August in the A. D. 1319. 12th of King Edward After this Indenture in the same Record we have an Account what was done in the succeeding Parlement concerning the Contents of it And now at the 2 Ibm. beginning of this Parlement 3 Rot. Claus 12 Edw. II. M. 28. in scedula The Request of the Prelates Earls and Barons made to the King in Parlement summoned on the 25th of August to meet at York three weeks after Michaelmas this Indenture was read in the presence of all assembled in the Parlement and all things in it diligently considered the Prelates Earls and Barons agreed to Pray and Request the King for the Honour of himself and the Profit of him and the Realm That for the great Business that concern him and do happen from day to day he would please to assent That Two Bishops One Earl One Baron and One Baron or Baneret of the Family of the Earl of Lancaster in his Name and for him should be present and remain with him by Quarters of the year to Deliberate The Parlement is for Proceeding according to the Indenture with and Advise him in due manner and that they might Deliberate and Advise about all considerable Matters out of Parlement until a Parlement should otherwise Determine concerning them and so as nothing of these things should be Debated without the Counsel and Assent of the Prelates Earls and others which remained with the King according to the Form of the said Indenture and if any thing was done otherwise it should be void according to the same Indenture The King understanding this Request and desiring to be Advised by all ways which may or ought to make for the Honour The King alloweth it and Profit of him and his Realm and considering that when he received the Government he found Scotland in War against him and since that there hath been War in Ireland and many other Disturbances have happened in his Dominions for which he thought it necessary to have with him the greatest and most sufficient Advice he did agree and willed to have Prelates Earls and Barons to advise him in the Form aforesaid and so as his Ministers should always perform their Offices according to the Law and Usage of the Kingdom And whereas it was contained in the Indenture That the Prelates Earls and Barons there named had undertaken by the Assent of the King That he should make to the Earl of Lancaster his People or Party and Followers Releases and Acquittances of all manner of Felonies and Trespasses against his Peace until the day of St. James this year and that the Charters of Release and Acquittances should be absolute without Condition and if better Security could be found for them in the next Parlement they should have it and also confirmed by the King and his Baronage The King by Assent of the Prelates Earls Barons and Comonalty He Pardons the Earl of Lancaster c. of his Realm in his said Parlement granted Pardon to the Earl of Lancaster and his Followers of the Suit of his Peace and whatever belonged to him by reason thereof of all manner of Felonies and Trespasses committed against the Peace unto the 7th day of August last past and Pardon of Outlawry to those that should demand it if any had been pronounced against them before the making of their Charters And Commanded the Bishop of Ely then his Chancellor That he should make Charters under his great Seal absolute and without Condition for for the Earl of Lancaster and such as he should by his Letters Name to the Chancellor Also whereas in the same Indenture it was contained That the And granted the Ordinances should be kept Ordinances should be Holden and Kept as they had passed the Great Seal the King Willed and Granted that they should be so kept and that all these things should be written upon the Parlement Roll and sent to the Chancery to be inrolled there and from thence to both Benches to be inrolled there By the 4 Claus 15 Edw. II. M. 14. Dors in cedula Hugh Despenser the Son the King's Chamberlain Award against the Despensers it appears that Hugh the Son was named and agreed to be the King's Chamberlain in this Parlement De la Moor says in the same year i. e. 12th of Edw. II. he was made Chamberlain by the Consent of the Prelates and others because they knew the King hated him yet he by Prudence and Obsequiousness soon changed his mind and obtained his Affection when they prosecuted him with the greatest Hatred 5 F. 594. lin 5. Anno igitur sequenti Praelatorum consensu aliorum quorundam Hugo Despenser filius constitutus est Regis Camerarius quem eo libentius in hunc locum promoverunt quia eum Regi Exosum The Character of the Spenser's Father and Son Cognoverunt At vero is prudentia obsequio haud multo post dirempto Regis animo eum in sui amorem facile Commutavit unde illi odio eum vel maximo prosecuti sunt Then 6 Ibm. and n. 10. speaking of his Father he Reports him to be a Person of great Integrity Wise in Counsel Stout in Arms whose Confusion and Ignominious End was caused by his Inordinate Love towards his Son a Person of a Brave Presence Proud Spirit and Wicked Life causing by his Ambition and Covetousness Widows and Orphans to be Disinherited and Noblemen to be put to Death by which he hastened his own and his Father's Destruction These are the short Characters given of both the Dispensers by this Historian and a brief Account how the Son came to be Chamberlain In the year following I have not read or seen any thing worth noting In the 14th of this King William de Braiosa a Baron in the Walsingh Hist f. 113. n. 20. The reason of the Discontent of some Barons Marches of Wales and a Spend-thrift who propounded to sell part of his Estate called Gowerland that descended to him by Inheritance to several Lords The Earl of 7 Ibm. Hereford because it was nigh his Lands agreed with him for it The Two Roger 8 Ib. n. 30. Mortimers because it lay near their Lands thought it convenient for them and knowing nothing of his former Bargain agreed with him also for the Land The Lord John 9 Ibm. Mowbray who had Married his only Daughter and Heir thought himself sure of it by Inheritance 1 Ib. n. 40. This Land held of the King in Capite and could not be sold without the King's License and lying on every side next the Lands of Hugh Despenser the Son then his Chamberlain he obtained Leave of the King to Purchase it and then bought it of the Owner 2 Ib. n. 40 50. A Confederacy between the Earl of Lancaster and a great number of Barons against the Despensers See the Revocation and Adnullation of the Process and Award against the Two Spencers
hereafter declared The City Castle and Earldom of Poictiers with the whole Land and Country of Poictou together with the Fief of Thouars and Land of Belleville the City and Castle of Xaintes and the whole Land of Xaintonge on this side and beyond the River of Charente the City and Castle of Agen and the Land and Country of Agenois the City and Castle and whole Earldom of Perigort and the Land and Country of Perigeux the City Castle and whole Earldom of Limoges the Land and Country of Limozin the City and Castle of Cahors and the Land and Country of Cahorsin the City and Castle and Country of Tarbe and the Land and Earldom of Bigorre the Earldom Land and Country of Gaure the City and Castle of Angolesm and the Earldom Land and Country of Angolesmois the City and Castle of Rodes the Land and Country of Rovergne And if there be any Lords as the Earl of Foix the Earl of Armagnac the Earl of Lisle the Earl of Perigort and Viscount of Limoges or others which hold any Lands within the Bounds of these Places they shall do Homage to the King of England and all other Services and Devoirs due by reason of their Lands in the same manner they did in times past The First Article was corrected and in instead of the Words Those in Soveraignty in Soveraignty were inserted these Those in Fee in Fee 2. Also the King of England shall have all that any of the Kings of England anciently held in the Town of Monstruel upon the Sea with their Appurtenances 3. Also the King of England shall have all the County or Earldom of Ponthieu entirely save and except That if any thing of the said County or Appurtenances have been alienated by the Kings of England for the time being and to other Persons than the Kings of France the King of France shall not be obliged to render them to the King of England And if the said Alienations have been made to the Kings of France for the time being without mean and he doth possess them at present they are entirely to be released to the King of England except the Kings of France had them by Exchange for other Lands of the Kings of England then both were to release But if the Kings of England for the time being had alienated any thing to other Persons than to the King of France and afterwards they came into his hands he shall not be obliged to render them Also if the things abovesaid owe Homage the King of France shall convey them to others who shall do it for the King of England And if they do not owe Homage the King of France shall appoint a Trustee or Tenant to perform the Devoir within one Year after he shall part from Calais 4. Also the King of England shall have the Castle and Town of Calais the Castle Town and Seigneurie of Merk the Towns Castles and Lordships of Sangate Colongue Hames Wale and Oye with Lands Woods Marshes Rivers Rents Lordships or Seigneuries Advowsons of Churches and all other Appurtenances lying between the Meeses and Bounds following That is to say from Calais by the Course of the River that goes before Graveling and also by the Course of the same River round about Langle and by the River which goes beyond the Poil and by the same River that falls into the great Lake of Guisnes and so to Fretun and from thence by the Valley about the Hill Calculy inclosing that Hill and so to the Sea with Sangate and all the Appurtenances 5. Also the King of England shall have the Castle Town and County or Earldom of Guisnes with all the Lands Towns Castles Forteresses Places Men Homages Lordships Woods Forests and the Rights of them as intirely as the Earl of Guisnes lately dead had them at the time of his death and the Churches and good People being within the Limits of the County of Guisnes of Calais and Merk and other Places abovesaid shall obey the King of England as they obeyed the King of France or Earl of Guisnes for the time being All which things of Merk and Calais contained in this and the precedent Article the King of England shall hold in Demain except the Heritages of the Churches which shall remain to them intirely where-ever they be and also except the Heritages of other People of the Country of Merk and Calais lying out of the Town of Calais to the value of an Hundred Livres of yearly Rent or under of Current Money of the Country which shall remain to them But the Habitations and Heritages being in the Town of Calais with their Appurtenances shall be to the King of England in Demain to dispose of them at his pleasure and also the Inhabitants in the County Town and Lands of Guisnes shall enjoy all their Demains intirely and shall wholly be returned to them saving what hath been said concerning the Borders Meets and Bounds in the precedent Article 6. Also 't is agreed the King of England and his Heirs shall have and hold all the Isles adjacent to the Lands Countreys and Places before named together with all other Isles which he holds at present 7. Also 't is agreed the King of France and his Eldest Son the Regent for them their Heirs and Successors as soon as they can without deceit and at furthest by the Feast of St. Michael in one year after the same Feast next coming shall render tranfer and deliver to the King of England his Heirs and Successors all Honours Obediences Homages Ligeances Vassals Fees Services Recognisances Mere and Mixt Empire and all manner of Jurisdiction high and low Resorts Safeguard Collations and Patronages of Churches and all manner of Seigneuries and Soverainties and all the Right they have or can have appertains or can appertain to them by what Cause Title or Colour of Right soever or to the Kings and Crown of France by reason of the Cities Counties Towns Castles Lands Countreys Isles and Places before named and all their Appurtenances and Dependances and every one of them where-ever they are without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France And also That the King and his Eldest Son should send their Letters Patents to all the Arch-Bishops Bishops and all other Prelates of Holy Church and to the Earls Viscounts Barons Noblemen Citizens and others of the Cities Lands Countreys Isles and Places before-named that they should obey the King of England and his Heirs and their certain Command in the same manner they had obeyed the Kings and Crown of France and by the same Letters they should quit and absolve them after the best manner they could from all Faiths Homages Oaths Obligations Subjections and Promises made by any of them to the Kings and Crown of France in what manner soever This Article was corrected The Word Resorts being left out in the Correct Copy and these Words or Sentence and all manner of
Seigneuries and Soverainties and these Words or Sentence without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France also the last Words in what manner soever 8. Also it is agreed That the King of England shall have the Cities Counties Castles Lands Countries Isles and Places before named with all their Appurtenances and Dependences where-ever they are to hold to him his Heirs and Successors heritably and perpetually in Demain as the Kings of France held them and in the same manner saving what hath been said above in the Article of Calais and Merk and also the Cities Castles Counties Lands Countreys Isles and Places before named Rights Mere and Mixt Empire Jurisdiction and Profits whatever which any Kings of England held there with their Appurtenances and Dependences any Alienations Donations Obligations or Incumbrances had or done by any of the Kings of France in Seventy years from that time by whatsoever Cause or Form it was all such Alienations Donations Obligations or Incumbrances are now and shall be wholly annulled repealed and made void And all things so given alienated or incumbred shall be really rendred and delivered to the King of England intirely and in the same Condition they were Seventy years since or to his special Deputies as soon as they may without fraud and at furthest before Michaelmass next come twelve-months to hold them heritably and perpetually and to his Heirs and Successors except what is said in the Article of Ponthieu which is to remain in its force and saving all things given and alienated to Churches which shall peaceably remain to them in all Countries before and after named so as the Parsons of the Churches pray diligently for the Kings as for their Founders wherewith their Consciences shall be charged 9. Also it is agreed the King of England shall have and hold all the Cities Counties Castles and Countreys above-named which anciently the Kings of England had not in the same Estate as the King of France and his Sons hold them at present 10. Also it is agreed That if within the Limits of the Countreys the Kings of England anciently possessed they should now have any thing that was not then theirs of which the King of France was in possession on the 19th of September 1356 they shall be and remain to the King of England and his Heirs as above-said 11. Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they could without deceit and at furthest before Michaelmass 1361 should render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right Mere and Mixt Empire all manner of Jurisdictions high and low Resorts Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King or Crown of France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appurtenances and Appendances whatsoever or in Persons Vassals Subjects or whosoever of them be they Princes Dukes Earls Vicounts Arch-Bishops Bishops and other Prelates of the Church Barons Noblemen and others whosoever without reserving or retaining any thing to them their Heirs and Successors or to the Crown of France or others whatever it be whereby they their Heirs and Successors or any Kings of France or other Person under pretence of the King and Crown of France may challenge and demand any thing in time to come from the King of England his Heirs and Successors or upon any of the Vassals and Subjects aforesaid by reason of those Countreys and Places Also all the before named Persons their Heirs and Successors shall for ever be the Liegemen and Subjects of the King of England his Heirs and Successors and that he and they shall hold all the Persons Cities Counties Lands Countreys Isles Castles and Places afore named and all their Appurtenances and Appendances and they shall be and remain to them fully perpetually freely in their Seigneury Soverainty Obedience Ligeance and Subjection as the Kings of France had and held them in any time past and that the said King of England his Heirs and Successors shall have and hold perpetually all the Countreys before named with their Appertenences and Appendences and other things before named with all perpetual Franchises and Liberties as Soveraign and Liege Lord as Neighbour to the King and Realm of France without acknowledging any Soveraign or performance of any Obedience Homage Resort Subjection and without doing in any time to come any Service or making Recognisance to the King or Crown of France for the Cities Counties Castles Lands Countreys Isles Places and Persons before named or for any of them This Article was Corrected and at least Two Parts of Three left out of the Corrected Letter as then called or Copy the whole Article there being no more then what follows Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they can without fraud and at furthest before Michaelmass 1361 shall render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right mere and mixt Empire all manner of Jurisdictions high and low Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King and Crown of France ou a aucun autre person a cause du Roy de la Coronne de France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appertenences and Appendences whatsoever or in Persons Vassals Subjects or whosoever of them 12. Also it is agreed That the King of France and his Eldest Son shall renounce expressly all Resorts and Soveraignties and all the Right they have or can have in all those things which by this Treaty ought to belong to the King of England And in like manner he and his Eldest Son shall renounce expressly all those things which by this Treaty ought not to belong or be delivered to him and all demands he makes of the King of France and especially to the Name and to the Right of the Crown of the Kingdom of France and to the Homages Soveraignty and Demain of the Dutchy of Normandy the Dutchy of Tourain the Counties of Anjou and Main the Soveraignty and Homage of the Dukedom of Bretagne and the Homages and Soveraignties of the Country and County of Flanders and all other Demands he can or shall make of the King of France for
proceed in this Match the Popes 2 Pat. 17. Ed. I. M. 3. Cedula intus de facto Norwegiae Dispensation was procured they being Cousin Germans to legitimate the Marriage This obtained King Edward writes to Eric King of Norwey 3 Ib. M. 4. Cedula about this Affair assuring him That the Guardians the Great Men Prelates and the whole Community of the Kingdom of Scotland had unanimously consented to it And the King of Norwey 4 Ib. M. 3. 4. A Treaty about that Match wrote to King Edward and sent Commissioners there named to Transact with him That by his Advice and Assistance his Niece might be obeyed as Queen and Heir of Scotland and that she might Govern as Kings do in other Kingdoms Vt ipse apponeret auxilium consilium qualiter praedictae Reginae nepti suae obediretur ut Domina Regina haeres Regni Scotiae quod ipsa inde Ordinare possit pariter Gaudere prout aliis faciunt Reges Regnis 5 Ibm. King Edward wrote also to the Guardians of Scotland to send Commissioners to Treat with those of Norwey about the Emendation Peace and Quiet of that Kingdom and ordering the State of the Queen reformatione Status Reginae who sent them accordingly with whom he joined Commissioners of his own All these Commissioners named in this Instrument met at Salisbury on the 26th of October where and when it was agreed First That the Queen and Heir 6 Ibm. The Articles of that Treaty Regina Haeres should come into England or Scotland before the Feast of All-Saints next coming if she had no reasonable Excuse free from any Contract of Marriage or Espousals for which the Commissioners of Norwey did undertake Secondly That if she came so into England King Edward promised That when Scotland was so secured in Peace and Quiet as she might safely go thither and stay there if the Scots required he would send her thither free from all Contracts of Marriage and Espousals so as the Scots before they should receive her gave good Security to him and the King of Norwey they would not Marry her without their Consents Thirdly The Scots Commissioners likewise promised for themselves and the Nation they would secure it before she came thither 7 Ibm. Quod inibi ut in suum Regnum venire poterit pro suae voluntatis libito Commorari prout ipsius Terrae vera Domina Regina Heares Quodque de premissis omnes securitates praestabunt quae rationabiles fuerint quas dicti Duntii Norwegiae ipsos facere posse dicunt That she might come and remain there at her pleasure as true Lady Queen and Heir and that concerning the Premisses they would give all Rational Security that the Commissioners of Norwey should say they might give Fourthly If any of the Guardians or Officers of Scotland were suspected they should be Removed 8 Ibm. and new ones put in their Places by the Commissioners of Norwey and Scotland and such as the King of England should appoint for that purpose and if the Scots and Norwegians could not agree in this Matter then the English Commissioners were to determine what was to be done and not only in this but in all Matters whatsoever that should happen in settling the State and Reformation of Scotland For the performance of all this it was 9 Ibm. agreed there should be a great Meeting of the English and Scots at and near Rokesburgh at Midlent next following where the Scots were to give Security for the Performance of these things and for the Emendation of Scotland before such as the King of England sent thither 1 Ibm. To this Agreement in Three Parts Two in French for the English and Scots and a Third in Latin for the Commissioners of Norwey The Respective Commissioners set to their Seals and it was Dated at Salisbury on Sunday the Feast of St. Leonard i. e. November 6. 1289. By his Letters 2 Append. n. 9. King Edward writes to the Nobility of Scotland to assist the Guardians dated the same day at Clarendon directed to the Prelates Great Men and the whole Community of Scotland King Edward Requires them to obey and be assisting to the Guardians who were appointed in the Name of his Kinswoman Queen Margaret to Govern that Kingdom This securing Scotland to the Right Heir and making it in so quiet a Condition as it might receive her with safety and providing her an Husband was the ordering of the State of the The meaning of Buchanan's King-Creation Kingdom and King-Creation as Buchanan artificially insinuates in his Republican Expressions For further facilitating of this intended Marriage and that it might proceed with the Assent and Approbation of the Guardians Bishops Abbats Earls Barons and whole Community of Scotland King Edward 3 Pat. 18 Ed. I. M. 8 9. A. D. 1290. confirmed to them certain Articles agreed on by special Commissioners on both Parts The English Commissioners on behalf of the King and his Heirs Granted First That they should Have Vse and Enjoy their Laws Liberties Concessions of King Edward for promoting the Match between his Son and the Heiress of Scotland and Customs they had before Enjoyed Secondly That if Edward and Margaret should die without Heirs the Crown should Revert to the next Heir of the Kingdom Thirdly That the Kingdom of Scotland might remain separated divided and free in it self from the Kingdom of England without subjection by its true Bounds and Limits as it had been before time This was Granted with a saving of the King 's Right before this Treaty Fourthly That the Chapters of Cathedral Collegiate or Conventual Churches might not be compelled to go out of the Kingdom to ask Leave to Elect or Present their Elects or to do Fealty to the King of Scotland nor any Tenents in Capite or other Persons forced out of the Kingdom to do their Homage Fealty and Services or prosecute any Suits or other things which were used to be done there but that they might be done in their usual Places before the Chancellor of Scotland or Vice-Roy Fifthly That the Parlements for what concerned Scotland might be holden within that Kingdom The King was to 4 Ibm. Swear to the Observation of these Things And the Commmissioners promised further That he should oblige himself and Heirs to make Restitution of the Kingdom in the Case aforesaid in 100000 l. Sterl to be paid to the Church of Rome in Aid of the Holy Land and That he should Consent the Pope might constrain him and his Heirs by Excommunicating them and interdicting the Kingdom as well to the Restitution as Payment of the Money if he did not It was lastly 5 Ibm. Agreed and Promised by the English Commissioners That King Edward at his own Charges should procure the Pope to confirm these Articles within a year after the Marriage of Edward and Margaret and that
excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
speciali as the Record hath it After the Transaction and Settling of these Two great Affairs those whom the King employed had time from the Chronicles sent to this Parlement from the Monasteries to make a * See Mat. Westm f. 439. n. 20 30 c. Wals f. 81 c. Rot. Claus 29. Ed. I. M. 10. Dors Printed in Ryley's Placita Parliamentaria Append f. 596. The King's Title to Scotland sent to the Pope with a Narrative of the Perfidiousness of the Scots Deduction of his Right and Title to Scotland which was Historical and almost the same but more full and particular than that which was delivered to the Scots when he claimed the Superiority and direct Dominion over Scotland in the 19th of his Reign This was sent in a Letter from the King to the Pope with a Narrative of the whole Nation of Scotland having done Homage and sworn Fealty to him and owned and acknowledged him to be their King and Supreme Lord several times and what they had done against their Oaths invading burning spoiling and wasting England when they thought fit and also cautioning the Pope against the false Insinuations and Suggestions of the Scots concluding with a Petetion That he would have a Paternal Care and Affection to his Royal Rights Dated at Kemsey or Kynardesey the 7th of May A. D. 1301. if the Year began at Christmas if on Lady-day or 25th of March then 1302. in the 29th of his Reign The King at the Request of the King of France had granted the Scots a Truce which was to end at Whitsunday next coming as says the 5 Claus 29. Ed. I. Dors M. Dugd. Summons to Parl. f. 35. Writ by which he Summoned the Earls Barons and Knights such as he pleased to meet him at Berwic in the Feast of St. John Baptist with their Horse and Arms and to go with him against the Scots His Rebels and notorious Traytors to Repress their Rebellion and Pride so the Record Contra Scotos Rebelles nostros notorie proditores ad ipsorum Rebellionem Proterviam reprimendam This Summons was dated at Lincoln Feb. 14. in the 29th of Ed. 1. on the same Day he confirmed the Perambulations This Year the King made his Eldest Son Edward 6 Wals f. 79. n. 10. Matth. West f. 433. n. 50. Prince of Wales Earl of Chester Prince of Wales and Earl of Chester with which the Welshmen were well pleased as being born at Caernarvon in their own Country In Scotland he makes his 7 Pat. 29. Edw. I. M. 2. intus Claus 29. Ed. I. M. 3. Dors Procurators or Proxies to the Pope Walter Bishop of Litchfield and Coventry Amadeus Earl of Savoy Otto de Grandison Kt. and Gerrard Arch-Deacon of Lichfield to desire him speedily to put an end to all Differences between him and the French King and to complete the long-deferred Treaty of K. Edw. sends Procurators to the Pope to complete the Treaty of Peace between him the K. of From. Peace according to the Form of his Pronunciation or Decree made by virtue of the Compromise unto him but the Pope was not at leisure The Commissions or Procuratory Letters are dated at Glasco Aug. 24. in the 29th of his Reign The King staid all Winter in Scotland 8 Wals £85 n. 50. A. D. â—301 30. Ed. I. where many of his Military Men lost their Horses for want of Forage After Christmas he again at the Instance of the King of France 9 Ib. â— 86. â—in 3. He grants the Scots a Truce Granted the Scots a Truce until the Feast of All-Saints next coming and toward the Spring having settled things in Scotland returned into England All the Arguments the King used by Letters and Messages to the Earl of Savoy and Otto de Grandison 1 Claus 30. Ed. I. M. 15. Dors Two of the King's Procurators to the Pope refuse the Employment who were best acquainted with the State of his Affairs and Differences between him and the King of France could not persuade them to undertake this Embassie or Procuration to the Pope and therefore he 2 Ibm. The other two proceed committed the whole Affair to the Bishop and Arch-Deacon to hear for him and in his Name the Pope's Pronunciation Will and Pleasure in those things that then were not declared and determined between them by virtue of the Compromise made by both into his Person 3 Ibm. Ad audiendum pro nobis nostro nomine Pronunciationem vestram Voluntatem Beneplacitum super his quae inter Regem Franciae nos per vos i. e. the Pope virtute Compromissi c. restant pronunciandae facienda This Letter and new Commission was directed to the Pope to give him notice of the Refusal of the First two the Earl 30. Ed. I. and Knight and dated at Darlington in the Bishoprick of Duresm March 5. in the 30th of Edw. I. In April following Roger le Bigod Earl of Norfolk and Marshal of England granted and quiet claimed for his Heirs 4 Rot. Claus 30. Ed. I. M. 14. Dors The Earl-Marshal grants his Lands c. to the King and his Heirs to the King and his Heirs for ever All his Castles Towns Mannors Lands and Tenements in England and Wales except the Mannors of Sterington Wylton Thornton and Leversham with the Advousons of the Churches and all other their Appurtenances in the County of York and the Mannors of Acle and Castre with their Appurtenances and the Advouson of the Church of Geldeston in the County of Norfolk with the Knights Fees Advousons of Religious Houses and Churches Hundreds Honours Liberties and all their Appurtenances by what Name soever they should be called so as neither he nor his Heirs nor any one in his Name should have any Right or Claim in them Which Grant was Dated at the Abby of St. John's in Colchester the 12th of April in the 30th of Ed. I. He also made a Grant 5 Ibm. Also his Goods to the King of all his Goods and Chattels upon and in those Castles Mannors Towns c. except upon the Mannors and Lands before excepted Dated at the same Time and Place And made Letters of Attorney of the same Date to several Persons in every 6 Ibm. County where he had Lands to give Livery and Seisin accordingly Further at the same Place and on the same Day he restored remitted and quiet claimed for him and his Heirs to the King and his Heirs for ever all the 7 Ibm. He Releases and gives up his Earldom and Marshalship Right Honour and Dominion he had by the Name of Earl in the County of Norfolk and the Marshalcie of England with every thing thereunto belonging Lastly he restored remitted and quiet claimed the 8 Ibm. Castles of Bristol and Nottingham which he was to have held for Life by the Grant of the King so as he nor any one in his Name
should claim any Right therein Dated at Fulham May 15. in the 30th Year of Ed. I. The Reasons of these Grants and Restorings might be what The Reasons why the Earl-Marshal gave the King his Lands and parted with his Office and Honour Mat. Westminster reports tho' he mistakes the Year in the 33d of this King he says he then had a time of Speaking and that he warily convented the Earl-Marshal upon a Conspiracy which the Arch-Bishop of Canterbury and many Earls and Barons had contrived against him while he was in Flanders who not being able to contradict what the King said begged his Pardon For obtaining of which he made the King Heir of all Things he had By which means he saved his Life and the King as a Reward added to his Life a Thousand Pounds Land by the Year Which might be the Mannors and Lands he had liberty to except 9 Mat. West f. 452. lin 2. He with the A. Bp. and others had conspired against the King Et aderat tempus loquendi Rex convenit cautè Comitem Mareschallium super quodam Dedecore Conspiratione quam Archiepiscopus Cantuariensis plures Comites Barones contra eum Machinaverant ipso tunc agente in Flandria qui nequaquam valens ista contradicere Gratiam Regis petiit Pro qua obtinenda constituit Regem haeredem suum universorum quae habuit sic mortem perdidit vitam invenit Rex Remunerans eum vitae Comitis mille libratas Terrae adaugendo concessit In like manner the King convented all the others one by one that were in this Conspiracy and fined or punished them in Sums of Money 1 Ibm. lin 8. Similiter Rex singulatim singulos conveniens qui huic facto consenserant pecuniaria poena mulctavit Yet within this very Year of his Reign the King 2 Rot. Cart. 30 Ed. I. n. 24. 28 29. Dugd. Baron vol. 1. f. 136. col 1. The King regrants his Lands Honor and Office to the Marshal regranted the Earldom and Marescalcie of England with all his Castles Mannors and Lands in England and Wales to him and his Issue lawfully to be begotten upon the Body of his Wife Alice and for want of such Issue to return to the King and his Heirs 3 Dugd. Bar. ib. He died without Issue in the 35th of this King and the Honour and Estate came into his hands Some great Business the King had at this time that he had fixed in his Mind and laid much to Heart for which he sent Peter de Dene Canon of London and Roger le Sanvage Knight to the Pope 4 Pat. 30. Ed. I M. 12. intus Pryn's Ed. I. f. 93 The King senâ—â— Messengeâ—s to Rome upon secret Service Dilectos Fideles nostros Petrum de Dene Canonicum Londinensem Rogerum le Sauvage Militem pro quibusdam negotiis nostris quae multum insident Cordi nostro Domini summi Pontificis praesentiam destinantes c. Joining with them 5 Iâ—m William de Geynsburgh his Lieger at the Court of Rome and 6 Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery 7 Ibm. Sanctae Mariae novae in Porticu Diacono Cardinali to assist them and effectually promote his Business with the Pope and for so doing he should always find him ready 1 Pat. 30. Ed. I. M. 12. intus to do those things which were grateful to him The same Letters were wrote and directed to Six Cardinals more Four Deacon and Two Priest Cardinals This Letter is Dated June 13. at Chartham The Four Deacon Cardinals were his Pensioners Luke de Flisco Deacon Cardinal of St. Mary in the Broad way Sanctae Mariae in via lata Cardinalis Diaconus Peter Piperne Deacon Cardinal of New St. Mary Sanctae Mariae novae not in Porticu Diaconus Cardinalis William Cardinals the King's Pensioners of Pergamus Deacon Cardinal of St. Nicholas in the Tullian Prison a Parish in Rome as they all were Sancti Nicholai in Carcere Tulliano Diaconus Cardinalis Francis Deacon Cardinal of St. Mary in Cosmedyn Sanctae Mariae in Cosmedyn Diaconus Cardinalis 4 Ibm. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas for their Diligence and Sincerity in Transacting his Business The King 's former Proctors having not done any thing concerning the Peace between the Two Kingdoms he sends others to the Pope viz. 3 Claus 30. Ed. I. M. 6. Dors New Procurators sent to the Pope for a final Conclusion of the Peace between the two Kingdoms William de Gainsburgh and H. de Hertpole Two Friers Minors and Two of his own Clerks John de St. Clare Cannon of London and Philip Martell Professor of the Civil Laws with William de Dene Knight or any Four or Three of them with full Power to give a final Dispatch to this Business according to the Form of his former Pronunciation or Decree 4 Pat. 30. Ed. I. M. 9. intus Without effect Giving them also in their Commission or Letters Procuratory full and free Power to Demand Hear and Receive a total Consummation of his Decree and the Peace to ensue thereupon Both these Records are Dated at Arundel Septemb. 9. A. D. 1302. in the 33th of this King Their Negociation proved also ineffectual As the Earl Marshal so Humphry de Bohun Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign and doing Homage had 5 Dugd. Bar. f. 183. col 1. Rot. fin 27. Ed. I. M. 23. The Constable grants all his Lands Honours and Office to the King Livery of his Father's Lands in the 27th This Year also granted all his Castles Towns Mannors Lands and Tenements Knights Fees Advousons of Religious Houses and Churches Hundreds Honors Liberties and all their Appurtenances in England and Wales to the 6 Roâ— Claus 30 Ed. I. M. 5. Dors King and his Heirs for ever without any Exception or Reservation of any thing to himself 7 Ibm. The King regrants them upon Marriage with his Daughter And all his Right Honour and Dominion he had as Earl in the Counties of Hereford and Essex and the Constableship of England The Grant is dated at London the 8th of October in the 30th of Edw. I. Which upon the Marriage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland Zeland and Lord of Friseland were 8 Dugd. ut supâ—a Claus 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Seagrave made Guardian of Scotland Regranted to him about two years after After the Feast of All-Saints when the Truce with the Scots was expired the King sent 9 Wals f. 86. n. 30. John de Seagrave with an Army into Scotland 1 Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
and Arms 15 days after the King had begun and holden his Parlement when they made the Award against the Two Spencers and concealed it from the King who knew nothing of it until the Hour they came with it to Westminster with Force and Arms so as the King could not hinder the passing of it which was to this effect To the Honour of God and Holy Church and of our Lord the King for the Profit of him and his Realm and to maintain Peace amongst his People and the Estate of the Crown the Prelates Earls Barons and other Peers of the Land and Communes of the Realm do shew against Sir Hugh le Despenser Father and Son That whereas Sir Hugh the Son at the Parlement at York 7 3 Weeks after Michaelmas Claus 12 Ed. II. M. 28. in cedula was Named and it was there Agreed he should be Chamberlain to the King in which Parlement it was Agreed That certain Prelates and other Great Men should be with the King by turns at several Seasons of the Year the better to advise him without whom no great Business ought to pass The said Sir Hugh the Son drawing to him his Father who was not by Order of Parlement to be near the King or to be one of those Counsellors between them both have usurped Royal Power over the King and his Ministers and the Government of the Kingdom to the Dishonour of the King the Injury of the Crown and Destruction of the Kingdom Great Men and People and have done the Wickednesses under-written in contriving to turn the Heart of the King from the Peers of the Land that they may have the sole Government thereof 1. That Sir Hugh the Son made a Bill or Writing whereby he would have had Sir John Gifford of Brimmesfield Sir Richard de Greye and others entred into a Confederacy to have forced the King to do what he would have him and had almost done it The Tenour of the Bill is under written 2. Homage and the Oath of Allegiance is more by reason of the Crown than of the Person of the King and bound him more to the Crown than the Person and this appeared for that before the Crown descends there is is no Allegiance due to the Person Expectant Wherefore in case the King carries not himself by Reason in Right of the Crown his Lieges are bound by Oath made to the Crown to remove the King and the State of the Crown by Reason and otherwise the Oath ought not to be kept Then it was demanded whether the King was to be dealt with by Suit of Law or by Rigour par Suit de Loy ou par Aspertee By Suit of Law it could not be for he had no Judge In which case if the King 's will be not according to Reason and that he maintains nothing but Errour therefore to save their Oath and when the King will not redress what is injurious to the People they must proceed with Rigour for he is bound by Oath to Govern his Lieges and his Lieges are bound to Govern in Aid of him and in Default of him 3. Also upon the Application of the Great Men and People unto him his Answer was according to the Pleasure of these Two in turning the King from his Duty against his Oath and the Hearts of the Great Men and People against their Liege Lord. 4. Also by their evil Contrivance they will not suffer the Great Men of the Realm nor Good Counsellers to speak with or come near the King to advise him nor the King to speak to them unless in their presence and hearing or of one of them and when they please they usurping Royal Power and Sovereignty over the Person of the King to the great Dishonour and Peril of him the Crown and the Kingdom 5. Also to attain to their Wickedness Covetousness and Disinheriting the Great Men and Destruction of the People they put out Good and Agreeable Ministers placed by Assent and put in others False and Wicked of their Party who will not suffer Right to be done as Sheriffs Escheators Constables of Castles and make Justices not understanding the Law as Sir Hugh the Father Sir Ralph Basset Sir Ralph Camois and Sir John Inge and others their Friends who caused to be indicted by false Jurors of their Alliance the Peers of the Land as the Earl of Hereford Monsieur Giffard of Brimmesfield and Monsieur Robert de Monshall and other good People to get their Lands 6. Also they falsly and maliciously advised the King to raise Arms against his People in Glocestershire contrary to the Great Charter and the Award of the Peers of the Land and by their false and evil Counsel would have made War in the Land for their own proper Quarrel to the Destruction of Holy Church and the People 7. Also whereas the Earl of Hereford and the Lord of Wigmore i. e. Mortimer by the King's Command were assigned to make War upon Lheuelin Bren who had levied War against him in Glamorganshire when the Earl of Glocester's Lands by reason of his Death were in the King's hand and Lhewelin had rendred himself into the Lords hands to the King's Grace and Pleasure and upon that Condition delivered him to the King who received him accordingly but when these Lords were out of the Country these Two the Father and Son usurping Royal Power took Lhewelin and carried him to Cardiff after that Sir Hugh the Younger was seized thereof as of his Share of the Earl of Glocester's Estate one of whose Daughters and Heirs he had married pretending to a Jurisdiction where none was in this case and there caused him to be Drawn Hanged Beheaded and Quartered feloniously for things done in the time of King Henry And also took upon them Royal Power and Jurisdiction which was appendant to the Crown in Disheritance of the Crown and Dishonour of the King the said Lords of Hereford and Mortimer and in ill Example and great Peril in the like case in time to come 8. Also they ill advised the King to take into his hands the Lands and Goods of Sir Hugh Audely the Son who was fore-judged without due Process contrary to the Law of the Land by the Covetousness of the said Hugh to get some of those Lands and by other false Compassments contrived to have the Lands of Sir Roger Dammory and for having him attainted for entring into Glocestershire in Disheritance of the Peers of the Land 9. Also that whereas the King had granted by his Letters Patents to the Earl of Warwick in full Parlement at Westminster That after his Death his Executors should have his Lands until his Heir was of Age which Grant after the Earl's Death was confirmed by the King at Lincoln at the Request and Assent of the Peers of the Land in Parlement the said Sir Hugh the Father procured his Son to cause the King to repeal this Grant without cause and to give to the said Hugh the Father
at St. Pauls about sending some of their own Order to the King and Queen as Mediators of Peace between them The Bishop of Rochester dissuaded his going into the City or beyond the Thames to Treat being then at Lambeth telling him the Hearts of the People were against the Bishops and that they hated them imputing all the Evil that had happened in the Nation to their Sloathfulness Foolishness and Ignorance Next day they met at Lambeth and Resolved to send Two The Bishop of Winchester was willing to go for one but could not get a Companion 2 Ibm. All sorts of Citizens meet at Guildhall and contrive how to put to Death the Bishops of London and Excester and the King 's other Justices Die Mercurii proximo ante Festum St. Lucae convenerunt apud la Gyld-Hall c. On Wednesday before St. Luke the Citizens great and small majores minores met at the Guildhall where they contrived how they might take and put to Death the Bishops of London and Excester and the King 's other Justices and how they might Plunder the Merchants Mercatores in Civitate depraedarent taking the occasion of the Queen's coming 3 Ibm. The Queen comes to London All her Enemies that adhered not to her accepta occasione de adventu Reginae quod Reginae adhaerere noâ—entes proditores Regni publice censerentur because those that would not adhere to the Queen were publickly Reputed Traytors to the Kingdom The Justices were then met at the Friers Preachers and the Bishop of Excester was flying to St. Paul's Church they caught him at the Door beat and grievously wounded him and drew him through the Streets and Lanes to the Great Cross in Cheapside where the Sons of the Devil Filii Diaboli Virum fidelem providum discretum ac Regno valde necessarium truculenter decapitarunt Beheaded a Faithful Wise and Discreet Man and very useful to the Nation And further says Tunc conturbata est tota 4 Ibm. Those who were called the Queen's Enemies were plundered all the Nation over Terra in circuitu impii ambulantes animalia alia bona pacificorum quos hostes Reginae dixerant sub tali colore ubique depraedantes abduxerunt Then the whole Nation was in confusion and the Wicked calling peaceable Men the Queen's Enemies and under that colour took away and plundered their Goods The King not thinking himself safe there had left London before the Queen came thither and finding 5 De la Moor f 598 n. 50. The King goes into Wales by such as he had sent to make a Discovery that almost all the Nobility afrighted with false Reports tota fere Regni Communitas falsis territa rumoribus had come in to the Queen went in 6 Ibm. Sets H. Spenser the Father to defend the Town and Castle of Bristol Wales and having appointed Hugh Despenser the Father then Earl of Winchester to defend the Town and Castle of Bristol went with Hugh the Son then Earl of Glocester Robert Baldock and few others to 7 Ibm. Wals f. 125. n. 10. The King lay close in the Abby of Neath in Glamorganshire Chepstow and there took Ship intending for the Island of Lundy or Ireland but the Wind being cross he could make neither and having undergone much Hardship at Sea he landed and got to the Abby of Nethe in Glamorganshire where he lay close In the mean time the Queen followed him with her Army and sent these Letters abroad to command and draw in the People to her Assistance 8 Ibm. Append n. 69. The Queen's Letter by which she commanded and drew in the People to her Assistance Isabel by the Grace of God Queen of England Dame of Ireland Countess of Pontif or Ponthieu and we Edward Eldest Son to the Noble King of England Duke of Guyen Earl of Chester Pontif and Monstroil or Monstrevil and we Edmond Son to the Noble King of England Earl of Kent To all those to whom these Letters shall come Greeting Whereas 't is notoriously known That the State of Holy Church and the Realm of England are many ways blemished and abased by the Evil Counsel and Abett of Hugh le Despenser who by Pride and a Desire to Lord it and set himself over all others hath taken upon him Royal Power against Right Reason and his Allegiance and in like manner made use of all the Evil Counsel of Robert Baldock and others his Adherents so as Holy Church is reviled and shamefully put under great Subjection Her care of Holy Church and the Prelates of Holy Church and the Prelates of Holy Church spoiled of their Goods against God and Right Holy Church defamed and dishonoured many ways and the Crown of England destroyed in divers manners in Disheritance of our Lord the King and his Heirs the Great Men of the Realm by the Envy and wicked Cruelty of the said Hugh many of them without Fault and without Cause put to shameful Death some Disherited others Imprisoned Banished and Exiled Widows and Orphans wrongfully forejudged of their Right and the People of the Land by divers Tallages and undue Exactions very often burthened and by divers Oppressions grieved without Mercy By which Offences the said Hugh hath shewn himself an open Tyrant and Enemy to God and Holy Church to our most dear Lord the King and to the whole Realm And we and many others with us and in our Company who have long been estranged from the good Pleasure of our Lord the King by the false Suggestions and Evil Procurement of the aforesaid Hugh and Robert and their Adherents are come into the Land to raise the State of Holy Church and the Realm and to defend the People from these Mischiefs and grievous Oppressions and to maintain to our Power the Honour and Profit of Holy Church and our Lord the King and the whole Realm as abovesaid Wherefore we command and pray you for the Common Profit of you and every one of you to be Aidant to us at all times and in all places and by all the ways you know or can that the things abovesaid may be speedily brought to a good Effect and End For know certainly That all we and all those with us will not undertake any thing that shall not be for the Honor and Profit of Holy Church and of the whole Kingdom as in time you will see and find if God please Given at Wallingford the 15th Day of October in the Twentieth Year of the Reign of our most dear Lord the King From Wallingford she marched to Oxford and so in a short Bristol taken time to Bristol which she besieged and soon took and the next day after she came thither 9 De la Moor f. 599. n. 50. H. Despenser the Father drawn and hanged Hugh Despenser the Father Earl of Winchester was Drawn and Hanged upon the Common Gallows without Hearing or Trial on the 1 Aist Sacr.
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
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
and put Cheats upon him that by Delay and his great Expences he might be weary of the War The King staid and expected the French on Tuesday but none came 8 Froys lib. 1. c. 155. Du Chesne f. 674. D. Mezer. f. 373. 8 The French Writers make a contrary Story of this They say That after King Edward had ravaged and burn Bolognois and Artois as far as the Town of Hisden which nor the Castle he could not take he returned to Calais That the King of France having Rendezvoused his Army at Amiens marched to Hisden and pursued him to St. Omers and from thence sent to him Arnold de Andreghen Marshal of France and other Knights to let him know he would Fight with him Body to Body or Power to Power when and in what place he pleased which he refused returning into England and King John to Paris Before this Action of his Father 's near Calais on the Nativity of the Virgin Mary or 8th of September 9 Aves p. 125. b. cap. 93. The Prince goes into Gascoigne the Prince with the Earls of Warwick Suffolk Salisbury and Oxford with 300 Ships and a good Force in them set Sail from Plimouth into Gascoigne and in a short time after his arrival 1 Ibm. Marched to Narbon burns and destroys the Country marched from Burdeaux to Narbon seated as it was then called on the Greek Sea now the Mediterranean laid waste burnt and destroyed all the Cities Walled Fortified and other Good Towns in his March backwards and forwards except the City 2 Ib. 129. b. Tholose in which were the Constable of France the Marshal de Clermond and Earl of Armanak with a great Force to defend it The time of these Burnings Plunderings and Destroyings was two Months before the Return to Burdeaux a Journal whereof is to be seen in a Letter from the Prince to the Bishop of Winchester then Lord Treasurer Dated on A. D. 1355. 29 Edw. Iâ—I â— Christmas-Day and another more exact from Sir John Wingfield one of the Chief Actors in this Cavalcade Dated on Wednesday before Christmas-Day in Avesbury p. 127. a. b. p. 128. a. b. p. 129. a. b. p. 130. a. b. Cap. 98 99 100. now not much to the purpose to be either transcribed or translated The King having received News that the Scots had surprized Berwick surprized by the Scots the Town of Berwick as was noted by Sir William Shareshull in his Discourse to the Parlement so soon as it was ended in the latter end of November marched with a great Army toward Scotland and kept his Christmas at Newcastle upon Tine 3 Ibm. p. 131. b. cap. 103. The English all this while defended Berwick-Castle against the Scots and on the 13th of January the King being in it with Sir Walter Manny Retaken by the King the Town was surrounded with the English Army and the Port and Castle both secured by the English Navy the Scots threw themselves upon the King's Mercy and yielded up the Town For the very severe Usages and Hardships drawn up in hard The King of Scotland ill used by his People Words in the very Grants Edward Baliol King of Scotland received from the Scots and not being able to endure them or contend for the Honour and Dignity due to him from his People in his old Age and feeble Condition on the 20th and 25th Day of January at Rokesburgh Gave Granted and Confirmed for him He grants the Crown of Scotland c. to K. Edw. and Heirs to Edward King of England the Kingdom Government Title and Crown of Scotland together with the Isles and all manner of Royalties Dignities Honours Prerogatives Privileges Rights Dominions Homages Services Fees Advowsons Cities Castles Towns Lands Possessions and all and singular things which belonged to the Crown of Scotland or might any way belong to it and all his Isles Castles Cities Towns Demeasns Lands Possessions Dignities and Rights with their Apertinences in England or Galway or otherwhere within the Kingdom of Scotland to have and to hold to him his Heirs and Assigns And puts him in possession of the Kingdom and put him in possession of all these things as well by delivery of his Golden Crown as delivery of corporal Possession of the Soil of the Kingdom c. In consideration whereof King Edward was to allow him 2000 l. Sterling by the year for his Life to be paid Quarterly There were several long 4 Rot. Scot. 29 Ed. III. M. 12. Instruments made about this Grant as also an Exemplification of the main Indenture of the Agreement between the Two Kings Dated at Banburgh the 20th of February 5 Ibm. 30. Ed. III. M. 6. the Year following Also there is King Edward's Release of the Homage done to him by Edward Baliol 6 Ibm. 8. Dated the 12th of March next after at Westminster and a Proclamation That notwithstanding this Grant the People of Scotland should enjoy and be Governed by their Old Laws and Customs as before without any Change or Alteration 7 Ibm. Dated at the same Place on the 15th of the same Month. In the next Year Prince Edward 8 Wals f. 171. n. 40. marched out of Burdeaux with his Army toward the River Loire and designed such another Ravage and Destruction in the Countries on both sides of it as he had made the Year before between Burdeaux and Narbon which he had begun 9 Ibm. and Du Châ—sne f. 675. D. from Froys f. 78. a. cap. 157. Upon the News whereof the King of France went directly from Paris to Chartres where he drew Forces from Avergn Berry Burgogn Lorain Haynault Vermandois Picardy Normany and Bretagne to oppose him in the mean time guarding the Passes and breaking down the Bridges upon the Loire while the Prince took Remorentin and several other Places and Castles and had many Skirmishes with French Parties beat them and took several Prisoners on the South-side of the River before the memorable Battel of Poicters the best Description whereof is in 1 Fol. 371. A. D. 1356. Mezeray's Abridgment of Froisard's tedious Relation of it as follows While the King was at Chartres where he was drawing all his The Battel of Poictiers Forces together he was informed that the Prince of Wales with 12000 Men of which there were but 3000 Natural English had pillaged Quercy Avergne Lemosin Berry and was marching to do the same in Anjou Tourain and Poitou he thought fit to cut off his March upon his Retreat and led his Army along the Loire The Prince being advertised left the Road to Tours and retired by Poitou but he could not do it so speedily but that the King's Army overtook him within two Leagues of Poitiers The Prince finding him so near entrenched himself amongst the Vines and strong thick Hedges nigh the Place called Maupertuis Cardinal de Perigord the Pope's Legate went often from one The Pope's
Silver to be paid in Nine Years by equal Payments the first whereof to begin at the Purification of the Virgin next coming after the Date of the Treaty or within Fifteen days after and to be made at Berwic if in the hands of the English otherwise at Norham-Castle in Northumberland not far from thence 2. That there should be a Truce upon sufficient Security by Instruments and Oaths between King Edward and all his People of England Scotland and the Isle of Man and David de Bruys and all the other People of Scotland and their Adherents by Land and by Sea in all Places without Fraud or Deceit until the said Sum was fully paid and that Edward de Baliol and other his Allies and Adherents should be comprised within the Truce 3. That all People of one Part and the other during the Truce A Truce for 9 years between England and Scotland with the Articles might Negociate and have intercourse one with another by Land and by Sea except Castles and Fortified Towns and Places And that if during the Truce any Country Town Land Burgh Possession Castle or Person of what Estate or Condition soever he was at the Day of making this Agreement should be taken or received into the Faith or Peace of one Party from the other soit pris ou receu de une Foi ou Pees a lautre that full Restitution should be made without Delay Contradiction or Fraud the same Hour they were demanded 4. That for the Payment of the Money according to the Agreement David was to send Twenty Hostages into England who were Twenty of the Eldest Sons and Heirs of the Earls and Best Men of Scotland named in this Article to remain there until the Money was paid c. 5. That the said David and the other Great Men of the Kingdom of Scotland as well Bishops and Prelates as other Lords of the Land should be bound by Letters and Oaths in the best manner and form could be devised for the Payment of the Money and Observation of the Truce And that the Merchants and Comunes of Aberdeen Dundee Perth and Edinburgh should be bound accordingly for themselves and all other Merchants of that Kingdom for the Performance of the Payment and Truce 6. That if the said David or others that should be bound for the Payment of the Money should fail of Payment of any of the Terms then the Body of David was to be re-entred into the Castle of Norham within three Weeks after every Failure there to remain until the Sum was paid 7. That if there should be any Rebels in Scotland against David item in cas que auscuns Rebelx Descoce soient contre le dit David they should not be received maintained ir supported by any in the Faith of King Edward Or if any in the Faith of King Edward should rise or rebell against him or his Officers he should not be received maintained or supported by the said David or any in his Faith or Legiance 8. By the Advice and Assent of the Prelates Great Men and Sages of the Kingdom King Edward accepted the Treaty and promised and granted in Good Faith That if David the Prelates Great Men and others of Scotland of his Party would observe and perform as much as belonged to them the Things treated and agreed upon That he would also keep and perform and cause to be observed the same without Fraud or Deceit according to the Purport of the Treaty In Witness and Confirmation whereof King Edward made his Letters Patents Dated at Westminster on the 5th of October This Treaty and all others before proved ineffectual 2 Hect. Boeth f. 326 b. n. 50. A new Treaty because the Scots would not consent to the Terms and Conditions of the Release Yet the Endeavours and Mediation before mentioned were continued and on the Third of October this Year Commissioners on both sides met at Berwic for King Edward 3 Rot. Scot. 31 Ed III. M M. 2. Dors A. D. 1357. The Commissioners on both sides John Arch-Bishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Ralph Neville Henry le Scrope and Thomas Musgrave For Robert Steward Guardian of Scotland and the Prelates Lords and Commons of that Kingdom William Bishop of St. Andrews Thomas Bishop of Catness Patrick Bishop of Brechin Chancellor of Scotland Patrick Earl of March Robert de Irskin and William de Levington Knights When it was Agreed 1. That King David should be Released set Free and Ransomed for The Articles of a 10 years Truce K. David to be released an Hundred thousand Mercs Sterling Money to be paid yearly by Ten thousand Mercs the first Payment to begin at Midsummer then next following 2. That there should be a Truce kept and observed in England Scotland and the Isle of Man until the Money was paid And That Edward de Baliol and all King Edward's Allies should be included in this Truce 3. That for Payment of his Ransom Twenty Hostages should be delivered by King David there named in the Conditions of their Delivery 4. That King David the Prelates and Peers of Scotland should This and the former Truce to be observ'd be bound by Writing and Oath for Payment of the Money and Observation of the Truces 5. That if the Money was not paid as agreed they should be obliged to return the Body of King David who was to remain Prisoner while it was paid according to every Term of Payment These and some other Articles were the Conditions upon which he was released after more than Eleven Years Imprisonment King David was no sooner returned into Scotland after his Deliverance but he began to chastise 4 Hect. Boeth ut supra n. 60 70 80. K. David punished such as deserted him at the Battel of Durham such as deserted him and left the Field at the Battel of Durham And first he deprived Robert Stewart of the Right of Succession and declared Alexander Sutherland who was his own Sister's Son his Successor Robert Stewart being Son to the Daughter of the First Wife of Robert Brus and caused all the Nobility of Scotland to Swear Fealty to him But Alexander dying soon after he established Robert Stewart in the Succession according to his Right and caused the Nobility again to Swear Fealty to him He took away part of the Earl of the Marches Estate another Great Officer in the Army and punished others according to their Deserts It is not much to the Purpose of this History what the Troubles The Troubles and Confusions in France during King John's absence and Confusions were in France and the Miseries of that Nation during King John's Captivity or rather his Absence only from the French People they may be seen in the French Historians by such as desire to know them The bold Behaviour of the Provost of the Merchants and Parisians against the Dauphin the Insolence of the Rustics against the
Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
Comunes en pleyn Parlement Which Name of King of France he did retake and had his Great Seal and other Seals altered and that Title 8 Ibm. engraved upon them On the same 9 Day and Thursday the Estate of the King 8 Ibm. 9 10. was laid before the Great Men and Commons feust monstre as Grants Comunes lestat le Roy and because the War was open par cause de la Guerre queste overte he should be at great Charges as well by Sea and Land which he could not maintain without their Aid he requested them they would treat and advise how he might be best assisted to his greatest Profit and the least Charge and Damage to the People The Prelates Dukes Earls and Barons by themselves and then the Commons of one accord Granted les Prelates Ducs Barons par eux puys les Comunes A Subsidy of Wooll c. granted to maintain the War dun acord Granteront c. to the King a Subsidy of Woolls of every Sack 43 s. 4 d. and of the Woollfels every Twelvescore as much and of every Last of Leather 4 l. which passed beyond Sea for three Years besides the ancient Custom to begin at Michaelmas next coming of Denizons Of Strangers for every Sack of Wooll 4 Marcs of every Twelvescore Woollfels 4 Marcs and of every Last of Leather 8 Marcs He not only provided for Money this Parlement but 1 Ib. n. 25. K. Edward's Offer To all Persons whatever that would maintain his Quarrel against France declared That for the Compensation of such Lords or others of whatsoever Estate Degree Condition or Nation they were who would maintain his Party and Quarrel against his Enemies of France should hold Heritably what they should Recover and Conquer be they Dutchies Earldoms Vicounties Cities Towns Castles Fortresses or Lordships situate in France by what Name or Title they were called of him as of the King of France by the Services and Dues accustomed except and reserved expresly to him and his Heirs all his Demeasn Royalties Services Homages Dues Resorts and Soveraignties belonging to the Crown of France except also church-Church-Lands and the Lands of all such as without Force or Difficulty would obey adhere to and stay in Obedience to him on their own Good-will and him Aid Counsel and Comfort in his Quarrel c. This Year 2 Wals f. 184. n. 20. The Death of the Queen The Offer as above no advantage to K. Edward 3 Froys C. 272. Du Ches f. 704. D. He sends his Letters of Indemnity and Pardon into Aquitan on the Assumption of the Virgin Mary or 15th of August died Queen Philip Just and Sincere as the Historians say to the English Interest There is nothing extant which makes it appear that the Offer above-mentioned advanced King Edward's Cause and therefore next Year he sends his Letters of Indemnity and Pardon with great Promises of Reformation into Aquitan 3 That he being informed of certain Troubles Grievances and Molestations done or supposed to be done by his Dear Son the Prince of Wales in his Seigniory of Aquitan being obliged and desirous to remedy all things tending to evil Surmises Hatreds and Contentions between him and his Loyal Friends and Subjects did Announce and Pronounce Certifie and Ratifie of his meer Good-will and by great Deliberation of his Council to that purpose called and did Will and Command That the Prince of Wales should forbear and remit all manner of Actions done or to be done and restore to all such as had been grieved or molested by him or by any of his Officers and Subjects in Aquitan all their Costs Expences or Damages raised or to be raised in the Name of Aids or Chimney-Money And did further pardon all such as had revolted and forsaken his Homage and Fealty upon Condition that after the sight of these Letters within one Month they returned to their Obedience And if any Persons made any just Complaint against his Dear Son the Prince or any employed by him that in any thing they were grieved or oppressed or had been in times past he would cause them to have reasonable Amends for the maintaining of Peace Love Concord and Vnity between him and his People of the Dutchy And that all Men might be satisfied of the Truth of these Letters he willed they should have Copies of them and then declared he had Sworn to maintain and make them good by the Body of Jesus Christ in the Presence of his Dear Son John Duke of Lancaster the Earls of Salisbury Warwick Hereford and many other there named Dated at Westminster in the 44th Year of his Reign on the 5th of November in the Year of our Lord 1370. Mezeray 4 F. 389. The King of France joined Religion and Eloquence to his Arms And sent Preachers abroad to justifie his Cause taking notice of these Letters tells us That to the Force of Arms the King of France joined Religion and Eloquence which could do all things on the Hearts of the People He ordered Fasts and Processions to be made all over his Kingdom and sometimes went barefoot himself with the rest when at the same time the Preachers made out his Right and Title with the Justice of his Cause and the Injustice of the English Which had two Ends the one to bring back again those French Provinces which had been yielded by the Treaty of Bretigny the other to make those that were under him willing to suffer the Contributions and all other Inconveniencies of War The Arch-Bishop of Thoulouse alone by his Persuasions and Intrigues regained above Fifty Cities and Castles in Guien amongst others that of Cahors The King of England would have practised the same Methods on his part and sent an Amnesty or General Pardon to the Gascons with an Oath upon the Sacred Body of Jesus Christ to raise no more new Imposts but all this could not reclaim those Minds that had bent themselves another way King Edward 5 Ib. c. 249. 250. Forces sent into France to the Prince Some of the Companions joined with them sent Forces over to the Prince with Edmond Earl of Cambridge his own Son and the Earl of Pembroke his Son-in-Law who with a great number of Companions under the Command of Hugh Caverley an Experienced Officer which came from Aragon Rendezvoused at Angolesm and were put all under his Command by the Prince What things of Note they did I find not Before this time 6 Ib. c. 241 242. Henry the Bastard killed Peter King of Castile and fixed himself in the Throne Henry the Bastard had by the Assistance of Peter King of Aragon the King of France and the Power of Bertrand de Guesclin and his Companions seized the Kingdom of Castile and killed King Peter and fixed himself in that Throne The King of France wrote to Henry to 7 Ib. c 276. Bertrand de Guesclin and his Companions serve the K. of France against K. Edw.
the Pope under his Great Seal and the Peers and Great Men of the Land under their Seals That he would cease from putting these Burthens upon the Nation and revoke what he had done And if any of the Peers or Great Men would not Seal such a Letter the Commons would not hold him a Well-wisher to the King's Profit or theirs And in case the Pope should not comply with what was desired they pray the King to encourage and maintain such as should and would endeavour to remove this Burthen and put such out of his Protection as would not They also pray him to Command all the Peers and Great Men of the Land to stay at this Parlement quietly until these things should be perfected and sealed as above Et la Comune pri a nostre Seigneur le Roy qil voille comander as touz les Piers Grantz de la Terre qils demoergent en pees a le Parlement tanque ceste choses soient perfaites enseales sicome desus est dit And for the great Damage that might happen in the mean time he would please to grant his Prohibitions to the Ministers and Proctors of the Great Bishops not to meddle in this matter until the Pope had wrote back his Pleasure The 8 Ibm. Ro. Answer to this was That the King understood the Mischief and would that the Great Men and Commons should order Remedy and Amendment and he would agree to it voet que entre les Grantz les Comunes soit ordeigner Remedie Amendment il sacorder And also the King would and agreed That Letters should be wrote to the Pope about this matter as well by himself as also by the Great Men and by the Commons And 9 Ibm. n. 10. then the Earls Barons and other Nobles and the whole Communalty of the Realm puis fu prier a nostre Seigneur le Roy en ce Parlement par Counts Barons autres Nobles tote la Comunalte du Roialme prayed the King That for to avoid and set aside the Damages Grievance and Oppression of the People and Holy Church of England de Seint Eglise d'Angleterre which were done there by the Reservations and Provisions of the Court of Rome par Provisions Reservations de la Court de Rome as well of Benefices as of First-Fruits and by Impositions of Tenths and other Burthens in Disheriting as well the King and his Crown as the said Earls Barons and other Nobles he would please to command to be considered certain Petitions of the Earls Barons and Commons of the Realm in the time of his Grandfather in his Parlement holden at Carlisle in the 35th Year of his Reign and also the Agreement and Judgment made upon them in that Parlement Their Prayer was granted and search was ordered to be made in the Rolls and Remembrances of the said Parlement where amongst other things it was found That upon the shewing of the Earls Barons and Commons their Petitions The Statute of Provisors made at Carlisle Ed. I. That Holy Church in this Nation had been founded in the State of Prelacy by his Grandfather and his Progenitors the Earls Barons and their Antecestors to inform the People in the Holy Faith and for Prayers Alms and Hospitality to be made done and kept in the Places where the Churches were founded for the Souls of the Founders and their Heirs and all Christians And that certain Possessions and Lands in Fee and Advowsons to a very great Value were assigned to the Arch-Bishops Bishops Abbots Priors and other Houses of Religion by your said Grandfather and his Progenitors Earls Barons and other Great Men of the Realm and their Ancestors and that they in the time of Vacancy of such Prelacies and Houses as Lords and Advowees or Patrons had and ought to have the Presentments and Collations of all manner of Benefices of the Advowry or Patronage of such Prelates to give them to Englishmen * Writ of the King's Council who had Great Place with his Grandfather and the Great Men abovesaid for their Knowledge and Advice when they had occasion to make use of them And that the Pope that then was had appropriated to himself the Gifts of such Possessions and Benefices by his Provisions and Reservations and gave and granted Dignities Prebendaries and Churches to such as never Resided in England and to Cardinals and others as well Strangers as Englishmen which could not Reside here as if he had been true Patron and Advowee of Right as he was not For which things if they should be suffered within a short time there would be no Benefice in the Gift of such Prelates but by such Provisions would be in the Hands of Strangers contrary to the Will and Intent of the Founders and so the Elections of Arch-Bishops and Bishops would fail Prayers Hospitalities and Alms which ought to be performed would cease and his Grandfather and other Lay Patrons in times of vacancy would lose their Presentments and Collations and the said Council would * For want of Bishops and able Dignified Persons of his own Nation of which then the King's Council mostly consisted perish and the Goods of the Nation in a great measure carried out of the Kingdom to the undoing of the State of the Holy Church of England de seinte Esglise Dengleterre and the Disinheriting of his Grandfather and his Crown des autres Nobles du dit Roialme and of other Nobles of the Realm and in Offence and Destruction of the Laws and Rights of the Kingdom to the greatest Damage and Oppression of the People and Subversion of the State of the whole Nation contrary to the Will and Ordinance of the first Founders By the Assent of the Earls Barons Nobles and Commonalty considering intirely the Errors and Damages aforesaid in the said Parlement of Carlisle it was Provided Ordained Decreed and Considered That the forenamed Grievances Oppressions and other Damages and Errors aforesaid from thenceforth should not be suffered to be done in any manner Whereupon the said Grandfather by his Writs forbad all such as it concerned to attempt or do any thing that might turn to the Blemishing of his Royal Dignity or in prejudice of the Nobles or his People and further he commanded all the Sheriffs by his Writs That if by Enquests taken any could be found doing to the contrary they should take their Bodies and bring them safely before him at a certain day to answer as well to him as others that would complain against them and to do further and receive what the Court should award in this Case Wherefore our Lord the King Edward the Third in this present Parlement at the Suit of the Commonalty making Suggestion by their Petition before him and his Council of many Errors Damages and Grievances that many times happened by such Provisions and Reservations as well of Benefices as First Fruits and other things whatsoever Of Impositions of Tenths
Second Many Riots and Insurrections in the Nation there happened many Riots Insurrections and Rebellions in many places of the Kingdom The Historians tell us this Three Groat Tax and the Insolence Incivility and Rudeness of the Collectors to young Maidens was the cause of them They The Three Groat Tax the supposed cause of them might at first be the pretence and give occasion to put in execution what the Leaders and Contrivers of the intended general Insurrection of the Villanes Natives Bond-Tenents and Clowns designed in the First of this King the Demands and Practices of these Men being built upon the same foundation These Insurrections began first in Kent and Essex In Kent under They began in Kent Essex Wat Tiler Jack Straw the Leading of Wat Tiler in Essex under the Conduct of Jack Straw The 2 Wals f. â—47 n. 40 50. f 248. A. D. 1381. Bulk of the People were Villains Bond-Tenants Country Clowns such as were in Debt and knew not how to satisfie their Creditors and Criminals who feared the Severity of the Law The Kentish Rebels Rendezvoused upon Black-heath to a vast number on 3 Ibm. f. 249 250 251 252 253 c. Their Pretences Wednesday June 12. Their Pretences were Liberty changing the Evil Customs of the Nation and cutting off the Heads of all the Lawyers great and small and all that had any Offices in the Law or Relation to it any way where-ever they could find them for that the Nation could not enjoy a true Liberty until they were killed 4 Ibm. The King sent to them to know the Reason of that Commotion and the gathering together of such a Multitude They told the Messengers they met to speak with the King about certain matters and ordered them to go back and let him know he must come to them and hear what they desired Some about the King persuaded him to go forthwith The Arch-Bishop of Canterbury Simon de Sudbury then Chancellor and Sir Robert Hales Prior of St. Johns of Jerusalem then Lord Treasurer earnestly dissuaded him moving him rather to think of suppressing than going to speak with such a Rabble about Business 5 Ibm. Of which these rude People having notice they threaten to cut off their Heads And forthwith marching towards London came to Southwark where they pulled down 6 Froys c. 383. Their Practices Houses brake open the King's Prisons and let forth the Prisoners who joined with them The Bridge-Gate was shut against them but by the Assistance of their Friends in the City and by their Menaces and Threatnings of the Citizens if they had not free Passage into the City the 7 Ibm. Wals ut supra Gates were opened and they passed backwards and forwards into and out of the City as they pleased giving out they came only to search for Traytors to the Kingdom and at that time paid for what they called for which got them Reputation with the low and ordinary Citizens of whom a great many joined with them Next Day which was the Feast of Corpus Christi or 13th of June they marched through the City to the Savoy the Duke of Lancaster's House whom they called Traytor and hated above all Men This 8 Ibm. House they burnt and beat down and destroyed all the rich Furniture throwing his Gold and Jewels into the Thames as likewise all his Plate first breaking it into small pieces and made it by Proclaclamation Capital for any one to retain any thing to his own use that they might shew the People what they did was not out of Covetousness 9 Ibm. From hence they went to the Temple then an Habitation for Lawyers this they demolish and burn all their Books and Papers with the Records that were there kept 1 Ibm. From this Place they go to Clerkenwell where they destroy all the Goods in the Hospital of St. John and set fire on that Magnificent Building 2 Ibm. They now divided themselves into Three Bodies one went to Heybury a Mannour belonging to the Hospital of St. Johns near London where they were busie in destroying and plundering all the Goods belonging to it and pulling down a Noble House that stood there 3 Ibm. A second Body of them which were most of Essex and the Countries adjoining lodged themselves upon Mile-end-Green and the third about St. Katherines and Tower-hill Next Day being Friday and June 14th 4 Frâ—â—s c. 384. Wals â—t supra the King with several Noblemen went to Mile-end-Green and telling them he was their King asked those People being about 60000 what they would have They told him They desired he would make them free themselves their Heirs and Lands and that they might not be called or reputed Bond-men The King granted their Desire on condition they would return home and leave Two or Three only of every Parish or Town to stay and bring with them their 5 Append. n. 103. Charters of Freedom Sealed with the Great Seal which should contain what they demanded With this and with mighty and most quick Dispatch having received some of their Charters they were satisfied and went to their own Places and Countries At the very same time 6 Froys Wals ut supra the Kentish-men and those with them who placed themselves on the Tower-hill and about St. Katherines went into the Tower the Gates being open without Resistance though there were in it 600 Archers and 600 other Armed Men who were so terrified and astonished at the Number Noise and Practices of this vast Multitude that they never regarded who went in or who went out from whence they took out the Arch-Bishop of Canterbury Lord Chancellor Sir Robert They cut off the Heads of the A. Bp. of Canterbury Sir R. Haleâ— c. Hales Lord Treasurer John Leg one of the King's Serjeants at Arms and a Franciscan Frier and upon Tower-hill cut off their Heads After this they went into the City and cut off the 7 Ibm. Heads of many English and Flemings there They drew out of the Church of the Augustin Friers 13 Flemings and out of other Churches 17 more and cut off their Heads in the Streets that being their only way of Murther with mighty Shouts and Rejoycing Next Day being the 15th of June 8 Ibm. they began to do as they had done the Day before cut off many Heads pull down and burn Houses The King then sent to them to let them know their Companions at Mile-end-Green upon their receiving Charters of Freedom were separated and gone home to live quietly with offer to them of Charters according to the same Form if they would accept them 9 Ibm. Wat Tiler their Great Leader replied He would embrace Peace if he liked the Conditions Thinking this way to have delayed the King and Council so as that Night he might have put his Design in execution which was to kill the King and
quod Domini Magnates ac Comunitates Comitatuum Civitatum Burgorum concesserunt Domino Regi c. granted to the King for the Voyage of John King of Castile and Leon Duke of Lancaster into Spain and safe keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and half a Tenth and Fifteenth the 10th and 15th to be paid at Candlemas and the half 10th and 15th to be paid at Midsummer for the receipt and expending whereof there were special Treasurers appointed in Parlement and Supravisors to see it done And this 2 Ibm. Voyage into Spain was agreed and granted by the King Prelates Noblemen Great Men and Communities aforesaid in full Parlement In the King's Entrance into 3 Knighton col 2675. n. 50. Scotland the King conferred several Honours upon the Persons following at Hounslow-Lodge in Tividale says the Record which were confirmed in this Parlement The King's Unkle 4 Rot. Parl. 9 Ric. II. n. 14. Several Titles and Honours confirmed in Parlement Edmond Earl of Cambridge being created Duke of York was confirmed in that Title and had from the King 1000 l. a Year to support his Dignity to be paid out of the Exchequer to him and his Heirs Male until the King could settle Lands upon him and his Heirs of the like Value Then also was 5 Ibm. n. 15. Thomas Earl of Buckingham and Essex the King's Unkle being created Duke of Gloucester confirmed in that Title with the like Gift and Settlement to support his Dignity Michael de la Pole 6 Ibm. n. 16. being created Earl of Suffolk was confirmed in that Dignity and had for the support of his Honour 20. l. a Year out of the Farm of the County and 500 l. a Year out of the Estate of the former Earl which had escheated to the King for want of Heirs after the Decease of the Queen and Isabelle Countess of Suffolk The Earl of 7 Ib. n. 17. Oxford being created Marquess of Dublin was confirmed in that Title by consent of the Prelates Lords and Commons and had by the same consent the Land and Lordship of Ireland c. except some Royalties belonging to the Crown paying 5000 Marks yearly into the Exchequer In this Parlement the 8 Ib. n. 32. The Commons Petition the King's Houshold might be viewed every year and if need were Regulated Commons Petition the King That the State of his Houshold might be viewed every year by the Chancellor Treasurer and Clerk of the Privy Seal and what was amiss to be mended at their Discretion And also That the Statutes of ancient time made concerning the Houshold might be kept and duely executed in all their Points As to the first Article of the 9 Ib. Ro. The King's Answer Petition The King will do it when he please As to the second Le Roy le Voet The King Willeth It was also then Enacted 1 Ib. n. 33. That all Lords and other Persons having any Lands on the Marches beyond Tine do dwell thereupon saving that the King may shew favour when he please The Commons desired to know 2 Ib n. 39. who should be the King 's Chief Officers and Governors of the State of the Kingdom The Answer 3 Ib. Ro. was The King hath enough sufficient Officers at present and will change them at his pleasure On Easter 5 Knighton col 2676. n. 30 40 50 60. A. D. 1387. The Duke of Lancaster's Day next following the Duke of Lancaster with his Wife came to take his Leave of the King to whom he gave a Crown of Gold and the Queen gave another to his Wife and the King commanded all about him to call and Honour him as King of Spain 6 Ibm. Voyage into Spain and what he did there On the 9th of July all things being prepared for the Expedition he set sail with 20000 Men for Spain whereof in the Marshall's Roll 2000 were Men at Arms and 8000 Archers in which Army several very great Men were the Chief Officers 7 Ib. col 2677. n. 10 20. He had with him his Wife Constance the Eldest Daughter of Peter King of Castile c. for his Tyrannies called the Cruel who died without Issue Male by whom he claimed that Kingdom and Katherin his only Daughter by her and Two Daughters by his first Wife Blanch Daughter and Heiress to Henry Duke of Lancaster Philip and Elizabeth Peter King of Castile was Son of Alphonso the Sixth King of Castile c. upon whom Henry II. a Bastard Son of Alphonso usurped the Kingdom He Married his Daughter Philip by his first Wife Blanch to the King of Portugal and his Daughter Katherin the true Heiress of the Kingdom of Castile by his Wife Constance to John the Son of Henry the Bastard and Usurper 8 Walsingh f. 342. n. 30 40. but so as if they had no Issue the Inheritance of the Crown was to be and remain to the Son of Edmond Duke of York Brother to the Duke of Lancaster who had Married Isabel the Younger Daughter of King Peter the Cruel Upon these Terms and a mighty Sum of Money paid by Henry the Bastard to the Duke and an Annuity of 10000 l. a year to him and his Dutchess Constance for their Lives a Peace was concluded between the Vsurper and the Duke and the Affair of Castile or Spain settled after which he went into Aquitan and stayed there and in Spain more then Two years and then returned into England in the beginning of November 1389. Knighton 9 Ut supra says the Money paid down to the Duke of Lancaster was an immense Sum and that he was told by one of his Family and Retinue in this Voyage that for the second Payment the King of Spain sent him Forty seven Mules laden with Gold in Chests 1 Walsingh f. 323. n. 60 c. Knighton ut supra n. 40 50 60. As he sailed into Spain he landed some Forces in Britany and relieved Brest that was then besieged by the Duke of that Country This year Writs were issued for calling a Parlement on the First of October at Westminster dated 2 Rot. Clause 10 Ric. II. M. 42. Dors The Duke of Suffolk Michael de la Pole Aug. 8. wherein Michael de la Pole Earl of Suffolk and then Chancellor of England was impeached by the Commons in several Articles 3 Rot. Parl. 10 Ric. II. n. 6. impeached by the Commons The first and chief Article was That he was Sworn as Chancellor to procure the Profit of the King That he purchased of the King Land Rents and Tenements to a great value contrary to his Oath not considering the Necessity of the King and Kingdom and that he being Chancellor at the time of the Purchase caused the yearly Rent of the Lands to be undervalued very much in deceit of the King The residue of the Articles were much of the same Nature for Deceiving
the King and Lords to Record their Default and proceed to Judgment Thereupon 2 Ibm. the King and Lords Deliberate upon their Demands until next day being Tuesday when the Justices Serjeants and other Sages of the Law of the Kingdom and also the Sages of the Law Civil were charged by the King to give their Loyal Counsel to the Lords of Parlement how they should proceed in the Case of Appeal The said Justices Serjeants and Sages of both Laws having Deliberated answered the Lords in Parlement That How they were to be Tryed they had noted and well understood the Tenor of the Appeal and that it was done neither according to the Order of one Law or the other Upon which the Lords in Parlement Deliberated and by the common assent of the King and Lords it was declared That in such high Crimes which touched the Person of the King and the State of the whole Realm perpetrated by Persons that were Peers of the Realm with others the Case could not be brought under other Judicature then that of Parlement nor other Law then the Law and Course of Parlement and that it belonged to the Lords in Parlement their Franchise and Liberty of ancient Custom of Parlement to be Judges in such Cases and to Judge of such Cases by the assent of the King to the 3 Ibm. intent that the King and Lords of Parlement shall not be Ruled or Governed by the Civil Law and also that so high a Case should be no where Tryed but in Parlement by Process or Order used in any Inferior Court of the Kingdom which Courts are but the Executors of the ancient Laws and Customs of the Realâ—â— and Ordinances and Establishments of Parlement and the Lords were advised by assent of the King That this Appeal was made and affirmed well and duely Stated and the Process of the same good and effectual according to the Laws and Course of Parlement Upon which the Appellants press the King and Lords again to Record the Default and that Nicholas Brembre who was only in Custody might be brought to answer The Appealed were again called to come and Answer to the said Appellants and came not nevertheless the King and Lords advised for their better Deliberation until the Morrow being Wednesday the 5th of February at which time the said Appellants prayed the King and Lords in Parlement they would Record the Default of the Appealed as before Whereupon the Arch-Bishop of Canterbury for himself and all other Bishops his Suffragans and all other Lords Spiritual of his Province made 4 Ibm. and Append. n. 108. Protestation and delivered it in Writing into Parlement for the saving of their Right of Peerage Sitting and Voting in Parlement tho at present there were such Matters there in Agitation as by the Sacred Canons they might not be present Then the Appealed 5 Ibm. The Appealed appear not by Command of the King and Lords were solemnly called to appear as before and the Appellants alledging they had full notice of the Appeal and the King and Lords being satisfied it was so by reason they came not their Default was Recorded whereupon the Duke and Earls Appellants prayed the King and Lords as before they might be Judged Convict of the High Treasons contained in the Appeal and the said Nicholas brought to Answer The King and Lords took time to Consider and Examine the Articles whether they could give such Judgment in this Case as should be to the Honour of God the Honour and Profit of the King and the whole Kingdom The King Commanded the Lords to Examine the Articles who did with great labour and diligence until Thursday the 13th of February and then declared many of the Articles contained Treason as the First Second Eleventh Twelfth Fifteenth and Sixteenth as also the Eighteenth Twenty ninth Thirtieth Thirty first Thirty second the Thirty seventh Thirty eighth and Thirty ninth were Treason And then upon due Information of their Consciences pronounced the Appealed Guilty and Judged them to be 6 Ibm. Their Judgment Drawn and Hanged as Traitors and Enemies to the King and Kingdom and that their Heirs should be Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and that the Temporalities of the Arch-Bishoprick should be taken into the King's hands And for that the like Case had not been seen in the Kingdom concerning the Person of an Arch-Bishop or Bishop the Lords would Advise by Assent of the King what they may best do for the Honour of God and of Holy Church and the Safety of the Laws of the Land Then the Duke and Earls Appellants prayed Sir Nicholas Sir N. Brembre brought to answer Brembre might be brought to Answer and on Monday the 17th of February the Constable of the Tower brought him into Parlement 7 Ibm. where the Articles of Appeal were read to him to which he pleaded Not Guilty in any Point of them and said he was there ready to make good what he said by his Body as a Knight ought to do The Lords answered Battel did not lie in that Case and that they would examin the Articles touching the said Nicholas and take due Information by all true necessary and convenient Ways that their Consciences might be duly informed what Judgment to give in this Case to the Honour of God the Honour and Profit of the King and his Kingdom as they would answer it before God according to the Course and Law of Parlement During this Examination on Wednesday the 19th of February Sir Robert Tresilian was taken and brought into 8 Ibm. Sir R Tresilian taken and brought into Parlement Parlement and being asked if he had any thing to say which had happened since Judgment passed upon him why execution thereof should not be made for that he had nothing to say it was commanded he should be carried to the Tower and from thence drawn through the City of London and forward to the Gallows at Tyburn and there to hang by the Neck and that the Execution should be done by the Marshal of England taking to his Assistance the Major Sheriffs and Aldermen of London And he was Executed the same Day On the morrow 9 Ibm. Sir N. Brembre Sentenc'd and Executed which was the 20th Day of February Sentenc'd and Executed Sir Nicholas Brembre was brought into Parlement when the Lords by diligent Examination due Proof and Information found him Guilty of High Treason and they Awarded by Assent of the King as a Traitor and open Enemy to the King and Kingdom he should be Drawn and Hanged his Heirs for ever Disherited and his Lands Tenements Goods and Chattels forfeit to the King And he was Executed on the same Day and in the same manner as was Robert Tresilian It was the Intention 1 Ibm. The Parlement Judge the King innocent notwithstanding the Appeal and Articles of all the Lords of Parlement Spiritual and
Temporal as well the Lords Appellants as all others and by them agreed That considering the tender Age of the King before that time and the Innocency of his Royal Person that nothing contained in the Appeal nor in any Article thereof nor in the Judgments given should be accounted any Fault or Dishonesty in his Person in no manner for the Cause abovesaid nor should turn in Prejudice of his Person by any Contrivance or Interpretation whatever but that the false Treason and Default abovesaid should be charged upon the Appealed and that the Judgments given against them should have full Force and Virtue notwithstanding any thing could be said or alledged to the contrary Upon 2 Ibm. Several others impeached by the Commons Monday the 2d Day of March next following Sir Robert Belknap late Chief Justice of the Common Bench Sir Roger Fulthorp Sir John Holt Sir William Burgh late his Companions of the same Bench Sir John Cary late Chief Baron of the Exchequer and John Loketon late Serjeant to the King were accused and impeached by the Commons in Parlement for putting their Hands and Seals to the Questions and Answers aforesaid by the Procurement of the Appealed and Convicted Persons of Treason to cover and affirm their High Treasons c. pour coverer affermir lour hautes Tresons a Copy whereof was exhibited and read before them and they were answered as was surmised by the Commons in the said Copy and they answered They could not gainsay it but that the Qustions were such as were asked them but the Answers were not such as they put their Seals to Sir Robert 3 Ibm. Sir R. Belknap his Excuse Belknap pleaded That the Arch-Bishop of York in his Chamber at Windsor told him That he devised the Commission and Statute c. That the King hated him above all Men and that if he found not some way to make void the Statute and Commission he should be slain as a Traitor He answered That the Intention of the Lords and such as assisted at the making of them was That they should be for the Honour and good Government of the State of the King c. That he twice parted from the King dissatisfied and was in doubt of his Life and said the Answers were not made by his Good-will but contrary to his Mind by the Threats of the Arch-Bishop of York Duke of Ireland and Earl of Suffolk and that he was Sworn and Commanded in the Presence of the King upon pain of Death to conceal this matter as the Counsel of the King And prayed for the Love of God he might have Gracious and Merciful Judgment Sir John Holt 4 Ibm. Sir J. Holt made the same Excuse alledged the same matter of Excuse and made the same Prayer Sir William 5 Ibm. Sir W. Burgh and Sir J Cary the same Burgh and Sir John Cary pleaded the same matter of Excuse and made the same Prayer Sir Roger 6 Ibm Sir R. Fultâ—orp and J. Loketâ—n the same Fulthorp and John Loketon make the same Excuse and Prayer To which 7 Ibm. Notwithstanding their Excuses the Commons pray they may be Judged Convicted and Attainted as Traitors the Commons answered They were taken and holden for Sages in the Law and the King's Will was That they should have Answered the Questions as the Law was and not otherwise as they did with Design and under colour of Law to Murder and Destroy the Lords and Loyal Lieges who were Aiding and Assisting in making the Commission and Statute in the last Parlement for the good Government of the State of the King and Kingdom and therefore the Commons pray they may be Adjudged Convicted and Attainted as Traitors Upon 8 Ibm. which the Lords Temporal took time by good Deliberation to examin the Matter and Circumstances of it and for that they were at and knew of the making of the Statute and Commission which they knew were made for the Honour of God and Their Judgment for the good Government of the State of the King and whole Kingdom and that it was the King's Will they should not have otherwise Answered than according to Law and had Answered as before They were by the Lords Temporal by the Assent of the King adjudged to be Hanged and Drawn as Traitors and their Heirs Disherited their Lands Tenements Goods and Chattels to be forfeit to the King On 9 Ibm. J. Blake impeached Tuesday March 3. John Blake and Thomas Vsk were brought into Parlement and first John Blake was impeached by the Commons That being retained of Council for the King drew up the Questions to which the Justices made Answer and contrived with the Persons Appealed that the Lords and others the King 's Loyal Lieges that caused the Commission and Statute to be made in the last Parlement to have them indicted in London and Middlesex for Treason and that they might be arrested and falsly traiterously and wickedly murdered and that he was aiding and advising in the Treasons aforesaid to the Appealed Then Thomas 1 Ibm. T. Usk accused Vsk was accused for procuring himself to be made Vnder-Sheriff of Middlesex to the end to cause the said Lords and Loyal Lieges to be Arrested and Indicted as hath been said before and was Aiding and Counselling the Appealed in the Treasons aforesaid John 2 Ibm. Their Answers Blake answered he was retained of Counsel for the King by his Command and sworn to keep secret his Advice and whatever he did was by the King's Command whom he ought to obey And Thomas Vsk gave the same Answer Whereupon the Lords Temporal took Deliberation until the morrow being the 4th of March when the said John and Thomas were again brought into Parlement and good Advice and Deliberation having been taken by the Lords pronounced them Guilty of the things whereof they were accused 3 Ibm. And Judgments And whereas they alledged for their Excuse the King's Command it made their Crime the greater for that they knew well that the Appealed and Adjudged accroached to themselves Royal Power as said is before and it was their Command and not the King 's and then the Lords Awarded by Assent of the King they should both be Drawn and Hanged as Traitors and open Enemies to the King and Kingdom and their Heirs Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and they were Executed the same Day On 4 Ibm. Sir â— Bâ—â—â—nâ—p and 5 others Friday the 6th of March Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon were brought into the Parlement and the Lords were advised That they were at the making of the Commission and Statute in the last Parlement and Sir John Cary knew well they were made to the Honour of God and the good Government of the State of the King and the whole Kingdom and so on as before And then
they had Judgment again passed on them as before By the Mediation of the Bishops had their Lives spared and at that very Moment came the Arch-Bishop of Canterbury and all the Bishops of both Provinces and prayed the Lords Temporal the Execution as to their Lives might be respited that they might obtain their Lives of the King He ordered Execution should be stayed and granted them their Lives As to the other part of their Sentence that was to remain in force and their Bodies in Prison during the King's Pleasure until the King by Advice of the Lords should direct otherwise concerning them On the same 5 Ibm. The Bp. of Chichester and the King's Confessor impeached Friday Thomas Bishop of Chichester and the King's Confessor impeached and accused by the Commons That he was present at the Places and Times when the Questions were put to the Justices c. and the Answers made and excited them by Threats to answer as they did knowing the false Purposes and Treasons designed by the Traitors adjudged and aided and assisted them and would not make Discovery to any of the Lords that caused the Commission to be made last Parlement whereby Remedy might have been had for the Safety of the King and Kingdom 6 Ibm. To which the Bishop answered of his own free Will That he did not excite them to do or say any thing And further said They were not excited or charged to say any thing but what the Law was And touching the Concealment of the Treasons he had made such Assurance and Affiance as he could not discover And said further That the Traitors were about the King and had such Power over him before he had so great Interest in the King as to prevent such Mischiefs as might come upon him The Commons replied He had upon the Matter confessed himself Guilty and prayed he might be Attainted Upon this Answer of the Bishop the Replication of the Commons and all Circumstances of the Accusation the Lords took time to give such Judgment as might be for the Honour of God and Profit of the King and Kingdom 7 Ibm. Sir S. Burley and 3 others impeached During which time on the 12th of March Simon Burley Kt. John Beauchamp of Holt Kt. John Salisbury Kt. and James Barners Kt. were brought into Parlement and at the Request of the Commons impeached The Articles exhibited against them were Sixteen 8 Ibm. The Articles against them The first Article in the Appeal was the first Article in this Impeachment In the second Article they are accused as Traitors and Enemies of the Kingdom for that they knew of all the Treasons in the Appeal mentioned and that they were Aiding Assisting Counselling and Assenting to all the Traitors attainted and that Simon Burley and John Beauchamp were Principal Actors in all the Treasons In the eighth Article they were accused for Conspiring and Designing with the Five Appealed to destroy and put to Death those who were Assenting to the making of the Commission and Statute in the last Parlement The rest are of less moment but all relating to the Articles of the Appeal 9 Ibm. They all answer Not Guilty The Commons replied They were Guilty The Lords take time to examin and consider the Impeachment Upon this and the Bishop of Chichester's Impeachment the Lords Temporal until Friday the 20th of March on which Day the Parlement was Adjourned unto the Monday next after or on the morrow of the Quinden of Easter or 13th of April On which Monday the Lords Temporal took time to Deliberate upon these Matters until the 5th of May when Simon Burley was brought into the Parlement and the Lords by due and sufficient Examination and Information found him Guilty of what he was Impeached in the eighth Article which had been adjudged Treason and by Assent of the King Awarded he The Judgment against Sir S. Burley who was executed should be Drawn Hanged and his Head Chopped off The King Pardoned his Drawing and Hanging but his Head was Chopt off the same Day on Tower-Hill His Heirs were Disherited for ever and his Lands Tenements Goods and Chattels forfeit to the King as part of the Judgment On the 12th of 1 Ibm. The 3 others had the same Judgment and executed March John Beauchamp John Salisbury and James Barners were brought into Parlement and had the same Judgment Beauchamp and Barners had their Drawing and Hanging Pardoned and had their Heads struck off on Tower-Hill and were all Executed on the same 12th of March. On the same Day the 2 Ibm. Judgment against the Bp. of Chichester Bishop of Chichester was sent for into Parlement where the Lords Temporal found him Guilty of Treason as it was laid in the Impeachment and by Assent of the King they Awarded his Heirs should be Disherited his Lands Tenements Goods and Chattels forfeit to the King and the Temporalties of his Bishoprick seized into the King's hands As to his Person the Lords would advise what to do for the Honour of God and Holy Church and the Safety of the State of Prelacy and of the Laws of the Land And then in the same Parlement it was 3 Ibm. He was with 6 others banished into Ireland Ordained That this Bishop Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon should be sent into Ireland to several Towns and Places there to remain during their Lives 4 Ibm. Their allowance from the King by Order of Parlement And it was also then Ordered That Sir Robert Belknap and Sir Roger Fulthorp for their support during their Lives should have Forty Pounds a Year Sir John Holt and Sir William Burgh Forty Marks a Year Sir John Cary and John Loketon Twenty Pounds a Year of the King's Gift and each of them to have Two Servants to wait on them And that the Bishop of Chichester might have annually Forty Marks for his Sustenance during his Life if any of his Friends would give him so much Upon 5 Stat. at Large 11 Ric. II. c. 1. Four Petitions of the Commons Râ—â— Pâ—rl 11 R c. II part 1. n. 37. That the Commission and Statute should be confirmed Also what the Duke of Glocester Earls of Warâ—â—â— Arâ—â—dâ—â— Dâ—â—by and Nottingâ—â—m did Petition of the Commons the Ordinance and Commission made the last Year were confirmed and all that was done in that Parlement and also what the Duke of Glocester Earls of Warwick and Arundel did and all that the same Duke and Earls with the Earls of Derby and Marshal or any of them did or any other of their Company or of their Aid or of their Adherents or any of them by their Assemblings Ridings Marchings in Arms Appeals and Pursuits as things done to the Honour of God the Safety of the King Maintenance of his Crown and Safety of the whole Kingdom And also in pursuance of the same Petition had
under the protection of their Franchises and were detained by the Inhabitants of those Places might have power to enter such Places and seize and bring away their Villanes The Answer was the same with the foregoing According to the Request of the Commons the 7 Walsingh f. 347. n. 10 20. Mezeray f. 413. The Truce between England and Fr. continued for a year longer Duke of Lancaster went into France to Treat of a final Peace he was splendidly received at Amiens by the King and chief Nobility of that Kingdom who met him there The Issue of the Treaty was That the Truce should continue for One year longer for the Observation of which both Kings made Oath The King about this time wanted Money and sent to the City of London to borrow a Thousand Pounds who 8 Knighten Col. 2740. n. 10. c. Walsingham ut supra n. 50. c. The City of London deny to lend the King a Thousand Pounds And almost killed a Lumbard that lent it him denied to lend him it and abused and beat a Lumbard so grievously that offered to lend it as they near killed him for this and other things by advice of a great Council held at Nottingham their Liberties were seized and being convinced they had forfeited them Their Liberties seised The Major and Sheriffs imprisoned Their Liberties restored by the Mediation of the Duke of Glocester the Major and Sheriffs were sent to Prison and Sir Edward Dalyngrug was made Guardian of the City On the Assumption of the Virgin Mary or 15th of August the King with a great Train of the Nobility with his Queen went into the City where he was most Honourably and Nobly Received and Presented both himself and Queen and not long after by the Mediation of Friends especially the Duke of Glocester the Liberties of the City were Restored with Power of choosing a Major as before In the Parlement holden on the Quindene of St. Hillary in the The Earl of Arundel against the Duke of Lancaster Seventeenth of this King the Earl of Arundel declared several things the King had done for the Duke of 9 Rot. Parl. 17 Ric. II. n. 11. A. D. 1393 1394. He asks the Duke's Pardon in Parlement Lancaster that were against his Honour and Profit but they were such as the King answered them all himself and justified them and he was by the King and Lords ordered to ask his Pardon in full Parlement which was done The King Lords Knights of Honour and Justices in this Parlement 1 Ib. n. 16. The King Lords c. assent to a Peace to be made with France assented to a Peace so as the King did not make Homage Liege and saving also and always the Liberty of his Person and the Crown of England and of his Lieges of the same Kingdom and that he and his Heirs might Resort and have Regress to the Name Title and Right of the Crown and Kingdom of France if the Peace should be broken by his Adversary and his Heirs and also That such Moderations and Modifications should be made that no Consiscation that is seisure of the Dutchy of Guyen might happen Knighton says this was only a Truce for Four years and four months as well by Sea as Land Col. 2741. n. 20. The King charged the Commons to give their 2 Ib. n. 17. Advice in this Matter They Answer by a Schedule given in by the Hands of Mr. John Bussy their Speaker wherein the said Articles of Peace between the King and his Adversary of France were read and partly understood by them and they had considered Three Three Points too high for the Commons to give their Advice in Points that were too high for them upon which they dare not Treat or give Advice to wit Homage Liege Soveraignty and Resort yet referring all and giving their Consent for the good of Peace to what the Lords Knights of Honour and the Justices had consented to before so as Homage should be done for and have Relation to the Dutchy of Guyen only and in no wise to the Crown and Kingdom of England What the Articles of this Peace were it doth not appear upon the Parlement Roll. But the next year by Edward Earl of Rutland Thomas Earl Marshall and of Nottingham and Messire William Lescrop Commissioners for the King of England and the Dukes of Berry Burgundy Orleans and Burbon or any other Two or three of them Commissioners for the King of France * The Original in the Chapter House at Westminster there was a Truce general by Sea and Land agreed for 28 years which was to begin at Michaelmass 1398 when the Truce at Leulingham and the prolongations of it were to end During which Truce all taking of Prisoners Goods and Chattels Fortified Towns Fortresses and other Places all Pillagings Robberies Burnings Demolishing Houses and Walls destroying Fruit Trees and others and all other Feats of War tout autre faits de Guerre were to cease between the Kingdoms Lands and Seigneuries on both Parts and between the Kingdoms Lands Seigneuries and Subjects of their Friends Allies Aydants and Adherents whatsoever And that there should be freedom of Intercourse Commerce Trading and Merchandising between the People and Subjects of one Party and the other In this Truce there is not any mention of Homage Liege Soveraignty or Resort The Treaty Agreement and Articles thereof was Ratified by the King of France on the Eleventh of March 1395 and was afterwards Ratified by the King of England and the Ratifications Exchanged in the year 1396 when on the Feast of St. Simon and Jude or 28th of October both Kings at an Interview not far from Calais sware to the performance of them John Duke of 3 Ib. 20 21. The Dukes of Lancaster and Glocester pray Judgment against Sir Tho-Talbtt and others for Conspiring their Deaths Guyen and Lancaster Steward of England and Thomas Duke of Glocester Constable of England Petition the King and Lords for Judgment against Sir Thomas Talbot and others not named for Conspiring their Deaths and raising Force to do it in the County of Chester That they would Declare the Nature of the Offence and ordain Punishment for it The King was informed and advised the Matter contained in the Bill or Petition was open and High Treason and that it touched him and all the Realm and he and all the Lords Judged and Declared it to be so And because the Matter contained in the Bill of Complaint was notorious and open known to the King and Lords and all the States of Parlement and thro' the whole Kingdom and therefore it was ordered and awarded that Writs should issue returnable into the Kings-Bench to take his Body That Proclamation should be made for him to render himself to stand to the Law if not he was to be holden for Convict as attainted of Treason and all who received him were to incur the same Pain and
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