Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His
Prisoner Candlemass this year Aelionara Daughter to Simon Montfort who had been Contracted to Lewellin Prince of Wales in her Father's Life-time was sent from France to be Married unto him and taken in the Severn not far from Bristol and imprisoned Nothing of Moment to be found from this time until after Michaelmas following when there was a Parlement 4 Totel's Mag. Charta Printed 1576. p. 39. B. A. D. 1276. The Statute of Bigamy holden in which the Constitutions called the Statute of Bigamie that had been recited in the presence of certain Bishops of England and other of the King's Council at which time all the King's Council as well Justices as others did agree they should be put in Writing and published for perpetual Memory and that they should be firmly observed 5 Ib. in fine Status were confirmed or as 't is said in the Close of this Statute were made The Fifth Constitution or Chapter of this Statute from whence it hath its Name was an Interpretation of the Sixteenth Canon of the Second Council of Lyons holden on the First of May 1274 and the Second of this King under Pope Gregory X. in these Words 6 Labbe Tom. 11. Part. 1. Alteroationis antiquae Dubium presentis Dubitationis Oraculo Decidentes Bigamos omni privilegio Clericali Declaramus nudatos coereitioni fori saecularis addictos consuetudine contraria non obstante Ipsis quoque sub anathemate prohibemus Deferre Tonsuram vel habitum Clericalem That is in determining the old wrangling Question we declare that such as have been twice Married are deprived of all the Privileges of Clercs and left to Secular Jurisdiction or Coertion any Custom to the contrary notwithstanding and we forbid them under a Curse either to be Shaven or wear a Clerc's Habit. Certain Prelates or Ordinaries did take the meaning of this Canon to extend only to such as were Bigami or had been twice Married after the making of it and they claimed such as had been twice Married before that time when they were Arraigned for Felony and required to have them delivered to them as such as ought to have the Benefit of Clergy This Challenge produced the following Interpretation of the Canon concerning 7 Totel's Mag. Charta ut supra p. 40. a. b. The Reason of the Statute Bigamists whom the Pope in his Council of Lyons deprived of all Privilege of Clercs by a Canon therein made seeing certain Prelates demanded such as had been so before that Constitution and were accused of Felony to be delivered unto them as Clercs It is Agreed and Declared before the King and his Council that the Constitution be so understood That those who were Bigamists as well before as after the making of it for the time coming should not be delivered to the Prelates but should have Justice done them as Laymen In this Parlement the Clergy and Laity Granted to the King a Fifteenth of all their Goods but seeing 8 The. Wike's Chron. f. 103. the Pope had ordained in the Council of Lyons That the Tenth of all Ecclesiastic Revenues should be paid to the support of the Holy Land and that the Clergy had courteously given him and his Brother Two years Tenths since his Father's Death he urged them not to pay this Fifteenth but Treated with the Bishops and greatest of them for a Voluntary Contribution as they should think fit What this Contribution or Aid was 't is not said but it was not to be drawn into Example or Custom as appears by the King's Protestation in his Letters Rex omnibus c. salutem 9 Pat. 4. Ed. I. M. 6. A. D. 1276. Licet Comites Barones ac alii Magnates Communitas regni nostri Quintam-decimam Omnium Bonorum suorum etiam Venerabilis pater R. Cantnar Archiepiscopus sui Suffraganei propter urgentia negotia nostra subsidium de Bonis suis nobis spontè gratiose concesserunt c. That is the King to all c. Greeting Whereas the Earls Barons other great Men and the Community of our Kingdom Granted us a Fifteenth of all their Goods and the Venerable Father the Archbishop of Canterbury and his Suffragans for our urgent Occasions on their own free Will and Courtesie granted us an Aid of their Goods We by these our Letters do Protest That this Gift proceeded only from their free Good Will and not in the Name of a Fifteenth and that it shall not be urged as an Example or as a Due or Drawn into Custom by us or our Heirs Witness the King at Westminster the First of November Leolin Prince of Wales was 1 Mat. West f. 408. n. 10. Leolin Prince of Wales refuseth to come to the Parlement at Westminster called to this Parlement as he had been to others but would not appear yet sent Meslengers that he might have Peace and for the Daughter of the Earl of Leicester whom he intended to Marry and to obtain this offered a great Sum of Money Which the King Refused neither would he Consent to the Matrimony unless he would Restore the Lands which he had seised and invaded in the Marches to the just Proprietors and Repair the Castles in England which he had destroyed But the Prince not Complying with these Terms he sent Forces to secure the Marches and English Borders from the Irruptions Rapin and Devastations of the Welsh which proved not sufficient to restrain them they still continuing their Invasions and Depredations upon the English And therefore the King in the Fifth year of his Reign issued out his Writs to all the Noblemen and others that held of him by Military Service dated at 2 Ro◠Scut◠Ed. I. M. 8. A. D. 1277. Windsor December the 12th for the Summoning his Army to meet at Worcester 8 days after St. John Baptist next coming which were to this Effect Whereas 3 Ibm. The King summons his Army against him Lewelin the Son of Griffin Prince of Wales and his Complices our Rebels have invaded our Lands and the Lands of our Subjects in the Marches and do daily invade them and commit Murders and other Wickednesses and the same Lewelin refuseth to obey us as he ought to the great Prejudice and Contempt of us and to the manifest Disinheritance and great Damage of you the Person to whom the Writ was directed and other of our Subjects for which we have now cansed our Army Exercitum Nostrum to be summoned A. D. 1278. that it be at Worcester Eight days after St. John Baptist to Repress the Rebellion of the said Lewelin and his Assistants We Command you to be ready with your Horses and Arms and with your Service due to us to go with us from thence against the foresaid Lewelin c. With this Army the King marched from 4 The. Wikes Chron. f 105. Flint and Rethelan Castles built Chester towards Wales in his way there was a great Wood and so thick as
here following The Barons Kill and Imprison the Tenants and Servants of the Spensers This so provoked these Barons and especially the Earl of Hereford that he Complained of the Injury done him to Thomas Earl of Lancaster and they Two drawing a great number of the Barons to them made a Confederacy to live and dye for Justice and destroy Traytors and especially both the Hugh Despensers Father and Son In pursuance of this Confederacy the Earl of Hereford the Barons there named Monsieur Roger de Mortimer the Nephew and the Uncle Monsieur Roger Damory Monsieur John de Mowbray Monsieur Hugh de Audeley the Father and the Son Monsieur Roger de Clifford Monsieur John Giffard de Brimmesfield Monsieur Morice de Berkeley Monsieur Hen. de Tyes Monsieur John Maltravers and many others of that Alliance on the Feast of the Invention of Holy Cross or 3d of May entred into the Lands of Hugh the Younger in Wales while he was with the King doing his Office as Chamberlain by Force and Arms and killed 3 Ibm. They burn pulldown and destroy their Houses and Castles some of his Servants and Tenants others they kept in Prison and some they suffered to be Ransomed burnt pulled down destroyed or defaced all his Houses and Castles and took and carried away the Goods of all sorts which they found upon his Lands or in his Houses and Castles to a very great value 4 Ibm. They carry away their Goods of all sorts From hence they rambled up and down the Country and went into Glocestershire Wiltshire Hampshire and all Counties where Hugh the Father had Lands and begun their Work on Barnaby-day or 11th of June at his Mannor of Fastern in Wiltshire and in all his Lands Houses and Castles and in all things behaved themselves as they had done in those of the Son When they had done these Mischiefs they marched to Sherborn And enter into a Confederacy in Dorsetshire where was at that time Thomas Earl of Lancaster whose the Castle was and others and on Sunday after Midsummer-day they entred into a new or confirmed the old Confederacy The Confederacy of the Earls and Barons against Hugh and A. D. 1320. Hugh le Despenser This Indenture Witnesseth That on the Sunday next after the Feast From the French Copy in the Register of Christ-Church Canterbury f. 242. of St. John Baptist in the 14th Year of the King at Sherborn in Elemede in the presence of the Arch-Biship of York the Bishops of Durham and Carlisle the Earls of Lancaster and Aenegos it was considered That Hugh le Despenser the Father and the Son had ill counselled and moved the King to the Dishonour and Damage of him and of his Kingdom and having heard and understood the Reasons of the Earl of Hereford Roger de Mortimer the Nephew and Vnkle Note That the Addition of Monfieur is put before every of these Names Hugh de Audely the Father and Son Roger Dammory John de Mowbray Maurice de Berkeley Roger de Clifford Henry de Teys John Giffard Thomas Mauduit Gilbert Talbot and other Great Men and others of the Marches i. e. of Wales And notice of Information having been given to the Earls of Lancaster and Aenegos Monsieur Robert de Holland Fonk de Estrange Stephen de Here also the same Addition is put before every of their Names in the French Copy Segrave William le Latimer John Devery John de Harrington Adam de Swimnington William de Kyme Marmaduke de Tweng Richard Walleys Robert Pierpount Ranulph Dacre Edmund Deyncourt Thomas Willeby William de Penington Ralph de Nevill Giles de Trumpyton John de Beker Adam de Hodeleston Michael de Haverington Adam de Everingham William Trussel Robert de Rigate Robert de Richer John de Clifford Henry de Bradbourn Nicholas de Langeford John de Brekeworth Thomas Wycher John de Cliff Thomas de Longuevillers Edmund de Nevill Gaslelin Daniel That the Earl of Hereford Monsieur Roger de Mortimer and other Great Men of the Marches and others above-named have begun Quarrels and Complaints against Monsieur Hugh the Father and Son and that 't is done to the Honour of God the Honour and Profit of the King and of his Kingdom And it seemed to them all that the Oppressions could not be taken off from the People until they had Hugh the Father and Son in their possession or they were banished And it was with one Assent of them all there whoever they were That the Quarrels or Complaints before named should be maintained to the Honour of God and of Holy Church to the Profit of the King the Queen and their Children and the Safety of the Crown and People And so as the Earl of Lancaster and other Great Men which began this Quarrel will maintain it so the Earl of Aenegos and all named after him with them will maintain it with all their Power And whenever the Earl of Lancaster and other Great Men shall leave the Quarrel the Earl of Aenegos and all those named after him may leave it without being accused or questioned for it And to maintain these things the Earls of Aenegos and all others after him put to their Seals This was the part of the Indenture Agreed and Sealed to by the Earl of Aenegos From whence they march to St. Albans plundering Victuals 8 Wals Hist f. 114. n. 10 20 30 40. every where in their March and oppressing the Poor 5 Per viam diripientes ubique Victualia Pauperes Terrae Gravantes from whence they sent the Bishops of London Salisbury Ely Hereford and Chichester then at St. Albans to make Peace to the King at The Barons come to St. Albans and send 5 Bishops to the King to Banish the a Spensers The King's Answer to the Bishops London not only to send Hugh and Hugh the Two Traytors from his Court but also out of the Kingdom The King's Answer was That Hugh the Father was beyond Sea in his Service and Hugh the Son was at Sea for the Guarding of the Cinque-Ports according to his Duty and that according to Right and Custom they ought not to be Banished without answering for themselves The King had 6 Rot. Claus M. 5. Dors 14. Ed. II. He summons a Parlement The Barons came to London with Horse and Arms And keep a Council by themselves come not to the Parlement at Westminster And then made the Award against the Despensers as appears by the Revocation as above The Award made by the Barons against the Spensers fummoned a Parlement on the 15th of May to meet three Weeks after Midsummer or the 15th of July at Westminster The Barons upon the receipt of the King's Answer go to London with Horse and Arms notwithstanding the King had commanded them to come to the Parlement in due manner there they held a Council by themselves and came not to Westminster as they were summoned but remained in London with Horse
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
to the Precept he had recovered Seisin by the Jugment of the Guardians When John King of Scotland disseised him again of the same Lands and Tenements and that he might not further prosecute his Right imprison'd him and caused an unjust Judgment to be given against him in Contempt of the King of England and Superior Lord of Scotland and to his own great Damage The King of Scots 5 Ibm. f. 158. The King of Scots appears appeared before the King and his Council in his Parliament after Michaelmas and denied all Contempt of the Lord his King and said he had not Day to Answer the said Magdulph who Replied He had that very Day appointed him to Answer by the King 's 6 Ibm. fol. 154 155. the Writ it self The Particulars of the Pleadings on both sides Writ delivered to him by the Sheriff of Northumberland at Strivelin on the morrow after St. Peter in Bonds that is the 2d of August which sufficiently appeared by the Return of the Sheriff and the King of Scots being asked whether he had the Writ delivered to him by the Sheriff confessed it and was then urged to answer 7 Ibm. f 158. when He said he was King of Scotland and that he dare not Answer to Magdulph ' s Complaint or any thing that concerned his Kingdom without the Advice of his Subjects sine Consilio * These Probi homines could not be the Common or Ordinary People proborum hominum Regni sui and Magdulph demanded Judgment against him as saying nothing 8 Ibm. f. 159. Then he was told by the King he was his Liege-Man and did unto him Homage and Fealty for the Kingdom of Scotland and was ordered to come thither to answer or say why he would not or ought not to answer before him and he said as before The K. of Scots dare not Answer without advice of his People That he Could not nor Dare answer to any thing that concerned his Kingdom without consulting his People inconsultis probis hominibus Regni sui Vpon this he was told he might require another Day he answered He would require none It was then agreed That the Principal Plea belonged to the King and that he made no Defence against Magdulph 9 Ibm. and because he would not require Day or shew Cause why he ought not to Answer in Elusion of the King's Jurisdiction and Superiority it was Judged a Contempt and Disobedience to him and that Three of his Principal Castles of Scotland should be Seized into his Hands and so remain till he had given Satisfaction for his Contempt and Disobedience But before the Pronounciation of the Sentence he came before the King and his Council and made Supplication to the King with his own Mouth ore suo proprio and Delivered it unto him with his own hand in Writing in 1 Ibm. f. 159 160. He Petitions K. Edward for leave to advise with them and for longer time French to this purpose Sire jeo suy vostre home du Royalme de Escoce c. Sir I am your Man of the Realm of Scotland and pray you for what I am come hither for which concerns the People of my Kingdom as well as my self That you would forbear me while I speak with them that I may not be surprized for want of Advice for that those that are with me will not nor ought to advise me without others of the Realm and when I have advice from them I will answer at your first Parlement after Easter and will behave my self towards you as I ought to do The King advising hereupon at the Instance of the Great Men of his Council and with the Consent of Magdulph granted his Prayer and gave King Edward grants his Request him Day until his Parlement after Easter on the Morrow of the Holy Trinity This is what is to be found in Ryley's Parliament Pleas about this Case and now we return to the Record again Which 2 Rot. de Superioritate Regis Angliae c. ut supra The K. at War with France and Wales Parlement at St. Edmunds-Bury A. D. 1295. 23 Ed. 1. tells us That on that Day the Parlement ceased or was not holden Parliamentum cessavit sive non tenebatur for that the King was Engaged in War lately raised against him in divers Countreys as with the King of France in Gascony and with the Welsh in Wales Yet the suit between the King of Scots and Magdulph which had begun before the Justices of the King's-Bench in Parlement was Continued and Prorogued Loquela c. Continuata fuit Prorogata To the Parlement next to be holden which was afterwards Summoned to be at St. Edmunds-Bury on the Feast of St. Martin in Winter that is November 11. which was in the 23d Year of King Edward and in the Year from the * The Publick Notary that Drew up this Record always begins the Year at Christmas Nativity of the Lord 1295. The King of England 3 Ibm. Magdulph prosecutes his Plea in that Parlement The King of Scots appears not but sends his Excuse was at St. Edmunds-Bury that day and there held his Parlement where Magdulph strenuously prosecuted his Plea But the King of Scots instead of appearing in Person sent the Abbot of Abirbrothok with other Noblemen of that Kingdom to King Edward with Letters to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed at the Day given or appointed him Quod nec tunc nec prius juxta quod Diem habuerat ad Curiam suam in praeteritis Parliamentis accesserat Excusavit pretending certain Causes of Excuse that he could not come in his own Person This Abbot 4 Ibm. The Abbot and others that came to Excuse the K of Scots Demand Satisfaction for Injuries done them The Answer to their Demands and those that came with him brought not only an Excuse but a Quarrel and Demanded of King Edward Satisfaction for many and great Injuries Oppressions and Grievances sustained by the Scots from his Subjects To whom after deliberation this Answer was given That the King of England for certain Causes was coming toward the North parts and that the King of Scots should then have sufficient Recompence to his own Content for all Injuries could be proved done to the Scots by his Subjects of England and then appointed him a Day in the same Parlement by the Continuation and Prorogation of the Justices representing his Person against Magdulph the First Day of March next following The King of Scots summoned to appear at a Parlement at Newcastle at Newcastle upon Tyne Then expecting his being there enjoyn the Abbot and those with him to give Notice to their King he should then Personally appear to Treat with the King of England about the Premisses and other Things touching the State and Tranquility of both Kingdoms and their Inhabitants While the King was
the Report of all Historians and as the Monk of 3 Fol. 429. n. 30. The Clergy put out of Protection Westminster says the Clergy were also put out of the King's Protection and so as the Lawyers were prohibited to plead for them before the Barons of the Exchequer or any Temporal Judge and that all in Orders were commanded freely to pay to the King the Fifth part of their Revenue or quit their Estates Sponte offerre sibi suorum proventuum quintam partem aut invitè cedere omnibus Bonis suis The first that complied and obeyed this Command were some Shaveling Prelates in Court but in the Cure of Souls manifest Pirates that they might bring in others to the like Compliance The Monk thinks he Latines this very sharply and wittily 4 Ibm. Huic mandato primitus obtemperaverunt quidam Tonsorati in Curia Regali Praelati in Cura vero animarum Pilati manifesti ut inducerent pari modo animos caeterorum However it was before this Writ issued the Clergy especially The Clergy of the Province of York comply with the King and receive his Protection of the Province of York and more particularly of the Dioceses of York and Carlisle having great Apprehensions of the King's Anger and their own Condition by early application and granting the Fifth of their Benefices and Goods for the Defence of themselves and their Churches against the Invasion and Attempts of the Enemies of the Kingdom obtained his Protection 5 Append. n. 19. for themselves Tenents Lands Rents Goods and all their Possessions whatever which were to be protected maintained and defended from all Injury Trouble and Damage until the Feast of All-Saints next This Writ of Protection bears Date at Walsingham Febr. 6. in the 25th of his Reign and only by Privy Seal but on the 18th of the same 6 Ibm. month passed the Great Seal by Warrant from the King The same 7 Append. n. 20. Protection was given to the King 's beloved Clerk Iterius de Ingolisine Arch-Deacon of Bath his Tenents Many others submit and receive the King's Protection Lands Rents and Possessions and for the same time that is unto the Feast of All-Saints Dated at Kings-Langley in Hertfordshire the 18th of February and the same was granted 8 Ibm. to John de Melingham Lambert de Trikingham John de Lacy Radulph de Staunford John de Drokensford and an Hundred and twenty others dated at the same time and place and to as many as would submit and seek for them Besides these Writs of Security and Protection to such whose Writs of Restitution granted to the Clergy Lands were not seised nor Goods taken he also granted Writs of Restitution to those whose Lands and Possessions had been seised and their Goods taken As for Example take one 9 Append. n. 21. for many which was granted to the Prior and Brethren of the Hospital of St. John's of Jerusalem in England Dated at Ambresbury in Wiltshire the 25th of February in the 25th of his Reign Great Numbers of other Writs of Protection and Restitution granted to Bishops Parsons Vicars Abbats Abesses Priors Friers and other Ecclesiastick or Religious Persons may be seen and perused in the Close Roll 25 Ed. I. M. 22. to M. 26. Many there were that through Negligence or want of Satisfaction They enter into Recognisances to save their Estates concerning the King's Proceedings or to avoid Trouble or some other Cause had not complied and taken out their Protections these the King by his especial Favour as he says in the Writ admitted to enter into Recognisance to pay the Fines or Composition set upon them by one Knight and the Sheriff of the County his Commissioners and so their Estates and Goods were free from seisure Others there were that invented and spread News amongst the People by which Discord might happen between the King and his Prelates Earls Barons and other Great Men to the Disturbance of the Peace and Subversion of the Kingdom who also publish Admonitions and Excommunications against the King's Officers for seising and taking the Lands and Goods of those as refused to pay Taxes and such as had Complied and Received the King's Protection The Writs or Commissions themselves Translated from the French 1 Append. n. 22. Record with the Proceedings thereupon do here follow Edward by the Grace of God c. To Monsieur Adam de Wells and the Sheriff of Lincoln Greeting Whereas of late we have conceived The Writs or Commissions for taking Recognisances of the Clergy Displeasure and Indignation against some Clerks of holy Church not without their desert who being within our Realm and under our Protection wholly refused to give an Aid for the Defence of the whole Realm and the English Church We knowing they are not sufficiently mindful or knowing of the Perils which may happen to the whole Realm and Church of England through their default willing to do them special favour at this time tho they deserve it not have assigned you both or one of you if both cannot meet together to receive in our Name Recognisances of Prelates and others of holy Church whatever they be in the County aforesaid according to their Estates who will have our Protection in the Form that is sent and enjoined you by us and to certifie our Chancellor of the Names of those that have made such Recognisances and to certifie also the Treasurer and Barons of the Exchequer of such Recognisances having been received so as nevertheless the Recognisances be made between this and Easter next and not after And hereby we Command you to do the things aforesaid according to the Form here-under directed In Witness whereof we have caused to be made these our Letters Patents to be in force for the time abovesaid Given at Clarendon the first day of March in the 25th of our Reign The Second Writ or Commission Edward c. To Monsieur Adam de Wells and the Sheriff of The second Writ or Warrant for the apprehension of Inventors or Dispersers of News Lincoln Greeting We perceiving that Inventers of News by which Discord may arise between us and our Prelates our Earls or Barons and our other Great Men tending to the Disturbance of our Peace and Subversion of the Kingdom making themselves ready with mortal Enmity and force of Arms to assault the Realm not willing to let such Malice pass without Restraint We assign you to enquire and search by all ways you can for Malefactors and Disturbers of our Peace and Dispersers of News or such as do or would hinder the execution of our Commands or give or publish Sentence of Excommunication And Publishers of Excommunication against the King's Ministers and Subjects privately or openly against our Ministers and Subjects or Adherents for Executing our Commands for the Profit of our Realm or against Persons of holy Church that have put themselves under our Protection for to
Execution was done thereon And for that his Oath the Right of the Crown of England his Reasons and Claims as also the Right Reasons and Claims of all others might be safe He tho' the Commissioners had brought to him what they had done yet because the Prelates Earls Barons and all other Great Men of the Kingdom in whose presence he would have his own and the Reasons of others propounded and heard according to whose Advice he intended to proceed especially for that they were bound with him by Oath to Observe and Maintain the Laws or Rights of the Kingdom and his Crown Jura Regni Coronae Nostrae were not then present with him And for that likewise those who were to propound their Reasons concerning this Matter had no notice of it without whom a good End could not be put to it and because this Business might be Dispatched without further Delay willing to have Conference and Treaty with the Prelates Earls Barons and Gentlemen aforesaid and with others of the Community of the Kingdom upon this Affair and other arduous Matters touching himself and the state of the Kingdom he Commanded firmly The Sheriffs commanded to send to this Parlement the same Knights Citizens and Burgesses that were in the last enjoining him to cause to come before him at his Parlement at Lincoln in the Octaves of St. Hilary next coming two Knights of his Country or Baylywick That is to say those which came for the Community of the County by his Precept to the last Parlement and also the same Citizens and the same Burgesses for all the Cities and Burghs within his Bayliwic and if any of them were Dead or Infirm then to cause others to be chosen and come in their stead so as that they might be present at the Day and Place aforesaid with full Power to hear and do what should be then ordained for the common Profit of the Kingdom And to cause to be allowed to the same Knights Citizens and Burgesses their reasonable Expences in coming to staying at and going from the Parlement and further he commanded the Sheriff publickly to make Proclamation in the County That all those who would put in any Exceptions against the Perambulations should appear before him in Parlement to shew them Witness the King at the Rose September 26. in the 28th Year of his Reign This is the Full of the Writ of Summons in English wherein the Reasons are given why the Perambulations could not be Received and Considered sooner The Writs to the Bishops Earls and Barons were in the same Form and Words as to the Reasons c. In like manner he 1 Ibm. wrote to the Sheriffs of all Counties there particularly named as well those that had Forests in them as others except Cheshire which then sent no Members to Parlement He 2 Ibm. M. 2. wrote also to the Commissioners that made the Perambulations to be at this Parlement and bring with them those Perambulations and all things that concerned them Amidst these importune Pressures of the Nobility 3 Walsingh f. 78. N. 20. The K. marcheth into Scotland with an Army The Scots demand their K. John Baliol and to Redeem their Lands Both their Requests denied They appear in a mighty Body yet fly before the King the King marched with an Army into Scotland and coming into Gallowey the Great Men of the Scots desired him to permit John Baliol peaceably to Reign over them and that he would suffer them to Redeem their Estates of such English as he had given them to declaring if he would not they would themselves as well as they could But he granted neither of their Petitions Within few Days after the Scots with their Leaders appeared in a mighty Body thinking to Surprize the King and his Army but he and his Son marching toward them they fled to the Hills and Woods About this Time the Scots knowing all things Saleable at Rome richly Present or Bribe the Pope moving him for his Advice and Assistance against their Lord the King of England Scoti cognoscentes 4 Ibm. N. 30 40. The Scots apply themselves to the Pope for Advice and Assistance against K. Ed. Romae omnia venalia Donis Dominum Papam uberrimis ditaverunt petentes ab eo Consilium pariter ac auxilium contra Dominum suum Regem Angliae The Pope complies makes the Archbishop of Canterbury his Legat sends him Letters to deliver to the King with order to shew him his Commands In 5 Ibm. and Mat. West f. 435 346 437. He makes the A. B. of Canterbury his Legate to the King and by his Letter claims Scotland as the Right of the Church of Rome which he Claims the Kingdom of Scotland as belonging to the Church of Rome by full Right pleno jure Requires and Exhorts him in the Name of God to Discharge out of Prison and Restore to their former Liberty all Bishops Clercs and Ecclesiastic Persons and to remove all his Officers whom by Force and Fear he had appointed to Govern that Nation under him and Willed him if he pretended any Right to the Kingdom of Scotland or any Part of it not to omit to send Commissioners fully instructed within six Months after the receipt of his Letters to his presence he being ready to do him Justice as his beloved Son and inviolably to observe his Right if he had any Bringing back and reserving by the Tenor of these Letters all Questions Strifes Controversies whatsoever between him the Kingdom of Scotland the Prelates Clercs and Secular Persons which then had been were or might be for the future to the Cognisance and Determination of the Roman See Decreeing it void if any thing should be attempted to the contrary Dated at Anagni the 5th of the Calends of July or 27th of June A. D. 1300. in the 28th of Ed. 1. The Archbishop was full of Obedience and very quick in repairing He readily obeys the Pope's Commands to the King who was then in Scotland 6 Ibm Fol. 438. l. 2. in the A. Bishop's Letter to the Pope or Certificate what he had done in this Affair And persuades the King to comply with the Pope's Letter preparing for his Journey immediately upon the Receipt of the Pope's Commands and came to him August 25th being then at Dinner in the midst of his Army who appointed him the next Day for the Delivery of the Message which was done and the Pope's Letters presented to the King before Edward his Son the Earls Barons and Knights of his Army in great Multitude who causing them to be Read publickly were patiently heard of all when the Archbishop a sure Friend to the Scots Encouraged the King and Persuaded him 7 Ibm. N. 50. in the same Letter as he says himself by all Ways and Means he could or knew to Obey and Comply with all things in those Letters Then 8 Ibm. withdrawing by the King's Command while he Deliberated
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
Faith upon the Covenants granted them Qui ove lui vindrent a nostre pees a nostre foi par mi les covenances qui leur feurent grantez shall pay for their Ransom paent pur Ranzon amends des trespas par eux faitz c. and Amends of the Crimes by them committed Three years value of their Lands and Rents toward the building of new Castles in Scotland for security of the Nation and preserving the Peace or to other Vses as we shall think fit And we Pardon the said John Comyn and David Graham their Exiles and remaining out of Scotland according to the * * The Covenants made with John Comyn Covenants aforesaid Further 't is Ordained by us and our Council That the People of Scotland which submitted to us before John de Baliol shall pay only the Rents of Two years of their Lands except those that can shew themselves acquitted by our special Grant or Deed. The same Order and Decree was made concerning Adam de Gourdon and Simon de Fraser Kt. Further we Decree and Determine That the Bishops Abbats Priors and the Clergy of the Kingdom of Scotland except the Bishop of Glasco shall pay for their Ransom and their Crimes the value of their Rents and Lands for one year except those that can shew by special Deed or other manner they ought to be discharged The Bishop of Glasco was to be upon the same Terms with John Comyn in all respects and also as to his Banishment which was remitted Further That Ingelram de Umfrevil because he made his Submission but a little while before these Letters were granted should pay Five years value c. And that William de Baliol and John Wychard should pay for the same Reason Four years Rent Further That Hugh de Adrossan John de Gourley John de Naper and John de Makilgoigny who were of the Retinue of the said William Ingelram and John should pay Three years value Further For the time and manner of payment of these Compositions or Fines the King's Lieutenant and Chamberlain of Scotland should make a reasonable and just Extent of the Lands of the Offenders according to the present value of the Lands and according to that Extent the Composition or Fine was to be levied and paid every year at the usual time of Payment half the value and so from year to year till the whole was paid and the other half of their Lands and Rents should remain to them for their support and maintenance And 't is to be known That our Will is not that this Determination should extend to and be understood of such Persons of the Scots as were Prisoners upon this Occasion nor of such as have not submitted to our Peace or Faith In Witness whereof we have caused these our Letters Patents to be sealed at Westminster the 15th of October in the 33d of our Reign The Title of this Patent is Forma pacis Scotiae The Form of Peace of Scotland William Waleys could not be mentioned in this Record having William Walers taken Hang'd Drawn and Quartered been taken about the Feast of the Assumption of the Virgin Mary or 15th of August two months before the Date of it and brought to London where on the Eve of St. Bartholomew he was Condemned to be Hanged Drawn and Quartered his Head to be fixed upon a Pole on London-Bridge and his four Quarters to be sent into Scotland and set up in four parts of the Kingdom Notwithstanding this Establishment the Agreement and Forms A. D. 1306. 34 Ed. I. 5 Mat. West f. 453. n. 10 20 30. The Scots Bishops Noblemen and others Perjured twice or thrice They Conspire against gainst King Edward and set up Robert Brus. John Comyn Murthered because he would not be Perjured A. D. 1306. 34 Ed. I. of Peace by Consent of the Scots and their Commissioners when the King expected nothing but Peace and fair Compliance 5 in January following the same Scots that had twice or thrice done Homage and sworn Fealty to King Edward and the Bishops themselves that had Sworn Faith and Truth to him as heartily as other Men joined with Robert Brus Earl of Carrick in setting up his Title and especially the Bishops of St. Andrews and Glasco and Abbat of Schone who were the great Contrivers of his Design and Assistants in it and begun a War more troublesom and lasting then any before and because John Comyn was very resolute in keeping his Oath and would not join with them being a Man of great Power and Interest in Scotland and much pressed to do it by Robert Brus he with his Followers killed him in the Church of the Friers Minors of Dunfres on the 29th of January and upon the Annunciation of the Blessed Virgin next following he was Crowned at Scone in the presence of the Two Bishops the Abbat and many other Earls Barons and Knights In Easter 6 Ib. f. 454. n. 10. The Pope Absolves the King from his Oath concerning the Perambulations of the Forests Week ensuing the Pope's Bull was published absolving the King from the Oath of Deforesting or laying out of his Forests such Lands as were or ought not truly to be contained in them and abolishing and punishing all Ill Practices and Vsages Tricks and Deceits of his Officers within and belonging to them Excommunicating such as observed it and absolving such as broke it In the Historians it appears not what use he made of this Absolution but in a Writ or Letters upon the 7 34 Ed. I. M. 13 14. The King troubled at the Actions of his Officers Statute Roll with the Ordinance he then made Dated May 28. he Expressed himself much troubled in Mind for the Clamours of the People who as he there says were much oppressed impoverished and injured by the Officers of his Forests and therefore desiring to obviate these Oppressions and Grievances which he could not pass by without great Scandal or Offence Quae absque gravi scandalo diutius sub dissimulatione praeteririe non possumus and to provide for the Peace and Tranquillity of the Kingdom he Emitted the foresaid Ordinance of the Forest Dated May 28. in the 34th year of his Reign Printed in Totel's Magna Charta 1556. Part. 2. p. 67. a. but with this Writ or these Letters which were 8 Ib. Rot. Stat. 34 Ed. I. M. 13 14. sent into every County in England with Command to the Sheriffs to cause them to be read and the Ordinance contained in them to be proclaimed in full County The King being fully informed of the Insurrection and Proceedings of Robert Brus and his Confederates 9 Mat. West f. 454. n. 30 40 50. and f. 455. The King sends an Army into Scotland sent Aymer de Valentia Earl of Pembroke Robert Clifford and Henry Percy into Scotland with a good Force against the new Crowned King and the King intending to follow them summoned his Army to Rendezvous at
Castle It being then doubtful what to do with him whether they should carry him to the King or put him to Death a certain 3 Ibm. Cunning Man and of great Advice answered Quidem vir astutus profundi Consilii respondit That it was to no purpose having been at such Charge and Trouble to take him to hazard the losing of him or to seek him again 4 Ibm. N. 50. adding That it were much better that he should suffer Death then a War should be raised in the Kingdom when all assenting to this Advice they took him out of Prison and carried him to an Ascent or Hill about a Mile North-East of Warwick called The Lords put Piers Gaveston to Death without Judgment Black-Low and there cut off his Head on the 5 Knighton Col. 2533. lin 5. day of Gervaise and Protasius the Martyrs or 19th of June Sir William Dugdale 6 Baronage Tom. 2. f. 44 Col. 1. from the MSS. K. 84. 96. b. in the Bodleian Library reports the Earls of Lancaster Hereford and Arundel being at this Consultation Thus Walsingham But Part of this Story is otherwise upon Record The King 7 Append. N. 56. A. D. 1312. wrote to John de Moubray Guardian of the County and City of York That Henry de Percy late by his Writing or Instrument before him in his Presence upon Forfeiture of Life and Limb Lands and Tenements and all he could forfeit undertook to preserve and keep safe from Damage Peter de Gaveston Piers Gaveston not truly dealt with upon his Surrender then Earl of Cornwall for a certain time according to certain Terms and Conditions upon which he render'd himself to the said Henry and others without the Castle of Scardeburgh and that the same Henry after the said Peter had been Killed before the Time and contrary to the Terms and Conditions aforesaid came not to him but withdrew himself by which he made himself suspected and therefore commanded him to take him without Delay and bring him to him wherever he was Witness the King at London the 31st Day of July in the 6th of his Reign The 8 Walsing F. 101. N. 50. f. 102. l. 1. c. The Lords demanded the Confirmation and Execution of the Ordinances Great Men having obtained their Purpose against Gaveston sent to the King proudly Demanding Proterve Postulantes their Ordinances to be Confirmed and put in Execution Threatning That if it was not done speedily they would come and force him to do it 9 Ibm. and forthwith they united their Forces and Quartered themselves in the Country about Dunstable he being then 1 Ibm. at London Upon this Occasion undoubtedly it was as also upon occasion of an Answer to the like Message about Five Months before as above related that the King sent 2 Append. N. 57. The K. sent to the Chief Ordainers to come to his Presence and treat about reforming the Ordinances John de Benstede one of his Justices to the Earls of Lancaster Hereford and Warwick who were at the making of those Ordinances to be with him at London or Westminster on the Sunday next after St. Bartholomew to Treat in his Presence about Correcting and Reforming the Ordinances if any thing should be found in them Injurious or Prejudicial to him and that he should enjoin them by their Faith and Homage that they should not come with Horse and Arms. Witness the King the 4th of August at Canterbury Notwithstanding this Notice and Inhibition they came not but marched about the Country with Horse and Arms Encouraging They came not but marched about the Country the People to join with them and therefore the King enjoined 3 Append. N. 58. Encouraging the People to join with them certain Commissioners reciting the most Material Part of his Precept as above to John de Benstede And seeing they had not come to him as then Ordered and Enjoined or sent any one to answer for them and understanding the said Earls with Horse and Arms and a great Multitude of Armed Men to be coming toward him to the great Terror of the People he assigned the same Comissioners to forbid the Earls and every one The K. forbids the Earls to come near him with Horse and Arms. of them by the Faith and Homage they ought him That they should not with Horse and Arms come nearer to him and if the Earls would not obey the Prohibition then to forbid all and every one coming with them to proceed further under the same Forfeiture Witness the King at Westminster the Third Day of September The Bishops with the Earl of Glocester perceiving this 4 Walsingh F. 102. N. 10. Dissention would be dangerous to the Church and Kingdom used all their Endeavours for a Peace 5 Ibm. They met at St. Albans with the Pope's Nuncios sent by him as Mediators between the King and Lords These Nuncios 6 Ibm. Walsingham's false Report of the Treaty between the K and Barons says Walsingham sent certain Clerks from St. Albans to Whethemsted three or four Miles distant where the Barons then lay with their Army with the Pope's Letters persuading them to Peace and that they would not receive them saying They were not Learned but bred up to Arms and therefore cared not to see them Then the Messengers desired to know if they would speak with the Nuncios who would willingly come to them to Propound and Discourse with them about a Project of Peace This says the Historian they utterly refused sending for Answer That there were many learned Bishops in the Kingdom whose Advice they would take and not the Advice of Strangers who knew nothing of the Cause of Dissention 7 Ibm. n. 20. The Nuncios affrighted at this Return Early in the Morning made haste to London after they had been at St. Albans above a Month and that then the Bishops and Earl of Glocester by great Industry made the Peace But this cannot be true for the Record of the Articles of Peace is in this Form Ceo est le 8 Claus 6. E. 2. M. 8. Dors Riley's Placit Parl. f. 538. A. D. 1312. The Treaty of Peace between the K. and Barons Tretiz de la Pees c. This is the Treaty of Peace upon certain Displeasures the King hath conceived against the Earls of Lancaster Hereford and Warwick and other Barons and Great Men of his Realm made and accorded before the Honorable Father Monsieur Ernald by the Grace of GOD by the Title of St. Prisca Priest-Cardinal Monsieur Arnold Bishop of Poicters sent into England by our Holy Father the Pope Monsieur * King Philips Son and Brother to Queen Isabel Lewis of France Earl of Eureux the Earls of Glocester and Richmond By the Earl of Hereford Monsieur Robert de Clifford and Monsieur John Botetorte sent to London with sufficient power to Do Treat and Agree on the Part
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
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
for his own Profit the Guard of those Lands and also had defeated by evil Counsel what the King had granted in his Parlements by good Advice and by Assent of the Peers of the Land to the Dishonour of the King and against Right and Reason 10. Also that they would not suffer the King to take reasonable Fines of the Peers of the Land and others when they entred and received their Fees as it had been used before that time But by Covetousness to get such Lands by the Royal Power they had gained they caused undue Impeachments to be brought surmising the Land was forfeit as of Sir John de Mowbray for the Lands of Gower and of others to the Damage and Dishonour of the King and contrary to the Law of the Land in Disheritance of the Great Men and others Also making the King do against his Oath in Parlement 11. Also by wicked Covetousness and Power Royal they will not suffer the King to hear or do Right to the Great Men upon what they presented to him for himself and themselves touching the Disheriting the Crown and them touching the Lands which were the Templers Also by Usurped Power Royal they self and Family He is denied Entrance with a 5 Ibm. f. 115. lin 2. c. The Queen denied Entrance into Leâ—ds Castle in Kent The Garrison deny to render it to the K. Sawey Return from the Guard within That they would not suffer the Queen or any other to enter there without Command or Letters from the Lord of it She came her self and demanded Entrance into the Castle and was denied and forced to seek Lodgings other where When she returned to the King and complained to him of the Affront offered to her he was very Angry and having drawn together many Thousands of Armed Men with many Londoners 6 6 Ibm. n. 10. came Personally to the Castle commanding the Garrison to render it to him They Refuse to obey the King's Command he straightly Besieges them They hold out so long as they had Victuals He besiegeth and takes it puts the Governor to Death and many of the Warders and when they could not longer hold out they deliver the Castle Thomas Colepepper the Governor of it was Drawn and Hang'd for his Rebellion against the King Thomas Colepeper custos castri qui tenuerat Castrum contra Regem tractus suspensus est The Women found there were sent to the Tower of London and many of the Warders or Servants put to Death Sir Thomas de la Moor tells us it was about 7 F. 595. n. 30 40. A. D. 1321. 15 Ed. II. The Barons came to Relieve the Castle And sent to the King to raise the Siege who would not They march into other Parts of the Kingdom with their Army Michaelmas that the Queen demanded Entrance into the Castle that she might Lodge there and after a Months Siege the Barons with their Forces came to Kingston upon Thames on the Vigil of the Apostles Simon and Jude or 27th of October in hopes to Relieve it from whence they sent the Archbishop of Canterbury the Bishop of London and Earl of Pembroke to the King to raise the Siege promising him after the next Parliament to deliver the Castle into his Hands He not granting their Desires they marched into other Parts of the Kingdom and the Castle in a very short time was Surrender'd In December following Hugh Dispenser the Younger 8 Revocation ut supra Sir Thomas de la Moor ut supra n. 50. The Banishment of the Spensers revok'd applied himself to the King for the Repeal of his Exile who committed him to Prison and sent his Petition to the Archbishop of Canterbury the other Bishops and Clergy being then in a Provincial Synod at London to advise about and give him their Sense upon it who Judged the Award as to the Exile and Disinheritance Erroneous against Right and obtain'd by Force without their Consent as Peers of the Land and therefore advised and prayed the King to Repeal and make it null for Ever which was done and the King granted him his Protection and safe Conduct for his Person and Estate by his Letters Patents Dated at Westminster the 8th of December in the 15th of his Reign The King kept his Christmas 9 Walsingh Hypâ—dig Neust f. 504. n. 40. De la Moor ut supra A. D. 1322. 15 Ed. II. The King increased his Army and marched against the Barons at Cirencester in Glocestershire where Hugh Despenser and others persuaded him to increase his Army and march against the Barons He did so and went into the Marches of Wales and left Glocester which was possessed by the Barons and passing by Worcester went to Bridgnorth and took in that Castle while he was in Shropshire both the Mortimers submitted themselves and were sent to the Tower of London Maurice de Berkeley and Hugh Audeley Senior fell into the King's Hands and were sent to Wallingford-Castle 1 Ibm. The Earls of Hereford and Lancaster join their Forces The Earl of Hereford and his Adherents marched toward the North to join the Earl of Lancaster who expected them The King marched after them and comes to Burton upon Trent where the Earl of Lancaster had joined them They hinder the King's Passage over the Trent by the Bridge there three Days and Killed some of the King's Men and Servants so as the King was forced to find another way over the Trent and marched toward them in the Town which when they saw they Fired the Town and marched into the Field to give the King Battel but perceiving the King coming toward them with a great Force superior to them in Number and Courage the Earl of Lancaster with his Confederates fled Northward with their Army and made Great Depraedations and Robberies in their way the King pursues them to Burgh-Bridge The Scots Friends and Allies to the Earls The Earl of Hereford killed at Borough-Bridge The Earl of Lancaster taken there then marching toward their Friends and Allies the Scots where they were stopt by Forces brought from Carlisle by Sir Andrew Harclay and others from York by Sir Simon Ward in forcing his Way over the Bridge the Earl of Hereford was Killed the Earl of Lancaster not being able to bear the shock of the Battel nor to fly any way was taken by Sir Andrew Harclay and many other Barons Banerets and Knights to the Number of 2 Ninety Five 2 De la Moor f. 596. n. 10. The Earl of Lancaster was sent to Pontfract where on Monday Our Lady-day this Year 1322. was on Thursday The Earl of Lancaster impeached of Treason c. before the Annunciation of the Blessed Virgin or 22d of March he was impeached before the King for divers Treasons Murders Burnings Depraedations and other Felonies in the Presence of Edmond Earl of Kent John Earl of Richmond Adomar de Valentia Earl of Pembroke John de Warenna
of April next following the King 6 Rot. Rom. 19 Ed. II. M. 3. He writes to the Pope about the Affair of his Queen wrote to the Pope and sent him a Transcript of what had passed between himself the King of France his Sister the Queen and his Son by way of Narrative and the Copies of the Letters he wrote them with his Answers to what was reported of him in France heartily beseeching him to read and consider them and apply such Remedy for the removing the Matter of Scandal and Dissention and the Dangers that might proceed from thence as he should think fit promising wholly to be directed by his Advice Given at Knelworth the 15th day of April All these Letters all these Mediators could not bring her into Neither Letters nor Mediators could bring the Queen into England until her Design was ripe England until her Design was Ripe and that she could come with Force yet in all probability they caused her either to quit or be thrust out of France Tho some of our Historians and the French Historian 7 Fol. 3â—â— 352. The Historians Account of the Transactions between the King and Queen at this time Mezeray who understood nothing of this Story as appears by his Writing and all from Froysard Report That by the Arts of the Spencers and the Money given to her Brother Charles the Fourth of France and scattered in his Court and to the Pope himself and distributed in his Court that made them their Friends so that her Brother forbad all Persons to assist her and commanded her to go out of his Dominions Take the Original from 8 F. 1. a. col 1. in the Prologue to the First Volume Printed at London 1520. Especially at Froysard Froysart who says he wrote his Chronicle from the Chronicles of Sir John la Bele Canon of St. Lambert's of Liege an Intimate and of the Secret Council of John of Haynault The Barons 9 could not bear or suffer Hugh Spenser's favour with the King any longer but sought each other amongst themselves 9 Ib. f. 3. a. col 1. c. 8. to be of a Peaceable Accord and sent secretly to the Queen who had been at Paris three years which was false by two parts of the time signifying to her if she could come into England with One thousand Men at Arms and bring her Son and Heir with her they would all come to her and her Son Edward She shewed these Letters to the King of France who promised such Assistance and to furnish her with Money She was providing for her Voyage of which Hugh Spencer had notice The King of France corrupted with Money who contrived with Gifts to Buy off the King of France and sent secret Messengers with plenty of Gold Silver and Jewels into France and especially to the King and his Privy Council insomuch as the King forbad under pain of Banishment That none of his Subjects should assist the Queen to go into England by force and further Hugh 1 Ib. col 2. Spencer out of his Malice to the Queen to get her under the King's Power and his caused the King to write to the Pope That he would write to the King of France to send his Wife again into England for he would acquit himself to God and the World that it was not his fault that she departed from him for he would nothing to her but all Love and good Faith such as he ought to hold in Marriage Also he sent 2 Ibm. The Pope and Cardinals corrupted with Gold and Silver Gold and Silver great plenty to divers Cardinals and Prelates who had most power with the Pope who lead the Pope by such-wise with their Gifts and subtle ways that he wrote to the King of France That on pain of Cursing he should send his Sister Isabel into England to the King her Husband These Letters were brought to the King of France by the Bishop of Xaints when he had read them they were shewed to the Queen his Sister and then commanded her speedily to avoid his Kingdom or he would make her to avoid it with shame By this means 3 Ib. cap. 9. Robert of Artois his Advice to the Queen all the Barons of France were withdrawn from the Queen except Robert of Artois her Dear Cousin who privately advised and encouraged her and gave her secret notice That her 4 Ib. f. 3. b. col 1. Brother would deliver her her Son and the Earl of Kent King Edward's Brother and Sir Roger Mortimer She goes out of France to William Earl of Haynault to the King and Hugh Spencer and advised her to go into the Empire to William Earl of Haynault and Sir John of Haynault his Brother The Earl received her with Joy at Valenciennes and 5 Ib. fol. 4. col 1. He received her kindly and brings forth his four Daughters The Prince likes Philip best brought forth his four Daughters Margaret Philip Jane and Isabell the Prince liked Philip best and she kept him Company during his stay there Walsingham 6 Fol. 123. lin 1 c. tells us that the King as 't was reported prout dicitur had procured the Death of his Wife and Son Edward and that John of Britania Earl of Richmond her Familiar was to have been the Executioner but that perceiving the Noblemen of France to have been corrupted by large Gifts and that there was no safety to be expected there she fled privately with her Son and Family or Followers to the Earl of Haynault of whom they were Honourably and Magnificently received Whether she was commanded by her Brother or fled privately out of France certain it is she 7 Ib. n. 20. And was contracted to her went to the Earl of Hanault and having Contracted her Son to his Daughter Philip 8 Fol. 598. n. 10. Sir Thomas de la Moor says Married him to her without the Advice of the Nobility by his Assistance who provided Men and Ships 9 Walsingh at supra The Earl of Haynault furnisheth the Queen with Ships and Forces to come for England she came for England with her Son then not Fourteen years of Age Edmond Earl of Kent the King's Brother Roger Mortimer and many others who were forced or fled out of England and with 2757 Men at Arms commanded by John of Hanault the Earl's Brother and landed at 1 Ibm. Anglia sacra parte prima f. 366. She lands at Harwich Harwich on Wednesday before Michaelmas-day where she was joined by the Earl 3 Walsing Ib. n. 30. Several Bishops Earls and Barons join with her Marshal the Earl of Leicester and other Barons and Knights cum Praelatis fere omnibus with almost all the Prelates but chiefly with the Bishops of Lincoln Hereford Dublin and Ely who together made her up a great Army 4 Ibm. which being refreshed at St. Edmunds-Bury she went forward to seek out her own and the Kingdom
many heinous Crimes sworn against the Templars in the Provincial Council of London called at the Command of the Pope the same that were sworn against those in France They confessed the Report but not the Fact unless one or two Ribalds that is most wicked and profligate Men in every State to wit of Priest-Templars Knight-Templars Common Brethren and Servant-Templars Nisi unus vel duo Ribaldi in omni statu Yet at last they all confessed they could not purge themselves from the things charged on them so that every one of them were thrust into Monasteries there to do perpetual Pennance where they in all things behaved themselves well This Relation of Walsingham is taken out of Adam Murymonth 5 In 1310. 1311. who then lived and his very Words transcribed by him In the Sentence of Extinction of the Templars and Donation of their Lands and Goods to the Hospitalers all Possessors and unlawful Detainers of them of what State Condition Excellency and Dignity soever they were whether Bishops Emperors or Kings were Excommunicated unless within one Month after they should be required by the Master and Brethren of the Hospital of St. John's of Jerusalem or their Procurators they parted with and fully and freely restored them to that Order and also all that were Aiding Advising and Assisting in the Detaining of them and likewise all Chapters Collegiate and Conventual Churches Cities Castles Towns and other Places that detained them and delivered them not when required as aforesaid were put under Interdict from which Excommunication and Interdict they were not to be absolved until they had made full and due Satisfaction And besides these Punishments all Persons and Places that detained the Goods and Estates aforesaid and delivered them not that held Fees of the Roman or any other Churches were decreed ipso facto in very Deed to be deprived of them In the end of this Council says the last cited 6 Ibm. A D. Historian the Pope sent two Cardinals into England to receive the Lands Goods and Possessions of the Templars for the Use of the Hospitalers The Earls and Noblemen whose Progenitors had given them to the Templars the Order being dissolved possessed themselves of and refused to restore them so as the Nuncio's returned without doing the Business they came for The Pope's 7 Append. n. 76. Letter or Bull to the King That he should give his best Assistance in promoting of the Delivery of the Templars Goods to the Master and Brethren of the Hospital or their Procurators and further That he should expresly Command all his Earls Barons Great Men Corporations and Bodies Politick Seneschals Bailiffs and other Officers which were by him deputed to keep those Goods to deliver them when required was Dated the 26th of the same Month of of May in which he passed the Sentence of Extinction This in all probability was the Bull or Letter by which the two Cardinals as Procurators or Attorneys came to demand the delivery of the Lands of the Templars for the Hospitalers On the 25th of November 1313 by virtue of a long tedious 8 Rot. Claus 7 Ed. II. M. 12. Dors Instrument for the restitution of the Possessions Goods and Chattels to the Hospitalers which had belonged to the Templars in England in which the Pope's Proceedings against them were recited Albert of Black-Castle de Castro nigro Great Commander of the Hospital of St. John's of Jerusalem and Deputy of the Great Master and Leonard de Tibertis Prior of the Hospital of St. John's of Venice and Procurator General of the Order Their Procurators petitioned and required That whereas the Pope had given by Consent of the General Council all the Houses Churches Chapels Oratories Cities Castles Towns Lands Granges Places Possessions Jurisdictions Rents and Rights and all Goods Moveable and Immoveable with all their Rights Members and Appurtenances and annexed united incorporated and applied them to the Greatness and Extent of Papal Power de plenitudine Apostolicae potestatis to the said Hospital c. The King hearing this Supplication made Protestation for the Preservation of his Right and Rights of his Subjects notwithstanding such Restitution and Rendring and that if he made such Restitution it was for fear of the Danger which he foresaw might come upon him and his Kingdom if he did it not and which for the shortness of Time and other Causes could not be avoided And further protested That at a â—it time he and his Subjects would demand the Goods as if they never had been restored Three Days after on the 28th of November the King caused to be delivered all the Things above mentioned to the two Procurators Albert and Leonard according to the Pope's Bull directed to him and to avoid the many Dangers and Damages that might otherwise happen to him his Dominions and Subjects saving the Right of him and his Subjects according to the Effect of his Protestation The King's Letter to this purpose was directed to the Guardians 1 Ibm. of the Lands and Tenements of the Templars in London and Suburbs and the like Letters were sent 2 Ibm. to Fifty six other Guardians of their Lands and Possessions in all Counties and several particular Places in England and to Audomar Earl of Pembroke to deliver and surrender the new Temple with all its Lands Tenements and Appurtenances in London the Suburbs and Middlesex In like 3 Ibm. manner he wrote to the Bishop of Lincoln several Noblemen and all the Sheriffs of England And then after these Letters and Instrument there is entred upon Record a long impertinent 4 Ibm. Acquittance reciting the Proceedings as before in their Request against the Templars from these Procurators by which they acknowledge themselves to be well contented and paid bene contenti pacati by the King and all others in the Restitution c. Dated in London on the Nones or 5th of December A. D. 1313. The Pope by a long Bull dated on the 5th of the Kalends of November or 28th of October in the 4th of his Pontificate commanded Robert Winchelsey Arch-Bishop of Canterbury A. D. 1309 to deliver an Abstract of it to the King and to Expound it to him which was thus Directed 5 Râ—g stâ—â—m Wâ—nchelsâ—y f. 6. â— in Doctors-Commons Excellentissimo Principi Domino suo vobis Domino Edwardo Dei gratia Regi Angliae illustri Domino Hiberniae Duci Aquitaniae insinuamus Exponimus nos Robertus permissione Divina Cantuarensis Archiepiscopus totius Angliae primas ex injuncto nobis mandato Apostolico quae inferius discribuntur To the most Excellent Prince and his Lord you Edward by the Grace of God illustrious King of England Lord of Ireland and Duke of Aquitan we Robert by Divine permission Arch-Bishop of Canterbury and Primate of all England by the Pope's Command do insinuate and declare to you the things under-written Which were these Grievances 1. That his Officers altho they were bound
1 Ibm. Commission of the same Date John Duke of Brabant the Earl of Hanaw and Gueldres the Marquiss of Juliers and Sir William Dunork Lord of Onstrehout were added to them The Stiles of the Commissions were different in one 't is Philippus de Valoys Consanguineus noster Franciae Philip of Valoys our Kinsman of France without other addition In the other 't is Excellentissimus Princeps Dominus Philippus Rex Franciae Illustris Consanguineus noster Charissimus Most Excellent Prince the Lord Philip King of France our Illustrious most dear Cousin At Antwerp there was a Congress of the Confederates with King At a Congress of the Confederates Edward where on the 22d of July he revoked 2 Pat. apud Antwerp 12 Ed. III. M. 3. 7. The Commissions to treat were revoked the Power he had given the Commissioners abovesaid to Treat with Philip de Valois as King of France From thence the 3 Froys lib. 1. c. 32. K. Edw. made Vicar-General of the Empire Marquiss of Juliers was sent to the Emperor who obtained a Promise from him To make King Edward Vicar-General of the Empire 4 Ibm. c. 34. which was done accordingly and the Emperor commanded all People and Subjects of the Empire to obey the King of England his Vicar as himself and do him Homage In the 13th of his Reign at the Request of the Cardinals 5 Pat. Concess homin Angl. Vascon 13 Ed. III. M. 17. Another Treaty appointed without effect John Arch-Bishop of Canterbury Richard Bishop of Durham Henry Bishop of Lincoln the Earls of Derby Salisbury and Suffolk with others had on the 1st of July Authority to Treat with Philip de Valois or his Deputies upon the Dignities Honours Rights and Lands belonging to King Edward and all other Differences whatever The French Commissioners were the Arch-Bishop of Rouen the Bishops of Langres and Beavais the Place at Arras but without effect Having made this Progress toward a War with France for the obtaining that Kingdom 6 Wals f. 136. n. 50. See there the whole Letter and in Rob. Avesbury p. 83. b. K Edw. writes to the Pope and sets forth his Title to the Crown of France by Right of Succession he wrote to the Pope setting forth his Title to it That the Crown belonged to him by lawful Right of Succession as being Grandchild to Philip the Fair by his Mother Queen Isabel and tho' as he grants she could not Inherit by the Constitution of France yet when all the Sons of Philip were dead without Issue Male Charles the Fair being the last he claimed it as the nearest Male to his Grandfather and having the Right of Succession before Philip of Valois being Son to Charles Earl of Valois his Grandfather's Brother and affirmed That his Mother's Disability to take the Crown could not nor ought not to barr him of his Right This Letter bears Date at Antwerp July 16. 1339. in A. D. 1339. 13th Year of his Reign The Pope in 7 Wals f. 140. n. 20. The Pope's Answer to K. Edward s Letter answer to this Letter reprehends him for joining with Lewis of Bavaria the Emperor and receiving from him the Office of Vicar-General of the Empire seeing by his Predecessor Pope John XXII he had been Excommunicated and deprived of all Dignity and Honour who also had exercised the Power of the Apostolic Sword against all his Adherents who shewed him any Favour and gave him any Help or Advice or called or acknowledged him Roman King or Emperor declaring them Favourers of Hereticks Then persuading him to Peace and pretending great Affection to him advised him to hearken to the Cardinals that loved him sincerely and wished him Prosperity and in making Peace would propound nothing but what was pleasing to God and acceptable to the People This notwithstanding King Edward after he had been at Antwerp He entred France with an Army above a Year on the 19th of September 1339. saith Avesbury in October says Walsingham 8 entred France with a great 1 Ibm. f. 143. n. 30 40 50. Aves p. 86. b. Burns wastes and destroys the Country Army and burnt wasted and destroyed Cambresis or the Territory of Cambray and the Country of Vermundois and such as resisted him were put to the Sword 9 Ibm. Puts all that resisted him to the Sword The King of France marched towards him with a vast Army but when he came to Fighting he retreated for Fear The Pope hearing of this 1 Wals 144. n. 10 20. The Pope offers his Mediation for a Peace attributes the cause of not Fighting to Providence and an Act of Divine Clemency for the sparing of Christian Blood and after many Remarks upon it and the War beseeched the King for the Lord's sake and by the Mercy of God to think of Peace and in the mean time to consent to a Truce in order to a Peace and if the Cardinals by what they should propound could not effect it he offered his own amicable Mediation for a happy End and Composure of all Differences The King's Answers to the 2 Ibm. f. 145. 10 20 c. K. Edward's Answer to the Pope's offer of a Mediation Pope were his most humble Thanks for offering his Mediation and the Care and Affection he had for his Sons and that he should pursue his wholesom Advice but that Philip unjustly usurped the Crown of France lawfully devolved upon him after the Death of his Vnkle Charles the last King thereof That he had seized on Aquitan and excited the Scots to Rebell against him and therefore he intended not to neglect his Hereditary Rights but should endeavour to recover them by the Help of God and although that Kingdom had been demanded for him before the Cardinals who had earnestly and laudably laboured in the Business of Peace yet he could not obtain a reasonable Answer nor know what he would do or offer and that after many Treaties he would not hearken to Reason On the 3 Claus 13 Ed. III. Part. 2. M. 28. Dors A Parlement summoned 25th of August not long before King Edward's Inroad into France the Duke of Cornwal Guardian of England in his Name issued Writs for a Parlement to meet 15 Days after Michaelmass 4 Rot. Parl. 13 Ed. III. Part. 1. n. 4. The King sent to them an Account of his Affairs in France To which Parlement came the Arch-Bishop of Canterbury the Bishop of Durham and Monsieur William de la Pole from the King then in France to shew the Lords and Commons what he had done beyond Sea and his Condition there and the Mischief that had befaln him and those with him by reason he was not supplied from England At the same time came Letters to the Earl of Huntington and to the Prussia Merchants That the King was in France near St. Quintins with an Army of 15000 Men and more so as it was hoped with the Ayd of God
mean while the Scots entered into England plundered The Scots enter into burn and waste the Borders burnt and ravaged the Counties of Northumberland Cumberland and the Bishoprick of Durham against whom the King raised an Army in the Northern Counties King Edward very much disturbed 6 Ib. in both An Army raised with which for the Death of his great Friend and at the Progress of Charles of Bloys raised a great Army and appointed it by Proclamation 7 Clause 16 E. III. M. 20. Dors A. D. 1342. the King went in Person into Bretagne He wrote to the Pope to Command Prayers c. to be made for his Success to be ready to pass with him into Bretagne by Midsummer following and then wrote to Pope Clement the Sixth to put up Prayers to the Almighty for his happy Progress and that he would cause Preachings Processions and other Pious Offices to be exercised in England for a Blessing upon his Armies which at that time he intended against France and Scotland The Letter it self being written in an extraordinary strain of Piety and Devotion and to shew the Devotional Latin of those times is Printed in the Appendix 8 N. Notwithwithstanding his Proclamation he could not get ready 9 Clause 16 E. III. p. 2. M. 23. Dors until the 4th of October when he took Shipping at Sandwich and sailing toward France he met with the French Fleet from which after a sharp Engagement they were separated by Storm At length he landed near Vannes in Bretagne which he besieged and 1 Froiss c. 94 98. Two Cardinals sent by the Pope to mediate a Truce which was obtained for 3 years the French Army under the Conduct of the Duke of Normandy lay ready to relieve it At which time the Pope sent the Two Cardinals of Penestrin and Tusculum who mediated a Truce for Three years for the maintaining whereof the King of England and Duke of Normandy as Froissard says made Oath according to the Articles of the Truce which do here follow tho not exactly according to the form in Robert of Aversbury p. 100. c. 42. or in Tho. Walsingham f. 159. n. 10 20 c. which is tedious and without method but according to Du Chesne 2 F. 659. B. who hath drawn up the whole and entire Sense of them in a short Form 1. For the Reverence of Holy Church and the Support of Christianity The Articles of the Truce and Ease of the Subjects of both Kings and the Honour of the Cardinals Treating Peace and Concord between them they would The first Article is according to Avesbury send some of their Blood and others to the Court of Rome to end all Differences and Debates before the Pope having Power by Advice of the Pope and Consistory of Cardinals to alledge and propound their Reasons not that he should end and decide it or give Sentence but only for the making a better Peace and Treaty 2. The Treators or Ambassadors shall appear before the Pope by the Feast of John Baptist or Midsummer-day next coming That before Christmass the Treaty may be ended if nothing happens for the prolonging of it or in case the Pope be not hindred by other Business or that he cannot compose in that time the Differences between the Kings yet nevertheless the Truce shall continue for Three years after the Feast of St. Michael then next following between the King of England and France the King of Scots and the Earl of Haynault and all the Allies of the said Kings that is to say the Dukes of Brabant and Gelderland the Marquiss of Juliers Monsieur John de Haynault and the People of Flanders in all their Lands and Seigniories 3. That the King of Scots and Earl of Haynault and other Allies of the Kings shall send their Messengers or Ambassadors to Ib. Walâ—ing the Court of Rome by the Feast of St. John with sufficient Power to consent to and confirm the Treaty before the Pope for what belongs to them but if they would not send the Treaty was to proceed notwithstanding 4. That the Truce shall be observed in Bretagne between the Two Kings and their Allies notwithstanding they both pretend Right to the Dutchy 5. The City of Vannes shall remain in the Hands of the Cardinals or of one of them to be holden during the Truce in the Name of the Pope And after the end of the Truce they may dispose of it as they please 6. That the Cardinals shall labour diligently to find some way how the Flemmings may be absolved from the Popes Censures they had incurred Avesbury 7. That the Earl of Flanders may remain in his Earldom as Lord without Mean but not as Soveraign provided the People do Consent 8. Both Kings shall endeavour without fraud that their Subjects do not make War upon one another in Gascoign nor in Bretagne during the Truce or in any other place and in case they should there should be no Rupture between them 9. That none who were under the Obedience of one King before or at the time when the Truce was made shall put himself under the Obedience of the other during the Truce 10. That nothing shall be given or promised directly or indirectly to any Party to make War during the Truce 11. That the Truce be kept and observed by Land and Sea and Sworn to by both Parties and speedily published in both Armies and within Fifteen days in Gascoign Bretagne and Flanders and in England and Scotland within Forty The residue of the Articles are the same with those of the Truce made at the Siege of Tournay the 25th of September 1340 in the Fourteenth of Edward the Third before noted This Truce was made in the Priory of St. Mary Magdalen in the Town of Malatrait and Signed the 19th of January 1343 according to Avesbury and on the same day 1342 according to Walsingham About five Weeks after this Truce was Signed 3 Clause 17 E. III. Part. 1. M. 25. Dors Writs for a Parlement Writs were sent forth for a Parlement to be holden at Westminster on the Monday next after the Quinden of or 15th after Easter Teste Custode Witness the Guardian of England Feb. 24. c. The chief cause of Summons of this Parlement signified also in the Writ it self 4 Rot. Parl. 17 E. III. n. 7 8 9. was to treat and advise with the Great Men and Commons od les Grantz Comunes what was best to be done about the King's Affairs concerning the Truce made The Declaration of the Cause of Summons between him and his Adversary of France and then touching the Government and Safety of this Nation and his People And for that Monsieur Bartholomew de Burghesh who was with the King in Bretagne at the making of the Truce knew best how things went there the Chancellor sent to him to come and declare in Parlement the manner of making the Truce
according to the Original by others according to the Corrected Articles but 't is not very hard to see thro this Mystery for both Kings and their Sons were very strict and exact in Confirming both Copies of the Articles as they thought themselves obliged by Oath to do and first confirmed them at Calais before the King of France had his Liberty and afterwards at Bologn when he was free from his Imprisonment yet were not so strict and just in the observation of their Oaths in the performance and fulfilling of them but used and made their advantage of the different Copies of the Letters and Instruments as they served their turns All things at that time relating to this Peace at Bretigny that could be having been finished at Calais and Bologne the 1 Froysard lib. 1. c. 213 f. 108. b. A. D. 1360. The King returns to England with the Hostages for the Observation of the Peace of Bretegny King his Sons and others with the Hostages of France took Shipping on the Eve of All-Saints or last of October and came for England where the Lords and other 2 Ibm. Their Freedom and Kind Reception in England Hostages had all the Enjoyments of the City of London Hawked Hunted and Visited the Ladies in the Country without any Restraint the King's Favour being so great towards them It was not long after this 3 Ib. c. 214. Du Chesne f. 693. D. A. D. 1361. King Edward â—â—nt Commissioners into France to take Possession of what had been agreed on that King Edward sent his Commissioners into France to take possession of what was granted him and what he was to enjoy according to the Peace but several Lords in Languedoc and Gascogne refused at first to be wholly under the Power of the English notwithstanding the King of France had Released their Faith and Homage which they affirmed Several Earls Viscounts and Lords refuse to become his Subjects Yet at last submit against their Wills he could not do nor make them Subjects to another Man The Lords were the Earls of March Perrigort Gominges Arminac the Viscounts of Chastillon and Carmaing the Lords of Pincornet and d'Albret yet at last pressed by the King's Command and prevailed upon by the King's Cousin James of Bourbon who was sent Express to them they obeyed against their Wills The same Difficulties were found in 4 Ibm. in both The same difficulties of non-submission in Poictou c. Poictou Rochelois and Xantoigne The Rochellers excused themselves often praying King John he would not put them out of his Power that they might come under the power of the English shewing to him they had rather every year be Taxed to the half of their Goods then come under their Power yet at length they submitted declaring openly That they would obey but their Hearts could never be moved 5 Froys Ib. Du Chesne f. 694. A. Further Difficulties about Evacuating Garrisons This done King Edward made Sir John Chandos his Lieutenant who had possession given him of all the Lands Countreys Towns and Fortresses which he was to have in France by John de Maingre Marshal of France and Received the Fidelity and Homages of all the Earls Viscounts Barons Knights and Esquires Towns and Fortresses making and appointing Seneschals Bayliffs Governors and all Officers in all Places in the Name of the King of England and made his own Residence at Niort a City in Poictou Then these there were yet greater Difficulties for notwithstanding what the English and French Commissioners for evacuating the Garrisons held by or for the English could do 6 Froys Ib. f. 109. b. Robbers Plunderers and Disbanded Officers and Soldiers there were some that would not yield but pretended they were imployed by the King of Navarre There were also many Strangers great Captains and great 7 Ibm. Make a great Body and call themselves Companions Robbers or Pillagers as Almains Brabanters Flemmings Haynalders and Gascoins who would not quit their Imployments or the Kingdom of France but set up for themselves under the Name of Companions and the Disbanded Soldiers of such as gave up the Garrisons and freely left their present Imployments ran into them chose new Captains and formed themselves into a great Body of Men 8 Ib. f. 110. a. so as it was feared in time they might do more Mischief in France then the War had done 9 Walsingh f. 178. l. 9 13. f. 181. l. 9. The greater part of their Leaders were English or at least under the Dominion of the King of England yet would not obey his Orders answering they must live by what they got To reduce these or expel them the Nation 1 Froys Ib. c 215. f. 111. 4. James of Bourbon sent with an Army to reduce them the King of France sent his Cousin James of Bourbon with an Army which was routed and himself much wounded of which Wounds he died three days after 2 Ibm. which was routed and himself killed They divide into Two Bodies These Companions pillaged and plundered the Countreys and good Towns where-ever they came and by the encouragement of this Victory or Advantage they grew very numerous so as they divided themselves into Two Bodies one whereof lay at Ance upon the River Saone not far from Lyons 3 Ib. f. 111. b. One whereof marched toward Avignon And threatned the Pope and Cardinals the other marched down by the River Rhosne leaving Lyons toward Avignon and in their way took the Bridge and Town of Holy Spirit within Seven Leagues of that Place and other Fortresses making themselves Masters of that River in this Place they found great Riches and had contrived to proceed to Avignon and take it or bring the Pope and Cardinals under their Mercy Pope Innocent and the Cardinals much disturbed at the Proceedings of these People who besides Robbing and Plundering committed all sorts of 4 Ibm. A Croysado Preached up against them without effect horrid Villanies preached up a Croysado against them and absolved all from Crime and Punishment a culpa poena who would venture their Lives to destroy them 5 Ibm. The Artifice to divert them but this Design did not take and therefore they sent to the Marquis of Montferrat who had then War with the Milanese to come to Avignon 6 Ibm. where it was contrived That for a good Sum of ready Money and the Promise of great Pay he should attempt to get them into his Service which had its due effect for upon the Payment of the Money and his Promise they quitted the Town of St. Spirit and other Places and marched with him into Piedmont The other Body of Companions would not stir out of France but kept possession of what they had got and increased in their Numbers and Outrages During these Confusions in France King Edward sent his Commissioners Sir Thomas Vuedale and Mr. Thomas de Dunclent Licentiate in Laws to the King
side they intended to have burnt the City of London and to have divided all the Rich Goods found there amongst themselves This he affirmed to have been their Design as he desired God would help him at his going out of the World W. Walworth and other chief Citizens of London Knighted and then had his Head struck off For their Good Service in destroying Wat Tiler preserving the City and giving him Assistance the King Knighted 1 Stow's Annals p. 463. William Walworth Major John Philpot Nicholas Brembre and Robert Laund Aldermen and gave to Sir William Walworth 100 l. per Annum Land and to the other 40 l. per Annum to them and their Heirs for ever And not long after Knighted Nicholas Twiford and Adam Francis Two other Aldermen In the 2 Wals f. 278. n. 50. 279. lin 4. time of these Insurrections and Rebellions the Duke of Lancaster was in Scotland where he concluded a Truce for Two Years before they heard of the Tumults and Riots in England 3 Ibm. n. 30 40. A two Years Truce with the Scots A Quarrel between the D. of Lancaster Earl of Northumberland In his return he was denied Entrance into Berwic by the Earl of Northumberland which mightily incensed him against the Earl On the 16th of July 4 Rot. Claus 5 Rot. II. M. 40 Dors A Parlement called Writs were sent forth for a Parlement to meet at Westminster on Monday after the Exaltation of Holy Cross or 14th of September which was afterwards Prorogued to the 5 Ib. M. 39 Dors morrow of All-Souls which was Monday when it was 6 Rot. Parl. 5 Ric. II. n. 1. Adjourned to the next Day many Lords and Prelates being absent and so unto Wednesday when by reason of the Quarrel between the Duke of Lancaster and Earl of Northumberland who came to the Parlement with great Force of Armed Men and Archers the King They came to the Parlement with great Force of armed Men. caused the Parlement to be Adjourned unto Saturday in which 7 Wals f. 280. n. 40 50. The K. ends the Quarrel time the King composed the Differences between them and ended the Quarrel The Cause of Summons was 8 Rot. Parl. 5 Ric. II. n. 8. The cause of Summons declared to be That they might consider how to procure the Quiet and Peace of the Nation and settle it after the late Tumults and Insurrections to confirm or repeal the Revocation the King had made of the Grants of Liberty and Manumission by Force and Coertion obtained by the Natives Bond-Tenants and Villains That the King was much indebted and in great Necessity for Money to maintain his Court and the Wars The whole Parlement Lords and Commons 9 Ibm. n. 13. The Liberties and Manumissions of the Villains c. repealed by Authority of Parlement declared the Grants of Liberties and Manumission to Natives Villains and Bond-Tenants to be by Coertion in Disheritance of them and Destruction of the Realm and therefore to be null and repealed by Authority of Parlement The Commons 1 Ibm. The Commons desire certain Prelates and Lds. to treat with them The King prayed the King to have certain Prelates and Lords to comune with them about their Charge for that the Matters very highly concerned the State of the Realm and it was much to the Purpose to have their Advice The Answer 2 Ibm. n. 14. grants their Request was They should give in the Names to the King in Writing of such as they desired that he might advise about it Which was done and the King granted their Desire le Roy lour Grantast al Effect qils furent Demandez And the Commons further * Ibm. n. 16. The Commons pray the King the Prelates by themselves the Great Lds. by themselves and the Kâ—s by themselves and the Justices by themselves might treat about their Charge and their Advice reported to theâ— This was contrary to the Practice and Custom of Parlement which the K. would have observed prayed the King That the Prelates by themselves the Great Lords Temporal by themselves the Knights by themselves the Justices by themselves and all other Estates singly might be charged to treat and comune about their Charge and that their Advice might be reported to the Commons To which it was answered Tha the King had charged the Lords and other Sages to comune and treat diligently upon the said Matters But the ancient Custom and Form of Parlement had always been That the Commons should first report their Advice upon the Matters given them to the King and Lords of Parlement and not on the contrary and therefore the King would that the ancient and good Customs and Form of Parlement should be kept and observed After the Commons had conferred 3 Ibm n. 17. The Commons complain of the ill Government of toâ— Kingdom with the Lords they returned into the Parlement and made great Complaint of the ill Government of the Realm which if not amended the Kingdom would be in short time ruined They complained of the Government about the King's Person his Court the over-great Number of his Servants of the Chancery Kings-Bench Common-Pleas Exchequer of grievous Oppressions in the Country par la Outrageouse Multitude de Braceurs des Quereles Mainteinours qi sout come Roys en Pais que Droit ne Loy est a poy fait c. by the great Multitude of Bracers of Quarrels and Maintainers who behaved themselves like Kings in the Country so as there was very little of Law or Right and of other things which they said were the cause of the late Commotion Rumor and Mischiefs of the Land and requested they might be amended The King 4 Ibm n. 18. Certain Lords and others assigned to survey and examin the Government of the King's Person and Kingdom These Lords and others were assigned and chosen by the King See n. 27. by Advice of the Lords and his Council granted that certain Prelates Lords and others should survey and examin the Government of his Person and Court and to think of sufficient Remedies The Persons chosen to make this Enquiry were The Duke of Lancaster the Elect of Canterbury the Arch-Bishop of York the Bishops of Winchester Ely Excester and Rochester the Earls of Arundel Warwic Stafford Suffolk and Salisbury the Lords Zouch Nevil Grey of Ruthin and Fitz-Walter Monsieur Richard le Scrop Monsieur Guy de Bryan and others autres 5 Ibm. The King's Confessor not to come to Court The King's Confessor was charged to abstain from coming to and remaining at Court by the Request of the Commons and Assent of the Lords The Commons 6 Ibm n. 19 20 21 22 23. The Commons Petition the Duke of Lancaster and others assigned to appoint Officers c. Petition the Duke of Lancaster and others assigned by the King to that purpose to place the most valued Officers about the
the Duke if there was any thing more touching this Matter he would speak it in satisfaction to the King for the knowledge of the whole Truth of the Matter whereupon the Duke said he had forgot one thing that then came into his Memory to wit That he said to the King that if he would be King he must not intercede for Sir Simon Beurle to save him from Death and prayed William Rickhill he would shew this to the King by Word of Mouth pria le dit William Rickhill qil verroit Monster ceste Matire au Roy par Bouch. On 1 Ibm. The Tâ—yal of the Earl of Warwick Friday the 28th of September the Constable of the Tower brought into the Parlement Thomas Earl of Warwick who was told by the Duke of Lancaster Steward of England by Command of the King and all the Lords Temporal That he was appealed by Edward Earl of Rutland and the other Appellants there named of divers High Treasons which were comprehended in Two only Articles That of assembling with Force and Armed Men at Harringay Hâ— pleads 〈…〉 y and puts himself in the King's Grace His Judgment the same with the Earl of A 〈…〉 Which the King Pardoned by the Mediation of the Pâ—râ—ement and Appellants Being to remain Prisoner 〈…〉 the Isle of Wâ—gâ—â— during his Life c. and that about Sir Simon Beurley and were drawn up in the same Words as in the Earl of Arundel's Case To which he answered That he well understood those Treasons and Wicked Deeds and was Guilty of them and put himself in the King's Grace Wherefore the Duke of Lancaster by Command of the King all the Lords Temporal and Monsieur Thomas Percy having Power as aforesaid pronounced the very same Judgment against him in all things as he had done against the Earl of Arundel Which the King moved with Pity to the Reverence and Honour of God at the prayer of the Appellants the Commons of Parlement and the Lords Spiritual and Temporal Remitted and Pardoned and granted him his Life and his Sentence was That he should remain Prisoner in the Isle of Man so long as he lived upon Condition That if any Means were made to the King or his Heirs for any further favour or if he should make his Escape then the Judgment should be put in Execution and the King's Grace should be void The Commons 2 Ibm. Thomas Mortimer impeached by the Commons He fled to the Irish Rebels Proclamation agreed in Parlement to be made for his Return and Appearance in Parlement before the King in Parlement affirming the Appeal to be Good and Lawful impeached Thomas Mortimer of Treasons comprised in the said Appeal but he being in Ireland fled unto the Mountains to the Irish Rebels Proclamation was agreed in Parlement to be made in England and Ireland That he should be in England within Three Months to answer to the impeachment of the Commons or be declared Traitor and all his Mannors Castles Lands Tenements c. which he was possessed of on the 13th of November in the Eleventh of the King together with all his Goods and Chattels forfeited to the King The Appellants and Commons had time given them until the meeting of the Parlement adjourned to Shrewsbury to the Quinden of St. Hillary or 27th of January when he not appearing the Duke of Lancaster and all the Lords Temporal and William Lescrop Earl of Wiltshire having sufficient Power from the Prelates and Clergie as appeared by Record in Parlement by assent of the King gave Judgment His Judgment in his Absence against him according to the Tenor of the Proclamation On the 3 Ibm. Sir John de Cobham impeached by the Commons 28th day of January the Commons in the Parlement at Shrewsbury shew the King how in the Parlement at Westminster they had accused and impeached John de Cobham Knight for that he had been counselling aiding and procuring the Commission to be made and caused himself to be put into it being made in prejudice of the King and openly against his Royal Dignity and Crown and for that in the Eleventh year of the King with others Convict in this Parlement accroaching to themselves Royal Power sitting in Judgment awarded That the King's Lieges Simon de Buerle and James Bernes Knights should be Drawn Hanged and Beheaded without the King's assent and contrary to his will in his absence and in the absence of many Peers of Parlement who arose and would not sit in such Judgment and against their Will traiterously against the Peace the King his Crown Majesty and Dignity And the same day the Duke of Surry in whose Custody he was brought him into Parlement to answer who was told by the Duke of Lancaster that he was accused and empeached by the Commons of the Treasons aforesaid and commanded him to answer at his Peril Who hearing the Impeachment said That as to the making of the Commission he was not guilty and touching the use and exercise of the same he said he would not use or meddle with it without the King's Command and therefore he went to the King and told him he with others were made Commissioners but would not act according to the Commission without his Command who commanded him to act To that the King answered he was under such Government at that time that he could say no otherwise by reason of such as were then about him and that the Commission was made against his Will the said John Cobham could not gainsay it Touching the Judgments and Award made against the said Simon and James he said he was told by those that then were Masters that it was the King's Will such Judgments and Award should be made Then the Commons prayed the King to give Judgment against him as Convict and Attaint of the use and exercise of the Commission and the Judgments and Award given and made against the said Simon and John notwithstanding his Answers Whereupon the Duke of Lancaster by Command of His Judgment the King all the Lords Temporal and William Lescrop Earl of Wiltshire having sufficient Power from the Prelates and Clergie as abovesaid by assent of the King awarded the said John de Cobham Convict and Attaint of the use and exercise of the Commission and the Judgments and Award traiterously made against the said Simon and James and therefore adjudged him Traytor and to be Drawn Hanged Headed and Quartered and that all his Castles Mannors Lands and Tenements c. which he had on the 19th day of November in the Tenth of the King's Reign and so on according Which was Pardoned by the King Being to remain Prisoner in the Isle of Jersey during Life to the Judgments given in the Earl of Arundel's Case All which Judgments the King of his special Grace Pardoned yet so as he was to be Prisoner in the Isle of Jersey during his Life and upon the same Conditions the Earl of Warwick
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A