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Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command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
of his Baronage in Parlement until his Debts were paid and his Estate advanced they should be null and the Procurer punished in Parlement by award of the Baronage 8. For that it had been at other times Ordained That the Customs Issues and Profits of the Crown should be received by the People of the Realm and not by Strangers and paid into the Exchequer for the Maintenance of the King's Houshold c. and it had not been done as Ordained therefore it was Ordained again it should be so 9. And for that the King ought not to undertake to make War against any one or go out of the Realm without the common Assent of his Baronage for many Dangers that might happen to him and his Realm it was Ordained That afterwards the King should not go out of his Kingdom or make War against any without the common Assent of his Baronage and if he should do otherwise and cause his Service to be summoned the Summons should be null and void And if it should happen the King should make War against any or go out of the Kingdom by Assent of his said Baronage and that it should be necessary to appoint a Guardian of the Realm he ought to be appointed by common Assent of his Baronage in Parlement 10. That there be no Prises or Takings for the King but such as are due of ancient Right that none under colour of Purveyance take to the use of the King or other any Corn Goods or Merchandise of any one against his Will or with his Will according to * Cap. 19. Magna Charta without paying the true Value for it under pain of being pursued by Hue-and-cry and if taken committed to the next Gaol and undergoing the Common Law as a Thief and Robber 11. That no new Customs or Maletolts levied sinee the Coronation of Edward I. or Inhancement of the old be taken of Merchants notwithstanding the Charter made by him to the Merchant Strangers against the Great Charter the Franchises of the City of London and without the Assent of the Baronage c. 12. To the Honour of God and of Holy Church it was Ordained against such as should maliciously procure Prohibitions and Aâ—eachments against the Ordinaries of Holy Church in case of Correction of Sin and other things purely Spiritual which belonged not to the Lay Court That the Justices should award Damages to the Ordinaries and if the Plaintiffs had not wherewith to pay them they should be committed to Prison so long as the Grievance miliciously procured should require saving the Estate of the Kingand Crown and other Right 13. That because the King had been Guided and Counselled by Evil Counsellors therefore it was Ordained all Evil Counsellors should be removed from the King that neither they nor any such should be near him or hold any Office under him and that other fit Persons should be put in their Places and in like manner it should be done to his Menial Servants and the Officers of his Houshold 14. For that many Evils happened by such Cousellors and Ministers it was Ordained That the King should make the Chancellor Chief Justice of one Bench and the other Treasurer Chancellor and Chief Baron of the Exchequer Steward of his Houshold Guardian of the Wardrobe Comptroler and a sit Clerk to keep the Privy Seal the Justices of the Forest on this side and beyond Trent the Escheators on this side and beyond Trent and the Chief Clerk of the Common Bench â—y 〈…〉 be Advice of vs Baronage in Parliament and if it should happen and be necessary to chuse any such Officers when there was no Parliament then the King should do it by the Advice he had about him until there should be a Parlement And so it should be for the future concerning such Ministers when need required 15. That all Governours of Ports and Castles upon the Sea be placed and made according to the Form abovesaid 16. And for that the Nations of Gascoigne Ireland and Scotland were in danger to be lost for want of Good Ministers it was ordained That Good and Sufficient Officers should be placed there according to the Form of the 2d Article next above that is the 14th 17. That Sheriffs be from thenceforth made by the Chancellor and Treasurer and such of the Council as shall be present and if the Chancellor be not present then by the Treasurer Barons of the Exchequer and Justices of the King's Bench that such should be chosen only as had Lands to answer the King and People for their Doings and no others to have Commissions under the Great Seal 18. That the Guardians and Officers of Forests receive just Trials for their Grieving the People Oppressions and Misdemeanours and be removed from their Offices notwithstanding they have Grants for their Lives 19. Directs the manner of Trial of Trespasses of Vert and Venison c. in the Forests according to the Charter of the Forest and Declaration of King Edward I. which is there recited 20. For that by the Examination of Prelates Earls Barons Knights and other Good People of the Realm it was found that Peirs de Gaveston had evilly Counselled the King and had inticed him to do ill in divers manners That he cheated the King of his Treasure and sent it beyond Sea That he accroached to himself Royal Power and Dignity in making Alliances with People upon Oath to live and die with him against all Men That he put from the King Good Officers and placed about him those of his Covin and Party as well Strangers as others That he estranged the King's Heart from his Liege People so as he despised their Counsels That he caused the King to grant Lands Tenements and Offices to himself and his Heirs and divers other People to the great Damage and Injury of the King and his Crown That he caused Blank Charters to be sealed with the Great Seal in deceit and disinheritance of the King and Crown That he maintained Robbers and Murderers causing the King to pardon them That King Edward the Father of the present King ordered him to forswear the Realm of England and directed that his Son the present King should for ever forswear his Company and for several other Reasons as the Nourishing of Concord between the King and his People and the Eschewing of many Perils and Discords it was Ordained the said Peirs should for ever be exiled out of England Scotland Wales and Ireland and all the King's Dominions either on this side or beyond the Sea between that time and the Feast of All-Saints next following having Dover assigned him for his Port to pass from and no other and if he should be found in England or any other part of the King's Dominions beyond that Day then he should be treated as an Enemy to the King Kingdom and People 21. That * This Emeric and those of his Company were a Society of Merchants by the name of the Society of
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
D. 1398. 22 Ric. II. Commissioners of England and Scotland to take care of the Articles of the late Truce for both Nations met For Scotland Sir William Bortwic Sir John of Remorgny Knights and Adam Forster Esquire For England John Bussy and Henry Green Knights William Feriby Clerc and Laurence Drew Esquire Their Business was to take care of the Release and Exchange of Prisoners that had been taken on both sides since the Truce of Leulingham in the Year 1389. and to regulate the Practices of the Borders on both sides and secure them from Rapin Thefts Robberies Burnings and taking and carrying away Prisoners into either Country during the time of the late Twenty Eight Years Truce between England and France which was effectually done in Eleven Articles The Instrument it self under the Seals of Scots Commissioners in true Scottish Language being with the Under-Chamberlains in the Exchequer in a little Box tituled Scotia About 2 Hypodig Neustr f. 553. lin 5. The Death of the Duke of Lancaster Candlemas next following John Duke of Lancaster died and the King with the Committee that had the Authority of Parlement met at Westminster on Tuesday the 8th Day of March when it was declared That Henry Duke of Hereford 3 Rot. Parl. n. 87 88. after the Judgment given against him at Coventry had procured Letters Patents from the King that during his absence by his Attorneys he might Sue and have Livery of any Lands descended to him and his Homage respited Which Letters Patents were declared to be against Law Whereupon the King by Advice of the Committee and Assent of Parlement Revoked those Letters Patents as also the like Letters Patents made to the Duke of Norfolk On 4 Placâ—â— Coron 21 Ric. II. n. Judgment against Sir R. Plesington the same Day Robert Plesington Knight though dead before was adjudged Traitor for being in the Action with the Duke of Glocester Earls of Arundel and Warwic at Haringey and all his Castles Mannors Lands Tenements Goods and Chattels to be forfeit After which many Bishops and Lords Temporal Sware as follows Which 5 Append. n. 113. The Oath of the Bishops Lords and Knights Judgments Ordinances and Establishments so Made Ordained and Agreed on the said Tuesday the 18th of March and all the Statutes Establishments Ordinances and Judgments Made and Rendred in the said Parlement or at Coventry or otherwhere by Virtue and Authority of the same Parlement firmly to hold and keep as well the Lords Spiritual as Temporal and certain Knights for Counties by Authority of Parlement there being the same Tuesday were Sworn in the Presence of the King upon the Cross of Canterbury de les tenir sustenir de esteer ove ycelles to hold uphold and stand with them without Fraud or Deceit according to the Form and Effect of the Oaths by them made before as contained in the Parlement-Roll The Names of the Bishops Lords and Knights do here follow The Arch-Bishop of Canterbury The Arch-Bishop of York The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Norwich The Bishop of Excester Chancellor The Bishop of Rochester The Bishop of Hereford The Bishop of Salisbury The Bishop of Lincoln The Bishop of St. Asaph The Bishop of St. Davids The Bishop of Chester The Bishop of Chichester The Bishop of Landaff The Abbat of Westminster The Abbat of St. Edmondsbury The Duke of York The Duke of Albemarle The Duke of Excester The Marquess of Dorset The Earl of Stafford The Earl of Salisbury The Earl of Northumberland The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wiltshire Treasurer The Earl of Suffolk The Lord Grey of Ruthin The Lord Ferrers of Groby The Lord Lovell The Lord Camoys Sir John Bussy Sir Henry Green Sir John Russell Robert Teye After this the Chancellor by the King's Command required openly all those that had been Sworn and would observe the Judgments Oath and Ordinances should hold up their Right Hands which was done by all the People in the King's Presence On the 23d of April 6 Placit Coron ut supra n. The Judgment of H. Bowet following the King and Committee that had the Authority of Parlement were at Windsor where Henry Bowet Clerc was brought before them where it was shewn the King That the Duke of Hereford since the Judgment given against him at Coventry had by Petition amongst other things obtained from the King Letters Patents That if any Lands of Inheritance descended or fell to him in his absence for which he ought to do Homage he might by his Attorneys Sue for and have Livery of them and his Homage and Fealty respited Which Letters Patents being granted by Inadvertency without due Advice or mature Deliberation as they ought to have been and being then viewed and diligently examined it was found that they were clearly against the said Judgment because the Duke of Hereford after that Judgment was not a Person capable to have or receive Benefit by the Leters Patents and for that they had been adjudged void as appeared by the Parlement-Roll And therefore because Henry Bowet Clerc had been the Chief Contriver and Manager of the said Petition the King by the Assent of the Committee who had the Authority of Parlement adjudged him Traitor and to be Drawn Hanged Headed and Quartered and all his Lands and Tenements as well in England as Gascony and all his Goods and Chattels to be forfeited But because he was the King's Chaplain he pardoned the Execution of the Judgment and granted him his Life with this That he should be Banished England for ever While these things 7 Hypodygâ—â— Neustr f. 552. n. 50. were doing here there came News from Ireland That Lieutenant Roger Earl of March was there slain by the Irish To Revenge whose Death and subdue the Irish the King levied a considerable Force and went into Ireland with The King goes into Ireland several Bishops and many of the Nobility Toward which Expedition he Raised Money by undue Ways and taking up Carriages Victuals and other Necessaries without paying for them by which and many other Imprudent Rash and Vnadvised Practices he had made himself and Government uneasie to the People The Duke taking advantage of King Richard's absence thinks of coming for England 8 Walsingh Hist fol. 358. n. 10 20 30. The Duke of Hereford lands in England to demand his Inheritance with Thomas Arundel Arch-Bishop of Canterbury and the Son and Heir of the Earl of Arundel and a small Company he took Ship in France and hovering a while about the English Coast to spie whether there were any ready to resist them at length landed at Ravenspur in Yorkeshire where there came into him Henry Percy Earl of Northumberland and Henry his Son Ralph Earl of Westmerland and other Lords so as in a short time he had an Army of 60000 Men They marched speedily to Bristol
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
this myn oth but as the words stonde And if it be so that I come agayn or do agayn this oth or any party thereof I yhelde me here cowpable as an Heretyk and to forfeit all my goods to the Kings will without any other process of Law and thereto I require the Notary to make of all this which is my will an instrument agayns me Et ex habundanti idem VVillielmus Dynett eodem die voluit recognovit quod omnia bona catalla sua mobilia nobis sunt forisfacta in casu quo ipse juramentum predictum seu aliqua in eodem juramento contenta de caetero contravenerat ullo modo And moreover the same VVilliam Dynett the same day granted and acknowledged that all his Goods and Chattels were forfeit to us in case he any ways contraven'd the said Oath or did any thing against what was contemned in it Taxes in this KING's Reign THE Lords and Commons perceiving the great danger of Rot. Parl. 1 Rich II. n. 27. Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies they granted to the King Two Fifteenth without Cities and Burghs and Two Tenths within Cities and Burghs for Two years Praying the King that as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King's appointment which were William Walworth and John Philypott Merchants of London who were to give an Account of their Receipts and Disbursements in manner as the King and his great Council should order In this Parlement the Commons for the arduity of their Charge Ib. n. 11 12. and feebleness of their Powers and Knowledge prayed the King to have John King of Castile and Leon Duke of Lancaster and Four Bishops Four Earls and Four Barons there named by them for their Ayd and to confer with them about the hasty and good exploit or dispatch of the things wherewith they were charged In the Second of Richard the Second in Quindena paschae part Rot. Parl. 2 Ric II. n. 13. in quindena Paschae 2. n. 13. upon Condition the Marc a Sack added upon Wooll and Sixpence the Pound upon Merchandise given in the last Parlement at Glocester might be remitted the Lords and Commons granted the Subsidy of Wooll as it was before that Parlement for One year from Michaelmas next coming and likewise a Sum upon divers Persons of the Kingdom for which see the Appendix n. 102. The Prelates Lords and Commons perceiving the great Perils Rot. Parl. 2 Ric. II. Die Mercurii prox post Festum Sancti Lucae p. 2. n. 29. with which the Land was environ'd and the great and outrageous Expences the King was to be at for the salvation and defence thereof granted to him the Subsidy of Wooll Leather and Woollfells for Three years of Wooll 43 s. 4 d. the Sack of Woollfells as much for every Two hundred and forty accounting Sixscore to the Hundred and for Leather 4 l. 6 s. 6 d. every Last which were exported by Denizens and Strangers and as an additional Grant they gave more 13 s. 4 d. for every Sack of Wooll as much for every Two hundred and forty Woollfells and for every Last of Leather 26 s. 8 d. Also they gave Sixpence in the Pound for every Pound value Ibm. n. 30. of Merchandise as well of Denizens as Strangers imported or exported for One year The Lords and Commons upon the same Reasons and Suggestions Rot. Parl. 3 Ric. II. n. 16. Die lunae prox post festum sancti Hillar Ibm. n. 17. as in the last Parlement granted the King One Fifteenth and half without Cities and Burghs and One Tenth and half within And seeing the King could not Maintain the Charge of the War without them they granted the Subsidy of Wooll Woollfells and Leather for One year after the Term the last granted should expire The Lords and Commons gave Three Groats of every Lay Person Rot. Parl. 4 Ric II. Die Lunae prox post Festum omnium Sanctorum of the Nation Males and Females except very Beggars and so as the richer or more sufficient in every Town should help the poorer so as no one paid above Forty Groats In the Fifth year the Parlement began on the Morrow of All-Souls Rot. Parl. â— Ric. II. n. 4â— and 67. or 3d of November in which the Lords and Commons granted the Subsidy of Wooll Woollfells and Leather as it was last granted until Candlemas next On the 25th of February it being then expired they grant the same Subsidy as it was last received to Midsummer next following and from that time for Four years In the Sixth of Richard the Second in the First Parlement that Rot. Parl. 6 Ric. II. n. 15. year the Lords and Commons perceiving the danger the Nation was in granted a Fifteenth and a Tenth In the Seventh of Richard the Second in the First Parlement Ib. 7 Ric. II. n. 13. that year the Commons with the assent of the Lords gave Two half Fifteenths In the Second Parlement this year holden at Salisbury the Lords Ib. 7 Ric. II. n. 10. and Commons considering the great Charge the King had been and was to be at for Maintaining his Estate his many Wars and Defence of the Kingdom granted Half a Fifteenth and Half a Tenth In the Eighth of Richard the Second the Lords and Commons Ibm. n. 10. grant Two Fifteenths upon Conditions there mentioned In the Ninth of Richard the Second the Lords Great Men Ibm. n. 10. and Communities of Counties Cities and Burghs granted to the King for the Voyage of the Duke of Lancaster into Spain keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and Half a Tenth and Fifteenth And then the Prelates and Noblemen and Great Men Proceres Ibm. n. 11. Magnates and the Communities aforesaid granted to the King the Subsidy of Wooll Woollfells above the ancient Custom of 6 s. 8 d. a Sack 42 s. 4 d. of Denizens and 46 s. 8 d. of Strangers and of Leather and Pelts or Woollfells pellibus lanutis in like manner according to the Rate In the Tenth of Richard the Second the Lords and Commons Ibm. n. 18. grant to the King Half a Tenth and Half a Fifteenth also Three Shillings per Tun upon Wine and Twelvepence in the Pound upon other Merchandise coming in and going out upon Condition the the Commission made to Fourteen continual Counsellors might no ways be repealed and that they might execute the Power granted by that Commission without disturbance In the Eleventh of Richard the Second the Parlement began Ibm. n. 11. on the Morrow of the Purification or 3d of February the Lords and Commons then granted Half a Tenth and Half a