Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
of Lancaster pities his deplorable case Mâ—ny Lords and others begin to think how they might deliver him the suspicion whereof caused him to be removed from Kenelworth-Castle and to have new Keepers His Keeper also the Earl of Lancaster began to be every way obliging to him much pitying and commiserating his deplorable Case Many Lords and others began to think how they might deliver him out of Captivity the notice or rather suspicion thereof much startled Mortimer the Bishop of Hereford the Queen and Chief Actors in this Tragedy reflecting upon what they had done and fearing if the King should get his Liberty they could not be safe or at least their Designs must come to nothing and caused them to think of removing him from Kenelworth and appointing him new Keepers who were Thomas Gournay and John Maltrovers Knights receiving him at Kenelworth-Castle by Principal Authority Authoritate Principali as Sir Thomas de la Moor phraseth it and hurried him up and down the Nation that it might not be known where he was and at last brought him to He is inhumanly treated Berkley-Castle in Glocestershire where he was inhumanly treated by his Keepers attempting to destroy him by all ways of horrid Indignities brutish Usages and before uncontrived and unthought of Affronts But having been frustrated in their Intentions by his natural Strength of Body and Fortitude of Mind on the 10th of the 1 Ibm. f 603. n. 20. And barbarously murthered Calends of October or 22d of September at night in his Bed they stifled and smothered him with large and heavy Bolsters and Pillows and put up a red-hot Iron thro' a Ductil-pipe into his Guts at his Fundament and in this most cruel manner murdered him that no VVound or Mark of a Violent Death might be found upon him Church-Affairs IN these we may give a short Account and History of the Templars being an Ecclesiastick Order and in these times the Pope claiming the Jurisdiction over Judgment and Censure of them as not being subject to Temporal Power This Order began in the 1 Mat. Paris f. 67. n. 10 20 30 40. A. D. 1118. A short History and Suppression of the Templars year 1118 only Nine Knights at first entring into a Combination by voluntary Agreement were the first Founders of it whereof the Two Principal were Hugo de Paganis and Godfrey of St. Omar to whom because they had no certain Habitation Baldwin King of Jerusalem assigned them part of his own Palace near the South-Gate adjoining to the Temple of the Lord from whence they were called Templars Their first Profession was for the Remission of their Sins to guard the High-ways for the safety of Pilgrims and such as came to visit the Sepulchre and to defend them from Thieves and Robbers The King Nobility and Patriarch with other Prelates giving Lands to support and maintain them Nine years after 2 Ibm. in the Council of Troyes they had a Rule and Habit assigned them by Pope Honorius when their Numbers and Possessions began to increase in a short time they were so numerous that there was in the Convent 300 Knights besides of Brethren almost an infinite number and they were said to have such vast Possessions as there was no Christian Country wherein they had them not and so as to exceed Princes in their Revenues and are reported by the same 3 Ib. f. 615. n. 50. A. D. 1244. Historian to have obtained and been possessed of in the space of 126 years 9000 Mannors in Christendom Their increase in Revenues and Riches begat the Envy and their neglect and non observation of the first Institution of their Order their Luxury Pride and most horrid and detestable Crimes which were reported of and objected against them begat the hatred of all Christendom so that within Sixty three years after when they were 4 possessed of 16000 Lordships besides other Lands viz. 4 Heylin's Cosmogr lib. 3. fol. 98. a. in the year of our Lord 1307 on Friday after St. Denis or 12th of October by Command of the 5 Mezeray's Hist f. 333. King of France Philip the Fair with Consent of Pope Clement the Fifth all the Templars in France were secured their Houses Lands Possessions Goods Treasure Church Ornaments and Writings seised on and delivered to Guardians under whose Custody and Administration they remained In like manner it was 6 Râ—t Claus 1 Ed. II. M. 12. Dors De captione Templariorum c. A. D. 1307. ordained by the King and his Council that all the Templars in every County in England Scotland Ireland West-Wales North-Wales and Earldom of Chester but more particularly those in England should be attached by their Bodies on Wednesday next after the Feast of Epiphany or 6th of January and that all their Lands Tenements Goods and Chattels as well Ecclesiastick as Temporal with their Charters Writings and all Muniments should be seized into the King's Hands That the Goods and Chattels should be inventoried and prised and Indentures made of them in the presence of the Guardian or Preceptor of every place and in the presence of Two Lawful Men whereof one to remain with the Guardian and the other with the Sheriff the Live Stock to be kept upon the Premises and the Lands to be Plowed and Sown to the best Profit and Advantage That the Bodies of the Templers should be kept safe in convenient Places other then their own but not to be put in vile and base Prisons while the King should order otherwise and that every one according to his Condition should receive a Competent Maintenance from these Goods There is also contained in this Record the manner how this Ordinance was put in Execution The Writ wherein the Instructions for the Execution of it were included was Dated December the 20th in the First of Edward II. A. D. 1307. The King of 7 Puteanus de la condemnation des Templars p. 8 9. France after he had secured the Templars desirous to proceed in the Prosecution of them consulted the Faculty of Divinity in Paris who answered him by Decree That the Authority of a Secular Judge could not extend it self to proceed against any one for Heresie unless he was required by the Church or unless in case of necessity where there was danger he might secure Hereticks with intention to deliver them to the Church Those that were in the Exercise of War for the Defence of the Faith having made a Vow of Religion approved by the Church were holden for Religious and exempt from the Lay-Judge and as to their Goods they ought to be preserved to be imployed for the end they were first given to the Templars The Pope finding 8 Ib. p. 9. the most wicked Procedure of the King pretending they were Ecclesiasticks Remonstrated to him by his Bull the great Obedience of his Predecessors to the Holy See who never attempted to Judge Ecclesiasticks That the Templars were immediate Subjects of the
say 't is true That if the King had always had about him Loyal Counsellors and good Officers he had been very rich in Treasure so as he should not have needed much to have charged his Subjects with Subsidy Taillage or otherways having respect to the great Sums of Gold which were brought into the Kingdom for the Ransom of the Kings of France and Scotland and other Prisoners They also say it further seems to them That for the singular Profit and Advantage of some Private Persons about the King and their Confederates the King and Realm were much impoverished and many of the Merchants undone wherefore they thought it a profitable thing to the King and his whole Kingdom to have all these things duely amended as soon as might be And the same Commons promise the King That if he will do Justice and speedy Execution upon such as should be found Culpable and do with them as Law and Reason required they undertake he would be so rich as to maintain his Wars and support his other Affairs for a long time without any great Charge to the Commons and they say further That in doing this he should do a thing Meritorious and pleasing to God and much for the Incouragement Three special Points to be amended of them freely to aid him according to their Power And then propound Three especial Points to be enquired into and amended First Whereas 4 Ib. n. 16. the Staple of Wooll and other Staple Merchandises and Bullion was lately ordained in Parlement to be at Calais and no where else for the great profit of the King and Kingdom the Advantage and Amendment of the Town for the Concourse of Merchants and their continual Residence there the said Staple Bullion and Trade is removed from thence and like to be lost by the procurement and counsel of the said Private Persons about the King and their Confederates for their singular Profit to the great damage and prejudice of the King and his Realm and destruction of the Town of Calais Secondly Whereas 5 Ibm. the King had need for divers Sums of Money for his Wars and otherwise some Persons by consent and contrivance of the said Private Persons about him made agreement for divers Sums to the use of the King upon Usury taking more from the King for Interest then they Bargained for to the Deceit and grievous Damage of the King Thirdly Whereas 6 Ibm. the King was Debtor to divers People upon Record in great Sums several had by Assent and Contrivance of the said Private Persons bargained with his Creditors for the 10th 20th or 100th Penny and procured the King to pay the whole Debt in Deceit of the King and his Creditors for the singular Profit of themselves and Confederates Upon these or some of these Points 7 Ib. n. 17. Richard Lyon impeached by the Commons several were impeached by the Commons First Richard Lyon Merchant of London and Farmer of the King's Subsidy and Customs He put himself upon the King's Grace and submitted his Body Lands and Goods to the King's Pleasure 8 Ib. n. 19. His Judgment He was adjudged to be Imprisoned during the King's Pleasure to loose the Franchise of the City never to bear Office under the King nor approach his Council or Court All his Goods and Chattels were seised into the King's Hands and Inquiry was made in all the Ports concerning his Extortions since his being Farmer of the Customs The Lord Latimer was 9 Ib. n. 21. The Lord Latimer accused accused par clamour des Communes by the Clamour of the Commons upon the Heads and Articles and as a Confederate with Lyon who tho he seemed to make a good satisfactory Defence yet by the Prelates and Lords in plein Parlement in full Parlement was adjudged 1 Ib. n. 28. His Judgment to be Imprisoned and make Fine and Ransom at the Will of the King and further upon the Petition of the Commons the King granted he should never have Office under him or be of his Privy Council He was 2 Ib n. 29. His great Bail Bailed by Four Bishops the Arch-Bishop of York being one Three Earls the Prior of St. John of Jerusalem and Twenty six Barons with promise That during the Parlement he should appear before the King and Lords to answer further to the Articles of which he was accused William Ellys 3 Ib. n. 31. William Ellys accused of Great Yarmouth was also accused par la surmyse des Communes by the Surmise of the Commons as Deputy to Richard Lyon Farmer of the Subsidy of 6 d. in the Pound of all Merchandises granted to the King of many Extorsions in Collecting of them and other Evil Practices 4 Ib. n. 32 His Judgment Notwithstanding his Answer which seemed satisfactory and sufficient he was awarded to Prison and to make Fine and Ransom at the King's Will and to give his Prosecutors several Sums for Injuries pretended to be done to them It displeased the King 5 Ib. n. 35. Alice Perer s Forfeiture and Banishment that Women should pursue and sollicite Business in the King's Court and therefore forbad all Women especially Alice Perers for the future to do it upon pain to forfeit whatever the said Alice could and to be banished the Realm Sitting this Parlement the Prince of Wales King Edward's The Death of the Prince of Wales Eldest Son died on the 8th of June being Trinity Sunday 6 Ib. n. 50. The Commons humbly pray the King That for the great Comfort of the whole Kingdom en grand confort de tout le Roialme he would order the Noble Child or Youth Richard of Burdeaux His Son Richard of Burdeaux brought into Parlement and made Prince of Wales c. Son and Heir of Edward late his Eldest Son Prince of Wales to come into the Parlement that the Lords and Commons might see and Honour him as the true Heir apparent of the Realm Which Request was granted and at the same time the Bishops Lords Temporal and Commons applied to the King to make him Prince of Wales Which was done The Commons Petition 7 Ib. n. 57. The Commons Petition about Justices of the Peace That Justices of the Peace may be named in every County by the Lords and Knights of the County in Parlement and Sworn before the King's Council and not to be removed without consent in Parlement and that they might be allowed Wages The King's Answer was 8 Ibm. Ro. The King's Answer They should be named by him and his continual Council and as to Wages he would advise The Major Aldermen and Commons of London shew unto the King 9 Ib. n. 143. The Grievances of the City of London they were impoverished and brought to nothing by reason their Franchises granted and confirmed by him and his Noble Progenitors were restrained and in a great measure taken from them and assign their chief
Body Lands Tenements Goods and Chattels so as he was imprisoned and all his Lands Tenements Goods and Chattels seized into the King's Hands of which Lands and Tenements he gave some to the Earl of Cambridge and others to Thomas of Woodstocke then Earl of Buckingham for Term of their Lives All which Forfeitures and Imprisonment the King taking pity of the said Richard by the Perswasion of the said Alice and her singular Persuit and Procurement at his Court at Shene with the assent of his Council pardoned and also pardoned the said Richard 300 l. due from him in the Exchequer and further granted 1000 Marks of his Treasure as a Gift which things being contrary to the said Ordinance the Steward demanded of the said Alice how she would Excuse her self of the said Articles who answered she was not culpable Her Answer or guilty of these Articles which she was ready to aver and prove by the Witness and Testimony of John de Ipre at that time Steward of the King's House William Sheet Controller Sir Allen Buxhall Nicholas Carren Keeper of the Privy Seal and others of the Court of the said King and present at the time of the supposed Forfeiture Upon this Day 2 Ibm. was given her to Wednesday next after in the mean time it was ordered by the assent of the Lords That the Articles should be tried by Witness or by Inquest of such as were of the House of the said King and thereupon certain Persons were Sworn and Examined before the Duke of Lancaster the Earl of Cambridge the Earl of March the Earl of Arundel and the Earl of Warwick First Roger Beauchamp late Witnesses Sworn against Alice Perrers Chamberlain of the said King being Sworn said That in the presence of Alice Perrers a Bill was given him to carry to the King at his Court at Havering which Bill he took and as he understood it it contained the Revocation of Sir Nicholas Dagworth from Ireland because he was Enemy to Monsieur William de Windsore he refused to carry the Bill because the Council had ordered the contrary and the said Alice requested him to do it which he did and the King asked him what they talked about which when he informed him of the Contents of the Bill he answered the Petition was reasonable and when Monsieur Roger replied his Council had ordained to the contrary the King answered he was Soveraign Judge and it seemed to him the Bill was reasonable and commanded him to call back the said Nicholas which was done accordingly Concerning Richard Lyons he said he knew nothing The Duke of Lancaster Examined said That one day he came to Havering and found Dame Alice Perrers there when Roger Beauchamp shewed him a Bill containing as above about which he fell into Discourse with the King who concerning Sir Nicholas Dagworth going to Ireland said it was not reasonable one Enemy should Judge another and there he thought fit to countermand his Voyage in which having satisfied the King as done by his Consent in Council but the King not long after coming from Alice Perrer's Chamber came to the Duke and prayed him dearly he would not suffer Dagworth to go toward Ireland but the Duke could not comply by reason it was ordained by King and Council and on Monday morning when he took his Leave of the King in Bed he commanded him upon his Blessing he should not suffer Dagworth to go toward Ireland notwithstanding the Ordinance made the day before and also he was countermanded And to the Article of Richard Lyons he said in his Conscience he believed Alice Perrers was the chief Promoter of that Business but was not present Monsieur Philip de la Vache Sworn says nothing to the purpose Nicholas Carren Sworn says That he was commanded to come to Shene to the King where he found Richard Lyons and they were both commanded to come before the King in Bed where he found Dame Alice Perrers sitting at the King's Bed's Head where was shewed that the King would pardon the said Richard 300 l. due to the King upon Account in the Exchequer and also give him a Thousand Marks of his Treasure and restore him what was given him to his Sons the Earl of Cambridge and Tho. of Woodstock and commanded him the said Nicholas to let his Sons know so much and that the King rehearsed these Grants of his Grace c. before divers Knights and Esquires he called from behind the Curtains of his Bed to Witness the same Monsieur Alein Buxhall Swears the same except Alice Perrer's sitting at the King's Bed's Head and further That Alice desired him to acquaint the Earls of their Father's Pardon to Lyons which at her Instance the King commanded him to do There were more Sworn who said as they believed and much to this purpose and presently there were made to come before the Duke and other Earls Monsieur A Jury Sworn Roger Beauchamp Alein Buxhall John de Burle Richard Stury Philip de la Vage John de Foxle Tho. Garre Knights Nicholas Carren John Beauchamp of Holt John Beverle George Felbrigge John Salesbury William Street Piers Cornwall Tho. Londâ—n Helmin Leget Esquires of the King's House Sworn and charged to speak plain Truth whether the said Alice was culpable who They find her Guilty found her guilty and accordingly to the intent of the Statute made 50 Edw. III. considering the damages and villanies by her done she was sentenced by Parlement to be banished her Lands Her Sentence and Punishment Chattels Tenements in Demesn and Reversion to be forfeited and seized into the King's Hands And it was ordained by the King and Lords in that present Parlement That all her Land in Feoffees hands or purchased in Trust should be also forfeited But it was the Intention of the King and Lords and this Law made particularly Which was not to be made an Example for others for the prevention of such odious things should not be made use of or made an Example against any other Person or in any other Case The Commons 3 Ib. n. 49. pray for that King Edward was guided by unfit Counsellors par auscuns Conseillers nient Covenables as had been authentickly proved That they might be removed from all the King's Counsels and so as such nor other such should be King Edward guided by Evil Counsellors such to be removed from this Kings Counsels The King's Officers not to maintain Suits near him nor in office with him and that other fit Persons might be put in their places and that no Officers of the King's Court great or small do keep up Quarrels or Suits in the Country by Maintenance nor meddle with any thing but what belongs to his Office As to the first Request le Roy le voet the King willeth and as to the second Request touching Maintenance the King will straightly forbid any Counsellor Officer or Servant or others 4 Ib. Ro. The
and Traitors by their false Imaginations Deceits and Accroachments abovesaid Which Securities and Oaths were against the Good Laws and Usages of the Land and against the Oath of the King to the great Ruin and Dishonour of the King and Kingdom XX. Also by force of such Bonds and Oaths all the Realm was put into great Trouble by the said Evil-doers and Traitors and in peril to have suffered many importable Mischiefs XXI Also to bring about their Traiterous Purposes the said Five caused the King to go into several Parts of the Kingdom for some long times whereby the Lords assigned by the said Ordinance Statute and Commission could not Advise with him about the Business of the Kingdom so as the Purport and Effect of the Ordinance Statute and Commission were Defeated to the great Ruin of the King and Kingdom XXII Also the said Robert de Vere Duke of Ireland by the Counsel and Abet of the other Four Traitors accroaching to himself Royal Power without the King's Commission or other sufficient usual Warrant made himself Justice of Chester and by himself and Deputies held all manner of Pleas as well Common as of the Crown and gave Judgments upon them and made Execution thereof and also caused many Original and Judicial Writs to be sealed with the Great Seal used in those Parts And also by such Accroachment of Royal Power he caused to rise with him a great Part of the People of that Country some by Threats others by Imprisonments of their Bodies some by seizing of their Lands others by many Dishonest Ways by colour of the said Office and all this to make War upon and destroy the Lords and other the King 's Loyal Lieges in undoing the King and whole Realm XXIII Also the said Traitors Robert de Vere c. Alexander c. Michael c. by the Counsel and Abet of Robert Tresilian and Nicholas Brembre incroaching to themselves Royal Power caused to be delivered John de Blois Heir of Britan who was Prisoner and Security to the King and Kingdom without Assent of Parlement and the King 's Great Council and without Warrant to the great Strengthening of the Adversary of France the great Ruin of the King and Realm and against the Statutes and Ordinances aforesaid made in the last Parlement XXIV Also the said Five Traytors caused the King to have a great Retinue of late of divers People to whom he gave Badges which was not done in ancient time by any Kings his Progenitors that he might have Power to perform their false Treason aforesaid XXV Also the aforesaid Five Misdoers and Traytors in full accomplishment of all their Treasons aforesaid and to make the King give Credit to them and their Counsel and hold them more Loyal and greater Sages then others of his Kingdom and the more to colour their false Treasons they caused the King to make come before him in several Places of the Kingdom divers Justices and Lawyers Robert Tresilian Robert Belknap John Cary John Holt Roger Fulthorp William Burgh his Justices and John de Loketon Serjeant at Law and with them John Blake Referendary and others which Justices Serjeant and John Blake being asked in the presence of the King by the Misdoers Whether the foresaid Ordinance Statute and Commission were made in Derogation of his Royalty and Prerogative or not and divers other Questions To which they answered in manner following Be it Remembred That on the Twenty first day of August in the Eleventh year of King Richard the Second at the Castle of Nottingham before the King Robert Tresilian Chief Justice and Robert Belknap Chief Justice of the Common-Pleas John Holt Roger Fulthorp and William Burgh Knights Justices Associate of Robert Belknap and John Lokeson the King's Serjeant at Law in the presence of the Lords and other Witnesses underwritten personally there being were required by the King upon their Faith and Allegiance to answer faithfully to certain Questions and speak the Law concerning them according to their Discretion First It was demanded Whether the new Statute Ordinance and Commission made in the last Parlement at Westminster The Opinion of Judges c. concerning the Statute and Commission did derogate to or from the King's Royalty and Prerogative They unanimously answer It did especially for that they were contrary to the King 's Will. 2. Also it was demanded How those were to be punished that procured the Statute Ordinance and Commission to be made They unanimously answer With Death unless the King would shew them favour 3. Also it was demanded How they were to be punished that Excited the King to Consent to the making of that Statute Ordinance and Commission They unanimously answer as to the last Question 4. Also they were demanded How they were to be punished that forced or straitned the King qui compiderunt sive Arctarunt Regem to consent to the making of the Statute Ordinance and Commission They unanimously answer They were deservedly to be punished as Traytors Likewise they were demanded How they were to be punished who hindred the King from Exercising those things which belonged to his Prerogative and Royalty They also unanimously answer They were to be punished as Traytors 5. Also it was demanded Whether after the Parlement was met and the Business of the Kingdom and the Cause of the Meeting of the Parlement by the King's Command declared and certain Articles appointed by the King upon which the Lords and Commons ought to proceed if the Lords and Commons would proceed upon other Articles and not upon the Articles limited by the King until they had the King's Answer to their own Articles notwithstanding the King had injoined them to the contrary Then Whether the King ought to have the Government of the Parlement and indeed to govern effectually so as upon the Articles limited by the King they ought first to proceed Or Whether the Lords and Commons ought first to have Answer from the King to their own Articles before there were further Proceedings Nunquid Rex debeat habere in ea parte Regimen Parliamenti de facto Regere effectum quod super Articulis limitatis per Regem primo debeant procedere vel an Domini Comunes primo debeant habere Responsum a Rege super Articulis per eosdem expressis antequam ulterius procedatur They unanimously answer That in such Case the King should have the Government and so in order in all other Articles touching the Parlement to the end of the same and if any one acted contrary to this Government of the King he was to be punished as a Traytor 6. Also it was demanded Whether the King when he pleased might not Dissolve the Parlement and Command his Lords and Commons to depart from thence They unanimously answer He might and if any one afterward proceeded as in Parlement against the King's Will he was to be punished as a Traytor 7. Also it was demanded Whether when the King pleased to Remove
Royal Power in Prejudice of the King his Royal Estate his Crown and Dignity And that the Charter of Pardon was made in Deceit of the King and expresly against him his Royalty sa Regalie and Dignity wherefore the said Pardon and Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command declared to him the Law and the Punishment he must undergo if he said nothing else and told him if he did not plead further he would be Convict and Attainted of all the Matters objected against him Notwithstanding this and the Repeal of the Charter and Pardon he demanded the Allowance of them The Appellants in their proper Persons prayed the King it would please him to give Judgment upon him as Convict of all His Judgment the Points he was Appealed Whereupon the Duke of Lancaster by Command of the King and all the Lords Temporal and Sir Thomas Percy having Power sufficient from the Prelates and Clergy as appeared by Record in this Parlement Awarded the Earl of Arundel Culpable and Convict of all the Points of which he was appealed and adjudged him Traitor to the King and Realm and that he should be Drawn Hanged Headed and Quartered and because The Aggravation of his Treasons the Treasons were so high as to have surrendred their Homage Liege and Deposed the King and the Levying of War having been so notorious the said Duke of Lancaster by Command of the King the Lords Temporal and Monsieur Thomas Percy having Power as above by Assent of the King Awarded That all the Castles Mannors Lands Tenements Reversions Fees Advousons and every other manner of Inheritance as well in fee-Fee-taile as Fee-simple which were the Earl of Arundel's on the 19th of November in the 10th Year of the King or afterwards and also all the Lands and Tenements of which other Persons were inâ—eoâ—â—ed to his Vse the said 19th of November or afterwards should be forfeit to the King and his Heirs and also all his Goods and Chattels should be forfeited to the King who pardoned the Execution of his Judgment to be Drawn Hanged and Quartered but was Beheaded near the Tower of London on the same Day The King and Lords as well Spiritual and Temporal would not nor was it their Intention that the Lands and Tenements Fees Advowsons Reversions or any other Inheritance the said Earl of Arundel was infeâ—â—ed to the use of another by reason of this Judgment should in any manner be forfeit On the same day the Earl of Arundel was 3 Append. n. 111. brought into Parlement Tryed and Convicted the King directing his Warrant to Thomas Earl Marshall Captain of the Town of Calais and to his A Warrant to the Earl Marshall to bring the Body of the Duke of Glocester into Parlement Lieutenant That he should bring the Body of Thomas Duke of Glocester in his Custody with all speed he could to Answer to divers Articles of Treason in Parlement according to the Law and Custom used in England objected against him by the Appellants and to do further and receive what should be ordered by him and his Council concerning him in Parlement Dated at Westminster the 21st of September in the 21st year of his Reign by the King and Council in Parlement The 4 Ibm. The Earl Marshal returned he was dead Answer of the Earl Marshall was That he could not bring him before the King and his Council in that present Parlement for that he being in his Custody in the King's Prison at Calais died there This Return was made September 24. Upon 5 Pleas of the Crown 21 Ric. II. Reading of this Writ and Return in Parlement the Appellants in their proper Persons prayed the King That the Duke of Glocester might be declared Traytor and Enemy to him as having levied War in the Kingdom against his Person contrary to his Ligeance and that all his Lands Tenements Goods and Chattels as they ought in this Case notwithstanding his Death might be forfeit Whereupon the Commons also of this Parlement prayed the King and Lords That it being notoriously known to the King and all the Estates of the present Parlement and to all the Kingdom that the Duke and others of his Party assembled at Haringay in the County of Middlesex with a great number of People Armed and Arrayed to make War against the King contrary to their Ligeance and came with such Force into the presence of the Person of the King which was to levy War against their Liege Lord That he might be adjudged Traytor and that his Lands Tenements Goods and Chattels might be forfeit notwithstanding his Death as they ought in this Case Upon this all the Lords Temporal and Monsieur Thomas Percy having Power as abovesaid having been fully Examined said That the said Crime and Treason were notoriously known to them and the whole Kingdom wherefore His Judgment all the Lords Temporal and Monsieur Thomas Percy by assent of the King declared him guilty of levying of War and Traytor and adjudged all his Castles Mannors Lands c. which he was possessed of on the 13th of November in the Eleventh year of this Reign as in the Earl of Arundel's Judgment forfeit to the King and his Heirs And that none of his Issue or Heirs of his Body or their Issue or Heirs in time to come should ever bear the Royal Armes of England intire nor with difference ne ove deference or in other manner whatsoever nor should inherit the Crown of England Upon 6 Ibm. the 25th of September the Appellants in full Parlement prayed the King That if there were any thing upon Record whether by Confession of any Person appealed or other Person whatsoever touching their Appeal that it might be openly known and declared in full Parlement Then by Command of the King and Advice of all the Lords Temporal 7 Append. n. 112. The Confession of the Duke of Glocester when Prisoner before Sir William Rickhill a Commission bearing Date the 17th of August this year was read directed to Monsieur William Rickhill one of the Justices of the Common Bench and a Confession made before him by Thomas Duke of Glocester by force of that Commission and the Return of that Commission was then also Read which follows in these Words This is the Answer 8 8 Pleas of the Crown in Parlement 21 of Ric. II. of William Rickhill to the Commission of his Liege Lord. THomas Duke of Glocester be the name of Thomas of Woodstok the zer of the King Richard Twenty one in the Castle of Cales by vertue of a Commission of the King as it is more plainly declared in the same directed to William Rickhill Justice hath * * Declared