Lenox Menteith and Stratherne came laden with Spoil and Prey to St. Johnston where he found the King of England his Brother lately return'd thither from his victorious March beyond the Scottish Mountains This Town had been lately destroy'd by the Scots who despair'd to maintain it for their own behoof But now King Edward order'd it to be rebuilt fortifi'd and encompassed with a strong Wall Ditch and Rampire VI. The King of u Knighton p. 2567. France all this while did what he could by Policy to hinder King Edwards Proceedings and withdraw him home again before he might perfect any Conquest in Scotland To that end again he sends his Ambassadors to him and procures Others to be sent from the Pope x Vid. Odoric Rainald ad An. 1335. §. 36 with Letters bearing date apud Pontemsorgiae Avenionensis Dioecesis 2 Kal. Aug. Anno Pontif. 1. to endeavour a Peace between King David and him and to request his Company once more in the Holy War But King Edward observing his pragmaticall Curiosity in Affairs no way relating to him and also his unsincere way of Address sent him short Word That he was able of himself blessed be God without any help from him to wage war with the Infidels when he should see fit unless He and his Adherents by their Malice and underhand Dealings should stand in his way And that he neither could nor would undertake any Foreign Expedition while his Enemies the Scots continued so rebellious against him who were also by him abetted and encouraged in their Rebellion Thô both as a Christian Prince and a Kinsman he ought rather to compose War and Strife among two Christian Nations and even to assist him with all his Might in his just Wars than to nourish up his Capital Enemies unjustly against him VII Thus King Edward put him off at that time and proceeded with such success in his Affairs in Scotland that about the Feast of the y Augusti 15. Assumption of our Lady most of the Scotch Nobility being wholly tired out and fearing yet much more z Walsingh hist p. 116. Adam Murimouth came in and submitted themselves to King Edward of England at St. Johnston where both the Kings then were among whom thô the Lord Strabolgi came not in person for fear of the Kings sudden Displeasure yet by his Advocates and Letters he so humbly sued for Peace and Pardon and so well acquitted himself of all Treason that he with the rest was accepted on these Conditions a Ces sont les Choses le Pointz accordez c. Murimouth c. Stow p. 232. Knighton p. 2566. n. 30. c. These are the Points and Articles agreed on betwixt the Council of the Kings of England and Scotland on the one Party and the Lord Alexander Moubray the Lord Geoffry Moubray the Lord Geoffry Roos Dr. William Bullock Clerk and the Lord Eustace de Lorrain having full power from David Strabolgi Earl of Athol and Robert Stuart of Scotland on the other Party to treat on accord and confirm all Points enterparled and to be enterparled betwixt the said Kings and the said Earl and Robert Stuart as appeareth by the Letters Patents of either Party 1. Imprimis it is accorded That the Earl of Athol and all the Great Men and Others of the Commonalty of Scotland which were willing to come in to the King of Englands Peace shall have Life and Limb Lands and Tenements Fees and Offices which they ought by right or by inheritance to have in Scotland those except which by common Assent should be excepted In such manner that all Offences and Misdemeanours which they had committed in the Realm of England from the beginning of the World to the Date of these Presents shall be pardon'd without Imprisonment or any other Molestation 2. Item That the Earl of Athol and the Lord Alexander Moubray shall still hold those Lands Tenements and Fees in England which they held at their departure from Newcastle upon Tine when they paid Homage to the King of England 3. Item That the Franchises of the Kirk of Scotland shall be maintained after the ancient Usage And that the Laws of Scotland in Burroughs Towns and Sheriff-wicks within the Lands of the King of Scotland be used after the Old Way as they were used in the time of King Alexander And that the Offices of Scotland be administred by Men of the same Nation yet so as that the King of Scotland of his Prerogative Royal may at any time according to his pleasure advance to places of Office Men of any Nation whatsoever 4. Item That all those who being in the same case with the Earl of Athol have Lands and Tenements within the Lands of the King of England shall still hold those Lands and Tenements Possessions Fees and Offices as they had them at their departure from Newcastle upon Tine when they paid Homage to the King of England those except who by common Assent shall be excepted and if they be impleaded for their Lands and Tenements aforesaid they may have their Defence and Recoveries in any Court according to Law. 5. Item As touching the Demand which the Earl of Athol claimeth that the King of England would release him his Lands in England which he hath in gage for 800 Marks the King neither ought nor will do that but as for his Mannor of b Stow Byphingdone quod corrigo autoritate Dugd. 2 Vol. p. 96. ubi legitor Bulinden in Com. Buck. Bulindon which the said Earl laid to pledge for c Stow 250 l. sed Knighten CC li. ubi li pro l. à Stow acceptim per errorem cum stat li. pro libris two hundred Pounds it is accorded That if the said Earl of Athol come within one Year and make true payment of the said Money that the King shall cause the said Mannor to be restored unto him 6. Item That as touching the Castle and Lands of Chilham the said Earl shall be in the same point that he was before at his departure from Newcastle upon Tine when he paid Homage to the King of England and shall have his Recovery by Law and the King promiseth in good Faith to take Order that he shall have the Law of his Kingdom without favour on either Party 7. Item That as touching the Lands which the said Earl claimeth in Norfolk whereof he hath Charters the King promiseth that having seen first his Charters by Advice of his Council he will do him reason And if in any case any man surmise Treason upon the said Earl he may defend himself with his Body according to the Laws and Usage of Scotland and upon the Marches And that all those in his case have the like Grant. 8. Item that as to the Pardon which William Ramsey Knight demandeth for the Trespass by him done to William Lord Montagu in beating down his Castle of Haghterdorne the same William shall be ready to make satisfaction in
Mans nor for none other Cause and in case any Letters come to You contrary to the Law that Ye do nothing by such Letters but certifie the King thereof and go forth to do the Law notwithstanding the same Letters And that Ye shall do and procure the Profit of the King and of his Crown with all things where Ye may reasonably do the same And in case Ye be from henceforth found in Default in any of the points aforesaid Ye shall be at the Kings Will of Body Lands and Goods thereof to be done as shall please him As God You help and all his Saints A like form mutatis mutandic was set for the Clerks of the Chancery for which we refer the Reader to the Statute-Book Where also he will find an excellent Statute made 7 Maii Anâ— Reg. Angl. 20. Fr. 7. which is to be refer'd hither Now also the King hearing e Holinshead Eng. Chr. p. 929. Complaints made against the Purveyors of Victuals for his Houshold who under Colour of their Commissions abused the same in taking up whatever they pleased among the Commons at the rate only set in their Commission he caused strict Inquisition to be made of these Misdemeanours and those who were found Offenders in the Premises of which there were many all condemned some to the Gallows and other to Great-Fines whereby the Groans of the Commons ceased and other of the Kings Officers were made more Wary and Discreet Having thus provided for the settlement of Justice during his Absence he f Frois c. 121. left his Queen to the Care of his Cousin John Plantagenet the Young Earl of Kent his Second Son Prince Lionel of Antwerp he g Dugd. Bar. 2 Vol. p. 167. ex Rot. c. constituted his Lieutenant of the Realm appointing the Archbishop of Canterbury and others of his Council to assist him And to Watch the Motions of Scotland b Holinshead Engl. Chron. p. 929. he left the Lord Henry Percy the Lord Ralph Nevil of Raby together with the Archbishop of York the Bishop of Durham the Bishop of Lincoln and the Chief Lords of the North But he gave an especial Charge to Sr. Geoffry Witchingham Lord Mayor of London and to John Croyden and William Clopton Sheriffs to take diligent Care of the Peaceable and Quiet Government of the City and particularly he i 20 Ed. 3. p. 1. m. 18. 26. commanded them to look after the Spreaders of False News in and about the City and to apprehend all such Persons and lay them up in the Prison of Newgate II. And having thus providently settled Affairs at home k 6 Maii Claus 20. Ed. 3. p. 1. m. 11. dersc vid. Rot. Franc. 20. Ed. 34. 2. m. 2. and sent to the Prior of the Order of Fryers Preachers in London to offer up Prayers that God would please to Protect and Defend him and give his Forces Victory over his Enemies he repaired to his Army which was now ready to go on board And there he spake aloud to all his Captains and Officers which was also communicated to the whole Army l Giov. Villani l. 12. c. 62. p. 872 That he had more Right to the Realm of France upon the account of Queen Isabella his Mother Daughter of Philip the Fair than Philip of Valois had who was Son of the Lord Charles Second Brother which was of the said Philip the Fair who now usurped the said Realm thô he was not in the direct Line but collateral He therefore earnestly desired them to play the Men forasmuch as it was his Resolution to send back his Navy again as soon as ever he was Arrived in the Realm of France Wherefore it behoved them to be Valiant and either to Win the Land with their Swords or resolve to die every Man for they would have no place to flye But that if any one was in doubt or fear to pass the Seas with him he might ev'n stay in England with his good leave To this they all answer'd as it were with one Voice That they would follow him as their Good and Dear Lord with a good Will even to the Death Then the King seeing his Men well disposed to the War deliver'd his Letters close Sealed to the Admirals of his Fleet least it should happen that by force of Wind they should be separated from the Rest in which letters was contained where he would have them Land and commanded them unless they were divided by Storm not to open them till they came to Land. And so he went on board in the Name of God and St. George at m Frois c. 221. Southampton in the close of June with a Fleet of n Mezeray ad hanc an p. 24. ubi 200. Knighton verò 1100 magnas naves 500 mineres ponit p. 1585. n. 40. Stow p. 241. has a 1000 ships of Barthen and Pinaces Speed p. 577. about a 1000 Sail. Gaguin 1100. Grov Villani 6â—0 c. 200 Sail thô Authors vary much in the Number wherein were 4000 Men of Arms 10000 Archers and Footmen of Wales 12000 and 6000 Irishmen The King had with him in his Company the Young Prince of Wales at that time about sixteen Years of Age There was also Humphry Bohun Earl of Hereford and Essex and his Brother William Bohun Earl of Northampton Thomas Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel John Vere Earl of Oxford William Clinton Earl of Huntington Robert Hufford Earl of Suffolk and of Barons the Young Lord Roger Mortimer the Lord Gerard o Dudg 1 Vol. p. 738. Lisle and his Kinsman the Lord John Lisle the Lord Reginald Cobham the Lords John and Roger Beauchamps the Lord John Moubray the Lord William Ros of Hamlake the Lord Thomas Lucy of Cockermouth the Lord William Felton the Lord Thomas Bradestan the Lord Ralph Basset of Sapcoate John Lord Willoughby of Eresby the Lord Peter Mauley V. of the Name * Hâ—c nemina â—u sequuntur ad numerum 22. er M. S. Vetust Lat. in Bibl. C.C.C. Cantab. cui titâ—â—us Acta Edvardi Fihi Edvardi Tertii Thomas Lord Vghtred John Lord Fitz-Walter William Lord Kerdeston the Lord Roger Say the Lord Almaric de St. Amand the Lord Robert Bourchier the Lord John le Strange the Lord Edward Montagu the Lord Richard Talbot the Lord John Mohun of Dunster William Lord Boteler of Wemme Robert Lord Ferrers John Lord Seymor John Lord Grey William Lord Botreaux the Lord Hugh Spencer the Lord John Striveling Michael Lord Poynings Robert Lord Morley Thomas Lord Ashley John Lord Sutton the Lord Nicholas Cantilupe and Others and of Knights Batchelours the Lord John Chandos the Lord Peter Audeley and the Lord James Audeley the Lord Bartholomew Burwash junior the Lord Thomas Holland the Lord Fulk Fitz Warine Sr. Richard Pembroke and several others There were but a few Strangers at this time with King Edward because his Friends of Germany had fell off together
this latter is not a mistake of kin to the former About this time there e Ashmole p. 700. Stow ibid. Sr Thc. de la Mere. died in the parts of Gascogne on the Tuesday next after the Feast of St. Michael the Archangel Sr. Thomas Wale Knight of the most Noble Order of the Garter being a Person of great Worth and Vertue So that of all the Stalls of the first Founders his first became void into which succeeded Reginald Lord Cobham of Sterborough Sr. Thomas Wale bare for his Arms Argent a Cross Sable and Sr. Reginald Cobham Gules Three Mullets Sable on a Cheveron Or. XI King f Stow p. 253 Edward understanding at this time that the Brittish Seas were infested with Pirates order'd seven Men of War to be fitted out with certain Pinnaces to attend them Of which Fleet Sr. Thomas Cook and Sr. Richard Tottlesham were Admirals who scoured the Seas about the Coasts of Picardy and Normandy and at last return'd with safety and Honour This Year g Knighton p. 2603. n. 20. William of Bavaria Son to Lewis the late Emperour of Germany and in his Mothers Right Earl of Hainalt Holland and Zealand came into England and Married by the Kings leave the Lady Mathilda Eldest Daughter to Henry Duke of Lancaster and Relict of Ralph Eldest Son of Ralph Earl of Stafford who dying three Years before left her a Fair young Widow This William was Duke of Bavaria and Count Palatine of the Rhine and lately upon his Mother the Lady Margaret her Death Earl of Hainalt c. But about six Years after upon what occasion is not known h Tune 's store-house p. 721. he fell distracted and slew a Knight with a blow of his Fist Whereupon he was shut up under a good Guard in hopes of Recovery his Brother Albert managing the Government in his stead till about 19 Years after he died in that sad Condition leaving no Issue by his Wife who continued in a manner a Widow during that long time of his Distraction XII This mean while Henry the Great Duke of Lancaster Father to the said Lady Mathilda when he saw the Truce taken between the two Realms the last Year being desirous to bestow what time was his own to the Honour of God and the propagation of Religion l Dudg 1 Vol p. 786. ex Pat. 25. Ed. 3. m. 6. obtained the Kings Licence to take a journey into Prussia there to fight against the Infidels In which Licence the King granted that in case he should depart this Life before his Return his Executors should retain all his Castles Lands and Mannors in their Hands till his Debts were discharged Together with this Noble Prince went at the same time k Monast Angl. 1 Vol. p. 728. b. n. 20. Dugd. 1 Vol. p. 550. William Lord Ros of Hamlake and several other Persons of Quality but the said Lord Ros died this Year before his Return in the 26 Year of his Age without Issue leaving Thomas his Brother Heir to his Great Inheritance then but 14 Years of Age. The Duke of Lancaster passing thus towards the Holy Land with a gallant attendance of Valiant Knights and Gentlemen was l Knighton p. 2603. n. 10. suddenly in High-Germany together with several of his Company arrested and obliged to lay down 300 Scutes of Gold for his Liberty Which affront we shall shortly find how ill he resented But however for the present he proceeded on his journey being honourably attended and convey'd from Country to Country by the special Command of those Christian Princes thrô whose Dominions he passed But before he came into Prussia he heard that a Truce for several Years had been already taken by the Christians and Pagans whereat being much displeased he returned back again the same way In his return m Knighton p. 2603. n. 30. c. Dudg 1 Vol. p. 786. b. c. Frois c. 153. Stow p. 253. Fabian p. 230. Grafton p. 292. Walsingh Hist p. 162. n. 14. being then at Cologne a certain German Knight informed him how the Duke of Brunswick was He who had caused him to be so arrested intending in favour of the King of France to have him secured and sent back unto the said King. Wherefore now he declared openly in the Cathedral of Cologne in presence of the Marquess of Juliers and many other Nobles how basely Otho Duke of Brunswick had caused him to be arrested with design to hinder his Pious Pilgrimage thô he had never given him any the least occasion of Offence as he knew having no acquaintance with him or knowledge of his Person And he affirmed that it did not become a Gentleman of Quality to deal so rudely with a Knight Stranger who had never offended him and that in case he had a mind to meddle he should find him ready to perform the part of a Souldier at any time Now when the Duke of Lancaster was safely return'd into England as he did before Ascension-day this Year these his Words were related in Order to the said Duke of Brunswick who thereupon presently sent a Challenge to the Duke of Lancaster in this form Otho by the Grace of God Duke of Brunswick Lord of Thuringen and Son to the Great Duke of Brunswick unto the Excellent Prince and Noble Duke of Lancaster Know You that the Words which You spake personally with your own proper Mouth in the Chief Church of Cologne by Name St. Peters on the Friday next after Easter last past before the Noble Prince the Marquess of Juliers and many other Worshipfull Knights and Esquires in the presence of the Citizens of the said City unadvisedly rashly and shamefully were false and by no means true Which things We will maintain by our own Body against your Body as a true and Loyal Lord is bound and obliged to demonstrate against a rash and false and wicked Man. And this We will perform between the Castle of Guisnes and St. Omers or where else the King of France our Lord shall assign a place For thither shall be brought a safe Conduct from the said King lest We should prolong the Matter Dated c. This Challenge being brought into England to the Duke unsealed n Stow ibid. lest he might expose himself to scorn by giving too much Credit to such unauthentick Letters he presently sent back unto Otho two Knights to learn the truth of the Matter and to demand thereupon his Letters Patents sealed with his Seal of Arms. Upon the return of these Knights with his Letters sealed he obtained leave of the King his Master and wrote back that by such a day he would not fail to meet him and by the Grace of God to maintain his Words in his own proper Person as Truth and Honour required Accordingly having with much adoe obtained a safe Conduct from France he furnished himself after his Quality and went strait over to Calais with 50 Knights in his Company
Staple in the Statute-Book because it agreeth exactly with the Record containing 28 Chapters The Seventh day of October Sr. Bartholomew Burwash the Kings Chamberlain in the Presence of the King Lords and Commons sheweth how the King had attempted and pursued War against the French without Charging of the Commons And to end the same he had made great means to the Pope but that since he could not obtain any good end of the War he now required the Commons to grant him the Subsidy of Wooll who thereupon by whole assent granted him the same for Three Years The Print against Provisors that sue to the Court of Rome c. 1. agreeth with the Record the Print that all Suggestions shall be put into Pardons c. 2. agreeth with the Record The Print that Justices of the Peace should look after Victuallers c. 3. agreeth with the Record But the Statute of Wines in the Print c. 5 6 7 and 8. is not in the Roll nor in the Printed Calendar of Parliaments The Commons Petitions are as followeth viz. That the King would revoke the Office of Alnage and take three pence of every Cloth. Let the Commons talk with the Chancellour and Treasurer to the end good Recompence be made for the said Alnage That the Subsidies and other Aids granted may be employed only in the Wars It pleaseth the King. That the Coin may be reduced into old Sterling It was answer'd the last Parliament That the Staple may be appointed at Worcester Nottingham Hull St. Botolphs Stamford Lyn Ipswich and Canterbury One shall be at Canterbury and that only in Honour of St. Thomas That the Lords and Commons may by Easter following appoint out three Sorts of Wolls which shall then Commence The King will be advised That the outragious Fines taken by Sr. John Molins and such other Commissioners may be remedied Vpon Complaint Redress shall be had It is Enacted that all the Articles of the Staple shall be proclaimed throughout the Realm and confirmed at the next Parliament VII Thus this Year ended and on the 15 of March following King Edward sent forth his Writs of Summons to his Barons to meet him in Parliament on the Monday after St. Mark the Evangelist or the 28 of April On the q M.S. Rot. Par. 28 Ed. 3. m. 1. p. 579. Sr. Rob. Cotton p. 85. Monday aforesaid the Lord Chief Justice Sr. William Shareshull in the Painted Chamber made open Proclamation before the King Lords and Commons that the Parliament was called for three Causes First For the Establishing the Staple within the Realm and for Confirmation of the Ordinances made at the last Great Council Secondly How they might treat of a Peace with France for that by War the King saw his Subjects greatly wasted and Thirdly For Receiving of Petitions and redress of Enormities all which without a Parliament could not be effectually ended Here Roger Mortimer Lord of Wigmore being Grandchild to the old Roger Mortimer Earl of March who had been executed for Treason r Vid. l. 1. c. 3 §. 6. p. 46. ad p. 54. An. 4. Ed. 3. twenty three Years before had such favour as Å¿ M. S. ibid. Sr. Rob. Cotton ibid. Ashmole p. 692. Dugd. 1 Vol. p. 147. upon his Petition to obtain a Reversal of the Judgment given against his Grandfather aforesaid as erroneous and utterly void for that he that said Earl was put to Death against Law having never been called to open Answer before his Peers Whereupon this said Roger from thence forward bare the Title of Earl of March and had again Restitution of the Castles and Lordships of Blenleveny and Bulkedinas whereof his Grandfather died seised as also all his other Lands which upon that Forfeiture coming to the Crown had been bestowed on William Lord Montagu and Others But the Charter of his Restitution t Tho. Mills Catal Hen. p. 576. bears a later Date viz. on the 19 of Novemb Anno Regni 29. 1355. In u Dugd. 1 Vol. p. 317. M.S. Ret. Par. p. 80. §. 13. c. Sr. Rob. Câ—tton p. 86 c. like manner Richard Fitz-Alan Earl of Arundel upon his humble Petition wherein he remonstrated that Edmund Earl of Arundel his Father had been unjustly put to Death was thereupon as Heir unto him fully restored And because the Death of his Father had been occasion'd by the means of Roger Mortimer Grandfather to the foresaid Roger Earl of March to prevent all further Heart-burnings between the two Families it was now x Dagd 1 Vol. p. 317. 〈◊〉 Claus 28 Ed. 3. in dâ—rse m. 10. by Indenture made betwixt this Earl Richard and the said Earl Roger agreed that Edmund Son and Heir to the said Richard should take to Wise Alice the Daughter of the said Roger and that she should have Three Thousand Marks for her Portion viz. one Thousand at the Sealing of that Agreement upon their Marriage at her Seventh Year of Age one Thousand more and at her accomplishing the Age of Thirteen the remaining Thousand Now before this as we have already observed the King in Council resolved to withdraw the Mart or Staple of Woolls from the Towns of Flanders because that People thô they received much Advantage thereby had not kept true Touch with him and accordingly he commanded the same to be kept at y Holinsh Engl. Chren p. 948. Statute-Beek p. 102. Westminster Chichester Lincoln Bristow Canterbury Hull and other Places In pursuance of which wholsom Device it was z M.S. Rot. Par. p. 80. n. 16. Sr. Rob-Cotton p. 86. ibid. c. now Enacted that all the Ordinances made in the last Great Council assembled at Westminster touching the Staple be confirmed to continue for ever It is Enacted that the Justices of the Peace shall be of the Best in every County that upon the Displacing of any of them others be placed at the Nomination of the Knights of the same County that they sit four times at least every Year That none be displaced without the Kings Special Commandment or Testimony of their Fellows It is Enacted that no Purveyor being arrested for any Misdemeanour shall have any Privy-Seal to cause such as arrested him to come before the Council to answer the King but have his Remedy at the Common Law. The Commons Petitions with the Kings Answers thereto were these That the Surplusage of the Fines of the Statute of Labourers may be entirely distributed among the Poor of the whole County and not to poor Towns only It shall be parted among the poor Towns only That the Writ of Estreat may lie in every Action where the Party shall recover Dammages of Estreats after the Writ purchased The old Law shall be continued That Remedy may be had in such Cases where the King receiveth the Profits of the Wards Lands as well of Soccage as otherwise where no part of the same is holden of him The Law heretofore used shall continue That it may be order'd
whether the Tenants of such as hold by Barony and are summoned to Parliament shall contribute to the payment of Knights Fees coming to the Parliament As heretofore so the same shall be That present Pay be made of all Purveyances being under twenty Shillings and of greater within one Quarter of a Year and that Purveyance be made without Malice It is good to make Payment accordingly to the first Point and to redress the second That all Sheriffs be charged to make present Payment for all Purveyances for Calais The Demand is reasonable That any one attainted upon a Writ of Oyer and Terminer may bring his Attaint a Ita M.S. Sr. Rob. Cotton â—n petiùs haâ—ing hanging his Suit against the other The Lords will not alter the Order of the Law. That the Lords Marchers of Wales do suffer no Distresses to be made on any English Man coming into Wales for any other Mans Debts if he be no Debter Trespasser or Surety As heretofore so the Law shall be That no Inquest upon Conspiracy Confederacy Maintenance or such like be returned but by the Sheriff of the most lawfull Men and nighest in that part of the Country where such Acts are laid that all Evidences therein be given openly at the Bar and that no Man speak with the Jury after they depart therefrom This last Petition was Enacted That the King b Now for the better Understanding of this Petition it is to be noted that about four Years before this c Hâ—lâ—â—â—head Engl. Chron. p. 948. vid. Gedwins Catal. Bish p. 234. William Edindon Bishop of Winchester and Lord Treasurer of England had caused Groats and Half-Groats to be Coined to the People's great Disadvantage for they wanted something of the just Sterling Weight Which occasion'd the Price of all things to be very much enhanced whereupon at the Commons Complaint now in Parliament the King promised to redress the Grievance the first Opportunity Yet however many times after those Days the like Practice hath been used insomuch that now 5 s. scarcely contain so much silver as 5 Groats had 300 or 400 Years ago So that 't is no wonder if things be sold at treble the Price which they held at that time For hereby also it comes to pass that the Prince and Nobility cannot possibly maintain their Estates with their Ancient Rents and Revenues because thô they bring them in the old Tale and Number yet they fall far short in the due Weight and Quantity of Metal will appoint a Time when the Coin shall be made Finer With Opportunity the King meaneth the same That the King have the Forfeitures of his Widows Dowagers but not of such as hold joyntly with their Husbands The old Law shall stand That the Writ of Appeal brought d Ita Sr. Rob. Cotton having in M.S. hanging another may abate the other The Common Law therein used shall continue That Weights and Measures may henceforth be made in the Town of London so as all Counties do conform themselves according thereto There is a STANDARD in the Treasury where every Man readily may have the same That the Writs of the Chancery may be at reasonable Prices and that the Clerks of the Crown and others for Commission and such like do content themselves with the Kings Allowance As heretofore the same shall be That Fines for Writs may be reasonably made in every of the Kings Courts The Chancellour shall do as heretofore The Commons beyond the Trent require that the Justices of the one Bench or of the other may yearly come twice amongst them for taking Cognisance of Fines and Letters of Attourney of the Unable The King will be advised That Labourers may take Corn for their Wages The Statute made shall be observed That the Staple may always continue in England The same shall so continue till the next Parliament and not be alter'd without the Assent of the Parliament The Merchants Strangers require that the Ordinances of the Staple may be executed speedily The King willeth the same It is Enacted that that Statute made that all Merchants coming into this Realm with their Merchandises might sell the same to any Person whatsoever and of the same to make Exchange or to buy Wares paying the Customs therefore is confirmed to continue That the Customers do dispatch all such Merchants coming in with their Wares and that those Merchants for the Prices of their Wares may be credited upon their Letters and Oaths It is Enacted that some One of the Kings Council may be appointed to be Governour to such Merchants Strangers The Chancellor or Treasurer shall supply the same when he may attend if not some Learned Justices shall be appointed therefore The Printed Statutes of this Year e Statute-Bâ—ck p. 108. ad an 28. Ed. 3. concerning shewing of Woolls Ch. XIV And concerning that none be Outlawed or put to Death without due Process of Law Ch. III. And that touching Errours and Misprisions in the City of London Ch. X. And that touching the Confirmation of all Statutes not repealed Ch. I. And that how the Escheators shall answer the Profits of the Lands of the Kings Tenants Ch. IV. And that which prohibits Exporting of Iron Ch. V. And that for the Election of Coroners Ch. VI. And that which concerns the Continuance of Sheriffs C. VII And that touching Attaint given without respect to quantity of Dammages Ch. VIII And that which contains sundry Ordinances of the Staple Ch. XIII And that concerning the Bounds of the Staple Ch. XV. And that touching Sheriffs who use to take Inquests for the inditing of any Ch. IX All f M.S. Rot. Par. an 28. Ed. 3 n. 20 22 26 28 31 32 39 41 43 46 47 c. Sr. Rob. Cottons Abridgm p. 86 87 88. these Printed Statutes agree exactly with the Record After all these things the Lord Bartholomew Burwash senior being then Lord Chamberlain and g Dugd. 2 Vol. p. 35. a. one of those who had been at the Treaty of Calais the last Year declared to the whole House that there was a Treaty of Peace between the King and the French and a good hope of a final Accord whereto in the Kings Name he demanded of the Commons whether they would agree To which Demand they answer'd how therein they wholly submitted themselves to the Order of the King and his Nobles Whereupon Dr. Michael Northborough Keeper of the Kings Privy Seal and about h Godw. Catal. Bish p. 197. ubi Northbrook male pro North-burgh ut Pat. 29 Ed. 3. this time Elect Bishop of London commanded Dr. John Swinley the Notary to prepare a Publique Instrument thereof VIII And having thus dispatch'd the Transactions of this Parliament it is high time to see what was effected as to the Treaty then in hand between the two Crowns of England and France According to an Article of the last Years Truce Ambassadors were to appear from both the Kings at Avignon in January then next
be within One Year next after that the King of France shall depart from Calais the Lord John Earl of Monford shall have the Earldom of Monford with all the appurtenances he doing for the same Liege Homage to the King of France and all such Duties and Services which a good and Loyal Liege-Vassal ought to do to his Liege Lord because of the said Earldom And also his other Heritages shall be rendred unto him which are not of the Dutchy of Bretagne he doing Homage or other Duty therefore as it appertaineth And if he will challenge any thing in any of the Inheritances which are of the said Dutchy besides the Country of Bretagne good and speedy Reason shall be done him by the Court of France 22. Item Concerning the Question as to the Demaine of the Dutchy of Bretagne which is between the said John of Monford on the one Party and Charles of Blois on the other Party it is agreed that the two Kings having called before them or their Deputies the Principal Parties of Blois and Monford shall by themselves or Special Deputies as soon as may be inform themselves of the Right of both Parties and do their best to set them at an Agreement touching what is in Controversie between them And in case the said Kings by themselves or their Deputies shall not be able to bring them to an Agreement within One Year next after that the King of France shall be arrived at Calais then the Friends of the one Party and of the other shall diligently inform themselves of the Right of the Parties in manner abovesaid and shall endeavour to bring the said Parties to an Agreement to the best of their Power and as soon as may be And if they cannot bring them to an Agreement within half a Year next following they shall then report unto the said two Kings or to their Deputies all that which they shall have found about the Right of the Parties and touching the points of Discord which shall remain between them both And then the two Kings by themselves or their Special Deputies as soon as may be shall set the said Parties at an Agreement or shall declare their final sentence about the Right of the one Party and of the other and the same shall be put in Execution by the two Kings And in case they cannot do this within half a Year next following then the said Principal Parties of Blois and Montford shall do what they shall think best and the Friends of the one Part and of the other shall aid either Part as they please without any Impeachment from the said Kings and without any Damage Blame or Reproof by either of them at any time for the cause aforesaid And if it so happen that one of the said Parties will not sufficiently appear before the said Kings or their Deputies at the time which shall be appointed for them And also in case that the said Kings or their Deputies shall have ordained and declared that the said Parties should be at concord or shall declare their sentence for the Right of the one Party and either of the said Parties will not agree unto the same nor obey the said Declaration then both the said Kings shall be against him with all their Power and aid the other Party which is content to agree and to obey But the two Kings shall in no case neither in their own proper Persons nor by others make or enterprize War one against the other for the cause aforesaid And always the Sovereignty and Homage of the said Dukedom shall remain to the King of France 23. Item That all the Lands Countries Towns Castles and other Places yielded over to the said Kings shall be in such Liberties and Franchises as they are at this present And these Franchises shall be confirmed by the said Lords the Kings or by their Successors and by every of them so often as they shall be duly required thereto if they be not contrary to this present Agreement 24. Item that the said King of France so soon as he can and at the farthest within one Year next after that he shall depart from Calais shall without deceit render and cause to be rendred de facto to Monsieur Philip of Navarre and to all his Publique Adherents all the Towns Castles Forts Lordships Rights Rents Profits Jurisdictions and Places whatsoever which the said Monsieur Philip as well in his own Right as in the Right of his Wife or which the said Adherents do hold or ought to hold in the Realm of France Neither shall the said King do unto them at any time Reproach Dammage or Impeachment for any thing done heretofore but shall forgive them all Offences and Misprisions for the time past by occasion of the War. And of this they shall have his Letters good and sufficient so as the said Monsieur Philip and his said Adherents shall return to his Homage do unto him their Duties and be unto him Good and Loyal Vassals 25. Item It is agreed that the King of England for this time only may give unto whom it shall please him in Heâ—itage the Lands and Inheritance which sometimes appertained to Godfry of Harcourt to be held of the Duke of Normandy or of any other Lords of whom they should be holden of Right by the Homages and Services anciently accustomed 26. Item It is agreed that no Person or Country which have been of the Obedience of the One Party and by this Agreement shall come to the Obedience of the Other Party shall be Impeached for any thing done in time past 27. Item It is agreed that the Lands of the Banished and Adherents of the One Party and of the Other and also of the Churches of the One Kingdom and of the Other and all they who are disinherited or expelled from their Lands and Heritages or are charged with any Pension Taillage or Debt or otherwise grieved in any manner whatsoever because of this War shall be restored intirely to the same Rights and Possessions which they had before the War began And that all manner of Forfeitures Debts and Misprisions done by them or any of them in the mean time shall be wholly pardon'd and that these things shall be done as soon as may be effectually and at the farthest within one Year next after that the King of France shall be gone from Calais excepting what was said in the Article of Calais and Merks and other Places in the said Article named excepting also the Vicount of Fronsac and Monsieur John de Galard who are not comprised in this Article but their Goods and Heritages shall remain in the same State wherein they were before this present Treaty 28. Item It is agreed that the King of France shall effectually deliver unto the King of England as soon as may be and at the farthest before the Feast of St. Michael the Year next coming after his Departure from Calais all the Cities Towns Countries and other
or other Instruments whereby Men may know the Encrease or Decrease of the Sea. In time of War the same may be to less harm and after taken away That the Acquittance of the Co-Executors refusing Administration may be void The Law shall be used as heretofore It is agreed that no Man be punished contrary to the Statute Such Commissions as were to enquire of Scotch Labourers within the Realm were repealed The Print touching the Pardon of Forest Matters Chap. 4. agreeth with the Record The Print touching the Staple to be removed from Calais because of the Wars and to be held in England Chap. 1. differs much in Form from the Record quod nota The next Day being the Twelfth of June the King gave his Thanks to the Lords and Commons for their great Pains and for the Aid they had given him And in some sort of Recompence promised to all such as should pass over Sea with him against the French that they should enjoy and possess all such Towns Castles Possessions Persons Names Arms and Honours as they should obtain win conquer or take of the French to them and their Heirs in Fee saving unto the King all Regalities and the Lands of the Church and that every Person should have Charters of his own Prowess and Conquest And further the King commanded that all the Bishops should not only muster their own Servants and Tenants but also all Parsons Vicars and other Religious Persons of the Clergy all who were to be in a readiness upon Occasion to resist the Common Enemy And then the Parliament brake up XI One thing here We must not omit namely a Matter concerning the Bounty of the Generous Black-Prince extended to the truly Loyal and Valiant Gentleman the Lord John Greilly that Famous Captal of Busche To whom he granted about this time the whole County of Bigorre in tail reserving yearly at Christmas a Faulcon and a Tercel Gentle to be paid at his Castle of Bourdeaux besides the known Services due out of that County whereof he gave him his Charter h Extant Gallico idiemate apud Selden's Titles of Honour Part. 2. c. 3. §. 13. p. 518. EDWARD Eldest Son of the King of England Prince of Aquitaine and of Wales Duke of Cornwall and Earl of Chester Lord of Biscay and of the Castle of Ordiales to all who shall see or hear these Letters We give to know That for the good and agreeable Services which our Right Dear and Loyal Cousin John de Greilly Captal of Busche hath rendred unto Us heretofore and which He and his may render unto Us and Ours in time to come We have given and granted and by these Presents do give and grant to Him and his Heirs Male Lawfully begotten the County of Bigorre with the Cities Towns Castles Lands Seignories Homages Jurisdictions High Mean and Low Meer and Mixt Empire Rights Cens and Rents Revenues and other Profits Emoluments and Appurtenances of the said County He rendring unto Us and our Heirs every Year for ever at our Castle of Bourdeaux at the Feast of Christmas a Faulcon and a Tercellet Gentle and doing unto Us and our Heirs Liege Homage and Oath of Fealty Resorts and other Duties which ought to be done to Us for the said County In Witness of which We have caused to be put to these our Letters Patents our Great Seal Given at our City of Angoulesme the 27 day of June in the Year of Grace MCCCLXIX This Grant of the Prince's to that Noble Lord was in i Rot. Vasc 44. Ed. 3. m. 8. n. 4. April following confirmed by the King his Father under the Great Seal of England only reserving to the King and his Heirs Kings of England the Liege Homage of the said John and of his Heirs for the said County and also the Sovereignty and Resort of the said Earldom and all other Duties to Him as Superior Lord due therefrom And so Command was sent from the King to all States and Officers in that County to be obedient and answerable to the said John Greilly as to the Earl of the said Earldom of Bigorre in all things pertaining to the said Earldom CHAPTER the FIFTH The CONTENTS I. The Dukes of Anjou and Berry begin to War upon the Principality several English and French Captains alter their Copies II. The Earls of Cambridge and Pembroke are sent over by King Edward to the Prince's Assistance and Sr. Hugh Calverley returns out of Spain with 6000 Companions The Latter is sent by the Prince to make War upon the Discontented Gascogners and the two Former against the Lands of the Earl of Perigort where they lay Siege to Bourdeilles III. Sr. Simon Burley taken Prisoner by the French and his Men all routed slain or taken IV. The Lord John Chandos takes the strong Town of Terrieres Realville besieged by the French. V. The Dukes of Anjou and Berry make use of the Clergy to debauch the hearts of the English Subjects in France from their Duty King Charles makes solemn Processions and is very devout in order to raise up the Courages of his People The Bishop of London sets forth King Edward's Right to the People from his Pulpit Both the Kings seek foreign Alliances VI. The Two Kings set forth an Account of their several Causes to the World with certain Copies of both their Cases as they were then menaged by the best Lawyers of Italy France and England VII The Reasons whereby the French pretend to cut off from King Edward and his Posterity not only all Right to the Crown of France but also from his Right to Aquitaine which yet had belonged to England in Right of the Lady Eleanor Daughter and Heiress to William last Duke of Aquitaine and Wife to King Henry the Second of England VIII The Pedigree of the Kings of France from King Philip Son of St. Lewis to King Charles the Fair Brother of Queen Isabell Mother of King Edward the Third IX Reasons alledged by the King of England for his Right and Title to the Crown of France I. THE mean while a Frois c. 248. 249. as soon as ever the Dukes of Anjou and Berry knew for certain that the Defiance was made and the War between the two Crowns open they thought not to sleep any longer but made their Special Summons the One in Auvergne and the other about Tholouse with design to raise Forces and go and make War upon the Principality The Duke of Berry for his part had ready at his Command all the Barons of Auvergne of the Bishopricks of Lyon and of Mascon together with the Lord of Beaujeu the Lord of Villiers the Lord of Tournon Sr. Godfrey of Boulogne Sr. John of Armagnac Sr. John de Villemur the Lord of Montagu the Lord of Tarascon Sr. Hugh Dauphin the Lord of Rochefort and divers others with all whom he drew toward Berry and the Marches of Touraine where being mightily reinforced he began to make terrible War upon
or Encrease than by way of Confiscation especially of that which riseth upon the Crime of Treason as it is in this present Case It was also set forth at large by the Letters and Rescripts of King Edward how the King of France never renounced either the Reversion or Soveraignty of those Lands which were deliver'd to the King of England by the Treaty of Calais And it was said by way of Corollary that neither the Dutchy of Aquitain nor any other Lands whatsoever ought ever to be deliver'd to the English upon any Respect because among other Reasons the English never yet had althô it were but one Foot of Land in France whether it were by Marriage or otherwise but in the end they always raised Wars and Troubles against the King and State of France And further there were noted and set down many Expeditions made into Aquitain both before and since the time of Charles the Great occasion'd by Justice of the Kings of France for Condemning and Depriving many Dukes of Aquitain because of their Rebellions and other bad Behaviour declaring manifestly that the said Dutchy of Aquitain was sometime the Proper Right and Inheritance of the Kings of France and that did evidently appear in that Charles the Great made and ordained Lewis the Gentle his Eldest Son King of the said Country of Aquitain as King Dagobert long before made Hubert his Brother by the Fathers side only Many other things are there contained which pretend to answer all that the English could say or alledge But We shall now hear what the King of England could say in his own Behalf when We have first set down a short Genealogical Table of the Descent from St. Lewis to King Edward and Philip of Valois VIII THE PEDIGREE OF THE Kings of FRANCE From Philip the Son of St. Lewis untill Charles the Fair. King Philip the Son of St Lewis King Philip the Fair. King Lewis Hutin Jane Countess of Eureux King Philip the Long. Margaret Countess of Artois King Charles the Fair. Blanch Dutchess of Orleans Isabell Queen of England Edward the III. K. of England Charles of Valois Philip of Valois IX Reasons alledged by the KING of ENGLAND for his Right and Title to the Kingdom of FRANCE UPON Supposal as it is evident and notorious in Fact that Philip of Famous Memory sometime King of France the Father of Charles of Honourable Remembrance King of France last deceased and of the most Gracious Lady Isabell Queen of England our Mother 1 Reason Proximity in the Descending Line was our Grandfather by the Mothers Side Then was no Male surviving nearer than We to the same King Charles at the time of his Death of all those who were descended with him from our Grandfather Philip Uncle to our Adversary Now the Person of a Woman is not capable of that Kingdom by a Law therein anciently observed which Law by way of final Cause respecting the Favour of that Realm lest the State thereof should decline under the Weak Government of a Woman by Excluding the Person of a Woman doth not therefore exclude the Person of a Man descended of a Woman so excluded Lest Matters Odious should be extended which is Odious in Law from Person to Person from Sex to Sex from Cause to Cause from Hatred to Favour And lest the Feminine Gender which is contrary to all Rules of Law should comprise the Masculine 2 Reason Restraint of things odiouâ— 3 Reason the Femin Gender compriseth not the Mascaline 4 Reason Derivation of Right from the Grandfather by the Mother 5 Reason Absurdity in Law. 6 Reason The Descending preferred before the Collateral 7 Reason the cause or reason of the Law ceasing especially in a case of an Odious Nature For to this end the Law before mention'd excludeth the Weakness of Women from bearing Rule that more Profitable Provision might be made for the State and that the next Male no otherwise debarred might be Assumed into her Place especially to that Right which did not first spring from the Mother so excluded but is originally derived and propagated from the Grandfather to the Grandchild Otherwise by this odious Enlarging another Absurdity in Justice would ensue that the Nearer Collateral should be excluded and the more distant and remote brought in Seeing that by the Law of Nature and of Nations Brothers and Sisters and their Sons are preferred in mutual Succession before other Collaterals in another Line So that upon this Statute which is made in Favour of the Kingdom and in Hatred of a Woman being debarred from the Kingdom Occasion should arise both of Violation to Law and of Injury to such Males as are descended from a Woman Neither can We conceive that the Intent of the Law here mention'd is so unjust as that the Mother and the Son upon Dislike Reason should be condemned and punished alike Yea by the Contrary Judgment of the same Law whereby the Mother is expelled from Succession the Son entring into the same Degree of his Mother succeedeth in her Place like unto that Son who riseth into the Degree of his Father or Mother deceased 8 Reason the Son entreth into the Degree of his Mother to succeed his Grandfather 9 Reason One vexation not to be added to another that he may be received in equal Terms with his Uncles to the Succession of his Grandfather That so the Sorrowfull Mother being stripped of her Royal Inheritance by Rigour of this Statute should in Right receive some Solâ—ce by Substitution of her Son and not one Heaviness to be heaped upon another which the Upright Consideration of Law doth abhorr as we see even where a Charge of Calamity cometh not by the Law but by Misadventure as in that Law whereby the Custom is condemned which permitteth another Man to take the Goods of them that suffer shipâ—reck By which Reason that which is corrected in express Disposition of Law for avoiding an Encrease of Grief is more strongly prohibited in the secret Disposition Let it therefore more than fully suffice that by the Law of the Realm of France the Mother is cut from the Royal Stem not by any Default in her Self but by the Fact of Nature which framed her a Woman And that by Express Law she suffereth a certain Shipwrock in her own Disinheriting althô she be not by any secret Consequence of the same Law contrary to the Course of Justice wrecked again with her Disinherited Son 10 Reason One not to be burthen'd with anothers Hate And so against all Rules and Reasons of Law one should be burthen'd with anothers Hate Whereas the Right from which the Mother is excluded is in such sort given unto the Son that the Mother receiveth nothing by this Office and Charge of the Son. So likewise we shall find Punishment enlarged without Offence whereas it should be mollified and restrained 11 Reason Punishments to be restrained 12 Reason from an Instance of great Authority even where there
Manny at the same time resigning his Lands also had the Earl of Pembroke and all the other Prisoners rendred back For whom they were now to make their Bargain as well as they could For the Ransom of the Lord Thomas Percy the strong Castle of Liziniac was yielded up to the French But the manner of the Lord Gutschard D'Angoulesme's Redemption was thus It may be remembred how we shew'd before that the Lord of Roy was still a Prisoner in England and likely enough to continue so because King Edward loved him not Now this Lord who was of High Birth and Estate had no Children but only one Daughter a Fair young Lady his Sole Heiress During his Imprisonment at this time his Friends proffer'd this Lady in Marriage to Sr. Oliver Manny a Knight of Bretagne Sr. Bertram of Clequin's Nephew on Condition he could obtain the Delivery of the Lord of Roye by Exchange for any one or more of his Prisoners Whereupon Sr. Oliver Manny sent to King Edward of England to know what Knight next the Earl of Pembroke he would have deliver'd in Exchange for the Lord of Roye The King hereupon intimating his particular Esteem for Sr. Guischard Dangle the Exchange was made and Sr. Oliver Manny married the Lord of Roye's Daughter with which Fortune he was so well pleased that he procured the other English Lords and Knights with all the rest of the Prisoners to be deliver'd for very easie Ransoms But as for the Earl of Pembroke p Frois ibid. no less than 6000 Florens of Florence were set on his Head for which certain Merchants of Flanders engag'd being to pay the Money at Bruges upon News of his safe Delivery at Calais 'T is q Walsingh hist p. 185. n. 20. thought the Spaniards upon his leaving them had given him a Dose For soon after this Bargain for his Redemption he began to be so extream sick that the Constable of France fearing the loss of his Money by his Death made hast to convey him by easie journeys from Paris in an Horse-litter But a Feaver came so violently upon him that he died by the way at Arras and so the Constable lost his Money He departed this Life on the r Dugd. 1 Vol. p. 577. ex Esc 49. Ed. 3. n. 70. sixteenth Day of April in the Year of our Lord 1375 being the following Year till the beginning whereof this business of the Prisoners was not settled He left behind him Å¿ Dugd. ibid. p. 578. one Son his Heir named after his Name John then but two Years old and an half and not born when his Father was taken Prisoner Which young Child proving of a very forward Vertue exceeding Hopefull and Towardly was afterwards in the Flower of his Youth being but seventeen Years of Age slain in a Tilt by an unlucky slip of Sr. John St. John's Lance to the great Regret of the King and of the whole Court because he was a Person of so Noble a Disposition as well as Extract and in Courage Bounty and Courtesie exceeded most of his Age and Dâ—gree I do not love to trample upon the Dead and to kill them again in their Reputation But for Example sake we must not conceal what some have observed to have been the occasion of these Judgments upon this Noble Earl and his Family It is first said t M.S. in Bibl. Bodlei K. 8. Cant. 186. b. that ever since Emery de Valence Earl of Pembroke and Ancestor of this Hastings sat among those who gave Sentence of Death against Thomas Earl of Lancaster in the Days of King Edward the Second none of the succeeding Earls of Pembroke ever saw his Father so as to be sensible of him nor any Father of them saw his Child or but an Infant But as for this Earl John whom we observe to have been taken Prisoner on the Eve of St. John Baptist which it seems is the Festival of St. Ethelred the Virgin many in those Days took occasion thence to censure that he was thus pursued by God's Judgments for the injury he had done to the Church of that Holy Virgin at Ely in a Cause depending betwixt the Church of St. Edmundsbury and that before his last Departure out of England And that the Money so lost did no more good forasmuch as it had been extorted from Religious Houses and the Clergy Thô surely u Walsing ibid. n. 26. Walsingham is too precise in fixing his Death also on the Day of the same Virgin Saint since it appears by Record to the contrary as we have shewn But x Walsing hist p. 182. Dugd. 1 Vol. p. 577. others attributed this ill Success to his having lead an Adulterous Life being a Married Man also because he had in Parliament attempted an Infringement of the Churches Liberties and persuaded the King to lay heavier Taxes upon the Clergy than on the Laiety for the support of his Wars Which practice of Pilling and Polling the Church however the Temporal Lords were pleased therewith yet what Success ensued thereupon saith y Walsingh hist p. 182. Walsingham not only England but the whole World doth know I dare not accuse the Earl of these Crimes because 't is evident how the Monks in those Days were apt to attribute every Mischance that a Man met with to the Hand of God stretch'd out for their sakes wherefore I leave the Discussion of this Matter to the judgment of the Reader However the Earl of Pembroke dying thus in the Flower of his Age having then seen but twenty seven Years His Body was brought over into England and buried first in the Choir of the Fryers-Preachers at Hereford but afterwards for the Summ of an 100 l. Translated to the Grey-Fryers near Newgate in London now called Christ-Church This Earl John z Pat. 51. Ed. 3 m. 29 per Inspeâ—imus Esc 49. Ed. 3. n. 10. Claus 49. Ed. 3. in Dorso in the Fourty Third Year of King Edward having obtained Licence for that purpose of the King made a Feoffment to Walter Amias and others of all his Castles Lordships Lands and Mannors in England and in Wales to certain Uses Which Feoffment being left seal'd up in the Hands of his Feoffees to be kept till his Return from beyond the Seas was now upon his Death deliver'd up to the Kings Council who thereupon opening it found that in case he died without Issue of his Body the Town and Castle of Pembroke should come to the King his Heirs and Successors and the Castle and Lordship of Bergavenny and other his Lands in England and Wales to his Cousin William Beauchamp his Mothers Sister's Son in Fee provided he would bear his Arms and endeavour to obtain the Title of Earl of Pembroke But in case he should decline so to do then his Kinsman William Clinton to have them on the same Conditions IX There died a Jacob Meyer Annal. Flandr l. 13. p. 193. c. this Year the Famous
having also brought into the Realm the shamefull Sin which is not to be named and moreover are spies may be taken Care of As to Broakers Aliens that is partly answer'd in the Bill of London On Declaration of the many Inconveniences which arise for that in every Town Strangers not being Free of the same are yet suffer'd to buy and sell there it is therefore required that Cities and Towns may have their Liberties renewed and confirmed for reasonable Fines and that they may enjoy them so as no stranger of any Town being not Free may occupy there Such as have good Charters or Liberties may shew them in the Chancery where they shall have Right That the Protections Cum clausâ Volumus whereby many Men are undone and namely one made to Giacomo a Lombard may be repealed and no such hereafter granted After Examination had by the Council they shall be Repealed if need be That Ribalds and sturdy Beggars may be banished out of every Town Touching Ribalds the Statute of Winchester and the Declaration of the same with other Statutes of Roberdsmen shall be executed And for such as make themselves Gentlemen and Men of Arms or Archers if they cannot so prove themselves let them be driven to their Occupation or Service or to the Place from whence they came The Counties of Lincoln Leicester Nottingham and Darby pray that the Staple may be held at Lincoln as it was at the first Ordinance and not at St Botolphs It shall continue at St. Botolphs at the King's Pleasure For that divers Men do live incontinently for saving their Clergy it is requisite that any Man may have his Clergy albeit he Marry two Wives or a Widdow The King will be advised That such Bayliffs in Fee being indicted before the Justices of the Forest for Vert or Venison and thereupon have their Offices seised and forfeited to the King being not called to answer may have a Writ out of the Chancery upon the Statute to be let to Mainprise until the Eire and to be restored to their Offices according as it hath been used Who is specially grieved may declare the same and shall find Remedy That all such Officers and others of the Kings Council who are convicted of Deceit and displaced be never restored again and that so much be Enacted If the Defaults declared to the King and Council deserve such Punishment Otherwise the King will do as to him shall seem best That Remedy may be had against such Aliens Religious as sue to the Court of Rome for their Pensions and Livings Who is especially grieved upon Declaration of the same to the Council shall have Remedy That all Justices of the Peace may be named by the Lords and Knights of every Shire in Parliament where they may be sworn and none to be renewed out of Parliament and that they may be allowed reasonable Fees. They shall be nominated by the King and his continual Council and as for the Fees the King will be advised They require that for Lands sold by any Religious Person or other Person of the Church the Statute of Westminster the Second may be kept and that Judgement Executory may be had against the Tenant of the Lands The King would have the Statute to be kept and touching Alienations made before this Parliament Writs shall be granted against the Tenants of the Land and for such Alienations to be made the King will be advised That Hundreds be not let to Farm or other Farm letten but kept in the Lords Hands The Statutes therefore provided shall stand That such as are indicted before the Coroner for Murder and flee upon the same by sinister means to them made should forfeit their Goods and that the same be enquired of only before the Justice of the Goal Delivery whether they so fled or withdrew themselves Who will especially Complain shall find Favour That Stanks Stakes and other annoyances made about Havens be removed and thrown down The Statute therefore made shall be kept That the Accompts as well for Sums of Money for u De hoc verbo vid. Cowell Skinner in Etymol Assarts or otherwise in the Exchequor may be discharged on the Averment that there are no means to levy the same The Grieved upon Declaration of their Grievance shall have Right That such Lords and others who have Lands upon the Sea-Coasts for the Defence of the same may be bound to dwell upon the same The King by Advice will appoint Order therein That no Sheriffs be made but from Year to Year and that such and their Deputies as have been otherwise may be in the same Case The Statutes therefore appointed shall be observed That none be appointed to be a Justice of Assize in his own Country unless some Foreign Justice be associate with him Who will complain shall have Right That the Charter made to the Men of Yarmouth that none should within the time of their Fishing buy any Herring within seven Miles of the same Town may be Repealed so as Men may openly buy and sell The King granteth thereto in respect of a new Grant above mention'd saving to the Town all other their Liberties with this Clause Licet That no Man be barred by any Warranty collateral but for so much of Lands as Descending unto him by such Auncestry The King will be advised until the next Parliament That the Justices of Assise shall keep their Sessions in Towns where Goals be and make their Deliverances before their Departure at least once by the Year And that to the same Justices may be made in One a Patent as well to take the Assise as to Deliver the Goal The Justices of Assise shall have their Patent in such Wise as hath been and shall as well take the Assise as make Delivery That all Sheriffs may be Yearly chosen on the Feast of St. Michael and so as their Gifts and Dinners to the Officers of the Exchequor may be done That the Justices deliver into the same Court their Extracts at the Octaves of St. Michael and that they be deliver'd to the Sheriff at the Quindenes of St. Martin or the Day after Hilary at th' utmost That Sheriffs and Escheators may be annually removed Sheriffs and Escheators shall be Yearly chosen at Michaelmas and have out their Commissions the Day after All-Souls That no Dinners or Gifts be given them in Receipt or Exchequor on such and such Penalties That Writs be sent into all the Counties of England to publish the Perambulations of the Forest heretofore made and to make Perambulations and to establish the Continuance of the same so as every Officer upon the Breach thereof do forfeit his Office and render double Damages to the Party grieved The King meaneth to make new Perambulations thrô England and willeth that the Charter of the Forest be observed That Remedy may be had against certain Lombards who have coloured certain Ships fraughted and wrecked Goods of the Kings Enemies and pursued by
his Sisters sake whom David the present King of Scotland had married as also because the old Queen and the Lord Mortimer had at the time of making that Peace at Northampton oblig'd the King in a Å¿ Knighton p. 2560. n. 20 30 40. c. Bond of 20000l to be forfeited to the Pope in case of any Hostility or Breach made on his part till the full terme of four Years should be accomplished But as for those English Adventurers who claim'd Lands in Scotland which were now forfeited for their Non-residence according to an Article of the foresaid Peace of Northampton after King Edward t Dugd. 2 Vol. p. 51. a. had in vain sent to the Earl of Murray then upon the Lord u Buchan l. 9. p. 282. An. 1331. Thomas Randulph's death Guardian of that Realm by reason of King David's Minority on their behalf he gave them his leave or rather a tacit Connivance for nothing was expresly said in their own Names upon their own Titles and at their own charges to make War in the company of the Lord Edward Bailiol against the present King of Scotland till they might have their Injuries redressed Of these we find the Lord Henry x Dugd. Bar. 2 Vol. p. 51. Vicount Beaumont Earl of Buquhain the y Id. ibid. p. 96. young Lord David Strabolgi Earl of Athol who had been a Ward to the said Lord Beaumont the Lord Gilbert z Id. 1 Vol. p. 507. Vmphravil Earl Angus Henry a Harding c. 178. fol. 178. b Lord Perey who claimed Galloway Thomas b Dudg ibid. p. 541. Lord Wake the Lord Fulk Fitz-Warine Ralph c Knighton p. 2560. Lord Stafford in the Title of William Lord Zouch d Dugd. 1 Vol. p. 267. Henry Lord Ferrers of Groby John e Id. ibid. p. 127 Lord Moubray and Sr. Alexander Moubray his Kinsman the Lord f Knighton p. 2560. Richard Talbot AN. DOM. 1331. An. Regni V. a famous young Warrier Sr. Roger Swinnerton and several other Lords and Knights who raised their Friends and Tenants and as many as desired to purchase Honour or prey in the Wars All who taking the sea at g Dugd. 2 Vol. p. 51. a. Ravenspurr in Yorkshire for the King would not allow them to pass thrô his Land they arrived at Kingcorn in Scotland not far from Dunfermlin The Scots had beforehand intelligence of this their Design and so were not unprovided of Forces to impeach their Landing They had sent forth no less than h Tinemouth fol. 229. Knigh. p. 2560. n. 40. Waisingh hist p. 113. n. 10. Stow p. 230. n. 50. M.S. praefat 10000 Men under the Command of Duncan Macduff Earl of Fife the Lord Robert Bruce Earl of Carrick King David's Bastard brother and Sr. Alexander Seton eldest Son to the Lord Alexander Seton of whom more hereafter The Lord Bailiol's Forces were very small as appears from the highest account of them some as i Buchan l. 9. p. 283. Buchanan confesses reckoning them but 600. which he rather thinks should be 6000. But another of more Honesty and therefore of more Authority says they were no more then k Knighton p. 2560. n. 66. idem Joh. Tinemouth fol. 229. M.S. ve Ang. in Bibl. C.C.C. c. 223. 2500 which small number being furnished with so many gallant Leaders must needs be pretty considerable since Discipline and Courage might very well make up their Defects as it is well known to those who either understand the Art Military or have read those many Instances of the like nature abounding in History Accordingly the Valiant Lord Bailiol thô he saw these more numerous Forces ready to impeach his Landing resolved not to loyter away the time in cruising and coasting about but forthwith to discharge his Vessels in that very place for he was not ignorant of the Worth of his Men and what high Hopes they entertain'd as those who fought with him for no less than a Kingdom Withall he discreetly consider'd how this however too great a Match as to his Numbers was the smallest Force he could expect to meet with in Scotland but that if here he prevail'd the reputation of the Victory would be of no small moment but easily procure Friends to his Quarrel and Terror to his Arms. This well-grounded Resolution was so well favour'd by Fortune that before his Men of Arms could touch the land the Scots being gall'd by the Archers a few Footmen also making upon them a brisk Impression at the same time gave back in Great confusion and were soon thereupon totally routed no less than 900 of them being slain together with an hopefull young Gentleman Sr. Alexander l Bachan l. 9. p. 283. Hector l. 15. f. 312 n. 40. c. Eldest son to the Lord Alexander Seton Upon this success the Bailiol marched directly toward the Abbey and Town of Dunfermlin wherein they found good store of Provision and other necessaries for Men of War And among other things m M.S. 〈…〉 500 Great staves of fine Oak with long Pikes of iron and steel which the Bailiol took and deliver'd to the strongest of all his Men. Soon after at a place called Gledesmore this small resolute Band of English not yet consisting of above three or four Thousand in all met with more than 40000 of the Scots to oppose them But for the present they were hindred from joyning by a Deep Water being the River of Erne that ran between both Armies For the Citizens of St. Johnston n M.S. prâ—â—f ibid. c. when they heard how the Earl of Fife was discomfited by the Bailiol were much terrified and brake down all their Bridges which they had made over the Water of Erne so that the English could not get over but stood all that day in Battle Array fronting the Enemies on the Banks of the said River But the Lord Bailiol could not dispose himself to rest the night following his Spies had brought him word of the negligence of the Enemies in their Camp and his Courage made him conceive high Hopes of success if he took his Opportunity wherefore having assembled all the Chiefs together he said Now Dear Lords ye know that we are surrounded with Enemies on all sides who if they may have an Advantage against us there is nothing to be expected but Death And I verily believe that by tarrying here the remainder of this Night we should only contribute to out own ruine For the Power of Scotland may every day wax and encrease but it will not be so with us unless we gain Reputation by our Courage althô we are but a small People in respect of them Wherefore I pray you for Godsake let us be hardy and couragious and resolve with all our might to fall upon the Scots this night and prove our selves the Aggressors whereby we shall daunt their minds especially now they are weary with their long March and all