to prolong the Truce or Treat of a final Peace the former was agreed for six weeks Which Term being ended the Ambassadors on both sides met between Guines and Calais and agreed to another Truce to begin on the 13th of November and continue to the first of September 1349 Which Truce on the second of May that year 6 Rot. Fran. 23 Edw. III. M. 9 10. Dors was prorogued to the Feast of Pentecost 1350. The Articles were much the same with those of the Truce before Tournay A. D. 1340 and of that before Vannes A. D. 1343. This year says Walsingham was 7 F. 168. n. 10. Glorious in England for Peace Victories the Spoils of Caen Calais and other Towns and Cities in France as also for Garments Furs Gold and Silver Vessels and other rich Vtensils which were seen almost in every House and that then it was the English Dames began to pride themselves in the Apparel The English Women imitate the French in Apparel of the French Dames In a very short time after the Truce as above was concluded the Lord Geofrey Charny
Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
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
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
giving Aid to support these great Charges When the Duke of Lancaster 2 Wals f. 309. n. 20 30 40. Commissioners to be sent to the Parlement of Scotland from England and the same from Scotland to English Parlements The Scots kâ—pt not this Agreement was sent to Renew the Truce with Scotland it was agreed That for the Ease of both Nations and to save Charges there should be sent Commissioners of both Nations to every Parlement of either Nation who should represent the Injuries done to each other upon the Borders and receive Satisfaction according to the Judgment of the Lords The Scots sent not to this Parlement but did much Injury upon the Borders and received a Force from France to join with them against the English But hearing there were Preparations making against them toward or just after the end of the Parlement they sent their Commissioners who were rejected and sent home without Treaty The Chancellor 3 Rot. Parl. 7 Ric. II. n. 11. The Chancellor quickens the Lords to dispatch the King's Business c. Laying aside other Debates spake to the Lords a second time and told them The King commanded them to have due Consideration of the necessary Matters that had been declared to them and of the apparent importable Mischief and of the great Necessity he had for Money to prevent them And that they would Treat by themselves diligently upon these things with as much speed as might be laying aside the Debate of any other Matter in the mean time and to report their Advice from time to time to him And said further the King commanded them to treat from Day to Day and dispatch what they came for and not to depart from Parlement without his special Licence under the Peril that might happen And then 4 Ibm. n. 12 13. The Lords and Commons grant 2 half 15ths the Lords and Commons considering the outrageous Charge the King was to be at by reason of the War on every side then open granted two half Fifteenths upon Condition the Clergy would contribute and grant as became them In this Parlement 5 Ibm. n. 18. The Bishop of Norwich accused by the Chancellor His Crime and Punishment the Bishop of Norwich was accused by the Chancellor in several Articles for his Miscarriages in his late Expedition One was That he had promised to serve the King with such a Number of Men for a whole Year and served but half a Year and then returned with his Army ruined c. Of which Article he could not clear himself 6 Ibm. n 23. and therefore was adjudged to make Fine and Ransom at the King's Pleasure and the Temporalities of his Bishoprick to be seized for that Purpose Sir William Ellingham Sir Thomas Trivet Sir Henry de Ferrers 4 Knights accused for selling Fortresses and Sir William de Harnedon were accused in Parlement before the Lords 7 Ibm. n. 24. for receiving Money for the Delivery of several Fortresses the Sums in the whole amounting to 20000 Franks in Gold They all made pitiful Excuses and craved the King's Mercy 8 Ibm. n. 25. The Judgment against them Judgment was pronounced by the Chancellor That they should refund what they had received to the King and remain in Prison until they had made Fine and Ransom to him Before 9 Wals f. 308. n 10. A Truce with the French for half a year Christmas the Duke of Lancaster went into France to Treat of Peace between the Two Kingdoms but brought back with him a Truce only until Midsummer next following when he was to return again upon the same Errand In the beginning of February 1 Ibm. n 20 30. Sedition moved in the City of London A Shoemaker the great Promoter of it How it was stayed John Northampton alias Comberton who had been Major the Year before moved Sedition in the City of London and went up and down the Streets often with great Numbers of People following him and when the present Major Sir Nicholas Brembre prepared to oppose him a Shoemaker one of his Favourers moved the Rabble to stand by him who by the Advice of Sir Robert Knolles was taken out of his House and had his Head cut off Which Act stayed the Insurrection and Commotion of People at that time who as it was then said had conspired to Murther the Major and many other worthy Men of the City This Shoemaker's Name was John Constantyn who was the Cause of great Disturbances Commotions and Insurrections in the City who was not drawn out of his House and presently beheaded by the Advice of Sir Robert Knolles tho' very probably he might be the Person that did seize or ordered him to be seized 2 Pat. 7 Ric. Ii M. 16. p. 2. but was taken on the 11th of February at the Head of the Rabble and carried presently to the Guild-Hall and arraigned as one of the first Movers of Sedition by Witnesses sworn and examined and his own Confession was adjudged to Death and had his Head cut off which Judgment was presently Recorded and was afterward confirmed by the King 3 Claus 7 Ric. II. M. 9. on the 9th of February preceeding John Northampton was sent to Corfe-Castle there to be kept Prisoner until the King by Advice of his Council should otherwise dispose of him In Lent the Duke of Lancaster 4 Wals f. 308. n. 40 50. f. 309. The Duke of Lancaster marched with a great Force into Scotland and his Brother the Earl of Buckingham went with a very great Force towards Scotland of Knights Esquires and Archers but staid so long upon the Borders as all the Victuals were consumed whereby the Inhabitants received more Injury than by the Invasion of the Scots Toward Easter he entred Scotland where by his Delays the Scots had time enough to secure their Goods and Persons and finding nothing but Hunger and Cold returned with a hard Report having lost Returns with a hard Report many Men and Horses After their Departure the Scots invaded the North Parts plundered the Country and burnt Towns as the English had done in Scotland This Year 5 Rot. Claus 7 Ric. II. M. 10. Dors A. D. 1385. A Parlement at Salisbury The Duke of Lancaster accused of Treason by a Frier The Frier murthered before he came to make good his Information there was another Parlement holden at Salisbury on the Friday after St. Mark or 25th of April In this Parlement says Walsingham Fol. 309. n. 20 30 40 50. a Carmelite Frier accused the Duke of Lancaster that he designed to kill the King and usurp the Kingdom The Duke desired he might be secured until he made good the Accusation against him and was so But the Night before the Day on which he was to do it he was most barbarously murthered Tho' he says he was accused in Parlement yet as he relates the Story it was before the Council and must be so
he was very Angry especially because they desired him to be under Good Government but by Divine Providence and the Resistance and Power of the said Lords the King could not bring his Design to effect Thirdly When the Lords 3 3 Ibm. n. 20. Temporal in Defence of themselves resisted his Malice and Craft the said King prefixed a Day for the Parlement to do them and others Justice who upon Faith and Confidence therein remained quietly in their own Houses the King privately with his Letters or Commission sent the Duke of Ireland into Cheshire to raise Arms against the said Lords Great Men and Officers of the Commonwealth Publickly exciting his Banners against the Peace he had Sworn to from whence Homicides Captivities Dissentions and other infinite Evils followed in the whole Kingdom for which cause he incurred Perjury Fourthly That although the said 4 4 Ibm. n. 21. King had Pardoned the Duke of Glocester the Earls of Arundel and Warwic and all their Assistants in full Parlement and for many Years had shewn chearful Signs of Peace and Love towards them yet the same King always bearing Gall in his Heart taking Opportunity caused to be seized the Duke of Glocester and the said Earls of Arundel and Warwic and sent the Duke to Calais to be imprisoned under the Keeping of the Earl of Nottingham one of his Appellants and without Answer or lawful Process caused him to be strangled and inhumanly and cruelly murdered The Earl of Arundel Pleading his Charter of Pardon and Demanding Justice in Parlement was encompassed with great Numbers of Armed Men and had his Head Damnably struck off and committed the Earl of Warwic and Lord Cobham to Perpetual Prison confiscating their Lands against Justice the Laws of the Land and his express Oath giving them to their Appellants Fifthly At the time 5 5 Ibm. n. 22. when in his Parlement he caused the Duke of Glocester and Earls of Arundel and Warwic to be adjudged that he might more freely exercise his Cruelty upon them and in others fulfil his injurious Will he drew to him a great multitude of Malefactors out of the County of Chester who marching up and down the Kingdom with the King as well within his own House as without cruelly killed his Lieges beat and wounded others plundering the Goods of the People refusing to pay for their Victuals violating and ravishing Men's Wives and other Women And although Complaints were made to the King of these Excesses yet he took no care to apply Remedy or do Justice in them but favoured those People in their Wickedness confiding in them and their Assistance against all others of his Kingdom wherefore his Good Subjects had great matter of Commotion and Indignation Sixthly Though the said 6 6 Ib. n. 23. King caused Proclamation to be made through the Kingdom That he caused his Unkle the Duke of Glocester and the Earls of Arundel and Warwic to be Arrested not for any Rebellious Congregations or marching with Horse within the Kingdom but for many Extorsions Oppressions and other things done against his Regality and Royal Majesty And that it was not his Intention that any of their Company at the time of the Congregation and Marchching with Horse aforesaid should for that Reason be Questioned or Disturbed Yet the same King afterwards in his Parlement Impeached the said Lords not for Extorsions Oppressions or other things aforesaid but for Rebellious Tumults and Congregations and Marching with Horse adjudged them to Death and caused many of their Company for fear of Death to make Fine and Ransom as Traitors to the great Destruction of many of his People and so he craftily deceitfully and maliciously Deceived the Lords their Followers and People of the Nation Seventhly After many of these 7 7 Ibm. n. 24. Persons who had paid their Fines and Ransoms and had obtained his Letters Patents of full Pardon yet they received no Benefit by them until they made new Fines for their Lives by which they were much impoverished And this was much in Derogation to the Name and State of a King Eightly In the last 8 8 Ibm. n. 25. Parlement holden at Shrewsbury the same King propounding to Oppress his People subtilly procured and caused to be granted That the Power of Parlement by Consent of all the States of the Kingdom should remain in some certain Persons who after the Parlement should be Dissolved might Answer the Petitions depending in Parlement then undetermined under pretence whereof they proceeded to other General Matters touching that Parlement ac-according to the King's Will in Derogation to the State of Parlement great Disadvantage to the Kingdom and a pernicious Example And that these Actions might seem to have some Colour and Authority the King caused the Rolls of Parlement to be changed and blotteed contrary to the Effect of the Grant aforesaid Ninthly Notwithstanding the said King at his 9 9 Ibm. n. 26. Coronation sware That he would do in all his Judgments equal and Right Justice and Discretion in Mercy and Truth according to his Power yet the said King without all Mercy rigorously amongst other things Ordained under great Punishments That no Man should intercede with him for any Favour toward Henry Duke of Lancaster then in Banishment in so doing he acted against the Bond of Charity and rashly violated his Oath Tenthly That though the 1 1 Ibm. n. 27. Crown of England the Rights of the Crown and Kingdom it self have been in all times so Free as the Pope or any other Foreign Power had nothing to do in them yet the said King for the confirming of his erroneous Statutes supplicated the Pope to confirm the Statutes made in his last Parlement whereupon he obtained his Apostolic Letters or Bull wherein were contained grievous Censures against all such as should presume to contravene them All which things are known to be against the Crown and Royal Dignity and against the Statutes and Liberty of the Kingdom Eleventhly Though Henry now Duke of Lancaster 2 2 Ibm. n. 28. by the King's Command exhibited his Bill or Accusation against the Duke of Norfolk concerning the State and Honour of the King and duly prosecuted it so as he was ready to make it good by Duel and the King had ordered it yet the same King put it by and without any lawful Cause Banished the His own Father John D. of Lancaster was the First Commissioner in this Judgment in Parlement See Pleas of the Crown 21 Ric. II. Duke of Lancaster for Ten Years against all Justice the Laws and Customs of the Kingdom and the Military Law Damnably incurring Perjury Twelfthly After the said King had graciously granted 3 3 Ibm. n. 29. to the now Duke of Lancaster by his Letters Patents That while he was in Banishment his Attorneys might sue for Livery of any Inheritance might fall to him for which Homage was due which should be respited for a
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
the Kings of Denmarke and Swevelande who are many times by the Nobility dejected either into Prison or into Exile Such likewise are the Dukes of Venice and of some other Free States in Italy and the chief Cause for which Lewes Earl of Flaunders was lately expelled from his Place was for drawing to himself Cognisance in Matters of Life and Death which high Power never pertained to his Dignity In these and such like Governments the Prince hath not Regal Rights but is himself subject to that Power which is greater then his whether it be in the Nobility or in the Common People but if the Soveraign Majesty be in the Prince as it was in the Three first Empires and in the Kingdoms of Judea and Isreal and is now in the Kingdoms of England France Spain Scotland Muscovia Turkey Tartaria Persia Aethiopia and almost all the Kingdoms of Asia and Africk altho for his Vices he be unprofitable to the Subjects yea hurtful yea intolerable yet can they Lawfully neither harm his Person nor hazard his Power whether by Judgment or else by Force for neither one nor all Magistrates have any Authority over the Prince from whom all Authority is derived and whose only Presence doth silence and suspend all inferiour Jurisdiction and Power And as for Force what Subject can attempt or assist or counsel or conceal Violence against his Prince and not incur the high and heinous Crime of Treason it is a common saying Thought is free free indeed from Punishment of Secular Laws except by Word or Deed it break forth into Action Yet the secret Thoughts against the Sacred Majesty of a Prince without attempt without endeavour have been adjudged worthy of Death and some who in Auricular Confession have discovered their Treacherous Devices against the Person of their Prince have afterwards been Executed for the same All Laws do exempt a Mad Man from Punishment because their Actions are not governed by their Will and Purpose and the Will of Man being set aside all his Doings are indifferent neither can the Body offend without a corrupt or erroneous Mind yet if a Mad Man draw his Sword upon his King it hath been adjudged to deserve Death And lest any Man should surmise that Princes for the Maintenance of their own Safety and Soveraignty are the only Authors of these Judgments let us a little consider the Patterns and Precepts of Holy Scripture Nebuchadnezzar King of Assyria wasted all Palestine with Fire and Sword oppugned Hierusalem a long time and at last expugned it slew the King burnt the Temple took away the Holy Vessels and Treasure the rest he permitted to the Cruelty and Spoil of his Unmerciful Soldiers who defiled all Places with Rape and Slaughter and ruinated to the Ground that flourishing City After all the glut of this Bloody Butchery the People which remained he led Captive to Chaldea and there erected his Golden Image and commanded That they which refused to Worship it should be cast into a Fiery Furnace What Cruelty what Injustice what Impiety is comparable to this And yet God calleth Nebuchadnezzar his Servant and promiseth him Hire and Wages for his Service And the Prophets Jeremiah and Baruch did write unto the Jews to pray Jerem 25. 9. Ezceh 29 18. Jerem. 29. 7. Baruch 1. 11. for the Life of him and of Baltazzar his Son that their days might be upon Earth as the days of Heaven And Ezechiel with bitter Terms abhorreth the Disloyalty of Zedechia because he revolted from Nebuchadnezzar whose Homager and Tributary he was What shall we say of Saul Did he not put all the Priests to Execution because one of them did Relieve Holy and Harmless David Did he not violently Persecute that his most Faithful Servant and Dutiful Son in Law During which Pursuit he fell twice into the Power of David who did not only spare but also Protect the King and reproved the Pretorian Soldiers for their Negligent Watch and was touched in the Heart for cutting away the lap of his Garment and afterwards caused the Messenger to be slain who upon Request and for Pitty had lent his Hand as he said to help So did Domitian put to death Epaphroditus Nero's Libertine because he helped Nero although in Love to kill himself So did Seâ—erus kill all the Killâ—rs of Pertinax his Predâ—â—â—ssâ—r and likewise Vitellius did put to Death all the Murderers of Galba Theophilus Emperor of Graecia caused all those to be sâ—ain who had made his Father Emperor by killing Leo Armenius And Alexander the Great put to cruel Execution those that had sâ—ain Darius his Mighty and Mortal Enemy forward the voluntary Death of that Sacred King As for the contrary Examples as that of Jehu who slew Jehoram and Ahazia Kings of Israel and Juda they were done by express Oracle and Revelation from God and are no more set down for our imitation then the Robbing of the Aegyptians or any other Particular and Priviledged Commandement but in the general Precept which all Men must ordinarily follow not only our Actions but our Speeches also and our very Thoughts are strictly charged with Duty and Obedience unto Princes whether they be Good or Evil The Law of God ordaineth Deut. 17. 12. Psal 105. Exod. 22. 28. Act. 23. 5. Roman 13. 1 13. Titus 3. 1. 1 Pet. 2. 13 14 17. 2 Tim. 2. 2. That he which doth Presumptuously against the Ruler of the People shall dye And the Prophet David forbiddeth to touch the Lords Anointed Thou shalt not saith the Lord rail upon the Judges neither speak Evil against the Ruler of the People And the Apostles do demand further That even our Thoughts and Souls be obedient to Higher Powers And lest any should imagine that they meant of good Princes only they speak generally of all and further to take away all doubt they make express mention of the Evil. For the Power Rom. 13. 2. John 19. 11. and Authority of Wicked Princes is the Ordinance of God and therefore Christ told Pilate That the Power which he had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lord 's Anointed Esay 45. 1. For God stirreth up the Spirit even of Wicked Princes to do his Will and as Johosaphat said to his Rulers they execute 2 Chron. 36. 22. not the Judgment of Man but of the Lord in regard whereof David calleth them Gods because they have their Rule and Psal 28. Authority immediately from God which if they abuse they are not to be adjudged by their Subjects for no Power within their Dominion is superior to theirs but God reserveth them to the sorest Tryal Horribly and suddenly saith the Wiseman Sap. 6. shall the Lord appear unto them and a hard Judgment shall they have The Law of God commandeth That the Child should be put to Death for any contumely done unto the Parents But what if the Father be a Robber
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A
claim the Crown of France Fol. 198 E F The Alliances he made in order to it Fol. 199 He appoints Commissioners to Treat of his Right Fol. 200 B He Constitutes the Duke of Lorrain Vice-Roy of France Fol. 1b C He is made Vicar-general of the Empire Fol. 201 D His Title to the Crown of France Fol. 1b F He enters the French Dominions Fol. 202 C He acquaints his Parlement with it and demands an Ayd Fol. 203 A His Debt to his Allies Fol. 204 C An Ayd granted to clear it and the Commons Request to him Fol. 1b D E His great Victory over the French Fleet Fol. 205 C His Letter to his Parlement for more Money which was granted Fol. 206 A E He Besieged Tournay and Challenged Philip of Valois Fol. 207 A B He concludes a Truce Fol. 208 B C At his return into England he sent several of his Council to Prison Fol. 209 E He is reproved by the Arch-Bishop of Canterbury Fol. 210 D His Letter concerning the Arch-Bishop and his Crimes Fol. 212 E His Letter answered and called a Libel by the Arch-Bishop Fol. 215 B His Reply to the Arch-Bishop's Defence Fol. 218 B He presses for further Supplies Fol. 219 D His Answer to the Statutes and Conditions Fol. 220 A His Revocation of them confirmed in Parlement Fol. 222 C He refused the Emperor's Mediation for a Peace Fol. 223 E F He received the Homage of John Earl of Montfort for the Dukedom of Bretagne Fol. 224 E He Married his Daughter to the Duke's Son Fol. 225 E He enters Bretagne with an Army Fol. 226 A He agrees to a Truce with France for 3 years Fol. Ib. D He acquaints his Parlement with it and their Agreement to it Fol. 227 228 He appoints Commissioners to Treat of Peace without effect Fol. 229 A His Parlement prays an end of the War and grant an Ayd Fol. 231 E He again sent Defiance to Philip of Valois Fol. 232 C He Complains to the Pope against him and the Pope's Answer Fol. Ib. E F 233 C The Success of his Arms in Gascoigny Fol. 235 E He and his Son Prince Edward land in Normandy Fol. 236 A His great Successes there Fol. Ib. B c. His Victory over the French at Cressy and the Number slain Fol. 237 B c. His Answer to the Commons Petition in Parlement Fol. 240 A He beats the French Army and takes Calais Fol. 242 C D His Vsage of the Calesians Fol. Ib. E 243 A He agrees to a Truce Fol. 243 B The Number of his Army and their Pay Fol. Ib. C He refused the Offer of the Empire Fol. 255 F He prevents the betraying of Calais Fol. 246 D His Vsage of the French Prisoners Fol. Ib. E He Institutes the Order of the Garter Fol. 247 His Title to France set forth in Parlement Fol. 248 E He offered Terms of Peace to the French Fol. 252 His readiness to Remedy his Subject's Grievances Fol. 250 251 His Agreement to Peace refused by the French Fol. 253 A B 261 D His Expedition into France Fol. 254 F His Army wast and destroy the French Country Fol. 262 A He concludes a Peace with France Fol. Ib. C D The Articles of the Peace Fol. 263 c. He sent his Commissioners to take possession of what was granted him by the Peace Fol. 278 F Some French Lords refuse to become his Subjects but are forced to it Fol. 281 His Kindness to the French Hostages Fol. 283 A He assumed the Title of King of France by the Advice of his Parlement Fol. 287 E His Offer to such as would Maintain his Title Fol. 288 B His Letter of Indemnity sent into Aquitain Fol. Ib. D His Voyage into France unfortunate Fol. 293 A B He sent Assistance to his Son Prince Edward Fol. 289 C His Answer to the Commons Petition Fol. 292 A His Fleet beaten nigh Rochell Fol. Ib. D His Town in Aquitain Revolt Fol. 297 D He agreed to a Truce with the French King Fol. 298 A His Answer to the Commons and Londoners Petitions Fol. 302 303 305 306 His Death Fol. 308 B His Issue by Queen Phillippa Fol. 323 Prince Edward Eldest Son to Edward III. made Guardian of England Fol. 204 F His great Victory over the French at Cressy Fol. 237 C He prevents the betraying of Calais Fol. 246 C His Expedition into France and his Success Fol. 255 E His Victory over the French at Poicters Fol. 257 His Civilities to King John and his Son Philip Fol. 258 A He is made Prince of Aquitain Fol. 282 E He ayds the King of Castile and restores him Fol. 284 C His Illness and return to Aquitain Fol. Ib. D His Necessities for want of Money Fol. 285 A The Complaint of the French Nobility against him Fol. Ib. B His Answer to the French King's Summons Fol. Ib. D He taketh Limoges by Storm Fol. 290 A He returns ill into England Fol. Ib. B His Death Fol. 302 C Ellys William impeached for Extortion Fol. 302 B England's Superiority over Scotland Fol. 35 B How to be divided if Conquered by France Fol. 238 F English Women imitate the French in their Apparel Fol. 246 A F. FItz-Alan Richard Earl of Arundel Admiral of the English Fleet Fol. 367 D He takes above 100 of the Enemies Ships Fol. Ib. E Is one of the Appellant Lords Fol. 371 C Flint Castle when and by whom built Fol. 7 A French King's Charge against King Edward I. Fol. 38 D He seized on Gascony Fol. Ib. F He provides to invade England Fol. 39 D Fulthorpe Sir Roger impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A G. GArter See Order Gascony restored to King Edward I. Fol. 77 C Gaston Vicount Bearn refused his Homage to Edward I. Fol. 3 A Gaveston Piers his Familiarity with Prince Edward Fol. 91 F Is banished by the King Fol. 92 A His return into England and is made Earl of Cornwal and Lieutenant of the Kingdom Fol. 100 D E His Destent and Marriage with the King's Neece Fol. 101 B Is made Lieutenant of Ireland Fol. Ib. E The Nobility contrive to destroy him Fol. Ib. F He fled out of the Kingdom and is recalled Fol. 112 D He yields himself to the Lords Fol. 115 D He is Executed without Judgment Fol. 116 A Gloucester Thomas Duke with other Lords march with great Forces towards London Fol. 368 A Their Letter to the Mayor and Sheriffs Fol. Ib. B C Their Approach to the King with the manner of their Address and Reception Fol. 369 A B C They are excused by Proclamation yet march on towards London Fol. Ib. F The Keys of the City-Gates delivered to them Fol. 370 A They go to the King and obtain what they asked Fol. Ib. B C He offers to purge himself and is declared Guiltless Fol. 371 A His desire to have 1000 l. per Ann. settled on him by the King Fol. 392 F
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