claim the Crown of France Fol. 198 E F The Alliances he made in order to it Fol. 199 He appoints Commissioners to Treat of his Right Fol. 200 B He Constitutes the Duke of Lorrain Vice-Roy of France Fol. 1b C He is made Vicar-general of the Empire Fol. 201 D His Title to the Crown of France Fol. 1b F He enters the French Dominions Fol. 202 C He acquaints his Parlement with it and demands an Ayd Fol. 203 A His Debt to his Allies Fol. 204 C An Ayd granted to clear it and the Commons Request to him Fol. 1b D E His great Victory over the French Fleet Fol. 205 C His Letter to his Parlement for more Money which was granted Fol. 206 A E He Besieged Tournay and Challenged Philip of Valois Fol. 207 A B He concludes a Truce Fol. 208 B C At his return into England he sent several of his Council to Prison Fol. 209 E He is reproved by the Arch-Bishop of Canterbury Fol. 210 D His Letter concerning the Arch-Bishop and his Crimes Fol. 212 E His Letter answered and called a Libel by the Arch-Bishop Fol. 215 B His Reply to the Arch-Bishop's Defence Fol. 218 B He presses for further Supplies Fol. 219 D His Answer to the Statutes and Conditions Fol. 220 A His Revocation of them confirmed in Parlement Fol. 222 C He refused the Emperor's Mediation for a Peace Fol. 223 E F He received the Homage of John Earl of Montfort for the Dukedom of Bretagne Fol. 224 E He Married his Daughter to the Duke's Son Fol. 225 E He enters Bretagne with an Army Fol. 226 A He agrees to a Truce with France for 3 years Fol. Ib. D He acquaints his Parlement with it and their Agreement to it Fol. 227 228 He appoints Commissioners to Treat of Peace without effect Fol. 229 A His Parlement prays an end of the War and grant an Ayd Fol. 231 E He again sent Defiance to Philip of Valois Fol. 232 C He Complains to the Pope against him and the Pope's Answer Fol. Ib. E F 233 C The Success of his Arms in Gascoigny Fol. 235 E He and his Son Prince Edward land in Normandy Fol. 236 A His great Successes there Fol. Ib. B c. His Victory over the French at Cressy and the Number slain Fol. 237 B c. His Answer to the Commons Petition in Parlement Fol. 240 A He beats the French Army and takes Calais Fol. 242 C D His Vsage of the Calesians Fol. Ib. E 243 A He agrees to a Truce Fol. 243 B The Number of his Army and their Pay Fol. Ib. C He refused the Offer of the Empire Fol. 255 F He prevents the betraying of Calais Fol. 246 D His Vsage of the French Prisoners Fol. Ib. E He Institutes the Order of the Garter Fol. 247 His Title to France set forth in Parlement Fol. 248 E He offered Terms of Peace to the French Fol. 252 His readiness to Remedy his Subject's Grievances Fol. 250 251 His Agreement to Peace refused by the French Fol. 253 A B 261 D His Expedition into France Fol. 254 F His Army wast and destroy the French Country Fol. 262 A He concludes a Peace with France Fol. Ib. C D The Articles of the Peace Fol. 263 c. He sent his Commissioners to take possession of what was granted him by the Peace Fol. 278 F Some French Lords refuse to become his Subjects but are forced to it Fol. 281 His Kindness to the French Hostages Fol. 283 A He assumed the Title of King of France by the Advice of his Parlement Fol. 287 E His Offer to such as would Maintain his Title Fol. 288 B His Letter of Indemnity sent into Aquitain Fol. Ib. D His Voyage into France unfortunate Fol. 293 A B He sent Assistance to his Son Prince Edward Fol. 289 C His Answer to the Commons Petition Fol. 292 A His Fleet beaten nigh Rochell Fol. Ib. D His Town in Aquitain Revolt Fol. 297 D He agreed to a Truce with the French King Fol. 298 A His Answer to the Commons and Londoners Petitions Fol. 302 303 305 306 His Death Fol. 308 B His Issue by Queen Phillippa Fol. 323 Prince Edward Eldest Son to Edward III. made Guardian of England Fol. 204 F His great Victory over the French at Cressy Fol. 237 C He prevents the betraying of Calais Fol. 246 C His Expedition into France and his Success Fol. 255 E His Victory over the French at Poicters Fol. 257 His Civilities to King John and his Son Philip Fol. 258 A He is made Prince of Aquitain Fol. 282 E He ayds the King of Castile and restores him Fol. 284 C His Illness and return to Aquitain Fol. Ib. D His Necessities for want of Money Fol. 285 A The Complaint of the French Nobility against him Fol. Ib. B His Answer to the French King's Summons Fol. Ib. D He taketh Limoges by Storm Fol. 290 A He returns ill into England Fol. Ib. B His Death Fol. 302 C Ellys William impeached for Extortion Fol. 302 B England's Superiority over Scotland Fol. 35 B How to be divided if Conquered by France Fol. 238 F English Women imitate the French in their Apparel Fol. 246 A F. FItz-Alan Richard Earl of Arundel Admiral of the English Fleet Fol. 367 D He takes above 100 of the Enemies Ships Fol. Ib. E Is one of the Appellant Lords Fol. 371 C Flint Castle when and by whom built Fol. 7 A French King's Charge against King Edward I. Fol. 38 D He seized on Gascony Fol. Ib. F He provides to invade England Fol. 39 D Fulthorpe Sir Roger impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A G. GArter See Order Gascony restored to King Edward I. Fol. 77 C Gaston Vicount Bearn refused his Homage to Edward I. Fol. 3 A Gaveston Piers his Familiarity with Prince Edward Fol. 91 F Is banished by the King Fol. 92 A His return into England and is made Earl of Cornwal and Lieutenant of the Kingdom Fol. 100 D E His Destent and Marriage with the King's Neece Fol. 101 B Is made Lieutenant of Ireland Fol. Ib. E The Nobility contrive to destroy him Fol. Ib. F He fled out of the Kingdom and is recalled Fol. 112 D He yields himself to the Lords Fol. 115 D He is Executed without Judgment Fol. 116 A Gloucester Thomas Duke with other Lords march with great Forces towards London Fol. 368 A Their Letter to the Mayor and Sheriffs Fol. Ib. B C Their Approach to the King with the manner of their Address and Reception Fol. 369 A B C They are excused by Proclamation yet march on towards London Fol. Ib. F The Keys of the City-Gates delivered to them Fol. 370 A They go to the King and obtain what they asked Fol. Ib. B C He offers to purge himself and is declared Guiltless Fol. 371 A His desire to have 1000 l. per Ann. settled on him by the King Fol. 392 F
Governor of St. Omers 8 Froysard lib. 1. c. 150. made a Bargain with Sir Amery de Pavy an Italian or Lumbard 9 Du Chesne £ 669. C. D. and f. 670. A B. The betraying of Calais Governor of Calais for 20000 Crowns to betray the Town to him of which King Edward having notice came privately thither the night or very evening the delivery was agreed on with the Prince of Wales and several Earls and Barons and lodged himself in the Castle to secure it with the Men he brought with him The Money was brought and paid and Twelâ—e Knights and an Hundred Men at Arms were let into the Castle who were all Prevented by the King and Prince of Wales made Prisoners by the King's Guards within it who lay undiscovered Sir Geofrey was under the Town with a considerable Force placed near two Gates ready to enter it when they should be opened But the mean time the Prince of Wales went forth at one Gate and the King at the other concealed under the Banner of Sir Walter Manny and fought on Foot among the common Soldiers and was engaged with the Lord Eustace of Rybemont a valiant Person who struck the King twice to his Knees yet at last Many Frenchmen of Note made Prisoners was overcome by him and made his Prisoner with Sir Geofrey de Charny and many other Frenchmen of Note The Prince likewise prevailing against the Party he engaged with and there were slain and drowned about 600 French who were double the number to the English that sallied out of Calais upon them The very evening of this day 1 Froysard c. 152. The King Treats the Prisoners and his own Nobility with a Supper the King ordered a great Supper to be provided as well for the Prisoners as his own Nobility and coming in amongst them took a Chaplet of Pearls from his own Head and placed it upon the Head of Sir Eustace of Rybemont as one that had deserved best of all Men in the Morning Action and forgave him his Ransom Froysard says this Action was done upon the 31st of December 1348 the 22d of Edward the Third and Walsingham placeth it in the year 1349 which was in the same year of the King but the difference is inconsiderable for they both begin the year on the first of January And Walsingham following Robert de Avesbury reports it to have been on the 2d of January which was indeed according to this Account in the year of our Lord 1349. The King discharged 2 Rot. Fran. 22 Edw. III. M. 1. Sir Amery de Pavy of the Government of the Town and put in Sir John Beauchamp This year the Plague first began in Dorsetshire about the first A great Plague in England of August and spread it self all over the Nation and continued until Michaelmass twelvemonth after it was so great in both years as a 3 Rot. Clause 22 Edw. III. Part 2. M. 7. Dors Parlement being summoned it was twice prorogued 4 Ib. M. 3. Dors Rot. Clause 23 E. III. Part 1. M. 19. Dors for that reason and at last respited and deferred until new Summons This was a general and horrid Plague it began in the Kingdom of Cathay A. D. 1346 by a most horrible stinking Vapour which broke out of the Earth like a Subterraneal Fire and consumed a great part of the Country and infested the Air. 5 Mezeray f. 369. From Cathay it passed into Asia and Greece from thence into Africa and afterwards into Europe and so into France and England By reason of this Plague there is scarce any thing remarkable reported to have been done in the last year thereof 1349 in either Kingdom which was the 23d of Edward the Third Yet Mr. Ashmole 6 F. 185. c. 5. Sect. 3. The Institution of the Order of the Garter in his Institution Laws and Ceremonies of the most Noble Order of the Garter would fix the Institution of the Order this year and seems to assert That the first great Feast of St. George was this year celebrated which is scarce probable for the Writ by which the Parlement that was to meet fifteen days after Easter 7 Rot. Clause 23 Edw. III. Part 1. M. 19. Dors was prorogued until new Summons because of the Raging Pestilence in the Nation is dated March the 10th preceding Easter-Day this year falling on the 9th of April and the Quinden or fifteenth of Easter being the 23d or St. George's-Day it cannot be thought that this great Solemnity to which the King sent his Heralds into Germany France Scotland Burgundy Haynault Flanders and Brabant to invite all Knights and Esquires to come and shew their Military Skill and Valour in all kinds of Feats of Arms when the Parlement was put off from meeting on that day until new Summons by reason of the Mortal Pestilence then raging as 't is expressed in Writ However this famous Order might then be instituted the Modal of it contrived and the Statutes made to adorn Martial Virtue and to increase and confirm Faith Honour and Courage in the minds of the Nobility which were then the true Endowments Practice and Badges of Military Men by the observation and performance whereof they truly acquired a great Name and Reputation as the only Men of Trust and Fidelity and not to do Honourably Justly Stoutly and Faithfully was by them esteemed the greatest Blemish Villany shame and Dishonour imaginable Of this glorious Order I shall write nothing further but leave the Reader to the perusal of the Excellent Laborious and Learned Work of Mr. Ashmole The next year 8 Avesbury p. 120. 〈…〉 74. A. D. 1350. Sir Thomas Dagworth slain Sir Thomas Dagworth the King's Lieutenant in Bretagne with a small number as he was used to do in the month of July going from place to place to visit the Garrisons was surpised by an Ambush of French and after a brave Defence killed as were most with him or made Prisoners In August following about the Feast of St. Laurence or 10th of that month 9 Ib. c. 75. as Avesbury or according to 1 F. 370. Philip King of France diâ—â— his Son John Crowned Mezeray on the 22d thereof Philip King of France died and his Eldest Son John was Crowned at Rheimes on the 26th of September following Walsingham f. 170. n. 50. falsely as appears from the Parlement Rolls hereafter cited placeth the death of King Philip in A. D. 1355 and 29th of Edward the Third The Spaniards 2 Avesbury ut supra c. 76 77. The Spaniards take many English Their Fleet beaten by the English the year before came toward Burdeaux with a great Fleet of Ships and took many English Ships coming from thence laden with Wine and killed all the Men. And this year they came upon the English Coast The King suspecting it was to waste burn and rob the Country near the Shore fitted out a Fleet taking with
Forfeiture he ought to do If the 4 Ib. n. 52. Suggestion of a Bill in Chancery was not true the Chancellor had Power given him to award Damages at his Discretion See Stat. at Large 17 Rich II. Cap. 6. In the Eighteenth of his Reign the * Knighton's Col. 2742. n. 10. Walsingh f. 351. lin 2. The King went into Ireland with an Army King about Michaelmass went with an Army into Ireland to subdue the Irish who were then in Rebellion and with him went the Duke of Glocester the Earls of March Nottingham and Rutland The Duke of York Guardian of the Kingdom in his absence * Rot. Clause 18 Ric. II. M. 23. Dors A Tenth and Fifteenth given called a Parlement to meet Fifteen days after St. Hillary to Consider of the Prosperous and Happy Government of Ireland and to that purpose sent the Duke of Glocester over into England to procure Money from the Parlement and the Lords and Commons * Rot. Parl. 18 Ric. II n. 6. A. D. 1395. The King settled Ireland granted to the King a Tenth and Fifteenth for the Conquest of that Country and in May next following having settled that Nation and left the Earl of March Deputy returned into England In the Twentieth of King Richard in the Parlement 5 Ib. 20 R II. n. 14 15 16. The Commons frame certain Articles against the King's Royalty and Liberty The Speaker charged to tell who brought in that â—â—â—l holden on the Feast of St. Vincent or 22d of January the Commons had framed certain Articles in a Bill as the King told the Lords he was informed against his Royalty and Liberty such as his Progenitors enjoyed which he was Resolved to uphold and maintain and Commanded the Lords Spiritual and Temporal to let the Commons know it and Commanded the Duke of Lancaster to Charge Mr. John Bussy the Speaker upon his Allegiance to tell who brought in the Bill That which moved and troubled the King therein was about the Expences of his House and the Bishops and Ladies that frequented the Court. The Commons made their Excuse and Submission to the King in manner following On Saturday the Morrow of the Feast of Candlemass 6 Ib n. 16. The Commons deliver the Bill to the Lords the Lords Spiritual and Temporal were with the Commons and shew them the Will and Command of the King and they delivered the Bill to the Lords and the Name of him that brought it to them to wit Thomas Haxey Which Bill was afterwards delivered Thomas Haxey brought the Bill into the House of Commons to the Clerk of the Crown by the Clerk of the Parlement by the King's Command and presently after the Commons came before the King in Parlement by his Command and there with all Humility and Obedience they could shew great Grief as appeared by their Countenances for that the King had taken such conceit against them Humbly praying the King to hear and accept The Commons Excuse and Submission their Excuse That it never was their Intent or Will to speak shew or do any thing which should be an Offence or Displeasure to his Majesty nor against his Royal Estate or Liberty and especially about this Matter touching his Person and the Government of his House or about the Lords and Ladies in his Court nor of any other Matter that touched himself knowing well that such things do not belong to them but solely to the King himself and his Ordering and that their Intention was for the great Affection they bare to the King as faithful Lieges That the Lords might pray the King to consider his Honourable Estate and do concerning it what he pleased And upon this the Commons submit themselves to the King's Will and Favour humbly praying his Royal Majesty to have them Graciously Excused being always ready to save his Royal Estate and Liberty and to perform in Body and Goods as Loyal Lieges are bound what shall be for the Honour and Safety of his Royal Majesty Whereupon 7 Ib. n. 17. The King fully Excuseth them the Chancellor by Command of the King told the Commons That upon his Royal Benignity and Gracious Seignoury he had them fully Excused On Wednesday after Candlemass Thomas Haxey Clerc was in Parlement Thomas Haxey Judged a Traytor Judged to 8 Ib. n. 23. Death as a Traytor and soon after Sentence the Arch-Bishop of Canterbury Thomas Arundel and all the other Prelates came before the King in Parlement with great Humility and made full Protestation That their intire and full Intention was and always should be That his Royal Estate and Royalty should be always saved and preserved without diminution 9 Ibm. The Arch-Bishops and Bishops make Protestation the King's Royalty ought to be preserved They beg the Life Body and Custody of Thomas Haxey which were granted them Et maintenant apres de Juggement rendu devers Thomas Haxey Clerc en Parlement a la mort come traitour viendrent avant le Roy en Parlement ovek grant humilite Lerceveque de Canterbris touz les autres Prelates firent plein protestation que lour entier plein intention â—est tout dis serraque le Royal Estate Regalie du Roy soit tout dis savez Gardez sanz Blemissement And then they pray the King to give them the Life of Thomas Haxey and the Custody of his Body not as of right belonging to them but of his special Grace Both which the King granted The King by assent 1 Ib. n. 40. and Stat. at Large 20 Rich. II. Cap. 6. Sir Robert Belknap c. called out of Ireland of the Lords Spiritual and Temporal and the Commons of his Special Grace granted to Robert Belknap John Holt and William Burgh Knights Banished into Ireland that they might return into England and practise Law there without impeachment notwithstanding the Statute made in the Eleventh year of the King's Reign saving always against them all the other Points contained in the Statute In the 21st of King Richard's Reign 2 Clause 21 Rich. II. Part 1. M. 27. Dors he summoned a Parlement A Parlement summoned to meet on the Monday after the Exaltation of Holy Cross or 14th of September It was made into a 3 Stat. at Large 21 R. II. Cap. 1 Holy Church the Lords and all Comonalties to enjoy their Liberties and Franchises Statute this Parlement That Holy Church the Lords Spiritual and Temporal and all Cities Burghs and other Commonalties of the Realm should have and enjoy all their Liberties and Franchises as they had reasonably had and enjoyed them in the time of his Noble Progenitors Kings of England For that several Judgments were heretofore undone 4 Rot. Parl. 21 Ric. II. n. 9. because the Clergie were not present the Commons prayed the King they might appoint a general Proctor who might have sufficient Authority to act for them The Two 5
f. 403. n. 10. A. D. 1273. He receives the Homage and Service of his Vassals there and went into Aquitan to Receive the Homage and Service of his Vassals there in which he found much difficulty from several that Refused to do their Feudal Duties to him but chiefly from 2 Ibm. n. 20. and Mezer. Fr. Hist f. 315. A. D. 1272 3. The Viscount of Bearn denies his Homage He is forced to do it Gaston Monaco Viscount of Bearn who because a Predecessor or two had done Homage and Sworn Fealty to the King of Aragon and he had been much obliged to Alphonso the Second then King denied his Homage King Edward seised upon his Person and kept him Prisoner among his Retinue from whence making his Escape he was driven out of his Country And upon an Appeal to King Philip as Soveraign Lord of Aquitan or Guyenne in favour of King Edward He compelled Gaston to hold his Lands of him In the Second year of his Reign having settled his Affairs beyond Sea 3 Mat. West f. 467. n. 20. A. D. 1274. The King comes for England he took Ship at Bologn in Picardy and landed in England on the 25th of July At his landing Gilbert Earl of Glocester and John Earl of Warren received him more Honourably then other Nobility conducting him to their Castles of Tonebridge in Kent and Rigate in Surrey where they Treated and Feasted him with great Jollity many days On the 19th of August he and his Queen Elianor were 4 Ibm n 30. He and his Queen Crowned at Westminster Crowned at Westminster by Robert Kilwarby Arch-Bishop of Canterbury Alexander King of Scots and John Duke of Britan being present Toward the middle of October following he issued out 5 Pat. 2 Ed. I. M. 6. He makes inquiry after the Rights of his Crown his Military Tenants and Civil Officers c. whether they had done their Duties Writs of Inquiry by the Oaths of Twelve Legal Men to Two Commissioners in every County to Inquire what his Royalties and the Liberties and Prerogatives of his Crown were who were his Tenants in Capite and Military Service and how many and what Fees they held of him Of his Tenants in Antient Demeasn how they had behaved themselves and in what Condition their Farms were Of Sheriffs Coroners Escheators Bayliffs and their Clerks whether they had Extorted Money from any Man by reason of their Office had Wronged any Man or Received Bribes for Neglecting or being Remiss in their Offices c. The whole Inquiry containing 34 Articles About the beginning of November the King of France sent to the King of England to * Append. n. 6. A. D. 1275. The King summoned as a Peer of France appear in his Parlement to be holden on the Morrow of the Quindene of the Feast of St. Martin in Winter that is November 26. to be at the Tryal of a Case between Robert Duke of Burgundy on the one part and Robert Earl of Nevers and Yobend his Wife on the other part concerning the Dukedom of Burgundy and the Appurtenants Who by reason of his Weighty Affairs in his own Kingdom sent Maurice He sends his Excuse de Credome Otto de Grandison and Roger de Cliff to make his Excuse with his Commission or Letter of Credence dated at Westminster November 11. He was summoned as a Peer or great Vassal of France By his Writ dated at 6 Cl. 3. Ed. I. M 21. Dors A. D. 1275. The Parlement Prorogued before meeting Woodstock the 27th of December following he Prorogues his General Parlement he propounded to have holden 15 days after the Purification to the Morrow of the Octaves of Easter Quia Generale Parliamentum nostrum Quod cum Prelatis Magnatibus Regni proposuimus habere London ad Quindenam Purificationis Beatae Mariae Virginis proximo futur Quibusdam certis de causis prorogavimus usque in Crastinum claus Paschae proxim sequent c. Teste Rege apud Woodstock 27 die Decemb. Directed to Robert Arch-Bishop of Canterbury In which Parlement holden upon the Monday after Easter in the year 1276 he made Excellent Laws both for Church and State and for the Ease and Benefit of both The Preamble whereof here follows 7 Stat. at Large 3 Ed. I. A. D. 1276. Excellent Laws made both for Church and State These be the Acts in French the Establishments of King Edward Son to King Henry made at Westminster at his first Parlement General after his Coronation on the Monday of Easter Vtas in French on the Morrow of the Close of Easter which was the same day the 3d year of his Reign By his Council and by the Assent of Arch-Bishops Bishops Abbats Priors Earls Barons and all the Commonalty of the Realm being thither summoned because our Sovereign Lord the King had great Zeal in the French Will and Desire to Redress the State of the Realm in such things as required Amendment for the common Profit of Holy Church and the Realm and because the State of the Realm so in the French and of Holy Church had been evil kept and the Prelates and Religious People of the Land grieved many ways and the People otherwise Intreated then they ought to be and the Peace less kept and the Laws less used and the Offenders less punished then they ought to be by reason whereof the People of the Land feared the less to offend The King hath Ordained and Established these Acts in the French Things underwritten which he intendeth in the French understandeth to be necessary and profitable for the whole Realm First the King Willeth and Commandeth That the Peace of Holy Church and of the Land be well kept and maintained in With a saving to the King of the Rights of the Crown all Points and that common Right be done to all as well Poor as Rich without Respect of Persons This Statute is called Westminster the First and contains 51 Chapters and the 50th was A 8 In Tottel's Magna Charta 't is Chap. 49. in Mag. Charta Printed 1602 't is Chap. 50. saving to the King of the Rights of his Crown notwithstanding these Grants were made to the Honour of God and Holy Church for the common Good of the People and the Ease of such as were Grieved Thomas Wickes says this Statute was made by the Advice of the Lawyers Jurisperitorum 9 Chronic. 1. 102. Regni sui co-operante Consilio by which he gained the Hearts and Affections of the Plebesans Quo corda plebeiae multitudinis inaestimabili sibi Dilectionis sincertitate conjunxit Toward the latter end of July 1 Ib. f. 103. Gasto de Bearn submits himself Gasto de Bearn before-mentioned was sent to the King by the King of France who submitting himself and giving Security after a short Imprisonment was permitted to go into his own Country About 2 Ib. f. 104. Simon Montfort's Daughter and Prince Lewellin's Mistress made
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias Bâ—llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
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
who signed these Acts of Court with other Witnesses Congregatis coram Edwardo Rege Angliae superiori Domino Regni Scotiae in Aula Castri de Berewico super Twedam utriusque Regni Nobilibus Praelatis ac Auditoribus memoratis aliis Magnatibus Popularibus in Multitudine copiosa praesente ibidem me Notario infrascripto cum Testibus subscriptis c. The Competitors claiming the Kingdom having had notice and summons to be there viz. Judgment given against Eight of the Competitors Eric King of Norwey Florence Earl of Holland William de Vescy Patric Earl of March William de Ros Robert de Pinkny Nicholas de Soules and Patrick Galightly not having appeared but withdrawing themselves as not having prosecuted their Petitions it was adjudged and Iudicially pronounced by the King with the Consent of the Noblemen and Prelates of Both Kingdoms That they should obtain nothing by their Petitions Consideratum est per idem Dominum Regem judicialiter pronunciatum de consensu utriusque Regni Nobilium Praelatorum quod per Petitiones suas nihil consequantur And because 4 Ibm. And against Two others John Comyn and Roger de Mundevile did not prosecute their Petitions they had the same Judgment But as to the last 5 Ibm. Petition of Robert de Brus whereby he claimed the Third part of the Kingdom for his Share as of a Partible Inheritance because it appeared by his first Petition before the King That he demanded the whole Kingdom of Scotland he thereby acknowledged and granted That the Kingdom was Impartible and one intire Inheritance Which Recognition and Concession he could not then deny and for that it had been agreed and adjudged by the Prelates Earls Barons Noble and Great Men and the whole Council of both Kingdoms That the Kingdom ought to be possessed by one Heir only because of its own Nature it was impartible as other Kingdoms therefore it was Adjudged and Iudicially Declared by the King That he should gain nothing by what was said in his Petition Et quia per Praelatos Comites Barones Proceres Magnates totumque Consilium utriusque Robert de Brus his Second Petition cast out Regni concordatum est consideratum quod praedictum Regnum uni haeredi debeat remanere pro eo quod de sui natura est impartibile sicut alia Regna Idciro per eundum Dominum Regem consideratum est judicialiter pronunciatum quod dictus Robertus ex his quae in dicta sua Petitione continentur nihil consequatur omnino The same 6 Ibm. John Hastings his Petition not allowed Judgment had John Hastings and for the same Reasons That he should get nothing by his Petition Quod nihil capiat per Petitionem suam As to the Petition of 7 Ibm. The Reasons why the Kingdom of Scotland was adjudged to John Baliol. John Baliol who demanded the whole Kingdom as his Right the King caused it again to be Examined many days by the Council of both Kingdoms and after a full Discussion it was found adjudged and agreed by all the Noblemen Prelates Auditors and Wisemen of both Nations Compertum fuit manifestè per omnes utriusque Regni Nobiles Prelatos Auditores Sapientes Consideratum Concordatum est c. That the Kingdom of Scotland was impartible and ought to remain to one Heir and because the King was Judge of the Right of his Subjects by the Laws and Customs of the Kingdoms which was approved agreed and affirmed by all the Noblemen and Prelates of both Kingdoms Quod ab omnibus Regni utriusque Nobilibus Prelatis est approbatum concordatum dictum And by the same Laws and Customs in the Case before them it was Agreed and Iudicially Declared That the more remote by Descent in the first Line was to be preferred to a nearer in the second Line in the succession of an impartible Inheritance And also That none of the Competitors denied him to be Heir of the first Line and therefore was to be preferred before all others as next Heir to the Kingdom of Scotland by Hereditary Succession And therefore the King of England as Superior and Direct Lord of Scotland Adjudged consideravit That the said Iohn Baliol should Recover and have Seisin of that Kingdom with all its Appurtenances according to the Form of his Petition upon Condition That he should rightly and justly Govern the People subject to him that none might have occasion to Complain for want of Justice nor the King as Superior Lord of that Kingdom upon the Suit of the Parties to interpose his Authority and Direction The Right of the King of England and his Heirs always Reserved in such Cases when he would make use of it And accordingly 8 Ibm. Append. n. 13. King Edw. directs his Writ to the Guardians of Scotland to give John Baliol possession of the Kingdom King Edward gave him his Writ of Seisin for the Kingdom of Scotland directed to William and Robert Bishops of St. Andrews and Glasco John Comyn James Seneschal or Stewart of Scotland and Brian Fitz Alan his Guardians of the Kingdom of Scotland to deliver him seisin thereof with its Pertinencies saving the Right of him and his Heirs dated at Berwick the 19th of November in the 20th year of his Reign Anno Regni nostri vicesimo Which was a mistake of the Clerk it should have been the 21st he beginning his Reign November the 16th With this 9 Rot. Scotiae 20 21 Ed. I. M. 7. This is the same Roll De superioritat c. there were also Writs of the same Date directed to the several Castellans and Governors of Castles in Scotland to give him possession of them The next 1 Ibm. Rot. superioritat c. He Swears Fealty to K. Edward day being the 20th of November A. D. 1292 and in the year of the Reign of King Edward ending the 20th and beginning the 21st Et Anno Regni Regis Angliae Edwardi vicesimo siniente vicesimo primo incipiente at Norham he sware fealty to him as his Liege and Superior Lord of the Kingdom of Scotland In Testimony whereof he made to King Edward his Letters Patents of the same Date His Oath of Fealty and these Letters Patents are to be found both in Latin and French in this Record Afterwards he was put into 2 Corporal possession of the Kingdom And was placed in his Throne at the Monastery of Scone at the Monastery of Scone near St. Johnstown or Perth and placed in his Royal Seat according to the Custom of Scotland Duncan Earl of Fife ought to have placed him in his Throne but being under Age John St. John was deputed by King Edward 3 Rot. Scot. ut supra M. 33. The same Roll. in Nova Creatione Regis to do it for him On St. Stephens-Day A. D. 1293 and the 21st of King Edward's Reign 4 Rot.
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
to the Precept he had recovered Seisin by the Jugment of the Guardians When John King of Scotland disseised him again of the same Lands and Tenements and that he might not further prosecute his Right imprison'd him and caused an unjust Judgment to be given against him in Contempt of the King of England and Superior Lord of Scotland and to his own great Damage The King of Scots 5 Ibm. f. 158. The King of Scots appears appeared before the King and his Council in his Parliament after Michaelmas and denied all Contempt of the Lord his King and said he had not Day to Answer the said Magdulph who Replied He had that very Day appointed him to Answer by the King 's 6 Ibm. fol. 154 155. the Writ it self The Particulars of the Pleadings on both sides Writ delivered to him by the Sheriff of Northumberland at Strivelin on the morrow after St. Peter in Bonds that is the 2d of August which sufficiently appeared by the Return of the Sheriff and the King of Scots being asked whether he had the Writ delivered to him by the Sheriff confessed it and was then urged to answer 7 Ibm. f 158. when He said he was King of Scotland and that he dare not Answer to Magdulph ' s Complaint or any thing that concerned his Kingdom without the Advice of his Subjects sine Consilio * These Probi homines could not be the Common or Ordinary People proborum hominum Regni sui and Magdulph demanded Judgment against him as saying nothing 8 Ibm. f. 159. Then he was told by the King he was his Liege-Man and did unto him Homage and Fealty for the Kingdom of Scotland and was ordered to come thither to answer or say why he would not or ought not to answer before him and he said as before The K. of Scots dare not Answer without advice of his People That he Could not nor Dare answer to any thing that concerned his Kingdom without consulting his People inconsultis probis hominibus Regni sui Vpon this he was told he might require another Day he answered He would require none It was then agreed That the Principal Plea belonged to the King and that he made no Defence against Magdulph 9 Ibm. and because he would not require Day or shew Cause why he ought not to Answer in Elusion of the King's Jurisdiction and Superiority it was Judged a Contempt and Disobedience to him and that Three of his Principal Castles of Scotland should be Seized into his Hands and so remain till he had given Satisfaction for his Contempt and Disobedience But before the Pronounciation of the Sentence he came before the King and his Council and made Supplication to the King with his own Mouth ore suo proprio and Delivered it unto him with his own hand in Writing in 1 Ibm. f. 159 160. He Petitions K. Edward for leave to advise with them and for longer time French to this purpose Sire jeo suy vostre home du Royalme de Escoce c. Sir I am your Man of the Realm of Scotland and pray you for what I am come hither for which concerns the People of my Kingdom as well as my self That you would forbear me while I speak with them that I may not be surprized for want of Advice for that those that are with me will not nor ought to advise me without others of the Realm and when I have advice from them I will answer at your first Parlement after Easter and will behave my self towards you as I ought to do The King advising hereupon at the Instance of the Great Men of his Council and with the Consent of Magdulph granted his Prayer and gave King Edward grants his Request him Day until his Parlement after Easter on the Morrow of the Holy Trinity This is what is to be found in Ryley's Parliament Pleas about this Case and now we return to the Record again Which 2 Rot. de Superioritate Regis Angliae c. ut supra The K. at War with France and Wales Parlement at St. Edmunds-Bury A. D. 1295. 23 Ed. 1. tells us That on that Day the Parlement ceased or was not holden Parliamentum cessavit sive non tenebatur for that the King was Engaged in War lately raised against him in divers Countreys as with the King of France in Gascony and with the Welsh in Wales Yet the suit between the King of Scots and Magdulph which had begun before the Justices of the King's-Bench in Parlement was Continued and Prorogued Loquela c. Continuata fuit Prorogata To the Parlement next to be holden which was afterwards Summoned to be at St. Edmunds-Bury on the Feast of St. Martin in Winter that is November 11. which was in the 23d Year of King Edward and in the Year from the * The Publick Notary that Drew up this Record always begins the Year at Christmas Nativity of the Lord 1295. The King of England 3 Ibm. Magdulph prosecutes his Plea in that Parlement The King of Scots appears not but sends his Excuse was at St. Edmunds-Bury that day and there held his Parlement where Magdulph strenuously prosecuted his Plea But the King of Scots instead of appearing in Person sent the Abbot of Abirbrothok with other Noblemen of that Kingdom to King Edward with Letters to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed at the Day given or appointed him Quod nec tunc nec prius juxta quod Diem habuerat ad Curiam suam in praeteritis Parliamentis accesserat Excusavit pretending certain Causes of Excuse that he could not come in his own Person This Abbot 4 Ibm. The Abbot and others that came to Excuse the K of Scots Demand Satisfaction for Injuries done them The Answer to their Demands and those that came with him brought not only an Excuse but a Quarrel and Demanded of King Edward Satisfaction for many and great Injuries Oppressions and Grievances sustained by the Scots from his Subjects To whom after deliberation this Answer was given That the King of England for certain Causes was coming toward the North parts and that the King of Scots should then have sufficient Recompence to his own Content for all Injuries could be proved done to the Scots by his Subjects of England and then appointed him a Day in the same Parlement by the Continuation and Prorogation of the Justices representing his Person against Magdulph the First Day of March next following The King of Scots summoned to appear at a Parlement at Newcastle at Newcastle upon Tyne Then expecting his being there enjoyn the Abbot and those with him to give Notice to their King he should then Personally appear to Treat with the King of England about the Premisses and other Things touching the State and Tranquility of both Kingdoms and their Inhabitants While the King was
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
Summoned by our Lord the King of England or his Heirs and we shall not know of any Damage done to them but we will hinder it to the utmost of our Power and shall Discover it to them And for the performance of this we bind us and our Heirs and all our Goods and further have Sworn it upon the Holy Gospels In Witness whereof we have caused these Letters Patents to be made and sealed with our Seal Given at Roxburgh the 13th day of May in the 24th year of the Reign of our Lord the King of England All the Bishops and other Ecclesiastick Prelates Abbats and The same Submission and Renunciation of the whole Kingdom of Scotland Convents Priors Friers Parsons Vicars Abbesses Nuns Earls Barons Knights Citizens Burgesses Aldermen Communalties of Cities and Burghs and other Commoners or Inhabitants in Scotland Recorded and Named in four 5 Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title De Juramentis homagii fidelitatis Edwardo Regi Angliae nominatim praestitis per unamquamque individuam personam Regni Scotiae Of the Oaths of Homage and Fealty made to Edward King of England by every individual Person of the Kingdom of Scotland by Name made the same Submission Renuntiation and Oath at several Places and several Times and made their Letters Patents of it especially in the Parlement holden 6 Ib. Pecia 20 21 c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary or 22d of August in the year from the Nativity of our Lord 1296 by the Consent of the Noblemen and Prelates of both Kingdoms These Rolls were not delivered unto the Kings Keeper of his Rolls 7 Claus 34. Ed. 1. Dors 91 until the 34th of his Reign and they were drawn up by the same Notary Andrew before-mentioned who was present heard and saw what was done as 't is Recorded at the end of the Roll Pecia 35 And the same Instrument of Homage and Fealty with the Chamberlains of the Exchequer in the 3d Treasury at Westminster with other Things and Instruments in small Boxes in great Wooden Chests This done 9 Walsingh f. 68. n. 10. n. 30 40. King Edward appoints a Governor of Scotland and other Officers there He sends John Baliol to the Tower c. King Edward caused the Stone used by the Kings of Scotland as a Throne to be brought to Westminster appointed John Warren Earl of Surrey and Sussex Governor of Scotland Hugh de Cressingham Treasurer and William Ormesby Justitiary sent King John Baliol to the Tower of London where he was decently attended and the Noblemen of Scotland which he brought into England were forbidden to pass the River Trent under forfeiture of their Heads From Scotland we are to return to England and France where we find the Peace between them which had continued for some time broken The Quarrel at first began between the 1 Mat. West f. 419 420 421 c. Walsingham f. 57. n. 50. c. A. D. 1291 1292 1293 1294 c. Peace broken between France and England English and French Seamen who plundered one anothers Ships and seised them where-ever they met at Sea or in Harbour from single Ships they brought Fleet against Fleet each side complained to their Kings and Satisfaction was demanded on both sides Several Endeavours were used to Compose these Differences the Two Queens of France Consort and Dowager mediated a Peace and were forward in it The Pope sent Two Cardinals to the Two Kings to the same purpose divers Means were contrived for Satisfaction on both parts but none took effect The King of England offered an Interview or a Reference to Commissioners to end all Controversies and adjust the Losses and Damages of the Subjects of both Nations but neither was accepted The King of France charged him That The Charge against King Edward his Subjects and Merchants were Robbed spoiled of their Goods and imprisoned by his Consent and also with Contempt and Rebellion in denying his Superiority and Dominion in Aquitain For which he peremptorily 2 Mat. West f. 419. n. 40. the Writ or Citation it self which is very long He is Cited to appear at Paris And upon non-appearance adjudged to have forfeited his Lands in France cited him to appear at Paris Twenty days after Christmas-Day to answer what should be objected against him to stand to the Law and hear Judgment King Edward neglected the Citation or Summons and was by the Vniversal Sentence of the Peers adjudged to have forfeited all his Lands in France and the Constable was sent with an Army to take possession of that Dukedom Upon this seising of Gascony King Edward 3 Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parlement after Whitsunday next following in which it was Resolved to Recover Aquitain or Gascony by Force and Arms whereupon * Ib. n. 50. he sent the Arch-Bishop of Dublin and the Bishop of Durham with other Great Men to the Emperor of Germany called then King of Almain to make an Alliance with him against France and for 100000 l. Sterling paid unto him a good Sum in those days the King and Emperor became acquainted who were scarce known to one another before all Difficulties between them were overcome and great Things were expected from this Alliance The King intending to pass into France with an Army was detained at Portsmouth by * Ibm. f. 422. n. 10. contrary Winds from Midsummer-day to the Exaltation of Holy Cross i. e. the 14th of September On the Vigil of St. Mathew the Apostle he called another 4 Ib. f. 422. n. 30. Parlement or happily this might be the same wherein to support the War the Clergy granted a Moyety of their Benefices and Goods at three Payments whereof the first to be at the Feast of All-Saints next coming the second Fifteen days after Easter and the third Fifteen days after Midsummer the Writ appointing the Collectors in the Diocese of Canterbury bears Date Septemb. 30 and is to be found amongst the Records of Trinity-Term 22 Ed. I. Rot. 68 with the King's Remembrancer in the Exchequer On the 5 Claus 22. Ed. I. M. 6. Do s A Tenth granted by the Laity the first day of the Parlement Morrow after St. Martin or the 12th of November next following the Earls Barons Knights c. gave a Tenth part of their Goods on this very first day of the Parlement and the Commissions to the 6 Pat. 22. Ed. I. M. 2. in cedula The Citizens c. pay a Sixth part Taxors and Collectors of it are Dated the same day The Citizens Burgesses and Tenents of the King's Demeasns paid a sixth part of their Goods but not granted in Parlement there were Commissioners sent unto every City Burgh and Town of his Demeasns 7 Inter Recorda 23 Ed. I. n. vel
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
Execution was done thereon And for that his Oath the Right of the Crown of England his Reasons and Claims as also the Right Reasons and Claims of all others might be safe He tho' the Commissioners had brought to him what they had done yet because the Prelates Earls Barons and all other Great Men of the Kingdom in whose presence he would have his own and the Reasons of others propounded and heard according to whose Advice he intended to proceed especially for that they were bound with him by Oath to Observe and Maintain the Laws or Rights of the Kingdom and his Crown Jura Regni Coronae Nostrae were not then present with him And for that likewise those who were to propound their Reasons concerning this Matter had no notice of it without whom a good End could not be put to it and because this Business might be Dispatched without further Delay willing to have Conference and Treaty with the Prelates Earls Barons and Gentlemen aforesaid and with others of the Community of the Kingdom upon this Affair and other arduous Matters touching himself and the state of the Kingdom he Commanded firmly The Sheriffs commanded to send to this Parlement the same Knights Citizens and Burgesses that were in the last enjoining him to cause to come before him at his Parlement at Lincoln in the Octaves of St. Hilary next coming two Knights of his Country or Baylywick That is to say those which came for the Community of the County by his Precept to the last Parlement and also the same Citizens and the same Burgesses for all the Cities and Burghs within his Bayliwic and if any of them were Dead or Infirm then to cause others to be chosen and come in their stead so as that they might be present at the Day and Place aforesaid with full Power to hear and do what should be then ordained for the common Profit of the Kingdom And to cause to be allowed to the same Knights Citizens and Burgesses their reasonable Expences in coming to staying at and going from the Parlement and further he commanded the Sheriff publickly to make Proclamation in the County That all those who would put in any Exceptions against the Perambulations should appear before him in Parlement to shew them Witness the King at the Rose September 26. in the 28th Year of his Reign This is the Full of the Writ of Summons in English wherein the Reasons are given why the Perambulations could not be Received and Considered sooner The Writs to the Bishops Earls and Barons were in the same Form and Words as to the Reasons c. In like manner he 1 Ibm. wrote to the Sheriffs of all Counties there particularly named as well those that had Forests in them as others except Cheshire which then sent no Members to Parlement He 2 Ibm. M. 2. wrote also to the Commissioners that made the Perambulations to be at this Parlement and bring with them those Perambulations and all things that concerned them Amidst these importune Pressures of the Nobility 3 Walsingh f. 78. N. 20. The K. marcheth into Scotland with an Army The Scots demand their K. John Baliol and to Redeem their Lands Both their Requests denied They appear in a mighty Body yet fly before the King the King marched with an Army into Scotland and coming into Gallowey the Great Men of the Scots desired him to permit John Baliol peaceably to Reign over them and that he would suffer them to Redeem their Estates of such English as he had given them to declaring if he would not they would themselves as well as they could But he granted neither of their Petitions Within few Days after the Scots with their Leaders appeared in a mighty Body thinking to Surprize the King and his Army but he and his Son marching toward them they fled to the Hills and Woods About this Time the Scots knowing all things Saleable at Rome richly Present or Bribe the Pope moving him for his Advice and Assistance against their Lord the King of England Scoti cognoscentes 4 Ibm. N. 30 40. The Scots apply themselves to the Pope for Advice and Assistance against K. Ed. Romae omnia venalia Donis Dominum Papam uberrimis ditaverunt petentes ab eo Consilium pariter ac auxilium contra Dominum suum Regem Angliae The Pope complies makes the Archbishop of Canterbury his Legat sends him Letters to deliver to the King with order to shew him his Commands In 5 Ibm. and Mat. West f. 435 346 437. He makes the A. B. of Canterbury his Legate to the King and by his Letter claims Scotland as the Right of the Church of Rome which he Claims the Kingdom of Scotland as belonging to the Church of Rome by full Right pleno jure Requires and Exhorts him in the Name of God to Discharge out of Prison and Restore to their former Liberty all Bishops Clercs and Ecclesiastic Persons and to remove all his Officers whom by Force and Fear he had appointed to Govern that Nation under him and Willed him if he pretended any Right to the Kingdom of Scotland or any Part of it not to omit to send Commissioners fully instructed within six Months after the receipt of his Letters to his presence he being ready to do him Justice as his beloved Son and inviolably to observe his Right if he had any Bringing back and reserving by the Tenor of these Letters all Questions Strifes Controversies whatsoever between him the Kingdom of Scotland the Prelates Clercs and Secular Persons which then had been were or might be for the future to the Cognisance and Determination of the Roman See Decreeing it void if any thing should be attempted to the contrary Dated at Anagni the 5th of the Calends of July or 27th of June A. D. 1300. in the 28th of Ed. 1. The Archbishop was full of Obedience and very quick in repairing He readily obeys the Pope's Commands to the King who was then in Scotland 6 Ibm Fol. 438. l. 2. in the A. Bishop's Letter to the Pope or Certificate what he had done in this Affair And persuades the King to comply with the Pope's Letter preparing for his Journey immediately upon the Receipt of the Pope's Commands and came to him August 25th being then at Dinner in the midst of his Army who appointed him the next Day for the Delivery of the Message which was done and the Pope's Letters presented to the King before Edward his Son the Earls Barons and Knights of his Army in great Multitude who causing them to be Read publickly were patiently heard of all when the Archbishop a sure Friend to the Scots Encouraged the King and Persuaded him 7 Ibm. N. 50. in the same Letter as he says himself by all Ways and Means he could or knew to Obey and Comply with all things in those Letters Then 8 Ibm. withdrawing by the King's Command while he Deliberated
with his Noblemen he was called again and had this Answer 9 Fol. 439. N. 10. The King's Answer to the Pope's Letter That having received the Pope's Admonition concerning the State of the Kingdom of Scotland it was the Custom of England That in such Affairs all whom these concerned ought to be advised with And the present Business of Scotland having Relation to the State and Right of the Kingdom of England there were many Prelates Earls Barons and Great Men not then with him in the Army concerned in it without whose Advice he could not Answer fully Yet that he intended as soon as could to Consult and Deliberate with the Absent as well as Present and by their common and joint Determination send the Pope an Answer And for this Reason at the same Time and Place when he issued his Writs for the Calling of a Parlement to meet on the Octaves of St. Hilary for Receiving of the Perambulations of the Forests the King wrote also 1 Claus 28 Ed. 1. M. 3. Dors Hâ— Sumons many Clergy-men Lawyers to the Parlement at Lincoln to some of his own Clercs several Deans of Cathedral Churches several Archdeacons Officials and others that had the Best Reputation for Lawyers in those times to come to this Parlement for that he would then have special Conference and Treaty with Lawyers and others of his Council about the Right and Dominion he and his Ancestors had in the Kingdom of Scotland and to the same Purpose he 2 Ibm. And sends to the Universities for their best Lawyers wrote to the Chancellors and both Vniversities to send to this Parlement the most Expert and Knowing Men in the Written Law which were sent accordingly And further he sent his Writs 3 Ibm. M. 3. Dors to several Deans and Chapters to several Abbots Priors and their Convents the Chiefest of the Nation to search their Archieves and send to this Parlement To advise about his Title to Scotland all their Chronicles in which was to be found any thing concerning the Kingdom of Scotland to make good his Title to it Upon Reading the Pope's Bull by the King's Order and truly Interpreting of it to the Barons in Parlement there was much The Resolution of the Barons with their Letter to the Pope concerning his Pretences to the Kingdom of Scotland Debate amongst the Lawyers whether how or after what manner this Bull or Letter should be answered as appears by an old Parlement Roll in the Tower in the 29th of this King and truly Printed in Mr. Pryn's Ed. 1. what of it remains Fol. 885. whereupon it was Resolved by the Barons * See this Letter in M. West F. 443. N. 30 40 c. Walsi f. 85. N. 10 20 30 c. Dugdales Summons to Parlements f. 31 32 33 34. from the Record in the Exchequer with all the Barons Names Printed at Oxford in Latin and English 1678. with the Names of the Earls and Barons the Cuts of their Seals of Arms. to write to the Pope and let him know That in Temporals the Kingdom of Scotland by no manner of Right whatever belonged to the Church of Rome at any time That it was an ancient Fee or Feudal Right of the Crown and Kings of England and that the Kingdom and Kings of Scotland have been Subject only to the Kings of England and no other and further That the Kings of England concerning their Rights in that Kingdom or other Temporalities have never answered or ought to answer before any Ecclesiastic or Secular Judge by reason of his Royal Dignity and Custom to the contrary in all Ages And to signifie to him That having diligently considered his Letters it was and for the future should be the common unanimous and unshaken Resolution of all and every one of them That their Lord the King concerning his Rights in Scotland or other his Temporal Rights should in nowise answer judicially before him or send Proxys or Commissioners to him especially when it would manifestly tend to the Disinheritance of the Crown of England and Dignity Royal and the Notorious Subversion of the State of the Kingdom to the Prejudice of their Liberties Customs and Paternal Laws which by their Oaths they were bound to Observe and Defend and by the help of God would maintain them with their whole Force or Power nor would they permit the King to do such strange and unheard of things if he should attempt it Wherefore they Reverently and Humbly beseech his Holiness favourably to permit the King peaceably to possess his Rights Liberties Customs and Laws aforesaid without Diminution or Disturbance In Testimony whereof they put to their Seals 104 for themselves and the whole Community of the Kingdom Dated at Lincoln the 12th of February A. D. 1301. in the 29th of Ed. 1. A. D. 1301. 29 Ed. 1. This Business was first Dispatch'd That as soon as might be when the six Months after the King had received the Pope's Bull should be Elapsed in which he had appointed the King to send Commissioners to him the Pope might receive Satisfaction why they did not come At the same time the Perambulations of the Forests the main Business for which this Parlement was called according to the purport of the preceding Writ were Exhited therein and as 't is contained in the 4 Rot. Perambulationum Forestar 29 Ed. 1. in Turrâ— A. D. 1301. 29 Ed. 1. The Perambulations of the Forests Settled and Confirmed See the Ordinance of the Forest made the 33d year of this King in the Statutes at Large Record the Community of the Kingdom Granted the King a Fifteenth Part of their Moveables they should have at Michaelmas next coming and he Confirmed them with this Clause Quod quicquid per istas Perambulationes ponitur extra Forestam Remaneat extra Forestam Residuum remaneat Foresta secundam metas bundas in perpetuum That is whatever by these Perambulations was Deforested should remain so and what was then allowed to be Forest according to the Metes and Bounds then set out should be so for ever These Letters Patents or Confirmations of all the Perambulations bear date at Lincoln Feb. 14. in the 29th of his Reign Thus were the two Charters and the Great Business of the Perambulations of the Forest fully Settled and Confirmed When the Laity gave this Fifteenth Robert Archbishop of Canterbury The Laity gave a xvth for this Confirmation The Arch-Bp for the Clergy would not do any thing without the Pope's Licence would grant Nothing for the Clergy not of the Temporalities annexed to the Church without the Pope's special Licence Pro hoc confirmationis effectu concesserunt Comites Barones Regi quintam decimam partem bonorum suorum mobilium in Festo Sancti Michaelis proximo tunc futuro sed Robertus Archiepiscopus Cantuariensis pro Clero nihil voluit concedere neque de Temporolitate annexa Ecclesiae sine Licentia Summi Pontificis
speciali as the Record hath it After the Transaction and Settling of these Two great Affairs those whom the King employed had time from the Chronicles sent to this Parlement from the Monasteries to make a * See Mat. Westm f. 439. n. 20 30 c. Wals f. 81 c. Rot. Claus 29. Ed. I. M. 10. Dors Printed in Ryley's Placita Parliamentaria Append f. 596. The King's Title to Scotland sent to the Pope with a Narrative of the Perfidiousness of the Scots Deduction of his Right and Title to Scotland which was Historical and almost the same but more full and particular than that which was delivered to the Scots when he claimed the Superiority and direct Dominion over Scotland in the 19th of his Reign This was sent in a Letter from the King to the Pope with a Narrative of the whole Nation of Scotland having done Homage and sworn Fealty to him and owned and acknowledged him to be their King and Supreme Lord several times and what they had done against their Oaths invading burning spoiling and wasting England when they thought fit and also cautioning the Pope against the false Insinuations and Suggestions of the Scots concluding with a Petetion That he would have a Paternal Care and Affection to his Royal Rights Dated at Kemsey or Kynardesey the 7th of May A. D. 1301. if the Year began at Christmas if on Lady-day or 25th of March then 1302. in the 29th of his Reign The King at the Request of the King of France had granted the Scots a Truce which was to end at Whitsunday next coming as says the 5 Claus 29. Ed. I. Dors M. Dugd. Summons to Parl. f. 35. Writ by which he Summoned the Earls Barons and Knights such as he pleased to meet him at Berwic in the Feast of St. John Baptist with their Horse and Arms and to go with him against the Scots His Rebels and notorious Traytors to Repress their Rebellion and Pride so the Record Contra Scotos Rebelles nostros notorie proditores ad ipsorum Rebellionem Proterviam reprimendam This Summons was dated at Lincoln Feb. 14. in the 29th of Ed. 1. on the same Day he confirmed the Perambulations This Year the King made his Eldest Son Edward 6 Wals f. 79. n. 10. Matth. West f. 433. n. 50. Prince of Wales Earl of Chester Prince of Wales and Earl of Chester with which the Welshmen were well pleased as being born at Caernarvon in their own Country In Scotland he makes his 7 Pat. 29. Edw. I. M. 2. intus Claus 29. Ed. I. M. 3. Dors Procurators or Proxies to the Pope Walter Bishop of Litchfield and Coventry Amadeus Earl of Savoy Otto de Grandison Kt. and Gerrard Arch-Deacon of Lichfield to desire him speedily to put an end to all Differences between him and the French King and to complete the long-deferred Treaty of K. Edw. sends Procurators to the Pope to complete the Treaty of Peace between him the K. of From. Peace according to the Form of his Pronunciation or Decree made by virtue of the Compromise unto him but the Pope was not at leisure The Commissions or Procuratory Letters are dated at Glasco Aug. 24. in the 29th of his Reign The King staid all Winter in Scotland 8 Wals £85 n. 50. A. D. â—301 30. Ed. I. where many of his Military Men lost their Horses for want of Forage After Christmas he again at the Instance of the King of France 9 Ib. â— 86. â—in 3. He grants the Scots a Truce Granted the Scots a Truce until the Feast of All-Saints next coming and toward the Spring having settled things in Scotland returned into England All the Arguments the King used by Letters and Messages to the Earl of Savoy and Otto de Grandison 1 Claus 30. Ed. I. M. 15. Dors Two of the King's Procurators to the Pope refuse the Employment who were best acquainted with the State of his Affairs and Differences between him and the King of France could not persuade them to undertake this Embassie or Procuration to the Pope and therefore he 2 Ibm. The other two proceed committed the whole Affair to the Bishop and Arch-Deacon to hear for him and in his Name the Pope's Pronunciation Will and Pleasure in those things that then were not declared and determined between them by virtue of the Compromise made by both into his Person 3 Ibm. Ad audiendum pro nobis nostro nomine Pronunciationem vestram Voluntatem Beneplacitum super his quae inter Regem Franciae nos per vos i. e. the Pope virtute Compromissi c. restant pronunciandae facienda This Letter and new Commission was directed to the Pope to give him notice of the Refusal of the First two the Earl 30. Ed. I. and Knight and dated at Darlington in the Bishoprick of Duresm March 5. in the 30th of Edw. I. In April following Roger le Bigod Earl of Norfolk and Marshal of England granted and quiet claimed for his Heirs 4 Rot. Claus 30. Ed. I. M. 14. Dors The Earl-Marshal grants his Lands c. to the King and his Heirs to the King and his Heirs for ever All his Castles Towns Mannors Lands and Tenements in England and Wales except the Mannors of Sterington Wylton Thornton and Leversham with the Advousons of the Churches and all other their Appurtenances in the County of York and the Mannors of Acle and Castre with their Appurtenances and the Advouson of the Church of Geldeston in the County of Norfolk with the Knights Fees Advousons of Religious Houses and Churches Hundreds Honours Liberties and all their Appurtenances by what Name soever they should be called so as neither he nor his Heirs nor any one in his Name should have any Right or Claim in them Which Grant was Dated at the Abby of St. John's in Colchester the 12th of April in the 30th of Ed. I. He also made a Grant 5 Ibm. Also his Goods to the King of all his Goods and Chattels upon and in those Castles Mannors Towns c. except upon the Mannors and Lands before excepted Dated at the same Time and Place And made Letters of Attorney of the same Date to several Persons in every 6 Ibm. County where he had Lands to give Livery and Seisin accordingly Further at the same Place and on the same Day he restored remitted and quiet claimed for him and his Heirs to the King and his Heirs for ever all the 7 Ibm. He Releases and gives up his Earldom and Marshalship Right Honour and Dominion he had by the Name of Earl in the County of Norfolk and the Marshalcie of England with every thing thereunto belonging Lastly he restored remitted and quiet claimed the 8 Ibm. Castles of Bristol and Nottingham which he was to have held for Life by the Grant of the King so as he nor any one in his Name
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
about the Prices of Oxen Cows Sheep Geese Hens and other Victuals set the last Parlement should be revoked and that they should be sold as formerly at reasonable Rates The reason of this says Walsingham was 2 Hist f. 107. n. 20. because after the Price set in Parlement they were much dearer On Tuesday following the King by the Bishop of Norwich promised to 3 Rot. Par. ib. n. 1. The King promiseth to observe the Ordinances observe all the Ordinances formerly made by the Prelates and Great Men per Prelatos Proceres and also the Perambulations of the Forest made in his Father's time saving to the King his Reasons against them salvis Regi Rationibus suis contra Perambulationes and thereof Writs were made accordingly On the Friday next coming 4 Ibm. Soldiers how raised and paid against the Scâ—â—s the Great Men and Community of the Kingdom Magnates Communitas Regni Granted to the King in Aid of his War with Scotland of every Town in the Kingdom one Stout Footman except in Cities and Burghs and the King's Demeasns and these Footmen were to be armed and furnished with Swords Bows Arrows Slings Lances and other Armour fit for Footmen at the Charge of the Towns and their Expences to be paid until they came at the Place of Rendezvous and their Wages for 60 Days after and no longer if the King's Service required it at 4 d. the day and Market-Towns that were further able to be charged with Men were so to be charged the King promising to give his Letters to the Great Men and Community of the Kingdom Magnatibus Communitati Regni and to their Heirs That this Grant should be no Precedent nor drawn into Example for the future The same Day the King by Advice of the Prelates and Great Men Consilio Praelatorum Procerum ordered the 5 Ibm. whole Service due to him i. e. all the Horse of England to be Summoned for this cause to be at Newcastle upon Tine 15 Days after Midsummer The Citizens Burgesses and Knights 6 Ibm. n. 2. Cives Burgenses Milites de Comitatibus qui venerunt ad Parliamentum then Granted the King in Aid of this War and Expedition a 15th Part of all the moveable Goods 7 Ibm. Civium Burgensium Hominum de Civitatibus Burgis de Dominicis Regis of Citizens Burgesses and Men of Cities Burghs and the King's Demeasns which they had at Michaelmas then last past On Shrove-Tuesday in the Parlement 8 Ibm. n 3. The King had a sincere good will toward the Earl of Lancaster and other Great Men. the Bishop of Norwich on behalf of the King moved the Earl of Lancaster to put away all Doubting he might have of him for that he had a sincere Good-will towards him and the other Great Men erga ipsum alios Proceres Regni sui and held them to be his Faithful Liege-men and told him the King desired to have him the Chief of his Council requesting him 9 Ibm. ex parte Domini Regis Praelatorum ac Procerum Regni ibidem existentium on behalf of the King Prelates and Great Men there present to take upon him to assist and advise in the Affairs of King and Kingdom The Earl thanked the King and and humbly requested time to deliberate humiliter supplicavit quod ipse possit deliberare and then answer Which he did in a very short time and was Sworn of the King's Council in the Form following Whereas our Lord 1 Ibm. n. 4. King Edward by the Grace of God King of England hath with the Prelates Earls and Barons of the Land 2 Ibm. this number only in French upon the Roll. avesques Prelates Countes e Barons de son Terre in full Parlement requested his dear Cousin Monsieur Thomas Earl of Lancaster that he would be Chief of his Council in all Great and Weighty He requested the Earl to be Chief of his Council Affairs touching himself and his Realm with other Prelates Earls and Barons which may between the King and himself take care that he may be for the Profit of him and the Realm The said Earl for the great Love he had for his Lord the King and for the Common Profit of the Kingdom and the Ordinances 3 Ibm. The Earl complies upon such Terms as he might Govern the Kingdom qil ad sur merci enterement Grante a teniz which he had upon favour entirely granted to observe and the right Laws to maintain in all Points and in hope to make Amendments in such things as had been ill done in his Court and the Estate of his Realm did grant to be of the King's Council with the Prelates Earls Barons so as at the Hour the King shall not do according to his Directions and others of his Council concerning the Matters of his Court and Kingdom after such things have been shown him and he will not be Governed by the Council of him and others the Earl without Evil Will Challenge or Discontent may be discharged from the Council and that the Business of the Realm concerning him shall not be done or performed without the Assent of him and the other Prelates Earls and Barons which shall be ordained or appointed to advise him 4 Ibm. saunz Assent de luy des autres Prelatz Countes Barous qi de luy Conseiller serront ordenetz And if any of the Prelates Earls and Barons shall advise the King or do other thing which shall not be for the Profit of him and his Realm then at the next Parlement by the Advisement of the King and his Friends 5 Ibm. solone lavisement nostres Seigneur le Roy le seon they shall be removed and so it shall be from Parlement to Parlement as to them and every of them according to the Faults found in them In Witness whereof this Bill was to be entred on the Parlement-Roll ceste Bille entre en Rouelle de Parlement And then it follows Billae 6 Ibm. The Instrument by which he was made Chief of the Council entred upon the Parliament-Roll predicta formam continens supra scriptam liberata fuit Willielmo de Ayremin Clerico c. The foresaid Bill containing the Form above written was delivered to William Ayremin Clerc by the hands of the Lords Walter of Norwich and Bartholomew de Badlesmer commanding the said William by Order of the King to inroll it Word for Word Over the Army above-mentioned raised by the Parlement against the Scots the Earl of Lancaster was made 7 Rot. Scot. Ed. 2. M. 6. The Earl of Lancaster made General of the Army against the Scots and Lieutenant of Scotland General and the King's Lieutenant in Scotland but what great things he did with this Army or by his Lieutenancy it appears not in any History I have met with Next Year the Pope sent two 8 Rot. Claus 10 Edw. II. M.
many heinous Crimes sworn against the Templars in the Provincial Council of London called at the Command of the Pope the same that were sworn against those in France They confessed the Report but not the Fact unless one or two Ribalds that is most wicked and profligate Men in every State to wit of Priest-Templars Knight-Templars Common Brethren and Servant-Templars Nisi unus vel duo Ribaldi in omni statu Yet at last they all confessed they could not purge themselves from the things charged on them so that every one of them were thrust into Monasteries there to do perpetual Pennance where they in all things behaved themselves well This Relation of Walsingham is taken out of Adam Murymonth 5 In 1310. 1311. who then lived and his very Words transcribed by him In the Sentence of Extinction of the Templars and Donation of their Lands and Goods to the Hospitalers all Possessors and unlawful Detainers of them of what State Condition Excellency and Dignity soever they were whether Bishops Emperors or Kings were Excommunicated unless within one Month after they should be required by the Master and Brethren of the Hospital of St. John's of Jerusalem or their Procurators they parted with and fully and freely restored them to that Order and also all that were Aiding Advising and Assisting in the Detaining of them and likewise all Chapters Collegiate and Conventual Churches Cities Castles Towns and other Places that detained them and delivered them not when required as aforesaid were put under Interdict from which Excommunication and Interdict they were not to be absolved until they had made full and due Satisfaction And besides these Punishments all Persons and Places that detained the Goods and Estates aforesaid and delivered them not that held Fees of the Roman or any other Churches were decreed ipso facto in very Deed to be deprived of them In the end of this Council says the last cited 6 Ibm. A D. Historian the Pope sent two Cardinals into England to receive the Lands Goods and Possessions of the Templars for the Use of the Hospitalers The Earls and Noblemen whose Progenitors had given them to the Templars the Order being dissolved possessed themselves of and refused to restore them so as the Nuncio's returned without doing the Business they came for The Pope's 7 Append. n. 76. Letter or Bull to the King That he should give his best Assistance in promoting of the Delivery of the Templars Goods to the Master and Brethren of the Hospital or their Procurators and further That he should expresly Command all his Earls Barons Great Men Corporations and Bodies Politick Seneschals Bailiffs and other Officers which were by him deputed to keep those Goods to deliver them when required was Dated the 26th of the same Month of of May in which he passed the Sentence of Extinction This in all probability was the Bull or Letter by which the two Cardinals as Procurators or Attorneys came to demand the delivery of the Lands of the Templars for the Hospitalers On the 25th of November 1313 by virtue of a long tedious 8 Rot. Claus 7 Ed. II. M. 12. Dors Instrument for the restitution of the Possessions Goods and Chattels to the Hospitalers which had belonged to the Templars in England in which the Pope's Proceedings against them were recited Albert of Black-Castle de Castro nigro Great Commander of the Hospital of St. John's of Jerusalem and Deputy of the Great Master and Leonard de Tibertis Prior of the Hospital of St. John's of Venice and Procurator General of the Order Their Procurators petitioned and required That whereas the Pope had given by Consent of the General Council all the Houses Churches Chapels Oratories Cities Castles Towns Lands Granges Places Possessions Jurisdictions Rents and Rights and all Goods Moveable and Immoveable with all their Rights Members and Appurtenances and annexed united incorporated and applied them to the Greatness and Extent of Papal Power de plenitudine Apostolicae potestatis to the said Hospital c. The King hearing this Supplication made Protestation for the Preservation of his Right and Rights of his Subjects notwithstanding such Restitution and Rendring and that if he made such Restitution it was for fear of the Danger which he foresaw might come upon him and his Kingdom if he did it not and which for the shortness of Time and other Causes could not be avoided And further protested That at a â—it time he and his Subjects would demand the Goods as if they never had been restored Three Days after on the 28th of November the King caused to be delivered all the Things above mentioned to the two Procurators Albert and Leonard according to the Pope's Bull directed to him and to avoid the many Dangers and Damages that might otherwise happen to him his Dominions and Subjects saving the Right of him and his Subjects according to the Effect of his Protestation The King's Letter to this purpose was directed to the Guardians 1 Ibm. of the Lands and Tenements of the Templars in London and Suburbs and the like Letters were sent 2 Ibm. to Fifty six other Guardians of their Lands and Possessions in all Counties and several particular Places in England and to Audomar Earl of Pembroke to deliver and surrender the new Temple with all its Lands Tenements and Appurtenances in London the Suburbs and Middlesex In like 3 Ibm. manner he wrote to the Bishop of Lincoln several Noblemen and all the Sheriffs of England And then after these Letters and Instrument there is entred upon Record a long impertinent 4 Ibm. Acquittance reciting the Proceedings as before in their Request against the Templars from these Procurators by which they acknowledge themselves to be well contented and paid bene contenti pacati by the King and all others in the Restitution c. Dated in London on the Nones or 5th of December A. D. 1313. The Pope by a long Bull dated on the 5th of the Kalends of November or 28th of October in the 4th of his Pontificate commanded Robert Winchelsey Arch-Bishop of Canterbury A. D. 1309 to deliver an Abstract of it to the King and to Expound it to him which was thus Directed 5 Râ—g stâ—â—m Wâ—nchelsâ—y f. 6. â— in Doctors-Commons Excellentissimo Principi Domino suo vobis Domino Edwardo Dei gratia Regi Angliae illustri Domino Hiberniae Duci Aquitaniae insinuamus Exponimus nos Robertus permissione Divina Cantuarensis Archiepiscopus totius Angliae primas ex injuncto nobis mandato Apostolico quae inferius discribuntur To the most Excellent Prince and his Lord you Edward by the Grace of God illustrious King of England Lord of Ireland and Duke of Aquitan we Robert by Divine permission Arch-Bishop of Canterbury and Primate of all England by the Pope's Command do insinuate and declare to you the things under-written Which were these Grievances 1. That his Officers altho they were bound
Hugh Robert and Edmond Earl of Arundel did counsel him were it never so great Wrong During which Vsurpation by Duresse and Force against the Will of the Commons they purchased Lands as well by Fines levied in the Court of the said King Edward as otherwise And whereas after the death of the said Earl of Lancaster and of other Great Men our Sovereign Lord the King that now is and Dame Isabel Queen of England his Mother by the King's Will and Common Counsel of the Realm went over into France to Treat a Peace between the Two Realms of England and France upon certain Debates then moved the said Hugh and Hugh Robert and Edmond Earl of Arundel continuing their Mischief encouraged the said King Edward against our Sovereign Lord the King that now is his Son and the said Queen his Wife and by the Royal Power which they had to them encroached as afore is said procured so much Grievance by the Assent of the said King Edward to our Sovereign Lord the King that now is and the Queen his Mother then being beyond Sea that they remained as forsaken of the said King Edward and as exiled from this Realm of England Wherefore it was necessary for our Sovereign Lord the King that now is and the Queen his Mother being in so great Jeopardy of themselves in a strange Country and seeing the Destruction Damage Oppressions and Disherisons which were notoriously done in the Realm of England upon Holy Church Prelates Earls Barons and other Great Men and the Communalty by the said Hugh and Hugh and Robert Earl of Arundel by the encroaching of such Royal Power to them to take as good Counsel therein as they might And seeing they might not remedy the same unless they came into England with an Army of Men of War and by the Grace of God with such Puissance and with the help of Great Men and the Commons of the Realm they have vanquished and destroyed the said Hugh and Hugh Robert and Edmond Wherefore our Sovereign Lord King Edward that now is at his Parlement holden at Westminster at the time of his Coronation on the morrow after Candlemas in the First Year of his Reign upon certain Petitions and Requests made to him in the said Parlement upon such Articles above rehearsed by the Common Counsel of the Prelates Earls Barons and other Great Men and by the Communalty of the Realm there being by his Commandment hath Provided Ordained and Established in Form following First That no Great Man nor other of what Estate Dignity or Condition he be that came with the said King that now is and with the Queen his Mother into the Realm of England nor none other then dwelling in England that came with the said King that now is and the Queen in Aid of them to pursue their said Enemies in which Pursuit the King his Father was taken and put in Ward and yet remaineth in Ward shall not be Impeached Molested nor Grieved in Person nor in Goods in the King's Court nor other Court for the Pursuit of the said King taking and with-holding of his Body nor Pursuit of any other nor taking of their Persons Goods nor Death of any Man or any other things perpetrate or committed in the said Pursuit from the Day that the said King and Queen did arrive till the Day of the Coronation of the same King What follows in this Statute is not much to our purpose Those concerned in the Conspiracy against and Design upon the King thought them well covered by this Preamble and themselves well secured by this First Chapter After the end of this Parlement there were 3 Rot. Claus 1 Ed. III. M. 16. Dors The Scots refuse to treat of a Peace They break the Truce with England Commissioners sent to the Borders of Scotland to Treat of Peace but the Scots refused to Treat with them and not only so but brake the Truce which had been made with King Edward II. raised an Army and invaded England 4 Wals f. 127. n. 40. They make their escape from Stanhop-Park The Young King and his Mother raised an Army and with the Stipendiary Strangers marched against them and had almost inclosed them in Stanhop-Park in the Bishoprick of Durham yet in the Night they escaped and got into their own Country but threatned to return again Wherefore for the Defence of the Kingdom and other Matters there was a Parlement called to meet on the morrow of Holy Cross or 15th of September at Lincoln The 5 Rot. Claus ut supra Writ in which most of this Relation is contained bears Date at Stanhop Aug. 7. The English and Haynalters quarrel In their March towards the Scots the Haynalters Domineering over the English they Quarrelled at York where many were killed and the most English whether for fear of the English or 6 Knighton col 2551. n. 50. Wals ut supra The Haynalters c leave England for what other Reason the Haynalters and other Foreigners 7 Ibm. c. 2552. n. 40. left England not long after well Rewarded with Gold and Silver by the Queen and Mortimer and others of their Faction What was done in this Parlement I find not This Year there was another 8 Rot. Claus 1 Ed. III. M. 3. Dors Summoned to meet at York on the next Sunday after the Purification of the Virgin Mary to Treat of certain Articles propounded and declared between the Two Nations at Newcastle but nothing was done at this Parlement the Bishops and other Great Men not appearing and therefore as is expressed in the Writ 9 Rot. Claus 2 Ed. III. M. 31. Dors A Parlement at Northampton Dated March 5. next following he called another Parlement to meet three Weeks after Easter at Northampton In this Parlement 1 In A. D. 1327. A shameful Peace made with the Scots says Murymuth and Walsingham from him facta fuit turpis Pax inter Anglos Scotos there was made a shameful Peace between the English and Scots by the Direction and Contrivance of the Queen and Roger Mortimer by which David Son and Heir to Robert Brus King of Scotland was to Marry Joan King Edward ' s Sister both Children And he was also to release all his Right and Claim of Superiority that he and his Progenitors had in the Kingdom of Scotland and to deliver up all Charters and Instruments concerning the same Some great Matters having hapned after this Parlement that required great Advice there was a 2 Rot. Claus Ed. III. M. 15. Dors A Parlement at Salisbury Writ issued Aug. 28. for another to meet at Salisbury on the Sunday next after the Quinden of St. Michael In this Parlement 3 Wals f. 129. n. 10. Three new Earls made in this Parlement there were made 3 Wals f. 129. n. 10. Three new Earls made in this Parlement three Earls Iohn of Eitham the King's Brother Earl of Cornwal Roger Mortimer Earl
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
1 Ibm. Commission of the same Date John Duke of Brabant the Earl of Hanaw and Gueldres the Marquiss of Juliers and Sir William Dunork Lord of Onstrehout were added to them The Stiles of the Commissions were different in one 't is Philippus de Valoys Consanguineus noster Franciae Philip of Valoys our Kinsman of France without other addition In the other 't is Excellentissimus Princeps Dominus Philippus Rex Franciae Illustris Consanguineus noster Charissimus Most Excellent Prince the Lord Philip King of France our Illustrious most dear Cousin At Antwerp there was a Congress of the Confederates with King At a Congress of the Confederates Edward where on the 22d of July he revoked 2 Pat. apud Antwerp 12 Ed. III. M. 3. 7. The Commissions to treat were revoked the Power he had given the Commissioners abovesaid to Treat with Philip de Valois as King of France From thence the 3 Froys lib. 1. c. 32. K. Edw. made Vicar-General of the Empire Marquiss of Juliers was sent to the Emperor who obtained a Promise from him To make King Edward Vicar-General of the Empire 4 Ibm. c. 34. which was done accordingly and the Emperor commanded all People and Subjects of the Empire to obey the King of England his Vicar as himself and do him Homage In the 13th of his Reign at the Request of the Cardinals 5 Pat. Concess homin Angl. Vascon 13 Ed. III. M. 17. Another Treaty appointed without effect John Arch-Bishop of Canterbury Richard Bishop of Durham Henry Bishop of Lincoln the Earls of Derby Salisbury and Suffolk with others had on the 1st of July Authority to Treat with Philip de Valois or his Deputies upon the Dignities Honours Rights and Lands belonging to King Edward and all other Differences whatever The French Commissioners were the Arch-Bishop of Rouen the Bishops of Langres and Beavais the Place at Arras but without effect Having made this Progress toward a War with France for the obtaining that Kingdom 6 Wals f. 136. n. 50. See there the whole Letter and in Rob. Avesbury p. 83. b. K Edw. writes to the Pope and sets forth his Title to the Crown of France by Right of Succession he wrote to the Pope setting forth his Title to it That the Crown belonged to him by lawful Right of Succession as being Grandchild to Philip the Fair by his Mother Queen Isabel and tho' as he grants she could not Inherit by the Constitution of France yet when all the Sons of Philip were dead without Issue Male Charles the Fair being the last he claimed it as the nearest Male to his Grandfather and having the Right of Succession before Philip of Valois being Son to Charles Earl of Valois his Grandfather's Brother and affirmed That his Mother's Disability to take the Crown could not nor ought not to barr him of his Right This Letter bears Date at Antwerp July 16. 1339. in A. D. 1339. 13th Year of his Reign The Pope in 7 Wals f. 140. n. 20. The Pope's Answer to K. Edward s Letter answer to this Letter reprehends him for joining with Lewis of Bavaria the Emperor and receiving from him the Office of Vicar-General of the Empire seeing by his Predecessor Pope John XXII he had been Excommunicated and deprived of all Dignity and Honour who also had exercised the Power of the Apostolic Sword against all his Adherents who shewed him any Favour and gave him any Help or Advice or called or acknowledged him Roman King or Emperor declaring them Favourers of Hereticks Then persuading him to Peace and pretending great Affection to him advised him to hearken to the Cardinals that loved him sincerely and wished him Prosperity and in making Peace would propound nothing but what was pleasing to God and acceptable to the People This notwithstanding King Edward after he had been at Antwerp He entred France with an Army above a Year on the 19th of September 1339. saith Avesbury in October says Walsingham 8 entred France with a great 1 Ibm. f. 143. n. 30 40 50. Aves p. 86. b. Burns wastes and destroys the Country Army and burnt wasted and destroyed Cambresis or the Territory of Cambray and the Country of Vermundois and such as resisted him were put to the Sword 9 Ibm. Puts all that resisted him to the Sword The King of France marched towards him with a vast Army but when he came to Fighting he retreated for Fear The Pope hearing of this 1 Wals 144. n. 10 20. The Pope offers his Mediation for a Peace attributes the cause of not Fighting to Providence and an Act of Divine Clemency for the sparing of Christian Blood and after many Remarks upon it and the War beseeched the King for the Lord's sake and by the Mercy of God to think of Peace and in the mean time to consent to a Truce in order to a Peace and if the Cardinals by what they should propound could not effect it he offered his own amicable Mediation for a happy End and Composure of all Differences The King's Answers to the 2 Ibm. f. 145. 10 20 c. K. Edward's Answer to the Pope's offer of a Mediation Pope were his most humble Thanks for offering his Mediation and the Care and Affection he had for his Sons and that he should pursue his wholesom Advice but that Philip unjustly usurped the Crown of France lawfully devolved upon him after the Death of his Vnkle Charles the last King thereof That he had seized on Aquitan and excited the Scots to Rebell against him and therefore he intended not to neglect his Hereditary Rights but should endeavour to recover them by the Help of God and although that Kingdom had been demanded for him before the Cardinals who had earnestly and laudably laboured in the Business of Peace yet he could not obtain a reasonable Answer nor know what he would do or offer and that after many Treaties he would not hearken to Reason On the 3 Claus 13 Ed. III. Part. 2. M. 28. Dors A Parlement summoned 25th of August not long before King Edward's Inroad into France the Duke of Cornwal Guardian of England in his Name issued Writs for a Parlement to meet 15 Days after Michaelmass 4 Rot. Parl. 13 Ed. III. Part. 1. n. 4. The King sent to them an Account of his Affairs in France To which Parlement came the Arch-Bishop of Canterbury the Bishop of Durham and Monsieur William de la Pole from the King then in France to shew the Lords and Commons what he had done beyond Sea and his Condition there and the Mischief that had befaln him and those with him by reason he was not supplied from England At the same time came Letters to the Earl of Huntington and to the Prussia Merchants That the King was in France near St. Quintins with an Army of 15000 Men and more so as it was hoped with the Ayd of God
others any grief or prejudice to be done to the other his Friends or Allies by the Church of Rome or others of Holy Church whatever they were nor to their Lands or Subjects by reason of the War or any other cause nor for the service the Allies and Assistants of both Kings had done or should do for either of them And if their most Holy Father the Pope or others would do so both Kings might oppose them to their Powers without doing ill during the Truce All Prisoners of War on both sides to be released during the Truce upon their Paroles to return again to Prison when it was ended 6. That there should be a Truce between the English and Scots for the same time and certain Persons appointed upon the Borders of each Kingdom to see it observed upon such Conditions as had been formerly Which if the Scots refused the King of France was not to assist them with Force or any other ways to relieve and encourage them And it was agreed That this Truce should be notified or proclaimed in England and Scotland 26 Days after the Date thereof 8 Ibm. p. 93. a. which was confirmed and sealed with the Seals of the Commissioners on both sides in the Church of Espetelyn on Monday the 25th of September in the Year of Grace 1340. In the time of this Truce several Commissions were issued for Several Commissions during this Truce to make a firm Peace without effect the ending all Controversies between the Two Kings by a full Peace or long Truce as they are to be found in the Alman or Close Roll in the Tower in the 15th of Edward III. But they had no other effect than to continue the Truce unto the Decollation of St. John Baptist or 29th of August from thence to the Exaltation of the Holy Cross or 14th of September and from that time to Midsummer the next Year While the King lay before Tournay the Scots 9 Knighton col 1580. The Scots plundered wasted the Borders that had not submitted to King Edward Baliol came into England and plundered and ravaged the Country as far as Durham but being included in the Truce as above all Hostility ceased during that Truce After the Siege of Tournay the King went to Gant and staid there some time and returning into England on the Feast 1 Claus 14 Ed III. Part 2. M. 12. Dors of St. Andrew about midnight he arrived at the Tower and next morning he sent for the Arch-Bishop of Canterbury to Lambeth but found him 2 Hist Sacr. vol. 1. f. 20. The A. Bp. of Canterbury and others of the King's Council imprison'd not there He also sent for the Bishop of Chichester his Chancellor the Bishop of Lichfield and Coventry Lord Treasurer and several others his Great Officers Clerks of Chancery and Justices and imprisoned them in the Tower except the Bishops whom says 3 p. 93. a. c. 35. Robert of Avesbury for fear of the Clementine Constitution That Bishops ought not to be imprisoned he permitted to have their Liberty On the 3d of December the Arch-Bishop went to Canterbury and secured himself in his Church to escape future Dangers Most of the Persons 4 Rot. Parl. 14 Ed III Paâ—t 1. n. 13 14 15. sent for or imprisoned by the King were of the King's Council in England and those who were appointed and directed in Parliament to take care of the Payment of the King's Debts to the Town of Brussels and other Towns in Brabant and Flanders and treat with the Merchants both Foreign and English about paying the Money amongst whom was the Arch-Bishop The Sheriffs 5 Ib. Part 2. â— 17 25â— were commanded to send from all Cities and Burghs in their several Counties Merchants to be before the King's Council at London or Westminster on Monday next after the Assumption of the Virgin Mary or 15th of August to treat with About selling the Wooll granted them about buying the Ninth of Wooll in all Counties where the Arch-Bishop of Canterbury some other Bishops Earls and Barons of the King's Council there named as being nearest at hand Treated with them and contracted 6 n. 20 c. ad 28. for great numbers of Sacks of Wooll the Money to be paid at Bruges within three Weeks after or upon the Feast of the Nativity of the Virgin Mary or 8th of September or upon the Feast of St. Michael The Merchants of Bard and Prussia bought much of this Wooll and engaged to pay the Money to the People of Louvain and Malins and several particular Persons there named Almans and others that had been retained by King Edward and also sent for divers Persons to account before them and ordered them to return the Money to the King beyond Sea On the 30th of July 7 n. 29. the Arch-Bishop of Canterbury the Lords Chancellor and Treasurer the Earl of Arundel Thomas Wake of Lydell and others of his Council in England wrote to the King to give him an account of his Subsidy and to let him know That the Grant of 20000 Sacks of Wooll to raise Money speedily was not made in the Parlement he Summoned before he went beyond Sea to meet on Wednesday next after the Feast of St. Thomas or 7th of July until the Vigil or Eve of St. James or 24th of the same Month And therefore he could not wonder nor his Allies or good People of Flanders That neither Wooll nor Money was then come to him for certainly as much as could be levied of his Subsidy should come to him daily as soon as the Pains or Knowledge of Man could cause it to be sent or paid The Arch-Bishop having secured himself at Canterbury 8 Hist Sacr vol. 1. f. 21. 25. The A. Bp of Canterbury's Advice and Reproof to the King the King sent Nicholas de Cantelpue with Letters of Credence That he would come to him to London where he might personally speak with him but he came not pretending some about the King had threatned to kill him Yet though he came not he wrote to the King and admonished him to take good Advice and make 9 Wals f. 150. â— 10 20 c. use of good and wise Counsellors and to remember that by evil Counsel his Father had contrary to the Laws of the Land and Magna Charta imprisoned some great Men and others adjudged them to death seized their Goods or put them to grievous Ransom And what hapned to him for this cause He also put him in mind That by the Circumspection and Discretion of the Prelates the Great and Wise Men of the Nation his own Affairs had prospered so as he possessed the Hearts of the People and had met more Assistance from the Clergy and Laity than any of his Progenitors But at present by the evil Counsel of some English and others who loved their own Profit more than his Honour or the Safety of the People he
Charles Earl of Blois and John Earl of Montfort about Succession to and Enjoyment of that Dukedom Their Titles were thus Arthur the second had 1 Ib. and Robert of Aversbury p. 98. b. c. 40. Competitors for the Dukedom Two Sons by his first Wife this Duke John and another who Married and had a Daughter only and died before the Duke his Brother This Daughter was Married to Charles Earl of Blois Nephew to Philip the French King by his Sister The same Arthur by a second Wife had a Third Son who did bear the Title of Earl of Montfort The Question was Whether the Wife of the Earl of Bloys or the Earl of Montfort was nearest in Blood to the late Duke Upon the Dukes Death Montfort went to Nantes the chief City in Bretagne 2 Froâ—ssard Ibidem The Citizens of Nantes and some others own Montfort where he was received by the Citizens and People of the Country thereabout as their Lord and as nearest of Blood to his Brother who did homage and sware fealty to him To this place he summoned in the 3 Ib. 65 66 67. The Nobility and best fort of People appear not upon his Summons Nobility and the best sort of People of the Country and good Towns of Bretagne who appeared not whereupon he raised an Army and took the Town and Castle of Brest the City of Rennes the Town and strong Castle of Hannybout the Town and Castle of Caraches Yet after all this the Earl 4 Ib. c. 68. He offers to hold the Dukedom of the King of England by Homage and Fealty King Edward accepts his offer and promiseth to defend him of Montfort fearing the Earl of Bloys by the power of France might drive him out of the Dukedom came into England and offered to King Edward to hold it of him by Homage and Fealty if he would defend him against the French King and all others who should give him Trouble in this Matter The King accepted his offer and thought he should have great advantage by it as not having a more commodious way of entring France than by Bretagne calling to mind that the Alemans or Germans and Brabanters had done little or nothing for him and only made their own advantage by spending him much Money After Homage done King Edward in the presence of the Lords of Bretagne and England that were present promised he would aid and defend him as his Liege-man against the French King and all others The Homage and Promises were written sealed and delivered interchangeably The French King observing what the Earl of Montfort had The French King summons him to Paris done in Bretagne and hearing he had done Homage to the King of England for that Dutchy at the Request of the Earl of Bloys he was summoned to appear at Paris before the King Twelve Peers and other great Lords of France He appeared according to Summons 5 Ib. c. 69 70. He denies he did Homage to the King of England and when the French King charged him with having done Homage to his Adversary the King of England he denied it He then commanded him by all he held of him that he should not depart from Paris in Fifteen days in which time the Twelve Peers and other Lords should judge of his Right But he suddenly and privately withdrew from Paris and returned into Bretagne Nevertheless the Peers and Lords on the 15th day gave their The Peers of France give the Title of the Dutchy of Bretagne to Mary the Wife of the Earl of Bloys Opinions concerning the Title and Inheritance of the Dutchy That it belonged to Mary the Wife of the Earl of Bloys and further their Opinions were That if ever the Earl of Montfort had any Right he had forfeited it two ways by doing Homage and receiving it from any other Lord than the King of France of whom he ought to have held it and by disobeying the King's The Earl of Bloys enters Bretagne Commands in going from Paris without his Leave No sooner was this Judgment passed for him 6 Ib. c. 71 72. Surprised and took Earl Montfort but the Earl of Bloys with great assistance from the King of France entered Bretagne and surprized and took the Earl of Montfort in the Town of Nantes by the Treachery of the Townsmen from whence he was sent Prisoner to Paris and there died This was done says Foissard 7 Ib. c. 72. A. D. 1341. Who died at Paris being there Prisoner in the year 1341 about the Feast of All-Saints which was in the Fifteenth year of Edward the Third after whose Death his Widow Sister to the Earl of Flanders a Princess of great Prudence and Courage 8 Ib. c. 79. and Du Chesne f. 656. B. His Widow maintains War against the Earl of Bloys maintained the War against the Earl of Bloys and kept possession of those Parts and Places of Bretagne as had not been brought under his power This was in the beginning of Winter when the French Nobility that came with the Earl of Bloys by the King of France his Command retired the fury of the War then ceasing but failed not to return in the Spring to attempt to take from the Countess of Montfort what remained in her possession So soon as she was informed of their return she sent 9 Ib. in both She sends to the King of England for assistance Emery de Clisson a Lord of Bretagne into England to Request Assistance of the King propounding her Son John Heir to the Earl of Montfort as a Husband to one of his Daughters who was afterwards 1 Sâ—â—df Genealog Hist f. 179. Which she received Married to Mary his fourth Daughter and she enjoyed the Title of Dutchess of Bretagne The Proposition was readily agreed to by the King and he sent Sir Walter Manny into Bretagne with as many Men 2 Frâ—iss Du Châ—sne â—t supra A. D. 1342. Upon the Marriage of her Son with the King 's 4th Daughter at Arms as Sir Emery desired and also 3000 Archers but these were not sufficient to defend the Country against the Force of the Earl of Bloys who had taken Rennes Vannes and other Places and would have conquered all Bretagne if not speedily opposed 3 Ib. Frâ—iss c. 86. 90. Du Cheâ—ne f. 657. B. This Account was sent to the King by Messengers from the Countess and Sir Walter Manny whereupon he sent Robert de Artois with more Men Arms and Archers to reinforce Sir Walter 4 Du Chesne Iâ—m C. D. Frâ—â—ss c. 92. This joint Force besieged and retook Vannes but not long after Vannes was recovered by assault made by the Forces and Friends of Charles of Bloys in the defence whereof 5 Ib. c. 9â— Du Châ—sne f. 658. B. C. Robert de Artois was much and dangerously wounded who not long after returned into England in hopes of better Chirurgeons and Medicines and died there The
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
Nobility Gentry and Citizens in all Places and their Violence exercised upon the Peasants the Practices of the King of Navarre against the Dauphin and Government of France by making Divisions amongst the People and driving them into Parties and Factions the Barbarity of the Plundering-People calling themselves Companions and of the Soldiers 5 Mezer. f. 76. both Foreign and Domestics who upon Truces made between the Parties were neither disbanded or paid All these robbed and pillaged one another committed Rapin without distinction wasted and burnt the Countries where they came until the Dauphin procured himself to be declared Regent of France by the Parlement at Paris 6 Ib. f. 377. in the Year 1358. and some little while after until the Nation was reduced to some sort of Settlement by that Regency and Compliance between the Regent and Parlement which had not been before The last-mentioned Truce being expired without hopes of Peace 7 Froys lib. 1. c. 201. the King of England and his Son the Prince of Wales the the King of France and James Earl of Bourbon only amongst A Peace concluded themselves Treated of and agreed upon a Peace and sent the Articles into France to the Duke of Normandy the Dauphin and Regent He assembled the Prelates Nobles and People of the Good Towns who upon debate of the Terms resolved to suffer The French refuse the Terms more than they had done and permit their King to remain Prisoner rather than to submit to such Articles as should so much lessen the Power of France King Edward at the Return of the Messengers understanding the Resolution of the French determined to enter France with such a Force as should make an end of the War or procure Peace according to his Desire K. Edward raiseth a mighty Army To put what he resolved on in execution he raised an Army such as had not been 8 Froys â— 1. c. 205. seen and sent the Duke of Lancaster before him to Calais 9 â— 174. li 5. a. 1100 Ships provided to transport that Army Walsingham says there was Eleven hundred Ships prepared at Sandwich to Transport this Army from which Port he set sail on the 28th of 1 Claus 33 Ed. III. M 9. Dâ—rs October taking with him his Four Sons 2 Froys ut sâ—pra c. 207. Prince Edward Lyonel John and Edmond 3 Wals f. 174. â—in 3 6. 7. with most of the Nobility fere Proceres omnes leaving his young Song Thomas of Woodstock not then four Years old Guardian of the Kingdom with a Council fit to perform that Charge Before his 4 Froys l 1. c. 206. The King of France and his Son sent to the Tower Passage he sent the King of France and his Son from their loose Confinement to the Tower or more safe Custody and the rest of the French Prisoners into Places of Security With this Army 5 Ib. c. 209 210 211. he marched into the middle of France laying all waste as he marched He was entring 6 Was f. 174. n. 10. K. Edward marches into the middle of France burns and wastes the Country The French sue for Peace Burgundy when the Duke met him and compounded with him for Seventy thousand Florens to spare his Country from Burning and Rapin. The French kept themselves within their Places of Strength and filled them with Armed Men and permitted the Country to be harassed and ravaged by this Army The Miseries and Desolation of the Kingdom of France at this time and in this manner urged the Duke of Normandy and Regent the Clergy Nobility and all sorts of People to be desirous of and sue for a Peace 7 Mezeray f. 380. Cardinal Simon de Langres the Pope's Legate the Abbot of Clugny and the Dauphin's Commissioners always followed King Edward's Camp and earnestly sollicited for Peace The 8 Duke of Lancaster and other Lords were inclinable K. Edw. averse to a Peace and pressed the King to hearken to it He was averse putting such Terms upon the French they could not submit to them until as 9 Lib. 1. c. 211. Was â—frighted into it by a Tempest Froysard tells the Story being before Chartres there suddenly happened such a Tempest of Thunder Lightning Rain Hail and Stones that it killed many of his Men and Horses when turning towards our Lady's Church there and stedfastly beholding it he made a Vow to her to Consent to Peace And being then Lodged in a Village called Bretigny near Chartres Commissioners were appointed on both sides to Treat there accordingly This Famous Treaty of Bretigny was managed by 1 Rot. Cales de negotiis comunibus 3. a. Ed. III. M. 6. the Prince of Wales and Charles Regent of France in the Names of both Kings Commissioners for the English were Sir Reginald de Cobham Sir Bartholomew Burghersh Sir Francis Hale Banerets 1 Rot. Fran. 34 Ed. III. M. 11. Dors The famous Treaty of Bretigny Sir Miles Stapleton Sir Richard la Vache and Sir Neel Loring Knights with others of the King's Council On the French Party were the Elect of Beauves the Chancellor Charles Lord Momerency Monsieur John de Meingre Marshal of France Monsieur Aynart de la Tour Lord of Vivoy Monsieur Ralph de Ravenal Monsieur Simon de Bucy Knights Monsieur Stephen de Paris and Peter de la Charite with many others of his Council named by King John himself These Commissioners on both sides 2 Mezeray f. 380. A Peace made in 8 days met the first of May at Bretigny aforesaid within a Mile of Chartres and concluded upon all the Articles of this Peace in eight Days time which do here follow Translated from the French with Notes where they were afterwards altered and corrected by the Two Kings at Calais Edward Eldest Son 3 Rot. de Tract at pacis Fran. 34 Ed. III. M. 10. See also Leibnitz Codex juris Gentium from f. 208 to f. 220. to the King of France and England Prince of Wales Duke of Cornwal Earl of Chester To all those who shall see these Letters Greeting We make you know That all the Debates and Disorders whatsoever moved or stirred between our Lord and Father King of France and England on the one Part and our Cousins the King his Eldest Son Regent of the Realm of France and all those it may concern on the other Part. For the Good of Peace it is Agreed the 8th Day of May 1360. at Bretigny near Chartres in the manner following 1. First 4 Ibm. That the King of England with what he holds in Gascogne and Guyen shall have for him and his Heirs for ever all those Things which follow to hold them in the same manner the King of France or his Son or any of his Ancestors Kings of France held them That is to say Those in Soveraignty in Soveraignty and those in Demain in Demain according to the time and manner
hereafter declared The City Castle and Earldom of Poictiers with the whole Land and Country of Poictou together with the Fief of Thouars and Land of Belleville the City and Castle of Xaintes and the whole Land of Xaintonge on this side and beyond the River of Charente the City and Castle of Agen and the Land and Country of Agenois the City and Castle and whole Earldom of Perigort and the Land and Country of Perigeux the City Castle and whole Earldom of Limoges the Land and Country of Limozin the City and Castle of Cahors and the Land and Country of Cahorsin the City and Castle and Country of Tarbe and the Land and Earldom of Bigorre the Earldom Land and Country of Gaure the City and Castle of Angolesm and the Earldom Land and Country of Angolesmois the City and Castle of Rodes the Land and Country of Rovergne And if there be any Lords as the Earl of Foix the Earl of Armagnac the Earl of Lisle the Earl of Perigort and Viscount of Limoges or others which hold any Lands within the Bounds of these Places they shall do Homage to the King of England and all other Services and Devoirs due by reason of their Lands in the same manner they did in times past The First Article was corrected and in instead of the Words Those in Soveraignty in Soveraignty were inserted these Those in Fee in Fee 2. Also the King of England shall have all that any of the Kings of England anciently held in the Town of Monstruel upon the Sea with their Appurtenances 3. Also the King of England shall have all the County or Earldom of Ponthieu entirely save and except That if any thing of the said County or Appurtenances have been alienated by the Kings of England for the time being and to other Persons than the Kings of France the King of France shall not be obliged to render them to the King of England And if the said Alienations have been made to the Kings of France for the time being without mean and he doth possess them at present they are entirely to be released to the King of England except the Kings of France had them by Exchange for other Lands of the Kings of England then both were to release But if the Kings of England for the time being had alienated any thing to other Persons than to the King of France and afterwards they came into his hands he shall not be obliged to render them Also if the things abovesaid owe Homage the King of France shall convey them to others who shall do it for the King of England And if they do not owe Homage the King of France shall appoint a Trustee or Tenant to perform the Devoir within one Year after he shall part from Calais 4. Also the King of England shall have the Castle and Town of Calais the Castle Town and Seigneurie of Merk the Towns Castles and Lordships of Sangate Colongue Hames Wale and Oye with Lands Woods Marshes Rivers Rents Lordships or Seigneuries Advowsons of Churches and all other Appurtenances lying between the Meeses and Bounds following That is to say from Calais by the Course of the River that goes before Graveling and also by the Course of the same River round about Langle and by the River which goes beyond the Poil and by the same River that falls into the great Lake of Guisnes and so to Fretun and from thence by the Valley about the Hill Calculy inclosing that Hill and so to the Sea with Sangate and all the Appurtenances 5. Also the King of England shall have the Castle Town and County or Earldom of Guisnes with all the Lands Towns Castles Forteresses Places Men Homages Lordships Woods Forests and the Rights of them as intirely as the Earl of Guisnes lately dead had them at the time of his death and the Churches and good People being within the Limits of the County of Guisnes of Calais and Merk and other Places abovesaid shall obey the King of England as they obeyed the King of France or Earl of Guisnes for the time being All which things of Merk and Calais contained in this and the precedent Article the King of England shall hold in Demain except the Heritages of the Churches which shall remain to them intirely where-ever they be and also except the Heritages of other People of the Country of Merk and Calais lying out of the Town of Calais to the value of an Hundred Livres of yearly Rent or under of Current Money of the Country which shall remain to them But the Habitations and Heritages being in the Town of Calais with their Appurtenances shall be to the King of England in Demain to dispose of them at his pleasure and also the Inhabitants in the County Town and Lands of Guisnes shall enjoy all their Demains intirely and shall wholly be returned to them saving what hath been said concerning the Borders Meets and Bounds in the precedent Article 6. Also 't is agreed the King of England and his Heirs shall have and hold all the Isles adjacent to the Lands Countreys and Places before named together with all other Isles which he holds at present 7. Also 't is agreed the King of France and his Eldest Son the Regent for them their Heirs and Successors as soon as they can without deceit and at furthest by the Feast of St. Michael in one year after the same Feast next coming shall render tranfer and deliver to the King of England his Heirs and Successors all Honours Obediences Homages Ligeances Vassals Fees Services Recognisances Mere and Mixt Empire and all manner of Jurisdiction high and low Resorts Safeguard Collations and Patronages of Churches and all manner of Seigneuries and Soverainties and all the Right they have or can have appertains or can appertain to them by what Cause Title or Colour of Right soever or to the Kings and Crown of France by reason of the Cities Counties Towns Castles Lands Countreys Isles and Places before named and all their Appurtenances and Dependances and every one of them where-ever they are without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France And also That the King and his Eldest Son should send their Letters Patents to all the Arch-Bishops Bishops and all other Prelates of Holy Church and to the Earls Viscounts Barons Noblemen Citizens and others of the Cities Lands Countreys Isles and Places before-named that they should obey the King of England and his Heirs and their certain Command in the same manner they had obeyed the Kings and Crown of France and by the same Letters they should quit and absolve them after the best manner they could from all Faiths Homages Oaths Obligations Subjections and Promises made by any of them to the Kings and Crown of France in what manner soever This Article was corrected The Word Resorts being left out in the Correct Copy and these Words or Sentence and all manner of
according to the Original by others according to the Corrected Articles but 't is not very hard to see thro this Mystery for both Kings and their Sons were very strict and exact in Confirming both Copies of the Articles as they thought themselves obliged by Oath to do and first confirmed them at Calais before the King of France had his Liberty and afterwards at Bologn when he was free from his Imprisonment yet were not so strict and just in the observation of their Oaths in the performance and fulfilling of them but used and made their advantage of the different Copies of the Letters and Instruments as they served their turns All things at that time relating to this Peace at Bretigny that could be having been finished at Calais and Bologne the 1 Froysard lib. 1. c. 213 f. 108. b. A. D. 1360. The King returns to England with the Hostages for the Observation of the Peace of Bretegny King his Sons and others with the Hostages of France took Shipping on the Eve of All-Saints or last of October and came for England where the Lords and other 2 Ibm. Their Freedom and Kind Reception in England Hostages had all the Enjoyments of the City of London Hawked Hunted and Visited the Ladies in the Country without any Restraint the King's Favour being so great towards them It was not long after this 3 Ib. c. 214. Du Chesne f. 693. D. A. D. 1361. King Edward â—â—nt Commissioners into France to take Possession of what had been agreed on that King Edward sent his Commissioners into France to take possession of what was granted him and what he was to enjoy according to the Peace but several Lords in Languedoc and Gascogne refused at first to be wholly under the Power of the English notwithstanding the King of France had Released their Faith and Homage which they affirmed Several Earls Viscounts and Lords refuse to become his Subjects Yet at last submit against their Wills he could not do nor make them Subjects to another Man The Lords were the Earls of March Perrigort Gominges Arminac the Viscounts of Chastillon and Carmaing the Lords of Pincornet and d'Albret yet at last pressed by the King's Command and prevailed upon by the King's Cousin James of Bourbon who was sent Express to them they obeyed against their Wills The same Difficulties were found in 4 Ibm. in both The same difficulties of non-submission in Poictou c. Poictou Rochelois and Xantoigne The Rochellers excused themselves often praying King John he would not put them out of his Power that they might come under the power of the English shewing to him they had rather every year be Taxed to the half of their Goods then come under their Power yet at length they submitted declaring openly That they would obey but their Hearts could never be moved 5 Froys Ib. Du Chesne f. 694. A. Further Difficulties about Evacuating Garrisons This done King Edward made Sir John Chandos his Lieutenant who had possession given him of all the Lands Countreys Towns and Fortresses which he was to have in France by John de Maingre Marshal of France and Received the Fidelity and Homages of all the Earls Viscounts Barons Knights and Esquires Towns and Fortresses making and appointing Seneschals Bayliffs Governors and all Officers in all Places in the Name of the King of England and made his own Residence at Niort a City in Poictou Then these there were yet greater Difficulties for notwithstanding what the English and French Commissioners for evacuating the Garrisons held by or for the English could do 6 Froys Ib. f. 109. b. Robbers Plunderers and Disbanded Officers and Soldiers there were some that would not yield but pretended they were imployed by the King of Navarre There were also many Strangers great Captains and great 7 Ibm. Make a great Body and call themselves Companions Robbers or Pillagers as Almains Brabanters Flemmings Haynalders and Gascoins who would not quit their Imployments or the Kingdom of France but set up for themselves under the Name of Companions and the Disbanded Soldiers of such as gave up the Garrisons and freely left their present Imployments ran into them chose new Captains and formed themselves into a great Body of Men 8 Ib. f. 110. a. so as it was feared in time they might do more Mischief in France then the War had done 9 Walsingh f. 178. l. 9 13. f. 181. l. 9. The greater part of their Leaders were English or at least under the Dominion of the King of England yet would not obey his Orders answering they must live by what they got To reduce these or expel them the Nation 1 Froys Ib. c 215. f. 111. 4. James of Bourbon sent with an Army to reduce them the King of France sent his Cousin James of Bourbon with an Army which was routed and himself much wounded of which Wounds he died three days after 2 Ibm. which was routed and himself killed They divide into Two Bodies These Companions pillaged and plundered the Countreys and good Towns where-ever they came and by the encouragement of this Victory or Advantage they grew very numerous so as they divided themselves into Two Bodies one whereof lay at Ance upon the River Saone not far from Lyons 3 Ib. f. 111. b. One whereof marched toward Avignon And threatned the Pope and Cardinals the other marched down by the River Rhosne leaving Lyons toward Avignon and in their way took the Bridge and Town of Holy Spirit within Seven Leagues of that Place and other Fortresses making themselves Masters of that River in this Place they found great Riches and had contrived to proceed to Avignon and take it or bring the Pope and Cardinals under their Mercy Pope Innocent and the Cardinals much disturbed at the Proceedings of these People who besides Robbing and Plundering committed all sorts of 4 Ibm. A Croysado Preached up against them without effect horrid Villanies preached up a Croysado against them and absolved all from Crime and Punishment a culpa poena who would venture their Lives to destroy them 5 Ibm. The Artifice to divert them but this Design did not take and therefore they sent to the Marquis of Montferrat who had then War with the Milanese to come to Avignon 6 Ibm. where it was contrived That for a good Sum of ready Money and the Promise of great Pay he should attempt to get them into his Service which had its due effect for upon the Payment of the Money and his Promise they quitted the Town of St. Spirit and other Places and marched with him into Piedmont The other Body of Companions would not stir out of France but kept possession of what they had got and increased in their Numbers and Outrages During these Confusions in France King Edward sent his Commissioners Sir Thomas Vuedale and Mr. Thomas de Dunclent Licentiate in Laws to the King
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
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
granted the last Parlement and that they might be Sworn in their presence That what was Received by them should wholly be expended upon the Wars and not otherwise and that the High Treasurer of England should receive nothing or any ways meddle herein But afterwards when they had 9 Ib. n. 21. Who were laid aside and the High Treasurer made Receiver considered what Sum the Wages of such Four Treasurers would amount unto by the year quel somme les Gaiges des sieux quatre Tresoiriers resident â—ur celle fait amonteroit per an the Commons departed from this Request and prayed the High Treasurer might be Receiver to the use of the War in manner accustomed The 1 Ib. n. 32. The Commons Petition Commons in this Parlement beseeched the King That the Patent lately granted viz. November the 4th as above by the great Council to the Major Aldermen and Commons of the City of London upon the Article That no Strange Merchant That the Patent granted to London might be granted to other Cities and Burghs ought to Sell to another Strange Merchant any Goods or Merchandise to Sell again in manner as in the said Patent is more fully contained might be renewed and granted as well to other Cities and Burghs as to them with a Charter or Clause of Confirmation Of which Patent the Copy follows Edward 3 Ib. Rot. Parl. 51 Ed. III. n. 33. The Patent it self King of England c. To whom these present Letters shall come Greeting Our Beloved and Faithful the Major Aldermen and the rest of the Citizens of the City of London by their Petition exhibited before us and our Great Council containing amongst other things That for that all Strangers do freely sell all sorts of Merchandise whatsoever within the Liberty of the said City that they may be sold again as the Citizens do whereas the said Strangers according to the Liberty of the said City anciently obtained ought not nor could so do Whereby as well the said Citizens are much impoverished and Goods and Merchandise much more dear c. for Relief of the Citizens and Common Profit of our People under a grievous Forfeiture to us to command they shall be restrained We being favourably enclined to the said Petition Will and Grant That no Stranger within the Liberty of the City aforesaid shall sell any Merchandise to a Stranger or any ways presume to do it that they may be sold again until by the Noble and Great Men of our Kingdom per Proceres Magnates Regni nostri it shall be duly debated in our next Parlement whether our present Grant may for the future redound to the Disprofit or Common Profit of our People Saving always to the Lords of our Kingdom and all others that they may buy such Merchandise of all Men in Gross for their own Vse and saving also to the German Hanse Merchants the Liberties Granted and Confirmed to them by us and our Progenitors In Witness whereof we have caused to be made these Letters Patents Witness our self at Westminster Novemb. 4. in the Year of our Reign of England 50th of France 37th The Answer to the Petition above with which this Patent was delivered and presented by the Commons was Le Roy 4 Ibm. Ro. The Answer to the Petition voet estre informe The King will be informed At the same time the 5 Ib. n. 34. A Petition of the Commons and Citizens of London about their Corner Commons with the Mayor Aldermen and Commons of the City of London Petition the King That for divers Mischiefs that often happened in the said City by reason the Coroner was not Justiciable nest pas justisable by the Major Aldermen or other Officers That they might chuse a Coroner of themselves and remove him when they pleased as it was practised in many Cities and Towns of the Land they answering to the King in manner as appertained to the said Office The King's Answer was Le Roy 6 Ibm. my voet mye depart a son ancien Droit The King The King's Answer to it will not depart from his ancient Right The Commons Petition the 7 Ibm n 35. The Commons Petition that Foreigners might be removed out of the Land c. King That for many Causes well known to his Privy Council as to them That it would be profitable to the Kingdom that all manner of Foreigners were commanded out of it during the Wars unless they were Merchants and Artificers which were not Adherents to his Enemies and such as their stay were advantageous to the Reaalm and for that he was their Liege Lord pur le que voz esterz nostre Seigneur Liege c. and had the Power of doing Justice in Right of his Crown in all things Temporal within his Kingdom and that they have no Obedience of any thing Temporal but to him as their King and Liege Lord That he would please to Order and Command That none of his Lieges be Farmer or Servant to any that have Estates in England unless to such as inhabit there or such as were in his Legiance and had special Leave to live out of the Kingdom And that he would please to Command his Sage Council to add more to this matter that might be needful for the Amendment and Profit of his Kingdom And they all his said Commons make Protestations before God Himself and all the Prelates and Clercs which were at that Parlement That their Intent and Will was That the True Estate of Holy Church shall not by them be Blemished in any Point but otherwise preserved and kept safe according to your Pleasure The Answer was Le Roy les 8 Ibm. Ro. The King's Answer Grantz de la Terre s'adviserent en ordeneront que mien y soit Affoire The King and the Great Men of the Land will Advise and order what is best to be done And further in this case they Petition 9 Ibm. n. 36. They Petition against Provisors That all Provisors of Benefices from Rome and that their Officers or Servants may be put out of the King's Protection if they Sue Prosecute or any way Disturb or cause to be Excommunicated the True Patrons This was the Answer The Pope hath promised Redress 1 Ibm. The King's Answer and if he makes it not the Laws in this case shall be in force Amongst their Petitions in this Parlement we find the 2 Ibm. n. 75. The Commons pray the Judgment against the Lord Latimer may be reversed Commons pray the King and Noble Lords of Parlement That whereas in the last Parlement by untrue Suggestions and without due Process the Lord Latimer one of the Peers of the Realm and sufficient to be of the King's Council as well for his Wars as otherwise was outed of all Offices and Privy Council with the King estoit oustrez de toutz Offices des Privez Consielx entrour le
Person of the Kingdom Males and Females above the Age of Fourteen Years except very Beggers and desire to be excused they could give no greater Subsidy The Issue of Edward III. by Philippa of Haynalt HIS Eldest Son was Edward of Woodstock so called because born 1 Wals Hist f. 130. n. 40. Hypod. Neustr f. 510. n. 50. there June 15. 1329. or 1330. He was Prince of Wales and Married Joan Countess of Kent called for her great Beauty The Fair Maid of Kent She was Daughter to Edmond of Woodstock sixth Son of Edward I. but second by his Queen Margaret Sister to Edmond Son of Edmond of Woodstock and Sister and Heir to his Brother John who both died without Issue 2 Sandf Geneal Hist f. 184 215. She was first Married after the 25th Year of her Age and 26th of Edward III. to Sir Thomas Holland Knight of the Garter and in her Right made Earl of Kent by whom she had Issue two Sons Thomas Earl of Kent and John Duke of Excester He died Decemb. 26. in the 34th of Edward III. 1360. And her Second Husband was William Montague Earl of Salisbury from whom she was in a short time Divorced by Consent With this Lady the Prince fell in Love and was Married to her in the 31st Year of his Age and 35th of his Father's Reign 1361. By 3 Wals f. 180. n. 30. A. D. 1365. her he had first Edward of Engolesm so called because there born who died in the 7th Year of his Age. His second Son by her was Richard of 4 Ibm. f. 181. lin 5. A. D. 1366. Burdeaux so also called because born there succeeded his Father as Prince of Wales and his Grandfather in the Kingdom by the Name of Richard II. William of 5 Hypod. Neustr f. 512. n. 30. Hatfield Second Son of Edward III. born there 1336. in the 10th of his Father's Reign who died very young The Third Son of King Edward and Queen Philip 6 Ibm. f. 513. n. 30. was Livnell born at Antwerp Created Duke of Clarence and Married to Elizabeth de Burgh Daughter and Heir of 7 Sandf ut supra f. 219. 222. William de Burgh Earl of Vlster Lord of Clare Canaught and Trim by whom he had only one Daughter named 8 Ibm. Philippa She was by her Grandfather after the Death of her Father at the Age of 13 Years Married to Edmond Mortimer Earl of March and Lord of Wigmore in the 42d of Edward III. 1368. by whom she had Roger Mortimer their Eldest Son and Heir to both their Honours and Titles who left 9 Ibm. f. 225. Edmond Mortimer his Son and Heir Earl of March and Vlster Lord of Wigmore Clare Trim and Canaught and True Heir to the Crown of England after the Death of King Richard II. He died without 1 Rot. Parl. 39 Hen. VI. n. 18. Issue as also his Brother Roger and Sister Alianor leaving Anne their Sister sole Heiress to her Father Roger Mortimer and Brother to Edmond The Fourth Son of 2 Wals f. 148. n. 10. Edward III. and and his Queen Philip was John of Gaunt born there He was first Earl of Richmond and afterwards Duke of Lancaster He Married Blanch the Daughter and Coheir of Henry Duke of Lancaster with Maud her Sister by whom he had his only Son and Child Henry Earl of Derby Duke of Hereford and Lancaster called Henry IV. King of England After the Death of Maud without Issue he in Right of Blanch enjoyed all the vast Estate of her Father Henry Duke of Lancaster with his Titles and was then in the 36th of Edward III. advanced to the Title of Duke of Lancaster c. Dugd. Baron Tome II. Fol. 115. Col. 1. The Fifth Son of King Edward and Queen Philip was 3 Hypod. Neustr f. 514. n. 50. Edmond of Langley a Mannor near St. Albans in Hertfordshire where he was born by his Father made Earl of 4 Sandf ut supra f. 357. Cambridge and by King Richard II. 6 Ib. f. 358. was Created Duke of York He Married 7 Ib. f. 360. Isabel younger Daughter and Coheir of Peter King of Castile by whom he had Edward his Eldest Son who died 8 Ib. f. 365. without Issue He had also by her Richard Earl of Cambridge called of Coningsburgh a Town of that Name in Yorkshire 9 Brooks Catalogue of Hon. He Married Anne Mortimer above-mentioned by whom he had Richard Duke of York and Earl of Cambridge 1 Ibm. who Married Cecilie Nevil the youngest Daughter of Ralph Earl of Westmerland by whom he had Henry his Eldest Son who died young and Edward his second Son Duke of York and afterward King of England by the Name of Edward IV. William of 2 Sandf ut supra 178. Windsor a second of that Name William was their Sixth Son who died so young as there is nothing memorable left of him The Seventh and Youngest Son of Edward III. and Queen Philip was 3 Ibm. f. 227. Thomas of Woodstock there born Duke of Gloucester He Married Elianor the Eldest of the two Daughters and Heiress of Humphry de Bohun Earl of Hereford c. The Eldest Daughter of King Edward and Queen Philip was 4 Ibm. Isabel Lady Coucy and Dutchess of Bedford Married to Ingelram Lord of Coucy and Earl of Soyssons who by her Father was Created Earl or Duke of Bedford Their Second Daughter 5 Ib. f. 179. Joan had the Title of Queen of Spain she was by Proxy Married to Alphonso King of Castile and Leon and conveyed into that Country and not long after died of the Plague Their Third Daughter 6 Ibm. was Blanch de la Tour so named because born in the Tower of London she died an Infant Mary their Fourth Daughter 7 Ib. Hypod. Neustr f. 516. lin 9. Dutchess of Britan was Wife of John Montfort Duke of Britain in France Margaret their Fifth and 8 Sandf ut supra Youngest Daughter was Wife to John Hastings Earl of Pembroke A CONTINUATION of the Compleat History of England c. King RICHARD the Second KING Edward the Third 1 Rot. Clause 1 Ric. II. M. 45. A. D. 1377. died June 21st Anno Domini 1377 and this young King his Grandchild succeeded him in the Eleventh year of his Age when it King Richards Coronation was agreed he should be Crowned on the 16th of July following John King of Castile and Leon Duke of Lancaster came before King Richard and his Council and claimed as Earl 2 Ibm. Three Offices claimed by the Duke of Lancaster of Leicester the Office of Steward of England as Duke of Lancaster to carry the King 's principal Sword called Curtana on the day of his Coronation and as Earl of Lincoln to be the King's Carver the same day all these Offices he pretended to have in Right of his Wife Blanch then dead and
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
Prey About this time the Duke of Lancaster desired to have the Money The Duke of Lancaster equips a great Fleet. granted the last Parlement upon promise to secure the Kingdom from Invasion of all Enemies for one Year and to do some other great Good to the Nation which at length he obtained and provided a great Fleet and also for his Assistance hired Nine Ships at Bayon which in coming hither encountred a Fleet of Spaniards and took Fourteen Ships laden with Wine and other Merchandise Henry the Bastard that called himself King of Spain hearing Henry the Bastard King of Spain prepares a great Fleet to opposehim what those of Bayon had done and that the Duke of Lancaster was putting to Sea with a great Fleet and Force fearing him by reason of his Title to his Kingdom prepared a great Navy to oppose him and if he could to take him Prisoner The Duke The Duke delayed his putting to Sea The English Fleet beatenâ— by the Spaniards delayed the time of his putting to Sea the Chief Officers of the Fleet were disturbed at it and sailed without him and having been some days at Sea met the Spanish Fleet by which they were beaten and Sir Hugh Courtney a Famous Soldier taken with many others This Misfortune says Walsingham was imputed to the Duke for that he made such long Delays but whether he was in Fault knew not And while he was thus Dilatory John Mercer a Scot with a Ships taken out of Scarburgh Haven by John Mercer a Scot. J. Philpot sets out Men of War at his own Charge Takes Mercer with all his own and 15 Spanish Ships that had joined him Was questioned for it but discharged small Force of French Scots and Spaniards took some Ships in Scarburgh Haven killing some of the Mariners and carried them with him to Sea John Philpot a rich Citizen of London considering the Negligence if not the Falsity of those who were to defend the Nation and provide against such Inconveniencies at his own Charge set out some Men of War which met with Mercer and 15 Spanish Ships that had joined him and behaving themselves bravely took him and all the Ships with him recovering the Ships that were taken at Scarburgh and taking great Riches in the Spanish and other Ships John Philpot was taxed by the Lords for presuming to set forth Men of War without Advice of the King's Council but he made such a Defence before the Earl of Stafford and others that called him to account as he was suffered to depart without further Trouble for that matter Still the Duke delayed his going to Sea it not being known for what Reason until the Spring and beginning of Summer were over but by his Persuasion the Earls of Salisbury and Arundel set sail and landed in Normandy who compounded with the King of Navarre then become Enemy to the King of France for the Town and Port of Cherburgh then very considerable in The King of Navarre sells Cherburgh in Normandy to the English The Duke of Lancaster puts to Sea Lands in Britany Returns ingloriously which was placed a Garrison of English and so the Earls returned At length the Duke of Lancaster went to Sea and with him the Earls of Buckingham Stafford Warwick and others of the English Nobility with a great Force they landed in Britany where Sir Robert Knolls burnt several Towns and lost many of his stoutest Men. The Duke besieged St. Malo but it was so well defended as he raised the Siege and returned home Walsingham says at first the Townsmen would have yielded so as the Town might have been preserved from being burnt and plundered The Duke would not accept it but upon Discretion and that he might do with it what he pleased In the mean time the French landed in Cornwal and burnt Fowey or Foy and The French land in Cornwal Burn Foy and other Towns A Truce between the English Scots who had burnt Roxburgh c. and several other Towns without Resistance The Scots taking the Advantage of the present time burnt Roxburgh and spoiled the Country thereabout whereupon a Truce was made between the English and them for some time On 8 Rot. Parl. 2 Ric. II. n. 1 2. Part 1. A Parlement at Glocester The Scots make Alliance with the French Thursday the 21st of October it having met the Day before the Parlement sate at Gloucester in the Great Hall of the Abby there The Bishop of St. Davids then Lord Chancellor declared the cause of Summons wherein he took notice of what had been done by the Scots at Roxburgh and that since 9 Ibm. n. 7. notwithstanding the Truce they had made Alliance with the French against England Next Day Monsieur Richard le Scrop Steward of the Houshold enlarged upon the Causes of Calling the Parlement and making excuse for his own Inability 1 Ibm. n. 15. Declaration of Summons told the Prelates Lords and Commons as the Chancellor had said before That the Nation was encompassed with Enemies who daily encreased That the Ports of Cherburgh and Brest which of a long time had not been in the hands of the English besides Calais Burdeaux and Bayon with the Countries about them were very chargeable to maintain Calais with its Marches or Limits about it stood the King in 24000 l. every Year and Brest 12000 Marcs and the other three Places according to the same Rate Afterwards 2 Ibm. n. 16 The Speaker's Request and Protestation in behalf of himself and Commons Sir James Pickering Speaker of the House of Commons with the Commons came before the King Prelates and Lords in Parlement puis le Comunes reviendrent devant le Roy les Prelates en Parlement illoeques Monsieur James de Pickering c. making Protestation as well for himself as for the whole Commons of England First for the Commons That if he should utter any thing to the Prejudice Damage Slander or Disgrace of the King or his Crown or in lessening the Honour or Estate of the Great Lords it might not be taken notice of by the King and that the Lords would hold it for nothing as if nothing had been said primerment pur la dite Comune que si per cas il y dist choses que purreit soner en Prejudice Damage Esclandre ou Villaine de nostre Seigneur le Roy ou de sa Corone ou en anientisement del Honour Estate des Grants Seigneurs du Roialm que ce ne feust acceptez par le Roy les Seigneurs eins teâ—â—â— pur nul come Riens nent este dit for that the Commons soveraignly desired soveraignment desirent to maintain the Honour and Estate of the King and the Rights of the Crown in all Points As also to preserve the Reverence due to the Lords in all Parts So much for the Commons For his own Person he made Protestation That if by Indiscretion he
broke down the Scholars Chambers and took and carried away Goods and Chattels to a great value a grant value Also That they compelled the Masters and Scholars under Pain of Death and Destruction of their Habitations to renounce all manner of Franchises and Privileges granted to them by any King whatsoever and submit to the Government of the Town for ever Also By threatning Death they caused the Masters and Scholars to enter into Bonds to pay them great Sums of Money and forced them to give a General Acquittance and Release of all Actions Real and Personal Also That by threatning Death they compelled the Masters and Scholars to deliver to them their Charters and Privileges which they burnt in the Market-Place contrary to the King's Proclamation and Prohibition The King issued his * Ib. n. 46 47. Writs To John Masterman the present Mayor who was then one of the * Ib. n. 48. Burgesses for the Town in this Parlement and Bayliffs and to Edward Lystere the late Mayor and Bayliffs when the Riot and Tumult was to appear in Parlement to acquit themselves if they could before him and his Council reciting in his Writs most what they had done in prejudice of the Chancellor Masters and Scholars of the Vniversity They appeared and were ordered to deliver up the Renunciation Bond and Release above-mentioned under the Vniversity Seals which were cancelled in Parlement and are entred upon the Roll. The Bill against them being then read in their presence in Parlement they were asked what they had to say why their Franchises and Privileges should not be taken into the King's Hands as forfeit at that time they were not charged with any Crime but as they were told were only to answer concerning their Franchise which they did by * Ib. n. 57. Counsel and denied the Matter of Fact and further said if any such things were done they were done by the Traitors and Malefactors of the Counties of Essex Hertfordshire and Kent which came to their Town in great numbers but it appearing they were always present at these Wicked Practices and that the Renunciation Bond and Releases of the Vniversity were in their keeping and that upon the King's Precept they would not deliver them it was thought evidence enough that they were guilty of the whole when they submitted themselves wholly to the King's Grace to do what he pleased with their Franchise some part whereof by advice and assent of the Some of their Franchises granted to the University Prelates and Lords the King gave to the Vniversity and the Residue he re-granted to the Town On the 13th of December because 4 Ib. n. 64. The Parlement adjourned Christmass was near and the time of the Queen's coming into England was also near and for that her Marriage and Coronution were to be solemnized le Parlement soit ajourne par nostre seigneur le Roy de lassent des Prelates c. the King adjourned the Parlement by the assent of the Prelates Lords and Commons unto the Friday next before the Conversion of St. Paul and did Will and Command That the All things by the King's Command to remain as they were until it met again Pleas Causes and other Matters moved in that Parlement and were undetermined and all other things with their dependences should remain as they were in the same condition until the Friday abovesaid At the meeting again 5 Ib. n. 66. The Duke of Lancaster's Proposals of going into Spain c. of the Parlement there was a great Dispute about a Voyage Monsieur Despainge the Duke of Lancaster offered to make into Portugal if the Kingdom would provide him 60000 l. to pay the Wages of 2000 Men at Arms and 2000 Archers for half a year The Pretences or Reasons for this Voyage were for the saving of such English as were then there that he might recover his Right he had there for the safe-guard of the Sea and the Realm of England si Dieux plest and if God pleased for the greater destruction of its Enemies Offering also to repay this Sum in Three years either in Money or acceptable Service Upon this Offer and Voyage the Lords had a long Debate some approved He obtained not what he desired his Reasons others not so as he obtained not what he desired Yet the 6 Ib. n. 67. Lords and Commons on the 25th of February considering the Necessities of the King and the multitude of his The King's Enemies many by Sea and Land Enemies by Sea and Land with the great Expences he must be at for the defence of the Kingdom and resistance of such Enemies granted on their Free-will to the King the Subsidy of Wooll Woollfells and Leather as he received it upon the last The Subsidy of Wooll c. granted for Four years Grant from that day until the Feast of St. John Baptist next coming and from thence for Four years Whether such Defence or Resistance should be by the Voyage of Monsieur de Lancaster into Spain or any other manner whatever with this express Protestation of the Commons That it was not their intention to be obliged by any Words to Quarrel Conquer or have War with The Commons protest against Quarrelling c. with Spain Spain particularly any way whatsoever but only for the Defence of the Kingdom and Resistance of its Enemies by the advice of the Lords as it should seem best to them to ordain par lavis des seigneurs del dit Roialme come meultz lour semblera a ordeiner Between the summons and meeting of the next Parlement * Walsingham f. 290. n. 20 30 c. The Great Seal taken from Richard le Scrop the Great Seal was taken from Richard le Scrop who had received it by approbation of Parlement because he would not pass some large Gifts of Estates which had escheated to the Crown to some Ambitious Knights and Esquires inferior Servants to the King and given to Robert Braybroke * Cl. 6 Ric. II. M. 24. Dors Which disquieted the Great Men. Bishop of London on the Vigil of St. Matthew the Apostle or 20th of September by which action the King much disquieted the Great Men and Community of the Kingdom In the Sixth of the King a 7 Rot. Parl. 6 Ric. II. n. 1 2. A Parlement The Cause of Summons the Defence of the Land and to provide Means to make it Parlement was summoned to meet on Monday Eight days after Michaelmas and was adjourned until Wednesday by the King's Command when the King and Lords met in the Painted Chamber before whom the Names of the Knights Citizens and Burgesses were called over The Bishop of London then Lord Chancellor amongst others declared the cause of Summons to be for the Defence of the Land against its Enemies and to provide Means to make it The Bishop of Hereford by the King's Order made a 8 N. 9 10. A further Declaration of
the Cause of Summons Two ways propounded to deal with the Enemies of the Kingdom further Declaration of the cause of Summons and propounded Two ways to deal with the Enemies of the Kingdom one by making use of the Flemings who offered their Service and the other to close with the profer of Monsieur Despaign or Duke of Lancaster who offered to go into Spain for half a year with 2000 Men at Arms and as many Archers if he might have 43000 l. to pay them for which he would oblige himself to repay either in Money or Service These Matters being of so high a Nature 9 Ib. n. 14. The Commons desire such Lords as they named to Confer with them about their Charge the Commons make their Request to the Lords to have such as they named to Commune with them about their Charge which Request was granted and the Lords Names entered upon the Roll. The Lords and Commons 1 Ib. n. 15. A Fifteenth and Tenth granted upon Conference granted a Fifteenth and Tenth by reason of the great danger the Nation was in for the Defence of it against the great Preparations of the French to be imployed as the King by Advice of his Council and the Lords of the Realm should think fit After this the 2 Ib. n. 23. The Lords inclinable to the Duke of Lancaster's Proposal Duke of Lancaster's Profer came again into Consideration upon which the Question was put to every particular Prelate Earl Baron and Baneret whether they thought his Voyage into Spain with the number of Soldiers propounded would be profitable to the King and Realm or not They thought it might be so only believing the Force too small to make War with so strong a Kingdom At this time 3 Mezeray A D. 1381 1382. great Riots and Tumults in France and Flanders The King of France subdues a great part of Flanders there were great Riots Tumults and Rebellions in France and Flanders The Flemings had driven their Earl out of his Country he applies himself to the King of France as his Sovereign Lord for Relief They crave Assistance of the King of England The King of France marched into Flanders and subdued a great part of the Country The Earl besieged Gaunt which was the Head of the Rebellion and in danger to be taken To prevent the King of France his further Progress in Flanders his Designs against England and his Preparations to besiege Calais as he had been informed 4 Rot. Clause 6 Ric. II. Part 1. M. 4. Dors King Richard offers to go in Person with an Army into France as it is said in the Writ of Summons to another Parlement this year to be held on Monday in the third week of Lent was the chief cause of calling it And the Bishop of London Lord Chancellor declared further the King had offered to go in Person into France with a Royal Army but since that he received news the French had over-run all Flanders except Gaunt and therefore this Parlement was 5 Rot. Parl. 6 Ric. II. Part 2. n. 2 3. called for Advice whether the King should go in Person to the Relief of Gaunt and Recovery of Flanders and how to provide wherewithall for the Performance After the Commons had advised two or three days sur lour charge upon their Charge it being so great and so highly concerned his Person they 6 Ib. n. 8. The Commons pray some Lords named by them to Treat with them prayed the King to grant certain Prelates Earls and Lords named by them to Treat with them about it viz. The Arch-Bishop of Canterbury the Bishops of Ely and Hereford the Earls of Cambridge Stafford and Northumberland the Lords Nevill Fitz-Walter and Cobham The which Prelates Earls and Lords the King granted to Treat with the Commons 7 Ibm. The King granted their Prayer tho it was in his choice to assign them or name others combien que feust est doit estre en le Election de nostre dit seigneur le Roy d'assigner a ce les ditz Prelates Seigneurs issuit nomez ou autres a sa propre nomination altho it was is and ought to be in the Election of the King to assign the Prelates and Lords for this purpose or others of his own proper Nomination When the Commons had 8 Ib. n. 9. The Commons say the ordering of the King's Voyage belongs not to them Treated long with the Prelates and Lords they by James Pickering their Speaker said The King's Passage and the Ordaining of his Voyage or any other great Voyage belonged not to them but to the King himself and Lords yet 9 Ib. n. 10. But they say neither he nor any of his Three Uncles ought to leave the Kingdom at that time by way of Advice and not by Counsell seeing what Troubles were in every part of the Land and that the Accord and Truce with the Scots were near at an end and they were raising great Force toward the Borders and it being doubtful whether they would now comply with any Proposals of Peace or Truce unless driven to it they thought neither himself nor any of his Three Vncles of Lancaster Cambridge or Buckingham could be spared out of the Kingdom until that and the Borders aforesaid were well quieted and settled But advised him to accept of the Bishop of Norwich his 1 Ib. n. 11. They advise the King to accept the Bishop of Norwich his offer for the Relief of Flanders profer of raising 3000 Men at Arms and 3000 Archers well mounted to Relieve Gaunt Reduce Flanders and afterward to War in France upon condition he might have the Fifteenth and Tenth granted by the Layety and Clergy and the 2 s. per Tun upon Wine and Sixpence in the Pound upon Goods for the Guard of the Sea The 2 Ib. n. 19. They pray the King certain Lords might be assigned to be about his Person to advise him c. Commons pray the King That for his Honour and Profit and the Quiet and Comfort of themselves of his great Grace he would please to Command that certain Lords might be assigned to be about his Person of the most Wise Honest and Discreet Persons of the Kingdom to advise and counsel him and further That he would please by advice of the Lords so to order his Houshold that he might live upon the Revenues of his Realm and that the Subsidy of Wooll Money arising from Wards Marriages and Escheates might be imployed to support the War c. The King 3 Ibm. The King's Answer answered That he would take such sufficient Persons Lords and others about his Person as seemed to him most for his Honour and Profit and as to the Government of his House it should be done by the Advice of the Lords and others of his Council in such good order as should seem best saving his Honour The Bishop of Norwich 4 Ib. n. 20.
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
Salisbury John Lancaster Knights with other People with them to go into France to put in Execution this Wicked Purpose and Treason which Safe-conducts were ready to be produced XXXIII Also the foresaid Nicholas Brembre false Knight of London by Assent and Advice of Alexander c. Robert de Vere c. Michael c. and Robert Tresilian false Justice encroaching to themselves Royal Power as before some of them went Personally into London and without the Assent and Knowledge of the King there openly in his Name made all the Crafts of that City to be Sworn to hold and perform divers Matters not Honest as is contained in the said Oath upon Record in Chancery and amongst other things That they should keep and uphold the King's Will and Purpose to their Power against all such as were or should be Rebels or against the King's Person or his Royalty and that they were ready to live and die with him in destruction of all such who did or should design Treason against the King in any manner and that they should be ready and come readily to their Mayor for the time being or that afterwards should be when and what hour they should be required to resist so long as they lived all such as did or should design any thing against the King in any of the Points aforesaid at which time the King by Evil Information of the said Misdoers and Traytors and by the false Answer of the Justices firmly held the said Lords and others who contrived the Statute Ordinance and Commission to be his Rebels Enemies and Traytors which Information was then unknown to the People of London and also That by obscure Words contained in the Oath the Intent of the Misdoers and Traytors was to engage the People of London to raise their Power to destroy the Loyal Lords XXXIâ— Also the said Nicholas Alexander Robert de Vere and Michael Traytors to the King and Kingdom encroaching to themselves Royal Power of their own Authority without Warrant from the King or his great Council caused to be proclaimed thro' the City of London That none of the King's Lieges should Ayd or Comfort Richard Earl of Arundell and Surry a Peer of the Land and one of the Lords of the King 's great Council during the Commission or to sell him Armor Victuals or other things necessary and to avoid all of his Party as Rebels upon forfeiture of whatever they could forfeit to the King shewing a Patent from the King for making such Proclamation in of the King 's Loyal Lieges XXXV Also the said Nicholas Brembre by Assent and Counsel of Alexander Robert de Vere and Michael made to be proclaimed in the City of London That no Person should be so hardy to speak one Word of ill of the said Misdoers and Traytors upon pain to forfeit whatever they could forfeit to the the King also encroaching to themselves Royal Power XXXVI Also the said Five Traytors to the King and Kingdom caused the King to send to his Council certain Persons to be Sheriffs thro' the Kingdom named to him by the Evil-Doers and Traytors to the intent they might make such Parlement Knights as they should name to the undoing of the good Loyal Lords and the good Commons and also the good Laws and Customs of the Kingdom XXXVII Also the Five Misdoers and Traytors during the time of Protection to hinder the Appeal falsely Counselled and caused the King to Command by his Letter divers Knights and Esquires his Sheriffs and other his Ministers of divers Counties to levy and assemble all the Power they could to come with the Duke of Ireland against the Lords Appellants to make sudden War upon and destroy them XXXVIII Also during the time of Protection of the said Robert de Vere c. Michael c. Alexander c. Nicholas c. caused the King by his Letters to notifie to the Duke of Ireland they were all appealed of Treason by Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and how he had given them day until the next Parlement and how he had taken into his special Protection both Parties with all their Goods and Chattels and it was further contained in the King's Letters That if the Duke of Ireland had sufficient Power he should not cease to march on with all his Force to come to him and soon after they caused the King to write to that Duke That he should take the Field with all the Force he could get together and that he would meet him with all his Power and that he would adventure his Royal Body with him and that he was in great danger and also the whole Nation if he was not relieved by him and this the Duke ought to discover to all the People with him and that the King would pay all his Wages and Costs and of all the People assembled with him By force of which Letters the Wicked and Traiterous Excitations as well of the Duke and his Adherents and all the other Misdoers and Traytors he raised a great number of Men at Arms and Archers as well in the Counties of Lancaster and Chester and in Wales as other Places of the Kingdom to destroy and put to death the Lords and all others who ordered and assented to the making of the Statute Ordinance and Commission to the Ruin of the King and his Kingdom XXXIX Also the said Robert de Vere Duke of Ireland false Traytor to the King and Kingdom assembled a great Power of Men at Arms and Archers in Lancashire Cheshire Wales and many other Places to the intent to have Traiterously destroyed with all his Power the said Lords Thomas Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Thomas Earl Marshal and other the King's Lieges to the Undoing and Ruin of the King and whole Kingdom and so Rod or Marched with a great Force of Men at Arms and Archers from the County of Chester to Radcot-Bridge accroaching to himself Royal Power Displaying the King's Banner in his Army against the State of the King and his Crown This Impeachment was Exhibited on Monday the first 1 Rot. Parl. 11 Ric. II. Part 3. This Roll is not numbred The Appealed summoned to appear day of the Parlement being the 3d of February when the Lords Appellants affirmed they were ready to prove every Article as it should be awarded in Parlement to the Honour of God the Honour and Profit of the King and the whole Realm whereupon the Appealed were called in Parlement before the King and Lords to appear and make Answer to the Appellants and the same Demand of their Appearance was made in Westminster-Hall and at the great Gate of the Palace of Westminster to come and Answer the Appellants and because they came not being so solemnly called the Duke of Glocester and the other Appellants prayed
under the protection of their Franchises and were detained by the Inhabitants of those Places might have power to enter such Places and seize and bring away their Villanes The Answer was the same with the foregoing According to the Request of the Commons the 7 Walsingh f. 347. n. 10 20. Mezeray f. 413. The Truce between England and Fr. continued for a year longer Duke of Lancaster went into France to Treat of a final Peace he was splendidly received at Amiens by the King and chief Nobility of that Kingdom who met him there The Issue of the Treaty was That the Truce should continue for One year longer for the Observation of which both Kings made Oath The King about this time wanted Money and sent to the City of London to borrow a Thousand Pounds who 8 Knighten Col. 2740. n. 10. c. Walsingham ut supra n. 50. c. The City of London deny to lend the King a Thousand Pounds And almost killed a Lumbard that lent it him denied to lend him it and abused and beat a Lumbard so grievously that offered to lend it as they near killed him for this and other things by advice of a great Council held at Nottingham their Liberties were seized and being convinced they had forfeited them Their Liberties seised The Major and Sheriffs imprisoned Their Liberties restored by the Mediation of the Duke of Glocester the Major and Sheriffs were sent to Prison and Sir Edward Dalyngrug was made Guardian of the City On the Assumption of the Virgin Mary or 15th of August the King with a great Train of the Nobility with his Queen went into the City where he was most Honourably and Nobly Received and Presented both himself and Queen and not long after by the Mediation of Friends especially the Duke of Glocester the Liberties of the City were Restored with Power of choosing a Major as before In the Parlement holden on the Quindene of St. Hillary in the The Earl of Arundel against the Duke of Lancaster Seventeenth of this King the Earl of Arundel declared several things the King had done for the Duke of 9 Rot. Parl. 17 Ric. II. n. 11. A. D. 1393 1394. He asks the Duke's Pardon in Parlement Lancaster that were against his Honour and Profit but they were such as the King answered them all himself and justified them and he was by the King and Lords ordered to ask his Pardon in full Parlement which was done The King Lords Knights of Honour and Justices in this Parlement 1 Ib. n. 16. The King Lords c. assent to a Peace to be made with France assented to a Peace so as the King did not make Homage Liege and saving also and always the Liberty of his Person and the Crown of England and of his Lieges of the same Kingdom and that he and his Heirs might Resort and have Regress to the Name Title and Right of the Crown and Kingdom of France if the Peace should be broken by his Adversary and his Heirs and also That such Moderations and Modifications should be made that no Consiscation that is seisure of the Dutchy of Guyen might happen Knighton says this was only a Truce for Four years and four months as well by Sea as Land Col. 2741. n. 20. The King charged the Commons to give their 2 Ib. n. 17. Advice in this Matter They Answer by a Schedule given in by the Hands of Mr. John Bussy their Speaker wherein the said Articles of Peace between the King and his Adversary of France were read and partly understood by them and they had considered Three Three Points too high for the Commons to give their Advice in Points that were too high for them upon which they dare not Treat or give Advice to wit Homage Liege Soveraignty and Resort yet referring all and giving their Consent for the good of Peace to what the Lords Knights of Honour and the Justices had consented to before so as Homage should be done for and have Relation to the Dutchy of Guyen only and in no wise to the Crown and Kingdom of England What the Articles of this Peace were it doth not appear upon the Parlement Roll. But the next year by Edward Earl of Rutland Thomas Earl Marshall and of Nottingham and Messire William Lescrop Commissioners for the King of England and the Dukes of Berry Burgundy Orleans and Burbon or any other Two or three of them Commissioners for the King of France * The Original in the Chapter House at Westminster there was a Truce general by Sea and Land agreed for 28 years which was to begin at Michaelmass 1398 when the Truce at Leulingham and the prolongations of it were to end During which Truce all taking of Prisoners Goods and Chattels Fortified Towns Fortresses and other Places all Pillagings Robberies Burnings Demolishing Houses and Walls destroying Fruit Trees and others and all other Feats of War tout autre faits de Guerre were to cease between the Kingdoms Lands and Seigneuries on both Parts and between the Kingdoms Lands Seigneuries and Subjects of their Friends Allies Aydants and Adherents whatsoever And that there should be freedom of Intercourse Commerce Trading and Merchandising between the People and Subjects of one Party and the other In this Truce there is not any mention of Homage Liege Soveraignty or Resort The Treaty Agreement and Articles thereof was Ratified by the King of France on the Eleventh of March 1395 and was afterwards Ratified by the King of England and the Ratifications Exchanged in the year 1396 when on the Feast of St. Simon and Jude or 28th of October both Kings at an Interview not far from Calais sware to the performance of them John Duke of 3 Ib. 20 21. The Dukes of Lancaster and Glocester pray Judgment against Sir Tho-Talbtt and others for Conspiring their Deaths Guyen and Lancaster Steward of England and Thomas Duke of Glocester Constable of England Petition the King and Lords for Judgment against Sir Thomas Talbot and others not named for Conspiring their Deaths and raising Force to do it in the County of Chester That they would Declare the Nature of the Offence and ordain Punishment for it The King was informed and advised the Matter contained in the Bill or Petition was open and High Treason and that it touched him and all the Realm and he and all the Lords Judged and Declared it to be so And because the Matter contained in the Bill of Complaint was notorious and open known to the King and Lords and all the States of Parlement and thro' the whole Kingdom and therefore it was ordered and awarded that Writs should issue returnable into the Kings-Bench to take his Body That Proclamation should be made for him to render himself to stand to the Law if not he was to be holden for Convict as attainted of Treason and all who received him were to incur the same Pain and
Duke and Earls would have come and marched to have searched out the King if he could be found in England and to have killed a very great Number of his Lieges and to have accomplished their evil Purpose and Intent if they had not been disturbed by the Honourable Persons of the King's Blood Henry of Lancaster Earl of Derby and Thomas de Mowbray Earl of Nottingham conceiving and understanding the Actions of the Duke and Earls were notoriously against their Legiance and the Estate of the King and therefore willing to do their Duty to him departed from their Company and came to the Honourable Presence of the King It would please him the Commons having specially recommended the Persons of the Earls of Derby and Nottingham to him openly to declare in this Parlement their Estate Name and Fame and the Loyal Behaviour of them lour Estate le The King's Kindness and Favour to them Noun le Fame le Loyal Port de eux Whereupon the King sitting in his Royal Dignity in Parlement answered This matter was better known to him than any other and witnessed and declared the good Behaviour Loyalty and Fame of the Two Earls and held them for Loyal Lieges and that they should be reported for such amongst all his Lieges through the Realm and that they should be excused without Impeachment Molestation or Grievance for the Cause aforesaid in any time to come And further That the King by Assent and Advice of all the Lords in Parlement and at the Prayer of the Commons Ordained and Established That this Declaration and Grant should have the force of and be holden for a Statute That all Judgments * Ibm. n. 32. Ordinances Declarations and Establishments of this Parlement shall have the force of Statutes On Michaelmas-Day being Saturday 7 Ib. n. 35. Henry Earl of Derby created Duke of Hereford Several others created Dukes and Earls the King in Parlement Created Henry Earl of Derby Duke of Hereford Edward Earl of Roteland Duke of Albemarle Thomas Holland Earl of Kent Duke of Surrey John Holland Earl of Huntington Duke of Excester Thomas Mowbray Earl of Nottingham Duke of Norfolk The same Day John Beaufort Earl of Somerset was Created Marquess of Dorset Thomas de Spenser Earl of Glocester Ralph Nevill Earl of Westmerland Thomas Percy Earl of Worcester and William le Scrop Earl of Wiltshire On the same Day the King 8 Ibm. n. 36. The Parlement adjourned to Shrewsbury Adjourned the Parlement unto the 15th of St. Hillary or 27 of January next coming to Shrewsbury all things to remain in the same Condition they were to be there finished and determined The next Day being Sunday 9 Ibm. n. 37. The Lords Spiritual and Temporal Swear before the King the Lords Spiritual and Temporal after Mass Celebrated in the Abby-Church at Westminster upon the Altar before the Shrine of St. Edward made Oath in the presence of the King in the Form following The Prelates first saving the Honesty of their Estate savant L'oneste de lour Estat That is to say The Arch-Bishop of York The Bishops first The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Duresme The Bishop of Salisbury The Bishop of Excester The Bishop of Bangor The Bishop of Worcester The Bishop of Hereford The Bishop of Chichester The Bishop of St. Asaph The Bishop of Carlile The Bishop of Landaf The Prior of St. John of Jerusalem The Abbat of Westminster The Abbat of Canterbury The Abbat of St. Albans The Prior of Canterbury The OATH You shall 1 1 Ibm. n. 38. Append. n. 109. Swear That well and truly you shall Hold Sustain and Maintain without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made or given in this Parlement without doing any thing to the contrary of any of them or the Dependencies on or Parcel of them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Royalty Liberty and the Right of his Crown And so soon as they had Sworn the Lords 2 Ibm. n. 39. The Lords Temporal take the same Oath Temporal in the same Place in the Presence of the King made the same Oath that is to say The Duke of Guyen and Lancaster The Duke of York The Duke of Hereford The Duke of Albemarle The Duke of Surrey The Duke of Excester The Duke of Norfolk The Marquess of Dorset The Earl of Oxford The Earl of Stafford The Earl of Northumberland The Earl of Salisbury The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wilts The Lord de Camoys The Lord de Bourgchier The Lord de Powys The Lord Fitz-Walters The Lord de Roos The Lord de Harrington The Lord de Burnell The Lord de Berkely The Lord de Darcy The Lord de Willonghby The Lord Grey of Codnore The Lord Grey of Ruthin The Lord de Scales The Lord de St. Amand The Lord de Furnivall The Lord de Ferrers The Lord de Seymour The Lord de Lovell The Lord de Bardolph The Lord de Morley William Beaumont Lord of Burgavenny Ralph de Cromwell Ralph de Lumly Philip le Dispenser And did Swear further in these Words 3 Ibm. n. 40. Append. n. 110. You shall Swear That in time to come you shall never suffer any Man living to do any thing contrary to the Statutes Establishments Ordinances and Judgments made or given in this present Parlement The Additioal Oath of the Lords Temporal nor to any Dependencies on or Parcell of them And if any one shall do so and be duly Convicted you shall use your entire Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High and False Traitor to the King and Kingdom saving to the King his Regalie or Royalty Liberty and Right of his Crown Then the King asked the Knights of Shires there present for the Parlement If they 4 Ibm n. 41. The Knights of Shires affirm the said Oaths would hold and keep the same Oath Who promised with loud Voices to keep it holding up their Hands on high as a Sign of their Affirmance of their said Oaths And immediately after Monsieur Thomas de Percy 5 Ibm. n. 42 43. Sir Tho. Percy made the same Oath for the Clergy made the same Oath the Lords Temporal had made for and in the Name of the Clergy as their Procurator General and by Authority abovesaid This done the King the Prelates and Lords Temporal 6 Ibm. The great Excommunication pronounced against any one should do contrary to the Premisses went from the Shrine of St. Edward and came before the High Altar of the Church and there for the
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
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
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
he was True Pope and as so and Head of Holy Church ought to be Accepted and Obeyed And to this all the Prelates Lords and Commons Agreed The next Year the People 3 Stat. at Large 3 Ric. II. c. 3. Complained and Petitioned shewing That Cathedral and Collegiate Churches Abbeys and Priories and other Benefices of the Kingdom were filled with Men of another Language and of strange Lands and Nations and sometimes Enemies of the King and Kingdom which never made Residence in the same or perform'd the Charge thereof Whereupon the King by Advice and Common Assent of all the Lords Temporal Ordained That none of his Liege People of what Condition soever they were should take or receive any Procuracy Letter of Attorney Farm or other Administration by Indenture or in any other manner of any Benefice within England but only of the King's Subjects without his special Licence by Advice of his Council nor send out of the Kingdom any Gold Silver or other Treasure or Commodity by Bill of Exchange Merchandise or any other manner And those that did the contrary to incur the Pain and Punishment contained in the Statute of Provisors This Prohibition upon Complaint and Petition of the Commons by Assent of the King and Lords Temporal proved ineffectual for the End intended and therefore it was reinforced And it was agreed by the King in his 7th Year the Lords Temporal and Commons that the same 4 Ib 7 Ric. II. c. 12 Roi. Paâ—l 7 Ric. n. II. 49. Statutes shall keep his Force and Effects in all Points and that all Aliens that have purchased or shall purchase any Benefice Dignity or Thing of Holy Church and in his Proper Person take Possession of the same or use it himself within the Kingdom to his own Benefit or of any other without special Licence of the King shall be comprised in the same Statute But this Reinforcement had not its due Effect 5 Ibm. 12 Ric. II. c. 15. and therefore it was Ordained and Assented That no Liege-man of the King of what Estate or Condition that he be great or little should pass over the Sea or send out of the Realm of England without special Leave of the King himself to provide or purchase for himself Benefice of Holy Church with Cure or without Cure And if any do and by virtue of such Provision accept by him or any other any Benefice of the same Kingdom that at that time the same Provisor shall be out of the King's Protection and the same Benefice void so that it should be lawful to the Patron as well Spiritual as Temporal to present to the same an able Clerc at his Pleasure Nor could this hinder Provisions Gifts and Sale of Benefices of all sorts by the Pope for in the 6 Ibm. 2d Statute made 13 Ric. II. c. 2. Rot. Parl. n. 32. next Year the Commons require the King the Statute of Provisors made in the 25th of Edward I. might be recited in Parlement and then it was Ordained and Established That if any make Acceptation of any Benefice of Holy Church contrary to that Statute and duly proved and be beyond Sea he should abide Exiled and Banished out of the Realm for ever and his Lands and Tenements Goods and Chattels forfeit to the King And if he be within the Kingdom he should be also Exiled and Banished and incur the same Forfeiture and avoid the Realm within six Weeks next after such Acceptation And if any one receive such Person after that six Weeks he shall be Banished and incur the same Forfeiture And it was then also 7 Ib. c. 3. Rot. Parl. n. 44. Ordained and Established That if any Man brought or sent within the Kingdom or the King's Power any Summons Sentence or Excommunication against any Person of what Condition that he be for the cause of making Motion Assent or Execution of the Statute of Provisors as above he should be Taken Arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and moreover incur the Pain of Life and Member And if any Prelate make Execution of such Summons Sentences or Excommunications That his Temporalties be taken and abide in the King's hands till due Redress and Correction be thereof made And if any Person of less Estate than a Prelate of what Condition that he be make such Execution he should be Taken Arrested and put in Prison and make Fine and Ransom by Discretion of the King's Council Notwithstanding this Care and these Laws made against the Pope's Practices in this Kingdom 8 Ibm. 16. Ric. II. c. 5. Rot. Parl. n. 20. the Commons in the Parlement in the 16th of this King shewed unto him grievously Complaining That forasmuch as he and all his Liege People ought of Right and of old time were wont to Sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to which they have Right to Present the Conisance of Plea of which Presentment belongeth only to the King's Court of the old Right of his Crown used in the time of his Progenitors Kings of England and when Judgment was given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual Persons which had Institution of such Benefices within their Jurisdictions were bound and had made Execution of such Judgments by the King 's Commands all the time aforesaid without interruption for no Lay Person could make such Execution and also were bound of Right to make Execution of many other of the King's Commands of which Right the Crown of England hath been peaceably seized until this Day But now of late divers Processes have been made by the Bishops of Rome and Censures of Excommunication upon certain Bishops of England because they had made Execution of such Commands to the open Disherison of the Crown and Destruction of the King his Laws and all his Kingdom if Remedy be not provided 9 Ibm. They further Complain of the Pope's Translation of Bishops from Bishoprick to Bishoprick and sending some out of the Kingdom who were fit to be of the King's Council and able to give him Advice without his Assent and against his Will 1 Ibm. So that the Crown of England which hath been so free at all times That it hath been in Subjection to no * So the Words in the Parlement-Roll 16 Ric. II. n. 20. Earhtly Sovereign but immediately Subject to God and to none other in all things touching the Regaly or Royalty of the Crown should be submitted to the Bishop of Rome and the Laws and Statutes of this Realm by him defeated and destroyed at his Will in perpetual Destruction of the King his Crown and Regaly and all his Realm which God forbid Wherefore they 2 Ibm. declare That they and all the Liege Commons of the Kingdom would be with the King his Crown and
Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His
attendentes inclitum regnum Francie ad nos fore jure successorio legtimè devolutum ipsum regnum ut hereditatem nostram legitimam agnoverimus ut eidem nos immiscere voluerimus sicut decet de debito regimine dicti regni summè soliciti ac de probitate magnifica fidelitate solida industria circumspecta nobilis potentis viri Johannis Ducis Brabant Lotring consanguinei nostri carissimi intime confidentes ipsum in regno praedicto locum nostrum tenentem Capitaneum nostrum vicarium fecerimus praefecerimus generalem concedentes committentes eidem Duci merum imperium gladii potestatem ac jurisdictionem omnem altam bassam cognitionem decisionem omnium tam criminalium quam civilium questionum cum potestate Judices ministros prout expedire viderit deputandi necnon plenum exercitium omnium singulorum nobis nostro regimini incumbentium in hac parte quae nos facere possemus deberemus si presentes essemus ibidem Vobis omnibus singulis firmiter injungimus mandamus quod prefatum Ducem ad exequenda premissa libenter devota recipitatis sibi tanquam persone nostre sic pronis affectibus pareatis intendatis humiliter in premissis ut devotionis vestrae promptitudinem debeamus meritò commendare scituri pro certo quod ad humiles esse volumus cum favoris exuberantia gratiosi in rebelles prout exegerit vestra protervia saevientes In cujus c. Dat. ut supra Item consimilia mandata diriguntur eisdem sub nomine Gulielmi Marchionis Juliacen N. 86. Rot. Parl. 14. Ed. 3. parte p. 9. 10. Stat. at large 14. of Ed. 3. EDward by the grace of God King of England and Fraunce and Lord of Ireland to all those which these Letters shall hear or see greeting Know ye that whereas some People do think that by the reason that the Realm of Fraunce is devolute to us as right Heir of the same and forasmuch as we be King of Fraunce our Realm of England should be put in Subjection of the King and of the Realm of Fraunce in time to come we having regard to the Estate of our Realm of England and namely that it never was nor ought to be in Subjection nor in the Obeisance of the Kings of Fraunce which for the time have been nor of the Realm of Fraunce And willing to provide for the Suretie and Defence of the said Realm of England and of our liege People of the same Will and graunt and stablish for us and for our Heirs and Successors by assent of the Prelats Earls Barons and Commons of our Realme of England in this our present Parliament summoned at Westminster the Wednesday next after the Sunday in Middle-lent the XIV Year of our said Reign of our Realme of England and the first of Fraunce that by the cause or colour of that that we be King of Fraunce and that the said Realm to us pertaineth as afore is said or that we do us to be named King of Fraunce in our Stile or that we have changed our Seals or our Arms nor for Commandements which we have made or from henceforth shall make as King of Fraunce our said Realm of England nor the People of the same of what Estate or Condition they be shall not in any time to come be put in Subjection nor in Obeisance of us nor of our Heirs nor Successors as Kings of Fraunce as afore is said nor be Subject nor Obedient but shall be free and quite of all manner of Subjection and Obeisance aforesaid as they were wont to be in the time of our Progenitors Kings of England for ever In witness of which things c. Dated at Westminster c. the XIV Year of our Reign of England and the first of Fraunce N. 87. a. Avesbury Cap. 31. PHilip de Valois que longe tems avoms pursui devers vos per messages toutz altres voies que nos favoms-resonables a fin que voz noz vousistez avoir rendu nostre droit heritage de Fraunce le quele voz noz avetz longe tems detenu a graunt tort coupe Et pur ceo que nos veoms bien que voz estes en entente de perseverer en votre injuriouse detenue sauntz noz feare reson de nostre demaunde sumez noz entrez en la terre de Flaunders come Signeur Soveraign de cele passer permi le pais voz signifioms que pris ovesque nous laide nostre Seigneur Jhesu Christ nostre droit ouesque le poar du dit pais ouesque noz gentz et aliez regard le droit que noz avomps a leritage que voz noz detenez a vostre tort noz treioms vers vouz pur mettre briefe fin sour nostre droiturele chalenge si vouz vuilletz a proscher Et pur ceo que si graunt poar des gentz assemblez que viegnent de nostre part et que bien quidoms que voz amesnetz de vostre part ne se purroient mye longment tenir ensemble sauntz faire graunt destruccion al people al pais la quele chose chescun Chrestiens doit escheure et specialement Princes et aultres que se teignent governours de gentz si desirroms moult qui briefe point se preist et pur escheure mortalite de Chrestiens ensi come la querele est apparent a noz et voz que la discucion de nostre chalenge se feseit entre nos deux corps a la quele chose noz voz offroms pur les causes susditz comment que nos puissoms bien veer la graunt noblesse de vostre corps vostre sen auxint avisement et en cas que vous ne vorâ—oiez cele voie adonques soit mys nostre chalange pur affiner icelle battaile de voz mêmes od cent persones des plus suffisauntz de vostre part nos mesmes od aultres tauntz de noz gentz lieges Et si vous ne voilletz lune voie ne lautre que vous noz assignez certein jour devant la ville de Tourneye pur combatre poar encountre poar de deinz et jours proscheins apres la date du ceste lettre et nos offrez doz susditz voloms tut le mounde estre conutz quest nostre desir ne mye pur orguille ne surquidance meas que pur les causes susdites a fin que la volente nostre Seigneur Jhesu Christ monstre entre nous repos poet de pluis en pluis estre entre Chrestiens que le poar des enemys Dieux feussent resistez et Christiente enfraunchie et lavoie sour ceo que eslire voilletz des offrez des susditz noz voilletz signifier par le portour du cestes lettres et par les vostres a lui fesant hastive deliverance Done soutz nostre graunt seal a Chyn es Champs de leez Tourneye le xxvii jour du moys de Juyl