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
THE Continuation of the Complete History of ENGLAND by Robert Brady D r. in Physic. 1700. Printed for S. Lowndes and A. I. Churchill A CONTINUATION OF THE Complete History OF ENGLAND CONTAINING The LIVES and REIGNS OF Edward I. II. III. AND Richard the Second By ROBERT BRADY Doctor in Physic In the SAVOY Printed by Edward Jones for Sam. Lowndes over-against Exeter-Exchange in the Strand and Awnsham and John Churchil at the Black Swan in Pater-Noster-Row 1700. A CONTINUATION Of the Compleat History of England c. King EDWARD the First KIng Henry the Third died on the 16th of November 1272. and was buried at Westminster the 20th of the same Month and so soon as he was buried John Earl of Waren and 1 Mat. Westm fol. 401. n. 40. 50. A. D. 1272. The Nobility and Clergy swear Fealty to Edw. I. when beyond Sea after the Death of his Father and appoint Guardians of the Kingdom The Guardians Names They enter upon the Government all Writs and Instruments issued by them in the King's Name Gilbert Earl of Glocester with the Clergy and Laity went to the great Altar and sware Fealty to his First-born Son Edward who was then in the Holy Land not knowing whether he was living afterward the Nobility of the Nation met at the New Temple London and a new Seal having been made they appointed faithful Ministers and Guardians that might keep the King's Treasure and the Peace of the Kingdom Postmodum ad novum Templum Londini nobillores Regni pariter convenerunt facto sigillo novo constituerunt fideles ministros custodes qui Thesaurum Regis c. These Guardians were Walter Giffard Arch-Bishop of York Edmond Plantagenet Son to Richard Plantagenet Brother to King Henry the Third Earl of Cornwal and Gilbert de Clare Earl of Gloucester who entred upon the Exercise of the Government by the Advice and Appointment of the Nobility without any possible Privity or Knowledge of the King yet all the Writs Proclamations and Instruments concerning the Government were Issued in the King's Name as appears by the 2 Append. n. 1. A Writ to proclaim the King's Peace Writ directed to all the Sheriffs in England to proclaim the King's Peace throughout their whole Counties in all Cities Burghs Fairs Mercates and other Places Which was in this Form Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitan c. Whereas our Father King Henry of Famous Memory being Dead the Government of the Kingdom is come to us by Hereditary Succession c. We command the c. Witness W. Arch-Bishop of York Ed. of Cornwall and G. of Glocester Earls at Westminster the 23d of November in the First Year of Our Reign But three Days after the Interrment of his Father There was also a Writ of almost the same Tenor in the King's Name directed to the Abbats of Dore and Hagenham to Receive the Oath of Fidelity from 3 Append. n. 2. Leulin Prince of Wales summon'd to take the Oath of Fealty Leulin Son of Griffin Prince of Wales Dated by the Hand of Walter de Merton then Chancellor and at least a great Assistant to the Guardians on the 29th of November in the First Year of Our Reign but he appeared not sent any answer to the Abbats as by the Return from them and the Constable of Montgomery Castle annexed to the Writ it self is manifest Writs likewise for keeping the Peace in Ireland were Directed 4 Pat 1 Ed. I. Part. 2. M. 20. De Conservatione pacis in Hibernia A Writ for the Conservation of the Peace in Ireland to Maurice Fitz-Maurice Justiciary of that Nation inhibiting all under the Pain of Life and Member and Disheriting That they presumed not to infringe the Publick or King's Peace with Promise to Maintain all People of that Land in their Rights Goods and Estates and do them full Justice against great and small 5 Ib. M. 20. De fidelitate Archiepiscopor Episcop c. Regi facienda With Command to the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freemen of Ireland to take the Oath of Fealty before Commissioners there appointed Both these Records Dated by the Hand of Walter de Merton Chancellor on the 7th day of December at Westminster Besides these they Issued other Writs in the King's Name one for Assessing of 6 Append. n. 3. 4. A Writ to the Sheriff of Surry and Sussex to Suppress the Rabble and Plunderers Tallage dated Jan. 27. and to the 6 Sheriff of Surry and Sussex another to raise the Posse Comitatus for suppressing the Rabble who were up there Plundering Robbing and Murdering the King's Subjects dated the 6th of June both in his First Year so that they took upon them the Whole Administration of the Government in his absence and he was so far pleased with the Proceedings of his Chancellor especially against the Bishop of Carlisle for Excommunicating the Sheriff of Cumberland because he 7 Bundel Brov. 1 Ed. I. n. 14. in the Tower Distreined the Goods of an Abbat in his Diocese for the King's Debt prohibiting him to put in Execution the Excommunication or Prosecute him in Court Christian for that the Correction and Pleas concerning the Transgression of the King's Officers belonged to himself according to the Custom of the Kingdom that he wrote him a Letter of 8 Append. n. 5. Thanks when he was acquainted with them for his Diligence in the Dispatch of his and the Kingdom 's Business Directing and Incouraging him to go on as he had begun promising to Ratifie whatever he should do in Ways of Justice Commanding him not to spare any of what State or Condition foever but to proceed against them by Rigor of Justice if otherwise he could not restrain their Excesses This Letter is dated August the 9th in the First Year of his Reign at Melun upon the River Seyn in France Upon the News of his Father's Death he set all things in order and disposed them as well as he could and came from the Holy Land into Sicily and was received by the 9 Mat. West f. 402. n. 10 20 30 40 50. The King came from the Holy Land into Sicily from thence to Rome and so into France where he did Homage to that King for Aquitan King thereof with great Honour who Conducted him to the Roman Court where he spent some time with Pope Gregory the Tenth his Friend Familiar and Acquaintance in the Holy Land From thence he passed into Burgundy where at the foot of the Mountains some English Bishops Abbats Earls and Barons met him from whence he came into France where he was Honourably received by King Philip the Hardy his Cousin German and did Homage to him for the Hereditary Lands he held of him who thereupon granted him the possession of them After this he took his Leave of the King and Peers of France 1 Ibm.
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
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
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
of the Earls c and by the Earl of Pembroke Monsieur Hugh le Dispencer and Monsieur Nicholas de Segrave Deputed by the King to hear the said Treaty and Report it to him in the manner following 1. First That the Earls and Barons shall come before the King The Articles of Peace between the K. and Barons in Westminster-Hall and with great Humility on their Knees make their Submission and Swear if he will have them That what they did for which he thought ill of and intended to punish them was not done in Despight of him and they shall humbly pray his Forgiveness and receive it with a good Will and shall restore all that was taken at Newcastle upon Tine or other where from Pier de Gaveston whatever it was viz. all his Jewels Horses and other things whatever they were c. 2. The Second Article contains the Statute for the Security of the Earls and Barons their Adherents and Allies which was to have been passed in the next Parlement to be holden on the Third Sunday in Lent with this Title 9 Old Statutes printed A. D. 1540. Ne quis occasionetur pro Morte Petri de Gaveston That no Man be prosecuted for the Death of Peter Gaveston and further That the King should Release and Quit the Earls Barons their Adherents Friends and Allies all Rancor Displeasure Actions Obligations Complaints and Accusations which arose by the Occasion of Peter Gaveston since he married his Dear Companion Isabel Queen of England whether it were for the Taking Detaining or Death of him or the Seizing any Town or Castle or Besieging of them or for bearing Arms or imprisoning any Persons 3. Also it was agreed That if this Security pleased the Earls and Barons and that they would not come to Parlement in their proper Persons they should send their Proxeys with sufficient Power to receive and consent to that Security and also with sufficient Power to consent to a Security to be made in that Parlement for the Adherents to and Receivers of Peter Gaveston which security was treated of and agreed and there recited being the same with the 1 Ibm. Statute having this Title Ne quis occasionetur pro Reditu Petri de Gaveston That no Man be prosecuted for the Return of Peter de Gaveston 4. Also the Treaters agree That in the next Parlement there should be Provision made by the common Assent of the Prelates Earls and Barons that in all Parlements Treaties and other Assemblies in England from that time forward for ever Men should come without Force and without Arms peaceably to the Honour of the King and the Peace of him and the Realm and the three Treaters promised to use their utmost Endeavour with the Earls of Lancaster and Warwick by themselves or Poxey's to consent to this Provision And further it was ordered That no Business should be propounded in this Parlement but the Security's and this Provision nor any come with Arms before the Submission was made which was certainly Done or the Acts of Security had never passed and then they might Treat of other Parlement Matters as there might be occasion 5. Also the Treaters promised That after this Reconciliation was made they would do what in them lay with their whole Endeavour with their Peers That the King should have an agreeable Aid of the whole Realm for his War with Scotland 6. Also the three Treaters complained That the King since the Conduct given for this Treaty to the Lords and their Adherents had caused the Lands and Goods of Monsieur Griffin de la Pole to be seized and also of Monsieur Fouk Lestrange There were to be two Justices not suspected of Partiality appointed by the King to Examine the Matter and do them right 7. Also that the Goods of Monsieur Henry de Percy which were seized by the King be restored by Pledges or Sureties until the next Parlement 8. Also it was agreed on behalf of the King That all Men might safely Pass and Repass through the Kingdom of England or elsewhere for the Dispatch of their Business under his Protection they doing or receiving no Wrong This Conduct and Security to continue until Pentecost next coming and of this the King to grant Letters under the Great Seal To the Earls Barons and their Adherents The Collation of this Indenture was Made and Read in the Year of Grace 1312. on the Wednesday next before Christmas in the Cardinal's Chamber at London in the Presence of the Cardinal the Bishop of Poicters the Bishop of Worcester the Earl of Pembroke and many others In Witness whereof one Part of the Indenture remained with the King and the other Part was given to Master John Waleweyn and Michael de Meldon to be carried to the Earls and Barons The two Securities mentioned in this Treaty were not passed into Statutes as was agreed in the Second Article in the Parlement summoned on the 20th of January in the Sixth of this King to meet on the Third Sunday in Lent nor in the next summoned on the 23d of May next following to meet Fifteen days after the Nativity of St. John Baptist but in that which was A. D. 1313. summoned on the 26th of July in the Seventh of his Reign to meet on Sunday next after the Feast of St. Mathew the Apostle as may be seen in the Old Statutes Printed 1540. Robert Winchelsey Archbishop of Canterbury lived to see the Articles Robert Winchelsey A Bishop of Canterbury dies of this Treaty finished but Dying on the 2 Histor Sacra f. 17. By whose Persuasion the E. of Lancaster opposed the King 11th of May preceding lived not to the passing of these Statutes by whose Persuasion and Encouragement the Earl of Lancaster and Adherents opposed the King in his Folly 3 Ran. Higden Lib. 7. Cap. 41. Thomas Lancastriae ipsius Roberti speaking of this Archbishop animatus hortatu cum sibi adherentibus per plures annos conatus est Regiis obsistere ineptiis The great Opinion the Earl had of this Archbishop or thinking it a great Advantage for a Miracle-worker and Saint to have been a Patron of the Cause he wrote to the 4 Append. N. 59. The Earl of Lancaster wrote to the Prior and Convent of Canterbury for a Particular of the Miracles wrought by Winchelsey Prior and Convent of Canterbury praying them as he had done before to give Testimony some notorious Way and by their Letters Patents what Miracles God had wrought by Robert Archbishop of Canterbury that last was and what he had wrought as well in his Life-time as after his Death and to inform him of the Miracles which were hanged up in writing before his Tomb. Taking advantage of these Dissentions and Controversies in England Robert Brus 5 Buchan Hist f. 80. b. A. D. 1313. Robert Bruce taking advantage of the Dissentions in England reduceth a great Part of Scotland to his Obedience reduced the most Part
do the same The day of the Date and Month of this And promiseth his utmost Assistance Bull are not legible but the year is being the Fourth of his Pontificate which was the 19th of Edward III. Yet this he thought not sufficient to make his Case known to the World but first declaring his Title to the Crown of France the same as when he first claimed it he drew up what he had wrote King Edward again declares his Title to France to the Pope into a Manifesto and publisht it with this Title 9 Rex omnibus ad quod praesentes hae literae pervenerint salutem c. The King to all Men to whom these Letters or this Manifesto 9 Avesbury p. 103. a. c. 48. And put forth a Manifesto or Declaration shall come Greeting c. Which were dated at Westminster the 14th of June in the 19th year of his Reign over England and over France the Sixth Datae 1 Ib. p. 104. b. apud Westmonasterium 14 die Junii Anno Regni nostri Angliae decimo nono regni vero Franciae sexto About Michaelmas following 2 Ib. Du Chesne f. 661 662. He sends an Army into Gascony and takes 47 Towns great and small King Edward sent Henry Earl of Derby Son of Henry Earl of Lancaster with the Earl of Pembroke and Sir Walter Manny into Gascony with a considerable Force where he took the strong Town Bruggerac at the first assault and forty six other Towns great and small which Philip de Valois had injuriously taken and detained from the King of England the last of which was the Town and Castle of Auberoche After which the Earl of Derby with the Earl of Pembroke and Sir Walter Manny retired to Burdeaux upon notice whereof the Earl of Laille King Philip's Lieutenant in Gascogne brought together a great Force and besieged Auberoche To the Relief whereof the Earl of Derby coming he obtained a great Victory and took many Noblemen and great Officers After Easter 3 Avesbury p. 105. a. c. 50. Du Chesne f. 663. D. A. â— 1346. 20 E. III. next year John Duke of Normandy Son and Heir to Philip of Valois besieged the Town of Agâ—illon in Guien in which was a strong Garrison placed by the Earl of Derby and well provided For the relieving of this place and to reinforce King Edward the Prince of Wales and many Noblemen the Earl of Derby King Edward raised an Army and in Person with the Prince of Wales then Seventeen years of Age and many of the Nobility intended to pass into Guien but the Wind being cross and the Weather stormy he was persuaded 4 Ib. Du Chesne Aves by Geoffrey of Harcourt an Outlaw and Exile of France Lord of St. Saviours the Viscount in Constantin in Normandy and one of Land with an Army in Normandy his Marshals to land in Normandy and he did so on the 12th of July being Thursday land at La Hogue What he did after his landing and in his march toward Caen and of his taking of that City and other things Avesbury 5 Ib. p. 105. a. c. 51. hath delivered in a Transcript of the Journal of Michael de Northburg an able Clerk and one of King Edward's Counsellors who went and was with him all the while Where he landed 6 Ibm. What he did there after his Landing for the unshipping of his Horse and refreshing of himself and Army and baking of Bread he stay'd six days While he stayed there a Party went off to Barfleur and burnt the Ships in that Harbour Eight of which had Castles before and behind des queux huit avoient chastiel devant decere After the Party left the Town the Mariners burnt it The first of the King's March was to Valoignes where he stay'd only one night and found sufficient Refreshment From thence he marched to Carenten where were found plenty of Wine and Victuals Much of this Town was burnt notwithstanding the King did what he could to preserve it From hence he marched to St. Lo where the People with some Soldiers seemed to make resistance in this place he found a thousand Tun of Wine besides great store of other Goods Next night he lodged in an Abby and his Army was quartered about him in Field Villages son host as villes champestres entour luy which in Parties made inroads into the Country robbing and destroying five or six miles about every day and burning Towns in many places chivacherent les gentz del host robbantz destruantz cinque od sis lieus environ toutz les jours arderent en plusors lieus Three or four days after his removal from this Abby he came before Caen in which were the Constable of France and the Chamberlain of Tanquerville with a great Force for its defence The King took it by assault with a great slaughter of Knights Esquires and other People and made Prisoners the Constable and Chamberlain with 500 Knights and Six or sevenscore Squires In the Town were found Wine Victuals and other Goods and Chattels without number furent troue en la ville vines victualles autres biens chatieux santz nombre When the King removed from Hoges 7 Ib. in the same Journal Qu. whether not Rothness How he burnt and destroyed the Country there were about 200 Ships stay'd there which sailed to Rothmasse and went on Shore and burnt the Country two or three Leagues lieues within the Land and took much Goods and brought them to their Ships From whence they went to Cherburg a good Town where was a strong Castle and noble Abby all which were burnt as were all things and Towns upon the Sea Coasts from Rothmasse to Hostrem upon the Haven of Caen about Sixscore English miles There were then also burnt Sixty one Ships of War with fore-Castle and hind-Castle ount ars 61 niets de guerre od chastel devant derere with 23 Cayers and other small Vessels of about 30 Tuns From Caen he marched to Poissy upon 8 Avesb. p. 100. c. 54. the River Seyn where he repaired the Bridge that was broken down and passed the River on the morrow of the Assumption of the Virgin Mary or 16th of August after he had defeated several great and strong Parties who came to hinder his passage and killed many of them The Bridges were every where broken down and guarded to hinder his passage so that he could not march very fast and therefore he had time to plunder and ravage the Country to burn most of the good Towns and Villages he past thro or came near as may be seen in Froissard 9 L. 1. c. 122 123 124 125 126. and Du Chesne 1 F. 664 665. At length he came to the River Soam in Ponthieu and Picardy which he passed at a Ford called Blanchtaque between Abbeville and the Sea 2 Avesb. p. 109. a. c. 54. The Battel of
Cressy where was placed an Army to oppose him which he routed killed 2000 and took a great number of Knights and Esquires the rest fled to Abbeville From hence King Edward marched leisurely toward 3 Ibm. Cressy in Ponthieu his Army burning and harassing the Country where the King of France joined Battel with him on Saturday the 26th of August 4 Walsingh f. 166. n. 30. The Victory was obtained by the English There were slain on the French side 5 Avesb. ut supra What Great Men were slain the King of Bohemia the Duke of Lorrain the Earls of Alanson Flanders Lewis of Blois the Earl of Harecourt Geoffry of Harecourt's Elder Brother and his Two Sons the Earls of Albemarl and Savoy the Archbishop of Nismes and Bishop of Sens six German Earls and many other Earls Barons and Lords The 6 Froiss l. 1. c. 130. English Army was ranged in Three Battles the Prince of Wales headed the first the Earl of Northampton the second and the King himself the third 7 Ibm. The King of France fled only with five Barons Sir John of Haynault who had left King Edward's Service Sir Charles of Montmorancy the Lord of Beaujew the Lord Daubery and the Lord Montfort to Bray Castle and so to Amiens On Sunday morning came several 8 Ib. c. 31. The number of the slain Reinforcements and great Bodies of Frenchmen to their King's Army as they thought not knowing what had been done who were all routed many taken and great numbers stain That day in the afternoon King Edward sent to have the dead viewed and numbred 9 Ib. c. 32. In that Battel by Two Barons and Three Heralds At their return to the King they gave him an account of Eleven great Princes Fourscore Banners 't is Froissard's Word Twelve hundred Knights and more than Thirty thousand Ordinary Men. From Cressy the King marched to 1 Avesb. f. 109. b. c. 55. A Parlement called Calais and laid Siege to it on the Third of September Upon his last passage into France 2 Rot. Parl. 20 E. III. n. 6. the King and Lords that accompanied him and also the Great Men of his Counsel that were in England agreed and ordered there should be a Parliament summon'd to meet at Westminster on the Munday next after the Nativity of the Virgin Mary 3 Ibm. The King sâ—nds to inform the Parlement of his success and progress in France To this Parliament the King sent from the Siege of Calais Bartholomew Burghersse John Darcy his Chamberlain Mr. John de Thoresby Keeper of his Privy Seal and John de Carleton to inform them of the State of his Affairs and to propound and declare some things to them in that Parliament that concerned the Honour of God and the Church the Defence and Quiet of the Kingdom of England and his War in France and also other things that were to be done These Letters of Credence or this Commission 4 was dated before Calais on the 4 Ibm. 7th of September and directed to the Arch-Bishops Bishops Abbots Priors Earls Barons and other his faithful Subjects in Parliament aliis fidelibus suis in Parliamento suo c. which when read Bartholomew Burgersse for himself and Companions pur lui pur ses compaignons in presence of the Guardian of England Leonell the King's Son the Prelates and other Great Men there named 5 Ib. n. 7. shewed the Graces God had given to the King to the Great Men and others with him after their landing at La Hogue monstra les graces que Dieu avoit donez a nostre Sir le Roi c. by a short Account of his Progress and Success in Normandy the Battle of Cressy and his besieging of Calais from whence he resolved not to depart until he had taken the Town and that then he would draw toward his Adversary pursue his Quarrel and not return into England until he had ended the War beyond Sea with the help of God 6 Ibm. And to desire an Aid For the accomplishment of which things the said Messengers a queu chose pour faire les ditz messages prierent c. prayed the Prelats Great Men and Commons that they would Treat and Advise about an Aid and Means to perfect that which had been so graciously begun for that by common assent in Parliament at the time when the King 7 Ibm. undertook this War they all promised that they would assist him with their Bodies and Goods to their power touz lui promistrent qils lui eideroient de corps d'avoir a lour poair At the same time they produced an Ordinance 8 Ibm. The Ordinance of Normandy produced in Parlement or Agreement made by the King's Adversary and some Great Men of France and Normandy to destroy the whole Nation of England and the English Language And to put this Design in Execution the Earl of Eu then Constable of France and the Chamberlain of Tankerville were to raise a great Army for that purpose but as it pleased God they were both taken at Caen and many of their Men there killed and taken so as the intended destruction of the English was defeated This Ordinance is 9 Ib. n. 8. enter'd upon the Parliament Roll and there in the Todding called L'Ordinance de Normandie The Ordinance of Normandy 'T is pretty long but the most Material things were That the King of France his Eldest Son John Duke What it was of Normandy as General with the Nobles and others of that Dukedom should pass into England with Four thousand Men at The design to invade and conquer England Arms Knights Esquires and Men of good Estate and Forty thousand Foot And if this Invasion could not be made that year then it was to be the next year and so in any other year at a convenient time during the War Or if this Invasion should not be made the Country of Normandy was to serve him with the same number of Men at Arms and Twenty thousand Foot in any other place where the King Duke or either of them should be in Person It was 1 Ibm. How England was to be divided in case of Conquest also agreed That if by God's assistance England were Conquered the Conquest should be made in the Name and Honour of the Duke and that all that the King of England enjoy'd should be his as King and Lord with all his Rights and Honours And what the Nobles Barons and other Seculars possessed was to be enjoy'd by the Church Barons Nobles and Noble Towns of Normandy que les Nobles les Barouns autres Seculars y on t serra demorra as Esglises as Barouns Nobles as Noble villes de Normandie That the Pope and Church of Rome should safely enjoy what they had without diminution and that whatever had been taken from the Scots by War or otherwise should be restored fully and entirely without delay
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
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
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
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
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 of the Dukedom without delay during the Truce all but 200 Men to guard the Towns and Places the Duke held there The Two Kings to
Person of the Kingdom Males and Females above the Age of Fourteen Years except very Beggers and desire to be excused they could give no greater Subsidy The Issue of Edward III. by Philippa of Haynalt HIS Eldest Son was Edward of Woodstock so called because born 1 Wals Hist f. 130. n. 40. Hypod. Neustr f. 510. n. 50. there June 15. 1329. or 1330. He was Prince of Wales and Married Joan Countess of Kent called for her great Beauty The Fair Maid of Kent She was Daughter to Edmond of Woodstock sixth Son of Edward I. but second by his Queen Margaret Sister to Edmond Son of Edmond of Woodstock and Sister and Heir to his Brother John who both died without Issue 2 Sandf Geneal Hist f. 184 215. She was first Married after the 25th Year of her Age and 26th of Edward III. to Sir Thomas Holland Knight of the Garter and in her Right made Earl of Kent by whom she had Issue two Sons Thomas Earl of Kent and John Duke of Excester He died Decemb. 26. in the 34th of Edward III. 1360. And her Second Husband was William Montague Earl of Salisbury from whom she was in a short time Divorced by Consent With this Lady the Prince fell in Love and was Married to her in the 31st Year of his Age and 35th of his Father's Reign 1361. By 3 Wals f. 180. n. 30. A. D. 1365. her he had first Edward of Engolesm so called because there born who died in the 7th Year of his Age. His second Son by her was Richard of 4 Ibm. f. 181. lin 5. A. D. 1366. Burdeaux so also called because born there succeeded his Father as Prince of Wales and his Grandfather in the Kingdom by the Name of Richard II. William of 5 Hypod. Neustr f. 512. n. 30. Hatfield Second Son of Edward III. born there 1336. in the 10th of his Father's Reign who died very young The Third Son of King Edward and Queen Philip 6 Ibm. f. 513. n. 30. was Livnell born at Antwerp Created Duke of Clarence and Married to Elizabeth de Burgh Daughter and Heir of 7 Sandf ut supra f. 219. 222. William de Burgh Earl of Vlster Lord of Clare Canaught and Trim by whom he had only one Daughter named 8 Ibm. Philippa She was by her Grandfather after the Death of her Father at the Age of 13 Years Married to Edmond Mortimer Earl of March and Lord of Wigmore in the 42d of Edward III. 1368. by whom she had Roger Mortimer their Eldest Son and Heir to both their Honours and Titles who left 9 Ibm. f. 225. Edmond Mortimer his Son and Heir Earl of March and Vlster Lord of Wigmore Clare Trim and Canaught and True Heir to the Crown of England after the Death of King Richard II. He died without 1 Rot. Parl. 39 Hen. VI. n. 18. Issue as also his Brother Roger and Sister Alianor leaving Anne their Sister sole Heiress to her Father Roger Mortimer and Brother to Edmond The Fourth Son of 2 Wals f. 148. n. 10. Edward III. and and his Queen Philip was John of Gaunt born there He was first Earl of Richmond and afterwards Duke of Lancaster He Married Blanch the Daughter and Coheir of Henry Duke of Lancaster with Maud her Sister by whom he had his only Son and Child Henry Earl of Derby Duke of Hereford and Lancaster called Henry IV. King of England After the Death of Maud without Issue he in Right of Blanch enjoyed all the vast Estate of her Father Henry Duke of Lancaster with his Titles and was then in the 36th of Edward III. advanced to the Title of Duke of Lancaster c. Dugd. Baron Tome II. Fol. 115. Col. 1. The Fifth Son of King Edward and Queen Philip was 3 Hypod. Neustr f. 514. n. 50. Edmond of Langley a Mannor near St. Albans in Hertfordshire where he was born by his Father made Earl of 4 Sandf ut supra f. 357. Cambridge and by King Richard II. 6 Ib. f. 358. was Created Duke of York He Married 7 Ib. f. 360. Isabel younger Daughter and Coheir of Peter King of Castile by whom he had Edward his Eldest Son who died 8 Ib. f. 365. without Issue He had also by her Richard Earl of Cambridge called of Coningsburgh a Town of that Name in Yorkshire 9 Brooks Catalogue of Hon. He Married Anne Mortimer above-mentioned by whom he had Richard Duke of York and Earl of Cambridge 1 Ibm. who Married Cecilie Nevil the youngest Daughter of Ralph Earl of Westmerland by whom he had Henry his Eldest Son who died young and Edward his second Son Duke of York and afterward King of England by the Name of Edward IV. William of 2 Sandf ut supra 178. Windsor a second of that Name William was their Sixth Son who died so young as there is nothing memorable left of him The Seventh and Youngest Son of Edward III. and Queen Philip was 3 Ibm. f. 227. Thomas of Woodstock there born Duke of Gloucester He Married Elianor the Eldest of the two Daughters and Heiress of Humphry de Bohun Earl of Hereford c. The Eldest Daughter of King Edward and Queen Philip was 4 Ibm. Isabel Lady Coucy and Dutchess of Bedford Married to Ingelram Lord of Coucy and Earl of Soyssons who by her Father was Created Earl or Duke of Bedford Their Second Daughter 5 Ib. f. 179. Joan had the Title of Queen of Spain she was by Proxy Married to Alphonso King of Castile and Leon and conveyed into that Country and not long after died of the Plague Their Third Daughter 6 Ibm. was Blanch de la Tour so named because born in the Tower of London she died an Infant Mary their Fourth Daughter 7 Ib. Hypod. Neustr f. 516. lin 9. Dutchess of Britan was Wife of John Montfort Duke of Britain in France Margaret their Fifth and 8 Sandf ut supra Youngest Daughter was Wife to John Hastings Earl of Pembroke A CONTINUATION of the Compleat History of England c. King RICHARD the Second KING Edward the Third 1 Rot. Clause 1 Ric. II. M. 45. A. D. 1377. died June 21st Anno Domini 1377 and this young King his Grandchild succeeded him in the Eleventh year of his Age when it King Richards Coronation was agreed he should be Crowned on the 16th of July following John King of Castile and Leon Duke of Lancaster came before King Richard and his Council and claimed as Earl 2 Ibm. Three Offices claimed by the Duke of Lancaster of Leicester the Office of Steward of England as Duke of Lancaster to carry the King 's principal Sword called Curtana on the day of his Coronation and as Earl of Lincoln to be the King's Carver the same day all these Offices he pretended to have in Right of his Wife Blanch then dead and
D. 1398. 22 Ric. II. Commissioners of England and Scotland to take care of the Articles of the late Truce for both Nations met For Scotland Sir William Bortwic Sir John of Remorgny Knights and Adam Forster Esquire For England John Bussy and Henry Green Knights William Feriby Clerc and Laurence Drew Esquire Their Business was to take care of the Release and Exchange of Prisoners that had been taken on both sides since the Truce of Leulingham in the Year 1389. and to regulate the Practices of the Borders on both sides and secure them from Rapin Thefts Robberies Burnings and taking and carrying away Prisoners into either Country during the time of the late Twenty Eight Years Truce between England and France which was effectually done in Eleven Articles The Instrument it self under the Seals of Scots Commissioners in true Scottish Language being with the Under-Chamberlains in the Exchequer in a little Box tituled Scotia About 2 Hypodig Neustr f. 553. lin 5. The Death of the Duke of Lancaster Candlemas next following John Duke of Lancaster died and the King with the Committee that had the Authority of Parlement met at Westminster on Tuesday the 8th Day of March when it was declared That Henry Duke of Hereford 3 Rot. Parl. n. 87 88. after the Judgment given against him at Coventry had procured Letters Patents from the King that during his absence by his Attorneys he might Sue and have Livery of any Lands descended to him and his Homage respited Which Letters Patents were declared to be against Law Whereupon the King by Advice of the Committee and Assent of Parlement Revoked those Letters Patents as also the like Letters Patents made to the Duke of Norfolk On 4 Placâ—â— Coron 21 Ric. II. n. Judgment against Sir R. Plesington the same Day Robert Plesington Knight though dead before was adjudged Traitor for being in the Action with the Duke of Glocester Earls of Arundel and Warwic at Haringey and all his Castles Mannors Lands Tenements Goods and Chattels to be forfeit After which many Bishops and Lords Temporal Sware as follows Which 5 Append. n. 113. The Oath of the Bishops Lords and Knights Judgments Ordinances and Establishments so Made Ordained and Agreed on the said Tuesday the 18th of March and all the Statutes Establishments Ordinances and Judgments Made and Rendred in the said Parlement or at Coventry or otherwhere by Virtue and Authority of the same Parlement firmly to hold and keep as well the Lords Spiritual as Temporal and certain Knights for Counties by Authority of Parlement there being the same Tuesday were Sworn in the Presence of the King upon the Cross of Canterbury de les tenir sustenir de esteer ove ycelles to hold uphold and stand with them without Fraud or Deceit according to the Form and Effect of the Oaths by them made before as contained in the Parlement-Roll The Names of the Bishops Lords and Knights do here follow The Arch-Bishop of Canterbury The Arch-Bishop of York The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Norwich The Bishop of Excester Chancellor The Bishop of Rochester The Bishop of Hereford The Bishop of Salisbury The Bishop of Lincoln The Bishop of St. Asaph The Bishop of St. Davids The Bishop of Chester The Bishop of Chichester The Bishop of Landaff The Abbat of Westminster The Abbat of St. Edmondsbury The Duke of York The Duke of Albemarle The Duke of Excester The Marquess of Dorset The Earl of Stafford The Earl of Salisbury The Earl of Northumberland The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wiltshire Treasurer The Earl of Suffolk The Lord Grey of Ruthin The Lord Ferrers of Groby The Lord Lovell The Lord Camoys Sir John Bussy Sir Henry Green Sir John Russell Robert Teye After this the Chancellor by the King's Command required openly all those that had been Sworn and would observe the Judgments Oath and Ordinances should hold up their Right Hands which was done by all the People in the King's Presence On the 23d of April 6 Placit Coron ut supra n. The Judgment of H. Bowet following the King and Committee that had the Authority of Parlement were at Windsor where Henry Bowet Clerc was brought before them where it was shewn the King That the Duke of Hereford since the Judgment given against him at Coventry had by Petition amongst other things obtained from the King Letters Patents That if any Lands of Inheritance descended or fell to him in his absence for which he ought to do Homage he might by his Attorneys Sue for and have Livery of them and his Homage and Fealty respited Which Letters Patents being granted by Inadvertency without due Advice or mature Deliberation as they ought to have been and being then viewed and diligently examined it was found that they were clearly against the said Judgment because the Duke of Hereford after that Judgment was not a Person capable to have or receive Benefit by the Leters Patents and for that they had been adjudged void as appeared by the Parlement-Roll And therefore because Henry Bowet Clerc had been the Chief Contriver and Manager of the said Petition the King by the Assent of the Committee who had the Authority of Parlement adjudged him Traitor and to be Drawn Hanged Headed and Quartered and all his Lands and Tenements as well in England as Gascony and all his Goods and Chattels to be forfeited But because he was the King's Chaplain he pardoned the Execution of the Judgment and granted him his Life with this That he should be Banished England for ever While these things 7 Hypodygâ—â— Neustr f. 552. n. 50. were doing here there came News from Ireland That Lieutenant Roger Earl of March was there slain by the Irish To Revenge whose Death and subdue the Irish the King levied a considerable Force and went into Ireland with The King goes into Ireland several Bishops and many of the Nobility Toward which Expedition he Raised Money by undue Ways and taking up Carriages Victuals and other Necessaries without paying for them by which and many other Imprudent Rash and Vnadvised Practices he had made himself and Government uneasie to the People The Duke taking advantage of King Richard's absence thinks of coming for England 8 Walsingh Hist fol. 358. n. 10 20 30. The Duke of Hereford lands in England to demand his Inheritance with Thomas Arundel Arch-Bishop of Canterbury and the Son and Heir of the Earl of Arundel and a small Company he took Ship in France and hovering a while about the English Coast to spie whether there were any ready to resist them at length landed at Ravenspur in Yorkeshire where there came into him Henry Percy Earl of Northumberland and Henry his Son Ralph Earl of Westmerland and other Lords so as in a short time he had an Army of 60000 Men They marched speedily to Bristol
and zour own Writing upon which ze made and ordeyned zour Procurators the Ersbysshopp of Zork and the Bysshopp of Hereford for to notifie and declare in zour Name thes Renunciacion and Cession at Westmynstre to all the Stotes and all the People that was ther gadyrd bycause of the Sommons forsayd the whiche was done zesterday by thes Lordes zour Procuratours and wele herde and understonden thes Renunciation and Cession were pleinelich and frelich accepted and fullich agreed by all the States and People forsayd And over this Sire at the instance of all thes States and People there were certain Articles of Defauts in zour Governance redde there and though we le herd and pleinelich understonden to all the States forsayd hem thoght hem so trewe and so notoric and knowen that by the Causes and by mo other os thej sayd and having consideration to zour owne Wordes in zour own Renunciacion and Cession that ze were not worthy no sufficient ne able for to Govern for zour owne Demerites os it is more pleinerlich contened therein hem thoght that wos reasonable und cause for to Depose zowe and her Commissaries that her made and ordeined os it is of Record ther declared and decreed and adjudged zowe for to be Deposed and Pryved and in dede Deposed zowe and Pryved zowe of the Astate of Kyng and of the Lordeship contened in the Renunciacion and Cession forsayd and of all the Dignity and Wyrsshipp and of all the Administration that longed therto And we Procuratours to all these States and People foresayd os we be charged by hem and by hir Auctorite gyffen us and in her Name zelde zowe uppe for all the States and People soresayd Homage Liege and Feaute and all Legeance and all other Bondes Charges and Services that longe therto And that non of all thes States and People fro this tyme forward ne bere zowe Feyth ne do zowe Obeysance os to thar Kyng And he answered and seyd That he loked not therafter but he seyd That after all this he hoped that is Cosyn wolde be good Lord to hym And further to compleat his Design on the 1 Rot. Claus 1 Hen. IV. part 1. M. 37. Dors Summons of Parlement 30th of September he by Information of the Arch-Bishop That by the Acceptation of the Renunciation of King Richard his Cession and Deposition this Parlement was determined issued in his own Name Writs to the Lords and for Elections of Members Knights Citizens and Burgesses of the House of Commons to meet on Monday next following being the Day of St. Faith and all this to be done and Returns made in six Days time So as these were the same Members who had been Summoned by King Richard to meet on the morrow of St. Michael as appears beyond Contradiction from the Writs 2 Append. n. 114. for their Expences which were Dated on the 19th of November the last Day of the Parlement and they were allowed their Expences for Fifty one Days besides the time of coming to and returning from Parlement in which Fifty one Days was included the 30th of September and all the Days between that and St. Faith's Day the 6th of October to make up the Number In this Parlement 3 Rot. Parl. 1 Hen. 4 n. 1. Pronunciation du Parlement or Declaration of cause of Summons The Cause of Summons Summoned and Holden at Westminster by King Henry IV. on Monday the Day of St. Faith which was the 6th of October in the first Year of his Reign sitting on his Royal Seat in the Great Hall at Westminster in the Presence of him and all the Lords Spiritual and Temporal and Commons and many other Gentlemen and Commons in great Number Thomas de Arundel Arch-Bishop of Canterbury declared the Cause of Summons and rehearsed how on Tuesday last past on the morrow of St. Michael King Richard II. after the Conquest summoned his Parlement to be then holden which Summons was of no force or effect by reason of the Acceptation of the Renunciation made by King Richard and the Deposing of him as without doubt he had informed King Henry before he issued his Writs for this Parlement And then proceeds That on the same Tuesday 4 Ibm. n. 2. in Presence of King Henry the Lords Spiritual Temporal and Commons he shewed that this Honourable Kingdom of England being the most abounding Angle with Riches had been a long time Governed by Children and the Counsels of young People so as the Kingdom was in point of Perdition and great Desolation and Mischief mightily to be lamented if it had not been that Almighty God of his Great Grace and Mercy had sent a Knowing and Discreet Man for the Government of the Nation who by the Aid of God will be Governed and Counselled by the Sages and Ancients of his Kingdom for the Aid and Comfort of himself and the whole People And said further That Men ought especially to consider how this Honourable Kingdom could so long continue under such mischievous Government Waste and Destruction which if it had been under Good and Just Government by Sage and Sufficient Counsel as it ought of Right it would have been in Riches Goods and other Advantages the most considerable of any Kingdom in the World 5 Ibm. n. 3. Et sur ceo mesme Lercevesque prist pur son Theame le Parole de Machabeorum primo in disent Incumbit nobis ordinare pro Regno And then the Arch-Bishop took for his Theme the Words in the first of Machabees saying Incumbit nobis ordinare pro Regno 1 Mac. Chap. 6. Vers 57. They are the last Words of a very long Verse and nothing to his Purpose nor what went before or what follows after The English Version is thus The Affairs of the Realm depend upon us But to go on with his Harangue Incumbit nobis ordinare pro Regno cest a dire c. That is to say It is the King's Will to be Counselled and Governed by the Honourable Sages and Discreet Persons of his Kingdom and by their Common Counsel and Assent do the best for the Government of himself and his Realm not desiring to be Governed by his own Will voluntary Purpose or singular Opinion but by Common Advice Counsel and Assent as abovesaid And the same Archbishop said further mesme Lercevesque dit outre There was not such a Kingdom in the World that could live without the Assistance of other Kingdoms so Honourably so Graciously and so Fully si honourablement ne graciousment ne plentiousment as might the Honourable Kingdom of England which God keep safe and maintain 6 Ib. n. 4. And upon this he alledged certain Authority saying Quod inter omnia regna hoc principatum tenet Of all Kingdoms this is the chief and shewed That to the Government of every Kingdom Three things especially were required that is to say Justice The Observation of the Laws And that every Person should rule
and govern himself according to his Estate and Degree alledging many Causes for which this Kingdom ought to be graciously cherished and held in the greatest Honour And said further it was the King's Will to make good these Three things by the help of God and further said That it was the King's Will in especial that Holy Church should have and enjoy all her Liberties and Franchises and that all the good Statutes and Ordinances made in the time of his Noble Progenitors should be firmly observed and kept and that all the Lords Spiritual and Temporal Cities and Burghs and all others should have and enjoy their Liberties and Franchises according to the Grants made by his Noble Progenitors abovesaid And that no Man ought to speak of or Censure any thing done this Parlement for it was the Will of the King in his Faith and Conscience to do equal Justice to all Parts according to the Will Ayd and Grace of God given unto him This was the Arch-Bishops Discourse upon his Theme 7 Ib. n. 5. And then he told the Lords and Commons That on Monday next King Henry by the Grace of God purposed to be Crowned at Westminster for the Performance of which Solemnity Advice and Deliberation ought to be had in divers manners the mean time and therefore on behalf of the King he requested them to continue the Parlement de continuer cest Parlement until Tuesday the Morrow after the Coronation and after that day forward the King would use his Diligence for the Exploit of Parlement que de celle jour en avant mesme le Roy ferroit sa diligence pur lesploit de Parlement that is for the Dispatch of Parlement Business Whereupon by the King's Command Henry Percy Earl of Northumberland and Constable of England asked all the Lords Spiritual and Temporal and Commons if they agreed to the Continuance who severally Examined queux ont severalment examinez agreed to the said Continuance After this follows the Names of the Triers of Petitions in Parlement and the whole Process against Richard the Second tho Transacted on Michaelmass-Day and the day following a Week before this Parlement began as hath been shewn And immediately the 8 Rot. Parl. 1 Hen IV. n 66. The Parlement 21st of Rich. II. annulled whole Parlement of the 21st of Richard the Second with all Circumstances and Dependences thereupon were revoked and annulled for ever And the Parlement holden 9 Ib. n. 67. The Parlement of the 11th of Richard II. confirmed in the Eleventh year of King Richard the Second was revived and confirmed to be kept according to the effect and purport of the same as being for the good and common profit of the Kingdom pur le bien comune profit du Roialme The Lords and others 1 Ib. n. 68. The Lords and others Judged 21st of Rich. II. restored c. and their Heirs c. that were fore-judged in the 21st of Richard the Second are restored to the same State and Condition they were in at the time of their Judgments given Upon 2 Ib. n. 71. Henry's Eldest Son made Prince of Wales and Heir of the Crown the Motion of the Arch-Bishop of Canterbury the Lords and Commons having severally been asked about the King's Eldest Son answered and assented That Henry his Eldest Son should be made Prince of Wales Duke of Cornwall and Earl of Chester and also if his Father should dye he being alive they would accept him as Right Heir of the Kingdom and Crown and obey him as their King and Liege On Thursday the 23d of October 3 Append. n. 115. the Arch-Bishop of Canterbury on behalf of the King charged all the Lords Spiritual and Temporal and all others there being upon their Allegiance that what should be then spoken or propounded should be kept secret and no ways discovered to any Man living and then it was demanded by the Earl of Northumberland for the security of the King and all the Estates of the Kingdom what should be done with King Richard to keep him in safe-guard saving his Life which the King would have done by all means To which Question all the Lords Spiritual and Temporal whose Names do there 4 See Appen as above King Richard ordered to be imprisoned follow being severally Examined answered it seemed to them he should be put into safe and secure Guard and in such a Place where there was no Concourse of People and that he be kept by sure and sufficient Persons and that none that had been Servant to him should be about his Person and this should be done in the most secret manner that might be Upon propounding this Question Thomas Merks Bishop of Carlisle gave his Reasons against these Proceedings in the following The Bishop of Carlisle's Speech thereupon Speech as it is to be found in the First Part of Sir John Hayward's 5 P. 100 101 102 c. The Speech Life of Henry the Fourth Printed at London 1599. This Question Right Honourable Lords concerneth a Matter of great Consequence and Weight the determining whereof will assuredly procure either safe Quiet or dangerous Disturbance both to our particular Consciences and also to the Common State Therefore before you resolve upon it I pray you call to your Considerations these Two things First whether King Richard be sufficiently Deposed or no Secondly whether King Henry be with good Judgment or Justice chosen in his Place For the first Point we are to Examine Whether a King being lawfully and fully instituted by any just Title may upon imputation either of Negligence or of Tyranny be Deposed by his Subjects Secondly What King Richard hath omitted in the one or committed in the other for which he should deserve so heavy Judgment I will not speak what may be done in a Popular State or in a Consular in which although one beareth the Name and Honour of a Prince yet he hath not Supream Power of Majesty but in the one the People have the highest Empire in the other the Nobility and Chief Men of Estate in neither the Prince Of the first sort was the Commonwealth of the Lacedemonians who after the Form of Government which Licurgus framed often-times Fined oftentimes Fettered their Kings and sometimes Condemned them to Death Such were also in Caesar's time the Petty King 's of every City in France who were many times Arraigned upon Life and Death and as Ambiorix Prince of Leodienses confesseth had no greater Power over the People then the People had over them Of the second Condition were the Roman Tranquil in Caligula Tacitus in prooemio Emperours at the first of whom some namely Nero and Maximinus were openly condemned others were suddenly surprized by Judgment and Authority of the Senate and such are now the Emperours of Germany whom the other Princes by their Aristocratical Power do not only restrain but sometimes also remove from their Imperial State Such are also
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
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
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
His Grants in Parlement repealed Fol. 397 C He is appealed of High Treason Fol. 405 A His Death at Calais Fol. 408 B Is adjudged a Traitor Fol. Ib. D His Confession before his death Fol. 409 D Godfrey of St. Omar Founder of the Order of the Templars Fol. 165 A Gournay Tho. one of the Keepers and Murderers of Edw. II. Fol. 164 C Judgment against him for the same Fol. 191 A Grievances of the Kingdom presented Fol. 57 D 58 Guardians of the Kingdom who Fol. 1 D They proclaim the King's Peace Fol. Ib. They do the same for Ireland Fol. 2 A Their Writ to assess Tallage and suppress Tumults Fol. Ib. C Guines surprized by the English Fol. 248 C Guy Earl of Flanders his Alliance with Edward I. Fol. 42 A H. HAles Sir Robert Beheaded by the Rebels Fol. 346 C Haynault Earl of furnisheth Queen Isabel with Ships and Forces Fol. 154 D Haxey Thomas his Bill in the House of Commons against the King's Royalty Fol. 396 A Is adjudged a Traitor Fol. Ib. D Hereford Henry Duke his Submission to King Richard Fol. 403 E He accused the Duke of Norfolk Fol. 404 F The Schedule of his Accusation Fol. 413 B The matter contained in it to be determined by Duel Fol. 414 D The King prevents the Battel and banishes him Fol. 415 B C He lands in England Fol. 419 B The Nobility and People join him Fol. Ib. C D His Obeisance to King Richard and Reception at London Fol. 420 A He claims the Crown Fol. 432 D His Speech to the Lords and Commons Fol. 433 D He summons a Parlement in his own Name to be returned in six Days Fol. 435 E His Eldest Son made Prince of Wales Fol. 438 A His Followers and Confederates pardoned Fol. 452 A Adam Bishop See Adam Nicholas a Professor of Divinity in Oxford a Wiclivite Fol. 459 F The Proceedings against him Fol. 460 461 Higden Ran. his Character of the Earl of Lancaster Fol. 139 C Holt Sir John impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Hugo de Paganis one of the Founders of the Order of the Templars Fol. 165 A Hungerford Tho. Speaker of the Commons prays the reverse of several Impeachments Fol. 306 E I. JEws hanged for Clipping and Coining Fol. 8 C Maintenance allowed to the Converted Fol. Ib. The Obstinate are Banished Fol. 9 A John Duke of Bretagne died without Issue Fol. 224 The Competitors for his Dukedom Fol. Ib. C King of France Crowned Fol. 247 F He is Overthrown by Edward the Prince of Wales Fol. 257 He and his Son Philip taken Prisoners Fol. Ib. E They are brought to London Fol. 258 D And sent to the Tower Fol. 261 F He agrees to a Peace with Edward III. Fol. 262 E His return into England Errand and Death there Fol. 283 B Isabel Queen to Edward II. denied entrance into Leeds-Castle Fol. 134 A She writes to the Pope to Saint the Earl of Lancaster Fol. 138 E F She built a Chapel on the Hill where he was Executed Fol. 140 A She obtains Leave to get into France Fol. 148 E Her Excuse to the King for staying there Fol. 149 150 She takes Mortimer into her Service Fol. Ib. D Her Behaviour towards the King Fol. 152 A She leaves France and goes to the Earl of Haynault Fol. 154 A She lands at Harwich and is joined by the Nobility Fol. Ib. E F The Increase of her Army and her Cause carried on by false Reports Fol. 155 C D Her Care of Holy Church Fol. 157 E She takes Bristol and marches into Wales to find out the King Fol. 158 C D She held a Parlement with the Prince her Son Fol. 161 B Her seeming Sorrow for the King her Husband Fol. 163 A She and Mortimer hath the whole Government Fol. 186 A K. KEnt Edmund Earl of Vncle to Edward III. adjudged to death in Parlement and for what Fol. 185 D His Son restored to his Blood and Lands Fol. Ib. F Kilwardy Robert Elected Arch-Bishop of Canterbury without the King's Licence Fol. 93 B His Election protested against Fol. Ib. E Knights Four summoned for every County Fol. 10 B Knivet Sir John Chancellor his Declaration in Parlement of the Necessities of Edward III. Fol. 293 294 296 A Knolls Sir Robert Ravages and Burns the Country about Paris Fol. 290 A His great Care to suppress Tumults Fol. 361 A L. LAncaster Thomas Earl of resolved to defend Holy Church Fol. 114 E He demanded Gaveston of King Edward II. Fol. Ib. F He marched after the King and Gaveston Fol. 115 A A great Admirer of Robert Winchelsey Arch-Bishop of Canterbury Fol. 119 D He refused to serve the King against the Scots Fol. 120 A Is made Chief of the Council to Edward II. Fol. 122 E And General of the Army against the Scots Fol. 123 C The Agreement between him and the King Fol. 124 C He joins with the Earl of Hereford Fol. 134 F Is taken Prisoner Condemned and Executed Fol. 135 B Miracles done by him after his Death Fol. 136 A His Image adored at St. Paul's Fol. 138 A Queen Isabel writes to the Pope to Saint him Fol. Ib. D E The Arch-Bishop of Canterbury doth the same Fol. 139 A His Character by Higden Fol. Ib. C D Henry his Son shews Compassion to Edward II. Fol. 164 B His Submission to Edward II. and Queen-Mother Fol. 185 B He died of the Plague Fol. 282 D John Duke made Governour of Acquitain Fol. 290 C His Title to the Kingdom of Castile Fol. 292 A Is made the King's Lieutenant in France Fol. 295 A His ill Conduct in his Army Fol. Ib. C The three Great Offices he claimed at King Richard's Coronation Fol. 326 C His Retirement from Court Fol. 327 A His Challenge to his Accusers Fol. Ib He is chosen Head of the Committee for the Assistance of the Commons Fol. Ib. He sets out a Fleet and is beaten by the Spaniards Fol. 134 A B His Expedition against the Scots Fol. 342 F He concludes a Truce with them Fol. 350 F The Quarrel between him and Northumberland ended Fol. 351 A His Proposals to go into â—pain Fol. 355 A His Expedition against the Scots unsuccessful Fol. 361 B He is accused of Treason by a Fryer Fol. Ib. D His extravagant Expences in France Fol. Ib. E His Voyage into Spain and Claim of that Crown Fol. 364 C He is created Duke of Aquitain Fol. 392 C The Earl of Arundel asks his Pardon in full Parlement Fol. 394 A He is made Lord High Steward at the Trial of the Earl of Arundel and others Fol. 407 A He was First Commissioner in the Judgment given against his Son Henry Duke of Hereford 415 426 in the Margin Latimer impeached by the Commons Fol. 301 F Laws made in the First Purlement of Edward I. Fol. 4 C
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
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
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
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
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
the College declared an Infidel Cursed and Condemned and Henry the Bastard Legitimated and made capable of Receiving the Kingdom 9 Froys ib. The Kings of France and Arragon make War against Peter and drive him out of his Kingdom By this Encouragement the Kings of France and Aragon made War upon him and sent under the Command of Bertrand du * Guesclin the Famous Commander of the Companions a great Body of those Men and a great Number of other Voluntiers under excellent Officers to assist the Bastard Henry against Peter who drove him out of his Kingdom Peter applies himself to the Prince of Wales 1 Ibm. c. 231. A. D. 1366. He applies himself to the Pr. of Wales who undertakes his Quarrel who sends into England to his Father and by his Advice and the Concurrence of the Gascon Lords undertakes his Quarrel upon Condition of Payment of his Men and that the King of Navarre would permit them to pass through his Country 2 His Brother the Duke of Lancaster came to his Assistance out of England and with as many Companions as he could gather up under the Command of Sir Hugh Caverly and others the Gascons and Forces his Brother brought with him he enters Castile 3 Ib. c. 234. Beats Henry The March Number of Men and Chief Commanders are described and named by Froisard on Saturday April 3. 1366. The 4 Ib. c. 237 238. and restores him Battel was fought between Navar and Navaret in Spain where Henry the Bastard received a total Rout and Peter was restored to his Kingdom Some time after the Battel 5 Ib. c. 239. f. 142. The Pr. sends to K. Peter for Pay for his Soldiers and could not get it the Prince sent to King Peter for Pay for his Soldiers who excused himself and let him know his People could raise no Money so long as the Companions were in the Country and that they had three or four times robbed his Treasurers coming to him with Money and therefore desired him to send them away The Prince not being well 6 Ibm. The Pr. not being well returns with his Army into Aquitan nor the Air of Spain then thought to be infectious agreeing with him or his Army he was advised to return to Aquitan and Order was given accordingly Upon his return he promised the Army to pay them so soon as he got Money though King Peter had not kept his Promise The Gascon Lords went to their own Homes the 7 Ib. c. 240. Companions kept together expecting their Wages and exercised their Trade of Robbing and Plundering The Prince desired 8 Ibm. The Companions rob and spoil the Country them to leave his Country it not being able to sustain them Some staid others that would not displease him marched towards France under English and Gascon Officers passed the River Loire and went into Champagne where their Numbers encreased much and they were so strong as none dare encounter them though many Complaints had been made to the King of France concerning them They harassed the Countries where-ever they came and the 9 Ibm. People wondered the Prince of Wales should send them thither to make War * So Mezeray Froysard Clâ—squi Walsingham Cleikin others Clequin and Guesciline Who wanting Money to pay his Debts contracted by the The Pr. wants Money Spanish Expedition and his own Expences and in some measure to satisfie his Soldiers and Military Men he was advised 1 Ib. c. 241. to call together the Bishops Abbats Barons and Knights of Aquitan at Niort where Chimney-Money was propounded and urged by Chimney-money propounded Many dissatisfied about it the Bishop of Rhodes Chancellor of Aquitan a Frank upon every Chimney Some consented to it others dissented but the main Answer was They would consider and advise about it and then departed 2 Ibm. Yet it was exacted The Prince commanded them to return at a Day assigned Many returned not nor would suffer Chimney-Money to be paid 3 Ibm. against the Advice of some of his Council He rigorously exacted the Collection of it Sir John Chandos one of the Chief of his Council advised him to the contrary but seeing he could not prevail left him pretending Business in Normandy at his own Estate St. Saviours le Vicount where he abode six Months In the mean time 4 Ibm. Many Great Men of Gascon complain to the King of France of the Oppressions of the Pr. of Wales the Earl of Arminac the Lord d'Albret the Lords Gomenges Pincornet and divers other Barons Prelates Knights and Esquires of Gascon made great Complaints and appealed to the French King as their Superious Lord to whose Court was as they affirmed the last Resort for maintaining their Liberties and Franchises against the Oppressions and Evil Usages of the Prince of Wales 5 Ibm. The King of France Summons him before him in his Chamber of Peers He managed them cunningly giving them such Answers as satisfied them at present yet knew not his meaning until he had covertly prepared for War and then he sent a 6 Ib. c. 243. Du Chesue f. 699. D. A. D. 1369. The Prince his Answer Summons to the Prince of Wales upon their farther Instance Dated January 25. at Paris to appear there before him in his Chamber of Peers and do the People Right according to their Complaints His Answer was That if he must come he would attended with Sixty thousand Men. This Summons was soon after followed with a Defiance 7 Froys e. 246. Du Ches f. 700. D. The King of France desies the King of England Invades Ponthicu and Aquitan sent to the King of England and the Invasion of Ponthieu and Aquitan The chief Reasons why the French King began the War again with England were besides the above-mentioned a pretended 8 Du Chesne f. 693. B C. The Reason of this War Agreement the Two Kings should make at Bologne on the 26th of October 1360. when the Treaty at Bretigny had been corrected and confirmed by them both by which it was accorded That whereas for some Difficulties which then hapned the Renunciations to be made at Calais could not be perfected both Kings in the Year following should send their Deputies to Bruges to be there on the Feast-Day of St. Andrew bringing with them the Treaty of Peace and Renunciations in Letters Patents Sealed with their Seals And until that time they should be of no effect And that to the King of France should remain the Resorts and Soveraignties as before 9 Ibm. That if any of the Subjects of one Party or the other should contravene the Peace exercising Robbing and Killing Pillaging Burning or Taking or Detaining Fortresses Persons or Goods in one Kingdom or the other upon the Subjects Adherents or Allies and should not cease or make Reparation within one Month after Demand From thence they were to be holden as Banished both Kingdoms Guilty of
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