speciali as the Record hath it After the Transaction and Settling of these Two great Affairs those whom the King employed had time from the Chronicles sent to this Parlement from the Monasteries to make a * See Mat. Westm f. 439. n. 20 30 c. Wals f. 81 c. Rot. Claus 29. Ed. I. M. 10. Dors Printed in Ryley's Placita Parliamentaria Append f. 596. The King's Title to Scotland sent to the Pope with a Narrative of the Perfidiousness of the Scots Deduction of his Right and Title to Scotland which was Historical and almost the same but more full and particular than that which was delivered to the Scots when he claimed the Superiority and direct Dominion over Scotland in the 19th of his Reign This was sent in a Letter from the King to the Pope with a Narrative of the whole Nation of Scotland having done Homage and sworn Fealty to him and owned and acknowledged him to be their King and Supreme Lord several times and what they had done against their Oaths invading burning spoiling and wasting England when they thought fit and also cautioning the Pope against the false Insinuations and Suggestions of the Scots concluding with a Petetion That he would have a Paternal Care and Affection to his Royal Rights Dated at Kemsey or Kynardesey the 7th of May A. D. 1301. if the Year began at Christmas if on Lady-day or 25th of March then 1302. in the 29th of his Reign The King at the Request of the King of France had granted the Scots a Truce which was to end at Whitsunday next coming as says the 5 Claus 29. Ed. I. Dors M. Dugd. Summons to Parl. f. 35. Writ by which he Summoned the Earls Barons and Knights such as he pleased to meet him at Berwic in the Feast of St. John Baptist with their Horse and Arms and to go with him against the Scots His Rebels and notorious Traytors to Repress their Rebellion and Pride so the Record Contra Scotos Rebelles nostros notorie proditores ad ipsorum Rebellionem Proterviam reprimendam This Summons was dated at Lincoln Feb. 14. in the 29th of Ed. 1. on the same Day he confirmed the Perambulations This Year the King made his Eldest Son Edward 6 Wals f. 79. n. 10. Matth. West f. 433. n. 50. Prince of Wales Earl of Chester Prince of Wales and Earl of Chester with which the Welshmen were well pleased as being born at Caernarvon in their own Country In Scotland he makes his 7 Pat. 29. Edw. I. M. 2. intus Claus 29. Ed. I. M. 3. Dors Procurators or Proxies to the Pope Walter Bishop of Litchfield and Coventry Amadeus Earl of Savoy Otto de Grandison Kt. and Gerrard Arch-Deacon of Lichfield to desire him speedily to put an end to all Differences between him and the French King and to complete the long-deferred Treaty of K. Edw. sends Procurators to the Pope to complete the Treaty of Peace between him the K. of From. Peace according to the Form of his Pronunciation or Decree made by virtue of the Compromise unto him but the Pope was not at leisure The Commissions or Procuratory Letters are dated at Glasco Aug. 24. in the 29th of his Reign The King staid all Winter in Scotland 8 Wals £85 n. 50. A. D. â—301 30. Ed. I. where many of his Military Men lost their Horses for want of Forage After Christmas he again at the Instance of the King of France 9 Ib. â— 86. â—in 3. He grants the Scots a Truce Granted the Scots a Truce until the Feast of All-Saints next coming and toward the Spring having settled things in Scotland returned into England All the Arguments the King used by Letters and Messages to the Earl of Savoy and Otto de Grandison 1 Claus 30. Ed. I. M. 15. Dors Two of the King's Procurators to the Pope refuse the Employment who were best acquainted with the State of his Affairs and Differences between him and the King of France could not persuade them to undertake this Embassie or Procuration to the Pope and therefore he 2 Ibm. The other two proceed committed the whole Affair to the Bishop and Arch-Deacon to hear for him and in his Name the Pope's Pronunciation Will and Pleasure in those things that then were not declared and determined between them by virtue of the Compromise made by both into his Person 3 Ibm. Ad audiendum pro nobis nostro nomine Pronunciationem vestram Voluntatem Beneplacitum super his quae inter Regem Franciae nos per vos i. e. the Pope virtute Compromissi c. restant pronunciandae facienda This Letter and new Commission was directed to the Pope to give him notice of the Refusal of the First two the Earl 30. Ed. I. and Knight and dated at Darlington in the Bishoprick of Duresm March 5. in the 30th of Edw. I. In April following Roger le Bigod Earl of Norfolk and Marshal of England granted and quiet claimed for his Heirs 4 Rot. Claus 30. Ed. I. M. 14. Dors The Earl-Marshal grants his Lands c. to the King and his Heirs to the King and his Heirs for ever All his Castles Towns Mannors Lands and Tenements in England and Wales except the Mannors of Sterington Wylton Thornton and Leversham with the Advousons of the Churches and all other their Appurtenances in the County of York and the Mannors of Acle and Castre with their Appurtenances and the Advouson of the Church of Geldeston in the County of Norfolk with the Knights Fees Advousons of Religious Houses and Churches Hundreds Honours Liberties and all their Appurtenances by what Name soever they should be called so as neither he nor his Heirs nor any one in his Name should have any Right or Claim in them Which Grant was Dated at the Abby of St. John's in Colchester the 12th of April in the 30th of Ed. I. He also made a Grant 5 Ibm. Also his Goods to the King of all his Goods and Chattels upon and in those Castles Mannors Towns c. except upon the Mannors and Lands before excepted Dated at the same Time and Place And made Letters of Attorney of the same Date to several Persons in every 6 Ibm. County where he had Lands to give Livery and Seisin accordingly Further at the same Place and on the same Day he restored remitted and quiet claimed for him and his Heirs to the King and his Heirs for ever all the 7 Ibm. He Releases and gives up his Earldom and Marshalship Right Honour and Dominion he had by the Name of Earl in the County of Norfolk and the Marshalcie of England with every thing thereunto belonging Lastly he restored remitted and quiet claimed the 8 Ibm. Castles of Bristol and Nottingham which he was to have held for Life by the Grant of the King so as he nor any one in his Name
should claim any Right therein Dated at Fulham May 15. in the 30th Year of Ed. I. The Reasons of these Grants and Restorings might be what The Reasons why the Earl-Marshal gave the King his Lands and parted with his Office and Honour Mat. Westminster reports tho' he mistakes the Year in the 33d of this King he says he then had a time of Speaking and that he warily convented the Earl-Marshal upon a Conspiracy which the Arch-Bishop of Canterbury and many Earls and Barons had contrived against him while he was in Flanders who not being able to contradict what the King said begged his Pardon For obtaining of which he made the King Heir of all Things he had By which means he saved his Life and the King as a Reward added to his Life a Thousand Pounds Land by the Year Which might be the Mannors and Lands he had liberty to except 9 Mat. West f. 452. lin 2. He with the A. Bp. and others had conspired against the King Et aderat tempus loquendi Rex convenit cautè Comitem Mareschallium super quodam Dedecore Conspiratione quam Archiepiscopus Cantuariensis plures Comites Barones contra eum Machinaverant ipso tunc agente in Flandria qui nequaquam valens ista contradicere Gratiam Regis petiit Pro qua obtinenda constituit Regem haeredem suum universorum quae habuit sic mortem perdidit vitam invenit Rex Remunerans eum vitae Comitis mille libratas Terrae adaugendo concessit In like manner the King convented all the others one by one that were in this Conspiracy and fined or punished them in Sums of Money 1 Ibm. lin 8. Similiter Rex singulatim singulos conveniens qui huic facto consenserant pecuniaria poena mulctavit Yet within this very Year of his Reign the King 2 Rot. Cart. 30 Ed. I. n. 24. 28 29. Dugd. Baron vol. 1. f. 136. col 1. The King regrants his Lands Honor and Office to the Marshal regranted the Earldom and Marescalcie of England with all his Castles Mannors and Lands in England and Wales to him and his Issue lawfully to be begotten upon the Body of his Wife Alice and for want of such Issue to return to the King and his Heirs 3 Dugd. Bar. ib. He died without Issue in the 35th of this King and the Honour and Estate came into his hands Some great Business the King had at this time that he had fixed in his Mind and laid much to Heart for which he sent Peter de Dene Canon of London and Roger le Sanvage Knight to the Pope 4 Pat. 30. Ed. I M. 12. intus Pryn's Ed. I. f. 93 The King senâ—â— Messengeâ—s to Rome upon secret Service Dilectos Fideles nostros Petrum de Dene Canonicum Londinensem Rogerum le Sauvage Militem pro quibusdam negotiis nostris quae multum insident Cordi nostro Domini summi Pontificis praesentiam destinantes c. Joining with them 5 Iâ—m William de Geynsburgh his Lieger at the Court of Rome and 6 Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery 7 Ibm. Sanctae Mariae novae in Porticu Diacono Cardinali to assist them and effectually promote his Business with the Pope and for so doing he should always find him ready 1 Pat. 30. Ed. I. M. 12. intus to do those things which were grateful to him The same Letters were wrote and directed to Six Cardinals more Four Deacon and Two Priest Cardinals This Letter is Dated June 13. at Chartham The Four Deacon Cardinals were his Pensioners Luke de Flisco Deacon Cardinal of St. Mary in the Broad way Sanctae Mariae in via lata Cardinalis Diaconus Peter Piperne Deacon Cardinal of New St. Mary Sanctae Mariae novae not in Porticu Diaconus Cardinalis William Cardinals the King's Pensioners of Pergamus Deacon Cardinal of St. Nicholas in the Tullian Prison a Parish in Rome as they all were Sancti Nicholai in Carcere Tulliano Diaconus Cardinalis Francis Deacon Cardinal of St. Mary in Cosmedyn Sanctae Mariae in Cosmedyn Diaconus Cardinalis 4 Ibm. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas for their Diligence and Sincerity in Transacting his Business The King 's former Proctors having not done any thing concerning the Peace between the Two Kingdoms he sends others to the Pope viz. 3 Claus 30. Ed. I. M. 6. Dors New Procurators sent to the Pope for a final Conclusion of the Peace between the two Kingdoms William de Gainsburgh and H. de Hertpole Two Friers Minors and Two of his own Clerks John de St. Clare Cannon of London and Philip Martell Professor of the Civil Laws with William de Dene Knight or any Four or Three of them with full Power to give a final Dispatch to this Business according to the Form of his former Pronunciation or Decree 4 Pat. 30. Ed. I. M. 9. intus Without effect Giving them also in their Commission or Letters Procuratory full and free Power to Demand Hear and Receive a total Consummation of his Decree and the Peace to ensue thereupon Both these Records are Dated at Arundel Septemb. 9. A. D. 1302. in the 33th of this King Their Negociation proved also ineffectual As the Earl Marshal so Humphry de Bohun Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign and doing Homage had 5 Dugd. Bar. f. 183. col 1. Rot. fin 27. Ed. I. M. 23. The Constable grants all his Lands Honours and Office to the King Livery of his Father's Lands in the 27th This Year also granted all his Castles Towns Mannors Lands and Tenements Knights Fees Advousons of Religious Houses and Churches Hundreds Honors Liberties and all their Appurtenances in England and Wales to the 6 Roâ— Claus 30 Ed. I. M. 5. Dors King and his Heirs for ever without any Exception or Reservation of any thing to himself 7 Ibm. The King regrants them upon Marriage with his Daughter And all his Right Honour and Dominion he had as Earl in the Counties of Hereford and Essex and the Constableship of England The Grant is dated at London the 8th of October in the 30th of Edw. I. Which upon the Marriage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland Zeland and Lord of Friseland were 8 Dugd. ut supâ—a Claus 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Seagrave made Guardian of Scotland Regranted to him about two years after After the Feast of All-Saints when the Truce with the Scots was expired the King sent 9 Wals f. 86. n. 30. John de Seagrave with an Army into Scotland 1 Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
Royal Power in Prejudice of the King his Royal Estate his Crown and Dignity And that the Charter of Pardon was made in Deceit of the King and expresly against him his Royalty sa Regalie and Dignity wherefore the said Pardon and Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command declared to him the Law and the Punishment he must undergo if he said nothing else and told him if he did not plead further he would be Convict and Attainted of all the Matters objected against him Notwithstanding this and the Repeal of the Charter and Pardon he demanded the Allowance of them The Appellants in their proper Persons prayed the King it would please him to give Judgment upon him as Convict of all His Judgment the Points he was Appealed Whereupon the Duke of Lancaster by Command of the King and all the Lords Temporal and Sir Thomas Percy having Power sufficient from the Prelates and Clergy as appeared by Record in this Parlement Awarded the Earl of Arundel Culpable and Convict of all the Points of which he was appealed and adjudged him Traitor to the King and Realm and that he should be Drawn Hanged Headed and Quartered and because The Aggravation of his Treasons the Treasons were so high as to have surrendred their Homage Liege and Deposed the King and the Levying of War having been so notorious the said Duke of Lancaster by Command of the King the Lords Temporal and Monsieur Thomas Percy having Power as above by Assent of the King Awarded That all the Castles Mannors Lands Tenements Reversions Fees Advousons and every other manner of Inheritance as well in Fee-taile as Fee-simple which were the Earl of Arundel's on the 19th of November in the 10th Year of the King or afterwards and also all the Lands and Tenements of which other Persons were inâ—eoâ—â—ed to his Vse the said 19th of November or afterwards should be forfeit to the King and his Heirs and also all his Goods and Chattels should be forfeited to the King who pardoned the Execution of his Judgment to be Drawn Hanged and Quartered but was Beheaded near the Tower of London on the same Day The King and Lords as well Spiritual and Temporal would not nor was it their Intention that the Lands and Tenements Fees Advowsons Reversions or any other Inheritance the said Earl of Arundel was infeâ—â—ed to the use of another by reason of this Judgment should in any manner be forfeit On the same day the Earl of Arundel was 3 Append. n. 111. brought into Parlement Tryed and Convicted the King directing his Warrant to Thomas Earl Marshall Captain of the Town of Calais and to his A Warrant to the Earl Marshall to bring the Body of the Duke of Glocester into Parlement Lieutenant That he should bring the Body of Thomas Duke of Glocester in his Custody with all speed he could to Answer to divers Articles of Treason in Parlement according to the Law and Custom used in England objected against him by the Appellants and to do further and receive what should be ordered by him and his Council concerning him in Parlement Dated at Westminster the 21st of September in the 21st year of his Reign by the King and Council in Parlement The 4 Ibm. The Earl Marshal returned he was dead Answer of the Earl Marshall was That he could not bring him before the King and his Council in that present Parlement for that he being in his Custody in the King's Prison at Calais died there This Return was made September 24. Upon 5 Pleas of the Crown 21 Ric. II. Reading of this Writ and Return in Parlement the Appellants in their proper Persons prayed the King That the Duke of Glocester might be declared Traytor and Enemy to him as having levied War in the Kingdom against his Person contrary to his Ligeance and that all his Lands Tenements Goods and Chattels as they ought in this Case notwithstanding his Death might be forfeit Whereupon the Commons also of this Parlement prayed the King and Lords That it being notoriously known to the King and all the Estates of the present Parlement and to all the Kingdom that the Duke and others of his Party assembled at Haringay in the County of Middlesex with a great number of People Armed and Arrayed to make War against the King contrary to their Ligeance and came with such Force into the presence of the Person of the King which was to levy War against their Liege Lord That he might be adjudged Traytor and that his Lands Tenements Goods and Chattels might be forfeit notwithstanding his Death as they ought in this Case Upon this all the Lords Temporal and Monsieur Thomas Percy having Power as abovesaid having been fully Examined said That the said Crime and Treason were notoriously known to them and the whole Kingdom wherefore His Judgment all the Lords Temporal and Monsieur Thomas Percy by assent of the King declared him guilty of levying of War and Traytor and adjudged all his Castles Mannors Lands c. which he was possessed of on the 13th of November in the Eleventh year of this Reign as in the Earl of Arundel's Judgment forfeit to the King and his Heirs And that none of his Issue or Heirs of his Body or their Issue or Heirs in time to come should ever bear the Royal Armes of England intire nor with difference ne ove deference or in other manner whatsoever nor should inherit the Crown of England Upon 6 Ibm. the 25th of September the Appellants in full Parlement prayed the King That if there were any thing upon Record whether by Confession of any Person appealed or other Person whatsoever touching their Appeal that it might be openly known and declared in full Parlement Then by Command of the King and Advice of all the Lords Temporal 7 Append. n. 112. The Confession of the Duke of Glocester when Prisoner before Sir William Rickhill a Commission bearing Date the 17th of August this year was read directed to Monsieur William Rickhill one of the Justices of the Common Bench and a Confession made before him by Thomas Duke of Glocester by force of that Commission and the Return of that Commission was then also Read which follows in these Words This is the Answer 8 8 Pleas of the Crown in Parlement 21 of Ric. II. of William Rickhill to the Commission of his Liege Lord. THomas Duke of Glocester be the name of Thomas of Woodstok the zer of the King Richard Twenty one in the Castle of Cales by vertue of a Commission of the King as it is more plainly declared in the same directed to William Rickhill Justice hath * * Declared
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
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
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
Edward Where the Fines and Sums are not mentioned in the Certificates they are noted in an Account of them at the end of the Bundles of Certificates in this manner Henry de Gudeford gives the King to have his Protection x 1. Philip de Willugby entred into Recognisance to satisfie the King for his Lands and Tenements and Chattels found upon them and hath Protection for himself and Tenents Hugh Parson of Kingston before Sir Aleyn Plokenet and the Sheriff of Somerset made Fine of viii s. which is the Double c. And so the Certificates of very great numbers of others are contained and to be seen in the Bundles in the Tower What was done upon the second Commission appears by the Writs directed to the Sheriffs for Discharging and setting at Liberty such Rectors Vicars Priests and Clerks as had been imprisoned for publishing of the Popes Bull and Sentence of Excommunication and other Misdemeanors against the King and his Crown While the Execution of this first Commission was in Agitation there was an Assembly of the Clergy to be in Mid-Lent at London to which Assembly the King directs this Writ EDward 3 3 Append. n. 23. The Clergy forbidden to ordain any thing in preiudice to the King or his Affairs in their Synod by the Grace of God King of England c. To the Honourable Fathers in God the Arch-Bishops Bishops and other Prelates and to all those of the Clergy who at Mid-Lent next coming are to meet at London Greeting We forbid you all and every one of you upon as much as you can forfeit to us That you or none of you do ordain or cause to be ordained or assent to any Ordinance in that Assembly that may turn to the prejudice or grievance of us or any of our Ministers or those that are in our Peace or Allegiance and in our Protection or Adherents or any of them Given at Sturmister the 21st day of March in the 25th of our Reign And Hugh le Despenser had a Commission of the same Date to go in his own Person and take such with him of the Council as he thought fit to publish this Prohibition at the day of their meeting Pat. 25. Ed. I. p. 1. M. 9. The Result of this Synod we have in 4 Fol. 430. lin 4 A. D. 1297. The Result of that Synod Matthew of Westminster who tells us That the Archbishop and certain other Bishops his Suffragans meeting at St. Paul's London on the 26th of March to consult of the State of the Church Two Lawyers and Two Frier Preachers stood up and in hopes of gaining Royal and Temporal Favour argued and endeavoured to prove that the Clergy in time of War notwithstanding the Pope's Prohibition might Lawfully give and pay Taxes to the King And furthermore it being forbidden any one under Pain of Imprisonment to publish the Sentence of Excommunication against the King himself or those which lately sought his Protection they all departed The Arch-Bishop having first charged their Consciences with this saying Salvet suam animam unusquisque Let every Man save his Soul What was done upon the second Commission appears by the What was done upon this second Commission Writs directed to the Sheriffs for Discharging and setting at Liberty upon Security given such Rectors Vicars Priests and Clerks as had been imprisoned for publishing of the Pope's Bull and Sentence of Excommunication and for other Misdemeanors against the King and his Crown The King to the Sheriff 5 Append. n. 24. of Devon Greeting We Command thee That thou settest at Liberty first taking Security that they give us Satisfaction when we demand it those Chapellanes which thou didst lately take and imprison for publishing a certain Sentence and other Transgressions against us and our Crown according to what we more fully enjoined thee by Word of Mouth Witness the King at Plimpton the 11th day of April in the 25th of his Reign This Writ was followed by another directed to the Sheriff of Cornwall to the same purpose but more particularly for the delivery of such as were named in the Writ The King to the Sheriff of Cornwall Greeting 6 Append. n. 25. We Command thee That if our beloved in Christ William Bodrugan Archdeacon of Cornwall will undertake to have before thee Master Clement de Rupe Master Ralph de Treredenek William Vicar of the Church of St. Sevara and Thirty three others which were taken and detained in Prison at Launceston for publishing of a certain Papal Letter i. e. the Bull as 't was said so as they may appear before us at our Pleasure to make Satisfaction for their Faults if they have committed any of this Kind Then that you cause without delay to be delivered from the Prison aforesaid those Rectors Vicars Priests and Clerks which upon that occasion and no other were detained in the same Witness the King at Plympton the 17th of April in the 25th of his Reign King Edward's Engagements to the Earl of Flanders and his other Confederates required his going over Sea and about Ten days after at this place he directs his Warrants 7 Append. n. 26. The King gives Command to his Fleet to be ready to pass beyond Sea to the Barons and Goodmen of his Ports of Hastings Favesham Sandwich Hethe Winchelse Romenhale Dover and Rye commanding them to have the whole Service of their several Ports that was due to him ready Armed and Equipped at Winchelse on the Morrow of St. John the Baptist next coming to go whither he should command them And he Required them further That besides their Service they should fit out and arm all other Ships of Forty All Ships of Forty Tuns Burthen commanded to be ready Tuns Burthen or above to be ready at the same day and place to go with their other Ships into his Service but that he would not this should be made an Example for the future Witness the King at Plympton the 27th of April in the 25th of his Reign On the same day and at the same place he directs his Warrants 8 Claus 25. Ed. I. M. 19. Dors to the Bayliffs and Good-men of Yarmouth and to the Mayors and Bayliffs of all Ports in England the Occasion being Extraordinary to arm and set out all the Ships of 40 Tuns and above of their several Ports so as they might be at Winchelsey on the Morrow of St. John Baptist as before He sent also his Warrants and Orders of the same Date 9 Ibm. M. 19 20. to the Warden of the Cinque-Ports and the Sheriffs of all Counties in which there were Sea-Ports to repair to them and take care the Ships should be Armed and Equipped and ready at Winchelsey at the time he had Commanded Soon after 1 Claus 25. Ed. I. M. 17. Cedul Summons to all that had 20 l. per Annum to go with the King the King wrote to all the Sheriffs of England and Reginald de
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
and of our Kingdom according to Right and Reason We Grant by these our Letters to such as may be chosen by the Prelates Earls and Barons whoever they shall be full Power to Ordain the State of our Houshold and of our Kingdom abovesaid in such manner as their Ordinances be made to the Honour of God to the Honour and Profit of Holy Church and to the Honour of us and our Profit and to the Profit of our People according to Right and Reason and the Oath which we made at our Coronation And we Will that those which are chosen and all under our Dominion and of our Ligeance shall observe and keep the Ordinances to be made in all Points and that they may secure the Observation of them they may Bind themselves and Swear to one another without being questioned by us or our Friends and if peradventure it shall happen that part of those which shall be chosen to make the said Ordinances shall be hindered by Death Sickness or other reasonable Cause which God forbid so as they cannot perfect the said Ordinances then it shall be lawful for such as are present to Proceed by themselves or call such other to their Assistance as shall be most for the Honour of us the Profit of us and our People In Witness of these things we have caused to be made these our Letters Patents Given at Westminster the 16th day of March. The very day following the Prelates Earls and Barons or at least as many of them as might then be in London 1 Append. n. 51. An Instrument made by the Nobility to the King concerning the Commission above made an Instrument to the King wherein after they had repeated this Grant and Commission they grant and promise for them their Successors and Heirs That the Grant which their most Dear Lord their King had made as abovesaid should not at any other time be drawn into Custom or Usage nor turn to the prejudice of the King or his Heirs or of them their Successors or Heirs nor to the damage of any one against Right and Reason nor That the Grant aforesaid may in other manner be intended or claimed properly from his Courtesie and Free Will or Pleasure and that the Power of the said Ordainers as to making the Ordinances should not indure longer than the Time limited In Witness whereof they put their Seals to these their Letters Patents Given at London the 17th Day of March in the Year of Grace 1309. and the Reign of their Lord the King the Third They lost no time after they had their Commission for within three days the Ordainers were chosen and sworn They were these 2 Claud. D 2. f. 295. a. in Biblioth Cotton under-written The Arch-Bishop of Canterbury Bishops of Earls of Barons London Gloucester Hugh de Ver. Salisbury Lancaster William le Marshall Chichester Lincoln Robert Fitz-Roger Norwich Hereford Hugh Courtenay St. David's Pembroke William Martin Landaffe Richmond John de Grey  Warwick   Arondell  The Oath was this 3 Ibm. as 't is translated from the Old French I will make such Ordinance as shall be to the Honour of God the The Ordainers Oath Honour and Profit of Holy Church and to the Honour of our Lord the King and to the Profit of him and of his People according to Right and Reason and according to the Oath which our Lord the King sware at his Coronation And that I will not forbear for any Man Rich or Poor nor for Love or Hatred nor any other thing But will make such Ordinance in Form abovesaid 4 Ibm. And then after the Form of taking of it 't is noted in Latin That Factum fuit Receptum praedictum Juramentum c. The said 5 N. 52. Oath was made and taken in the Form aforesaid according to the King's Will and special Command on Friday the 20th of March in the Year of our Lord 1309. in the Third Year of the Reign of King Edward the Son of King Edward at Westminster in the Great Painted Chamber of the said King The Ordinances themselves are transcribed from the Parlement-Roll and Printed in the Appendix and were to this Effect and according to this Sense and Tenour For that the King was Deceived by Evil Counsel and the Nations of Gascoigne Ireland and Scotland in danger to be lost and the Realm of England to be ruined by Oppressions Prizes Takings and Destructions therefore Robert Arch-Bishop of Canterbury the Bishops Earls and Barons Chosen according to the King's Commission did Ordain to the Honour of God and Holy Church and the Honour of the King and his Realm in manner following 1. That Holy Church have all its Franchises as it had before The Ordinances and ought to have 2. That the King's Peace be kept throughout the Realm so as any Man may safely go come and stay any where according to the Law and Usage of the Realm 3. It is Ordained for the Payment of the King's Debts the Bettering and more Honourable Maintenance of his Estate That nothing of Lands Rents Franchise Escheat Ward Marriage Office or Bailiwick be given to any of the Ordainers during the time of their making Ordinances nor to any other Person without the Advice and Assent of the Ordainers or the greater Part or Six of them at least but that all things may be improved to the Honour and Profit of the King and Advancement of his Estate 4. That the Customs be Received by Persons of the Realm and not by Strangers that the Issues and Profits of them and all other things do come entirely into the Exchequer and be delivered thence by the Treasurer and Chamberlains for to maintain his House or Court and otherwise to his Profit that the King may live of his own without taking any other things than anciently due and accustomed 5. That the Merchants Aliens and their Goods be Arrested while they have given Account of the Customs and other Profits and Issues of the Realm they received since the Death of King Edward the Father of this present King before the Treasurer and Barons of the Exchequer and others to be joined with them by the Ordainers 6. That the Great Charter be kept in all its Points and that the Ordainers and such as they shall call to their Assistance during their Power shall declare all obscure and doubtful Points in it 7. For that the Crown was so abased and dismembred by divers Gifts it was Ordained That all the Gifts Granted to the Damage of the King and Distress of the Crown after the Commission to them made of Castles Towns Lands Tenements Offices or Bailiwicks Wards Marriages Escheats and Releases whatsoever as well in Gascoigne Ireland Wales and Scotland as in England should be Repealed and were declared Repealed without any Regranting to those that had them unless by common Consent in Parlement or if any such Gifts or Releases were afterwards made without Assent
of his Baronage in Parlement until his Debts were paid and his Estate advanced they should be null and the Procurer punished in Parlement by award of the Baronage 8. For that it had been at other times Ordained That the Customs Issues and Profits of the Crown should be received by the People of the Realm and not by Strangers and paid into the Exchequer for the Maintenance of the King's Houshold c. and it had not been done as Ordained therefore it was Ordained again it should be so 9. And for that the King ought not to undertake to make War against any one or go out of the Realm without the common Assent of his Baronage for many Dangers that might happen to him and his Realm it was Ordained That afterwards the King should not go out of his Kingdom or make War against any without the common Assent of his Baronage and if he should do otherwise and cause his Service to be summoned the Summons should be null and void And if it should happen the King should make War against any or go out of the Kingdom by Assent of his said Baronage and that it should be necessary to appoint a Guardian of the Realm he ought to be appointed by common Assent of his Baronage in Parlement 10. That there be no Prises or Takings for the King but such as are due of ancient Right that none under colour of Purveyance take to the use of the King or other any Corn Goods or Merchandise of any one against his Will or with his Will according to * Cap. 19. Magna Charta without paying the true Value for it under pain of being pursued by Hue-and-cry and if taken committed to the next Gaol and undergoing the Common Law as a Thief and Robber 11. That no new Customs or Maletolts levied sinee the Coronation of Edward I. or Inhancement of the old be taken of Merchants notwithstanding the Charter made by him to the Merchant Strangers against the Great Charter the Franchises of the City of London and without the Assent of the Baronage c. 12. To the Honour of God and of Holy Church it was Ordained against such as should maliciously procure Prohibitions and Aâ—eachments against the Ordinaries of Holy Church in case of Correction of Sin and other things purely Spiritual which belonged not to the Lay Court That the Justices should award Damages to the Ordinaries and if the Plaintiffs had not wherewith to pay them they should be committed to Prison so long as the Grievance miliciously procured should require saving the Estate of the Kingand Crown and other Right 13. That because the King had been Guided and Counselled by Evil Counsellors therefore it was Ordained all Evil Counsellors should be removed from the King that neither they nor any such should be near him or hold any Office under him and that other fit Persons should be put in their Places and in like manner it should be done to his Menial Servants and the Officers of his Houshold 14. For that many Evils happened by such Cousellors and Ministers it was Ordained That the King should make the Chancellor Chief Justice of one Bench and the other Treasurer Chancellor and Chief Baron of the Exchequer Steward of his Houshold Guardian of the Wardrobe Comptroler and a sit Clerk to keep the Privy Seal the Justices of the Forest on this side and beyond Trent the Escheators on this side and beyond Trent and the Chief Clerk of the Common Bench â—y 〈…〉 be Advice of vs Baronage in Parliament and if it should happen and be necessary to chuse any such Officers when there was no Parliament then the King should do it by the Advice he had about him until there should be a Parlement And so it should be for the future concerning such Ministers when need required 15. That all Governours of Ports and Castles upon the Sea be placed and made according to the Form abovesaid 16. And for that the Nations of Gascoigne Ireland and Scotland were in danger to be lost for want of Good Ministers it was ordained That Good and Sufficient Officers should be placed there according to the Form of the 2d Article next above that is the 14th 17. That Sheriffs be from thenceforth made by the Chancellor and Treasurer and such of the Council as shall be present and if the Chancellor be not present then by the Treasurer Barons of the Exchequer and Justices of the King's Bench that such should be chosen only as had Lands to answer the King and People for their Doings and no others to have Commissions under the Great Seal 18. That the Guardians and Officers of Forests receive just Trials for their Grieving the People Oppressions and Misdemeanours and be removed from their Offices notwithstanding they have Grants for their Lives 19. Directs the manner of Trial of Trespasses of Vert and Venison c. in the Forests according to the Charter of the Forest and Declaration of King Edward I. which is there recited 20. For that by the Examination of Prelates Earls Barons Knights and other Good People of the Realm it was found that Peirs de Gaveston had evilly Counselled the King and had inticed him to do ill in divers manners That he cheated the King of his Treasure and sent it beyond Sea That he accroached to himself Royal Power and Dignity in making Alliances with People upon Oath to live and die with him against all Men That he put from the King Good Officers and placed about him those of his Covin and Party as well Strangers as others That he estranged the King's Heart from his Liege People so as he despised their Counsels That he caused the King to grant Lands Tenements and Offices to himself and his Heirs and divers other People to the great Damage and Injury of the King and his Crown That he caused Blank Charters to be sealed with the Great Seal in deceit and disinheritance of the King and Crown That he maintained Robbers and Murderers causing the King to pardon them That King Edward the Father of the present King ordered him to forswear the Realm of England and directed that his Son the present King should for ever forswear his Company and for several other Reasons as the Nourishing of Concord between the King and his People and the Eschewing of many Perils and Discords it was Ordained the said Peirs should for ever be exiled out of England Scotland Wales and Ireland and all the King's Dominions either on this side or beyond the Sea between that time and the Feast of All-Saints next following having Dover assigned him for his Port to pass from and no other and if he should be found in England or any other part of the King's Dominions beyond that Day then he should be treated as an Enemy to the King Kingdom and People 21. That * This Emeric and those of his Company were a Society of Merchants by the name of the Society of
Merchants of Friscobald's of Florence who Rented the King's Customs of Wooll Wooll-fells and Leâ—ther and had done so in the Ed. I. Paâ— 35. Ed â— M. 17. Dors Emery and those of his Company of Friscomband should render an Account of the Treasure he had received as he was ordered within the Quinden or 15 days after St. Michael or the Bodies and Goods of that Company which were found in the Power of the King should be arrested and Emery declared and holden the King's Enemy and used as such if he was found in the King's Power on this side or beyond the Sea 22. For that Monsieur Henry de Beaumont to the Damage and Dishonour of the King had received of him the Kingdom of Man after it had been Ordained otherwise by the Ordainers and other Rents Lands Franchises and Offices and procured for others Lands Rents Tenements Franchises and Offices against such Ordinance And for that he gave evil Counsel contrary to his Oath it was Ordained he should be outed the King's Council for ever and not to come near the King unless he were summoned to Parlement or in War if the King would have him or by common Assent of Arch-Bishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seized into the King's hands until he should be satisfied the full Value of what he had received of those Lands given him by the King contrary to their Ordinance and if he contended against this Ordinance then for ever to be Disinherited of all Lands of the King's Gift 23. That it was found by the Examination of Prelates Earls and Barons That the Dame de Verscy had procured the King to give to Sir Henry Beaumont her Brother and others Lands Franchises and Offices to the Damage and Dishonour of the King and open Disherision of the Crown Et ausint procure Demander hors Lettres Desus la Targe contre ley lentention du Roy It was Ordained she should go to her House within 15 days after St. Michael next coming without ever returning to Court to stay there and for all these things aforesaid and for that the Castle of Bamburgh was Parcel of the Crown it was Ordained it should be re-taken into the King's Hands and should not be given to her or any other without the Pleasure and good Will of the King 24. That Acquittances should be allowed for Debts paid and Accounts made in the Exchequer and if the Treasurer and Barons of the Exchequer allowed them not or made them not in due form the Plaintifs should have Remedy upon Petition in Parlement 25. For that common Merchants and many other People are received to Plead in the Exchequer Pleas of Debt and Trespass by reason they are avowed by Officers of the place more than before which ought not to be whereby Accounts and other things touching the King are often delayed and the People much grieved it was Ordained That for the future no Pleas should be holden in the Exchequer but such as concerned the King and the Officers of the Exchequer and their Menial Servants And if any be received by Avowry of the Place to Plead therein contrary to the Form abovesaid such as are Empleaded shall have their Recovery in Parlement 26. Also For that the People are much grieved that the Marshal and Steward hold many Pleas which belong not to their Office it was Ordained they should not hold Plea of Frank Tenement or Debt or Covenant or Contract nor the Common Pleas of the People but only Debts and Trespasses of the Court or King's House within the Verge and Contracts and Covenants of such as belong to the Court and no others and that they should be speedily Pleaded from day to day and ended before the King passed out of the Limits of the Verge where the Trespass was done and if Pleas were held otherwise they should be null and such as were grieved might have Redress by Recovery of Damages in the Kings-Bench by Writ out of Chancery 27. For that before that time many Felonies had been committed within the Verge which were not punished because the Coroners of the Country were not permitted to Enquire of such Felonies but only the Coroners of the Houshold who were Partial The Country Coroners without the Verge were to be joined with them in the Case of Murder especially c. 28. For that the People were much grieved that some Persons Bandied together to Kill and Rob them by reason the King by Evil Counsel gave them their Pardons against the Law It was Ordained That for the future no Charters of Pardon should be granted for any manner of Felony but in Case where the King might do it by his Oath Process of Law and the Custom of the Land and if any other were granted it should be void 29. For that many People are delayed of their Demands in the King's Court i. e. Bench because the Parties alledge they ought not to Answer the Demandants without the King and also many of the People grieved by the King's Officers against Right of which Grievances Men can have no Remedy but by frequent Parlements it was Ordained That the King hold a Parlement once every year or twice if there be need and in convenient place and in those Parlements those Pleas which were so delayed and those where the Justices should be of divers Opinions Recorded and Determined and in the same manner Bills i. e. Petitions should be delivered and ended in Parlement according to Law and Reason 30. That Money shall not be altered without great occasion and then by common Advice of the Baronage in Parlement 31. All Statutes made in Amendment of the Law and for the Profit of the People by the King's Ancestors shall be kept and maintained as before and ought to be according to Law and Reason if they were not contrary to the great Charter the Charter of the Forest or these Ordinances and if so then to be null and void 32. That the Law or Common Right be not delayed by Letters of Privy Seal and such Letters to be void if procured 33. Contains an Interpretation of the Statute of Acton Burnel 34. Concerns the Case of Appellants or Appealors and the Sheriffs and Gaolers Practices thereupon now almost antiquated 35. That no Man be appealed of Felonies maliciously or Outlawed in the Country where he hath no Land or Tenements nor put to Death or Disherited by such Suit or Outlawry he rendring himself to the King's Prison c. 36. For the abatement of Appeals in Suits and Slight Cases in Murder and Robbery if the Appellees were acquitted they should recover against the Abettors and Appellors according to the Statute 37. Against Protections for the Delay of Suits as well in Pleas of Land as of Debts and Trespasses by such as feigned themselves in the King's Service That the Plaintiff or Demandant discovering the Deceit to have Damages awarded him at the Discretion of the Justices and the
Tenent of the Land to be adjudged to Prison a year and day for Cheating the King and Court and if the Deceit be found in a Plea of Debt or Trespass upon Attaint the Defendant shall be punished to the King and pay Damages to the Plaintiff 38. Also it was Ordained the great Charter of Franchises and the Charter of the Forest of King Henry the Son of King John should be holden in all Points and if there were any Points doubtful in them they were to be declared next Parlement after this by the Baronage Justices and other Sages of the Law and this was to be done after this manner because it was not in their power for want of time 39. That the Chancellor Treasurer Chief Justices of one Bench and the other Chancellor of the Exchequer Treasurer of the Wardrobe Steward of the Houshold all Justices Sheriffs Escheators Constables Inquirers into any Matter whatsoever it was and all other Bayliffs or Officers of the King should be Sworn when they received their Offices to keep and observe all the Ordinances made by the Prelates Earls and Barons chosen and assigned for that purpose and every one of them without doing any thing to the contrary 40. Also it was Ordained That in every Parlement there should be assigned One Bishop Two Earls and Two Barons to hear and determine all the Complaints of those that would impeach the King's Ministers whosoever they were for doing any thing contrary to these Ordinances and if all the Parties assigned could not attend to hear and determine these Plaints then Three or Two of them might and punish such as should be found to have acted contrary to these Ordinances to the King and to the Complainants according to their Discretions 41. Also they Ordained That the Ordinances abovesaid should be maintained and kept in all their Points and that the King should cause them to be put under his great Seal and sent into every County of England to be published and firmly observed as well within Franchises as without and in like manner the Warden of the Cinque-Ports should be sent to that he should publish them to be kept through his whole Jurisdiction Then follows the King's Confirmation WE these same Ordinances shewed to us and published on Monday The Ordinances confirmed by the King next before the Feast of St. Michael last past do Agree unto Accept Confirm Will and Grant for us and our Heirs That all the said Ordinances and every one of them made according to the Form of our Letters Patents shall be published and hereafter firmly observed and kept In Witness whereof we have caused to be made these our Letters Patents Given at London the 5th day of October in the 5th year of our Reign In the Parlement Roll 't is not entered or any mention made of the Protestation the King made when he confirmed these Ordinances 6 Pat. 6 Ed. II. part a. M. 20. intus Ril Plac. Parl. f. 541. That is to say That if they contained any thing to his Damage or Prejudice or contrary to the Commission granted to the Ordainers Eapro non concessis non confirmatis haberentur those things were not granted or confirmed reserving The King's Protestation that if the Ordinances contained any thing to his damage it should be void to himself in that Protestation Power by good Advice of the Ordainers and others to correct and amend the same as was more fully contained in a Publick Instrument made of this Protestation The Summons to this Parlement wherein these Ordinances were confirmed were Dated at 7 Cl. 4 Ed II. M. 1. Dors A Parlement summoned to confirm these Ordinances Berwick upon Twede the 16th day of June in the 4th of Ed. II. for it to meet the Sunday before St. Laurence or the 10th of August which was in the 5th year of his Reign at London In the mean time there 8 Cl. 5 Ed. II. M. 31. Dors A Quarrel between two Barons happened divers Debates and a Quarrel between Two Barons Nich. de Segrave and William Marshall who took Arms on both sides and engaged their Friends and Confederates so to do intending to come to this Parliament with a Multitude of Armed Men 9 Ibm. They intend to come to the Parlement with a number of Armed Men on either side The King forbids them The King taking notice it would be in Contempt of him the Hindering of the Dispatch of Business to the Terror of the People and Disturbance of the Peace sent his Prohibition to them Commanding them upon their Faith and Homage and forfeiture of their Lands and Tenements and all they could forfeit they should not come to the Parlement so Armed or in any other manner than they and others use to come in the time of his Father Witness the King at Berwick upon Twede July 20th After the Articles had been confirmed several of the Prelates Earls and Barons thought it had been a long Session and made it their 1 Cl. 5 Ed II. M. 25. Dors The Continuation or Prorogation of this Parlement Request to the King they might retire into their own Countries by whose Advice or Assent he continued the Parlement unto the Friday next after the Feast of All-Saints at Westminster Parliamentum illud usque in diem Veneris proximum post festum omnium sanctorum celebrandum duximus continuandum and gave Leave to some of the Prelates Earls and Barons in the mean time to go home Et quibusdam de Praelatis Comitibus Baronibus licentiam concessimus se interim ad propria divertendi commanding 2 Ibm. them to be at the time and place aforesaid and further commanding the Arch-Bishop of Canterbury That he should give notice to the Deans and Priors of 3 Ibm. Cathedral Churches also the Abbots and Arch-Deacons in their own Persons and the Clergy of the whole Province by their Proctors to be in that Parlement 8 days after St. Martin Witness the King at London the 8th day of October But this short time as he thought for the Summons of his Clergy 4 Ibm. pleased not the Arch-Bishop and therefore the King if there might be any Words in that Writ 5 Ibm. prejudicial to him and his Church promised they should be amended in Parlement and gave him Leave to Direct his Clergy to be at the Parlement Fifteen days or Three weeks after St. Martin according to his Discretion Witness the King at Eltham the 24th day of October The Arch-Bishop without doubt took the longest time and accordingly others of the Prelates Earls and Barons delayed their coming until the Clergy should meet unless there were a further continuance of the Parlement which I find not for on the 28th of November the King issued his 6 Cl. 5 Ed. II. M. 22. Dors The great Earls intended to come to Parlement with Horse and Arms. The King Commands them not to come in such manner Writs to Gilbert of
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
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
349. dying on the 3d of January at Bois de Vincennes A. D. 1322. The Youngest Brother Charles called the Fair 2 Ib. f. 350. Charles the Fair King of France succeeded him and was Crowned at Reims on the 11th of February following A. D. 1322. all the Peers of France assisting at that Solemnity but the King of England and Earl of Flanders This King not long after sent his Envoys 3 Wals Hist f. 119. n. 20. f. 20. n. 10. to cite King Edward to come and do his Homage for the Dukedom of Aquitan and Earldom of Panthieu The King sent wholly to excuse himself or for but a time to delay it by Advice of his Council 4 De la Moor f. 596 n. 20 30 c. He summons K. Edward to do him Homage who made his Excuse the Earl of Kent and Arch-Bishop of Dublin they were honourably received by the King of France but returned without obtaining what they were sent for The King of France took these Excuses for a Denial and sent his Unkle 5 Ibm. De la Moor. n. 40 50. which the K. of France took for a Denial and sends to seize the Dutchy of Aquitan and Earldom of Ponthieu A Truce between the two Kings while a Peace made Charles of Valois an Enemy to the English for the Disobedience of King Edward in not doing his Homage to seize the Dutchy of Aquitan and Earldom of Ponthieu He took Possession of Agen and some other Parts of that Dukedom and went to the Town of Regle or Reole which was Fortified and the Earl of Kent the King's Brother in it which was yielded and upon a Treaty between them Two a Truce was made while the Two King's might agree upon a Peace In the mean time the King accused Adam 6 Wals Hist f. 119. n. 30 40 50. The King accused Adam Bishop of Hereford His Excuse for not answering Bishop of Hereford in Parlement for Treason for assisting his Enemies and Traytors He said he was a Consecrated Bishop and Member of Holy Church and could not answer to so hard a Charge without the Consent of the Arch-Bishop of Canterbury who was his Judge next to the Pope and the other Bishops his Peers The Arch-Bishop and Bishops hearing what he said implored the King's Favour for him who not granting their Request they challenged him as a Member of the Church A few days after the King renewed his Accusation when the Arch-Bishops of Canterbury York and Dublin with Ten other Bishops came to the Place of Judgment and took away their Brother without making Answer enjoining all Men in the Name of God not to lay violent hands upon him Anathematizing all that should do it After this the King being much moved caused him to be Tried by a Jury of his Country who found him Guilty whereupon all his Lands and Temporalities were seized The 7 Claus 1. Ed. 3. Part 1. M. 13. intâ—â—â— His Crimes Record by which he was Restored to his Temporalities in the First of Edward III. reciting the Record of his Trial in the Country gives a more particular Account of his Crimes which informs us That by Inquisition taken at Hereford before the Justices of the Kings-Bench it was presented That Adam Bishop of Hereford was of the Confederacy of Roger de Mortimer of Wigmore who was then reputed an Enemy and Rebel to the King his Father and that he sent certain Men at Arms to his Assistance and then being accused for these things before the Justices and his Father He pleads he cannot answer without offending God and Holy Church nor without leave of the Pope He is found Guilty by Inquisition he alleged that without offending God and Holy Church and without leave of the Pope he could not or ought to answer nor ought the Justices to proceed to take the Inquisition and though the Bishop submitted not to the Inquisition yet the Justices went on and for that it was found by that Inquisition that the Bishop was of the Confederacy of the said Roger and sent to his assistance Men at Arms It was adjudged by the Justices he should as convict remain in the Custody of the Archbishop of Canterbury and that his Lands and Tenements Goods and Chattels should His Lands Tenements c. Adjudged to be Seised be seized into the King's Hands and remained so seized until the Date of this Record by which they were restored Witness the King at Westminster the 16th of February in the First of his Reign After this Judgment given by the King's Justices this 9 De la Moor f. 597. thro' out He upon that Judgment endeavours to revive the Hatred of the Nobility against the Spensers And incense the Queen against them and the King her Husband Bishop used all means to revive the Hatred of the Nobility against the Spensers now laid asleep and incensed the Queen against them upon pretence they advised the King to reduce her Family to a less Number and Retrench her Expences which being a Lady affecting Prodigality caused her Hatred not only toward the Spensers but also toward her Husband He made use of the Opportunity he had in many private Conferences about the times and incited and increased her Indignation as did likewise the Bishop of Lincoln and both Bishops advised her to take an Opportunity of making a Visit to her Brother the King of France and her Vncle Charles de Valois and beg their advice and help against the Spensers which if she obtain'd all things would succeed according to her Desire At this time 1 Ibm. The King intended to pass into France about a Treaty of Peace according to the Truce made between Charles of Valois and the Earl of Kent when he delivered up Reole as was noted before a Peace was to be treated of between the two Kings for which purpose the King intended to pass the Sea himself but the Earls of Winchester and Glocester for such were now the two Spencers dissuaded him lest being left at home without Is dissuaded him or if they should accompany him into France they might fall into the Hands of their Enemies 2 Ibm. The Queen makes means to go into France upon the same Affair In the mean time the Queen by her Flatteries urged the King that she might be sent upon this Message promising to do all things according to his Desire by the assistance of the two Bishops Lincoln and Hereford and others of the Noblemen the King was prevailed with to send her into France where she was kindly received by And obtains her Desire her Brother and Uncle Dum causam mariti agit while she Transacted her Husband's Business who staid upon the Goast all the time of Lent and Summer for more easie receiving Letters from and sending to her Ea interim 3 Ibm. and Walsingh F. 121. N. 40 50. suas res agit In the mean time she did her own Business
of Lancaster pities his deplorable case Mâ—ny Lords and others begin to think how they might deliver him the suspicion whereof caused him to be removed from Kenelworth-Castle and to have new Keepers His Keeper also the Earl of Lancaster began to be every way obliging to him much pitying and commiserating his deplorable Case Many Lords and others began to think how they might deliver him out of Captivity the notice or rather suspicion thereof much startled Mortimer the Bishop of Hereford the Queen and Chief Actors in this Tragedy reflecting upon what they had done and fearing if the King should get his Liberty they could not be safe or at least their Designs must come to nothing and caused them to think of removing him from Kenelworth and appointing him new Keepers who were Thomas Gournay and John Maltrovers Knights receiving him at Kenelworth-Castle by Principal Authority Authoritate Principali as Sir Thomas de la Moor phraseth it and hurried him up and down the Nation that it might not be known where he was and at last brought him to He is inhumanly treated Berkley-Castle in Glocestershire where he was inhumanly treated by his Keepers attempting to destroy him by all ways of horrid Indignities brutish Usages and before uncontrived and unthought of Affronts But having been frustrated in their Intentions by his natural Strength of Body and Fortitude of Mind on the 10th of the 1 Ibm. f 603. n. 20. And barbarously murthered Calends of October or 22d of September at night in his Bed they stifled and smothered him with large and heavy Bolsters and Pillows and put up a red-hot Iron thro' a Ductil-pipe into his Guts at his Fundament and in this most cruel manner murdered him that no VVound or Mark of a Violent Death might be found upon him Church-Affairs IN these we may give a short Account and History of the Templars being an Ecclesiastick Order and in these times the Pope claiming the Jurisdiction over Judgment and Censure of them as not being subject to Temporal Power This Order began in the 1 Mat. Paris f. 67. n. 10 20 30 40. A. D. 1118. A short History and Suppression of the Templars year 1118 only Nine Knights at first entring into a Combination by voluntary Agreement were the first Founders of it whereof the Two Principal were Hugo de Paganis and Godfrey of St. Omar to whom because they had no certain Habitation Baldwin King of Jerusalem assigned them part of his own Palace near the South-Gate adjoining to the Temple of the Lord from whence they were called Templars Their first Profession was for the Remission of their Sins to guard the High-ways for the safety of Pilgrims and such as came to visit the Sepulchre and to defend them from Thieves and Robbers The King Nobility and Patriarch with other Prelates giving Lands to support and maintain them Nine years after 2 Ibm. in the Council of Troyes they had a Rule and Habit assigned them by Pope Honorius when their Numbers and Possessions began to increase in a short time they were so numerous that there was in the Convent 300 Knights besides of Brethren almost an infinite number and they were said to have such vast Possessions as there was no Christian Country wherein they had them not and so as to exceed Princes in their Revenues and are reported by the same 3 Ib. f. 615. n. 50. A. D. 1244. Historian to have obtained and been possessed of in the space of 126 years 9000 Mannors in Christendom Their increase in Revenues and Riches begat the Envy and their neglect and non observation of the first Institution of their Order their Luxury Pride and most horrid and detestable Crimes which were reported of and objected against them begat the hatred of all Christendom so that within Sixty three years after when they were 4 possessed of 16000 Lordships besides other Lands viz. 4 Heylin's Cosmogr lib. 3. fol. 98. a. in the year of our Lord 1307 on Friday after St. Denis or 12th of October by Command of the 5 Mezeray's Hist f. 333. King of France Philip the Fair with Consent of Pope Clement the Fifth all the Templars in France were secured their Houses Lands Possessions Goods Treasure Church Ornaments and Writings seised on and delivered to Guardians under whose Custody and Administration they remained In like manner it was 6 Râ—t Claus 1 Ed. II. M. 12. Dors De captione Templariorum c. A. D. 1307. ordained by the King and his Council that all the Templars in every County in England Scotland Ireland West-Wales North-Wales and Earldom of Chester but more particularly those in England should be attached by their Bodies on Wednesday next after the Feast of Epiphany or 6th of January and that all their Lands Tenements Goods and Chattels as well Ecclesiastick as Temporal with their Charters Writings and all Muniments should be seized into the King's Hands That the Goods and Chattels should be inventoried and prised and Indentures made of them in the presence of the Guardian or Preceptor of every place and in the presence of Two Lawful Men whereof one to remain with the Guardian and the other with the Sheriff the Live Stock to be kept upon the Premises and the Lands to be Plowed and Sown to the best Profit and Advantage That the Bodies of the Templers should be kept safe in convenient Places other then their own but not to be put in vile and base Prisons while the King should order otherwise and that every one according to his Condition should receive a Competent Maintenance from these Goods There is also contained in this Record the manner how this Ordinance was put in Execution The Writ wherein the Instructions for the Execution of it were included was Dated December the 20th in the First of Edward II. A. D. 1307. The King of 7 Puteanus de la condemnation des Templars p. 8 9. France after he had secured the Templars desirous to proceed in the Prosecution of them consulted the Faculty of Divinity in Paris who answered him by Decree That the Authority of a Secular Judge could not extend it self to proceed against any one for Heresie unless he was required by the Church or unless in case of necessity where there was danger he might secure Hereticks with intention to deliver them to the Church Those that were in the Exercise of War for the Defence of the Faith having made a Vow of Religion approved by the Church were holden for Religious and exempt from the Lay-Judge and as to their Goods they ought to be preserved to be imployed for the end they were first given to the Templars The Pope finding 8 Ib. p. 9. the most wicked Procedure of the King pretending they were Ecclesiasticks Remonstrated to him by his Bull the great Obedience of his Predecessors to the Holy See who never attempted to Judge Ecclesiasticks That the Templars were immediate Subjects of the
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
and of their Wives The Citizens Burgesses and Tenents of the ancient Demeasns of the Crown granted a Fifteenth part of their Moveables as also did the Clergy In his Second year at a Parlement holden at Westminster a Claus 3 Ed. II. M. 23. in Ced Month after Easter the Laity granted a Twenty fifth of their Moveables In the Seventh year in his Parlement at Westminster the Earls In Rot. Comp. ut supra Barons Knights Freemen and the Communities of Counties gave a Twentieth part of their Goods and the Citizens and Burgesses and Communities of Cities and Burghs gave a Fifteenth In his Eighth year he had a Twentieth part of the Moveables of Rot. Pat. 8 Ed. II. M. 12. Dors Part 2. the Laity granted by the Communities of Counties of the Kingdom per Communitates Comitatuum Regni in Parlement In his Ninth year he had granted a Fifteenth of Citizens Burgesses Rot. Parlem 9 Ed. II. n. 2. and Tenents in ancient Demeasns for his War with the Scots in the Parlement held at Lincoln the Community of the Kingdom or the Military Men being summoned to do their Service then In the Fifteenth year of his Reign the King * Rot. Claus 15 Ed. II. M. 16. Dors summoned a Parlement to meet at York three weeks after Easter and after the end of this Parlement and after the 7th of July next following he directed his Writs to the Prelates and Clergy to meet at a Provincial Council at Lincoln which the Arch-Bishop of Canterbury was immediately to summon to Treat of a Competent Ayd to be granted to him toward his Expedition against the Scots who had invaded England in which Writs as it were for a Direction he * Rot. Claus 16 Ed. II. M. 20. Dors recites what the Earls Barons Noblemen and the Communities of the Kingdom had done in the Parlement at York viz. That they had granted him a Tenth of the Goods of the Community of the Kingdom and a Sixth part of the Goods of Citizens Burgesses and Tenents of ancient Demeasns * Ibm. Praelati Comites Barones proceres necnon Communitates Dicti Regni apud Eborum ad tractandum super dictis negotiis aliis nos statum dicti Regni tangentibus nuper Convocati decimam de Bonis de Communitate ejusdem regni sextam de Civitatibus Burgis Antiquis Dominicis nostris nobis liberaliter concesserunt gratanter The Issue of Edward II. by Isabell Daughter of Philip the Fair King of France ON the Day of St. Brice or 13th of November his Eldest A. D. 1312. Ed. II. 12. Walsingh Hist f. 102. n. 30. Son Eoward who succeeded him by the Name of Edward the Third was born at Windsor In the year 1315 his Second Son John was born at Eltham Ibm. Hypodig Neutr f. 502. n. 30 40. from whence his Title on the Assumption of the Virgin Mary in the Eighth of his Father's Reign he was Created Earl of Cornwall and after several Matches propounded for him died unmarried about the 20th year of his Age. Joan his Eldest Daughter Married to David King of Scots Sandford Genealog Hist c. f. 155. when both Children and after being his Wife 28 years died without Issue Eleanor Dutchess of Gueldres his Second Daughter she Married Ibm. Reynald Second Earl of Gueldres who was Created Duke of Gueldres by the Emperor Lewis of Bavaria by her he had Two Sons Reynald and Edward who were both Dukes successively after him and died without Issue A CONTINUATION Of the Compleat History of England c. King EDWARD the Third THis Young Man at the Age of Fourteen Years being placed in the Throne of his Father then living and in Prison as hath been related in the latter end of the The young King managed by the Queen Mortimer c. The Adherents to Tho. Earl of Lancaster petition former Reign was with all the Affairs of the Nation managed by the Queen with the Advice of Roger Mortimer chiefly and other Privado's in their Designs who had been all Favourers and Abettors of the Cause and Quarrel of Thomas Earl of Lancaster whose Adherents being all Friends to and Assistants in this Revolution on the 3d of 1 Append. n. 82. to be restored to their Lands c. They were all Friends to and Assistants in this Revolution February two Days after the Coronation Petitioned the King and his Council in that Parlement which had Deposed his Father then Sitting at Westminster That being of the Quarrel of the Noble Earl of Lancaster estetent de la Querele le Noble Counte de Lancastre and therefore wrongfully Imprisoned Banished Disherited might be Restored to their Estates with the Issues of them from the time they had been wrongfully diseised And it was granted by the Assent of the whole Parlement That all the Lands and Tenements which had been seized by reason of that Quarrel or Contention which was affirmed to be good by the whole Parlement ia quele Querele par tot le Parsement est afferme bone as well in Ireland and Wales as in England should be Restored with their Issues and Arrears of Rent except those that had been Received to the King's Use On the same Day 2 Stat. at Large 1 Ed. III. The first thing printed f. 77. All that came over with the Queen her Son pardoned and those that joined them after their arrival all those that came over with the Queen and her Son and those that joined with them after their arrival were also pardoned c. The long Preamble to that Pardon Statute or Grant is worth notice as containing the Cover Pretences and Suggestions of all the Contrinances and Designs against Edward the Second in these Words Whereas Hugh Spenser the Father and Hugh Spenser the Son late at the Suit of Thomas Thun Earl of Lancaster and Leicester and Steward of England by the Common Assent and Award of the Peers and Commons of the Realm and by the Assent of King Edward Father to our Sovereign Lord the King that now is as Traitors and Enemies of the King and his Realm were Exiled Disherited and Banished out of the Relams for ever and afterwards the same Hugh and Hugh by Evil Counsel which the King had taken of them without the Assent of the Peers and Commons of the Realm came again into the Realm and they with others procured the said King to pursue the said Earl of Lancaster and other Great Men and People of this Realm in which Pursuit the said Earl of Lancaster and other Great Men and People of this Realm were willingly Dead and Disherited and some Outlawed Banished and Disherited and some Disherited and Imprisoned and some Ransomed and Disherited and after such Mischief the said Hugh and Hugh Master Robert Baldock and Edmond late Earl of Arundel usurped to them the Royal Power so that the King nothing did or would do but as the said Hugh and
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
Body Lands Tenements Goods and Chattels so as he was imprisoned and all his Lands Tenements Goods and Chattels seized into the King's Hands of which Lands and Tenements he gave some to the Earl of Cambridge and others to Thomas of Woodstocke then Earl of Buckingham for Term of their Lives All which Forfeitures and Imprisonment the King taking pity of the said Richard by the Perswasion of the said Alice and her singular Persuit and Procurement at his Court at Shene with the assent of his Council pardoned and also pardoned the said Richard 300 l. due from him in the Exchequer and further granted 1000 Marks of his Treasure as a Gift which things being contrary to the said Ordinance the Steward demanded of the said Alice how she would Excuse her self of the said Articles who answered she was not culpable Her Answer or guilty of these Articles which she was ready to aver and prove by the Witness and Testimony of John de Ipre at that time Steward of the King's House William Sheet Controller Sir Allen Buxhall Nicholas Carren Keeper of the Privy Seal and others of the Court of the said King and present at the time of the supposed Forfeiture Upon this Day 2 Ibm. was given her to Wednesday next after in the mean time it was ordered by the assent of the Lords That the Articles should be tried by Witness or by Inquest of such as were of the House of the said King and thereupon certain Persons were Sworn and Examined before the Duke of Lancaster the Earl of Cambridge the Earl of March the Earl of Arundel and the Earl of Warwick First Roger Beauchamp late Witnesses Sworn against Alice Perrers Chamberlain of the said King being Sworn said That in the presence of Alice Perrers a Bill was given him to carry to the King at his Court at Havering which Bill he took and as he understood it it contained the Revocation of Sir Nicholas Dagworth from Ireland because he was Enemy to Monsieur William de Windsore he refused to carry the Bill because the Council had ordered the contrary and the said Alice requested him to do it which he did and the King asked him what they talked about which when he informed him of the Contents of the Bill he answered the Petition was reasonable and when Monsieur Roger replied his Council had ordained to the contrary the King answered he was Soveraign Judge and it seemed to him the Bill was reasonable and commanded him to call back the said Nicholas which was done accordingly Concerning Richard Lyons he said he knew nothing The Duke of Lancaster Examined said That one day he came to Havering and found Dame Alice Perrers there when Roger Beauchamp shewed him a Bill containing as above about which he fell into Discourse with the King who concerning Sir Nicholas Dagworth going to Ireland said it was not reasonable one Enemy should Judge another and there he thought fit to countermand his Voyage in which having satisfied the King as done by his Consent in Council but the King not long after coming from Alice Perrer's Chamber came to the Duke and prayed him dearly he would not suffer Dagworth to go toward Ireland but the Duke could not comply by reason it was ordained by King and Council and on Monday morning when he took his Leave of the King in Bed he commanded him upon his Blessing he should not suffer Dagworth to go toward Ireland notwithstanding the Ordinance made the day before and also he was countermanded And to the Article of Richard Lyons he said in his Conscience he believed Alice Perrers was the chief Promoter of that Business but was not present Monsieur Philip de la Vache Sworn says nothing to the purpose Nicholas Carren Sworn says That he was commanded to come to Shene to the King where he found Richard Lyons and they were both commanded to come before the King in Bed where he found Dame Alice Perrers sitting at the King's Bed's Head where was shewed that the King would pardon the said Richard 300 l. due to the King upon Account in the Exchequer and also give him a Thousand Marks of his Treasure and restore him what was given him to his Sons the Earl of Cambridge and Tho. of Woodstock and commanded him the said Nicholas to let his Sons know so much and that the King rehearsed these Grants of his Grace c. before divers Knights and Esquires he called from behind the Curtains of his Bed to Witness the same Monsieur Alein Buxhall Swears the same except Alice Perrer's sitting at the King's Bed's Head and further That Alice desired him to acquaint the Earls of their Father's Pardon to Lyons which at her Instance the King commanded him to do There were more Sworn who said as they believed and much to this purpose and presently there were made to come before the Duke and other Earls Monsieur A Jury Sworn Roger Beauchamp Alein Buxhall John de Burle Richard Stury Philip de la Vage John de Foxle Tho. Garre Knights Nicholas Carren John Beauchamp of Holt John Beverle George Felbrigge John Salesbury William Street Piers Cornwall Tho. Londâ—n Helmin Leget Esquires of the King's House Sworn and charged to speak plain Truth whether the said Alice was culpable who They find her Guilty found her guilty and accordingly to the intent of the Statute made 50 Edw. III. considering the damages and villanies by her done she was sentenced by Parlement to be banished her Lands Her Sentence and Punishment Chattels Tenements in Demesn and Reversion to be forfeited and seized into the King's Hands And it was ordained by the King and Lords in that present Parlement That all her Land in Feoffees hands or purchased in Trust should be also forfeited But it was the Intention of the King and Lords and this Law made particularly Which was not to be made an Example for others for the prevention of such odious things should not be made use of or made an Example against any other Person or in any other Case The Commons 3 Ib. n. 49. pray for that King Edward was guided by unfit Counsellors par auscuns Conseillers nient Covenables as had been authentickly proved That they might be removed from all the King's Counsels and so as such nor other such should be King Edward guided by Evil Counsellors such to be removed from this Kings Counsels The King's Officers not to maintain Suits near him nor in office with him and that other fit Persons might be put in their places and that no Officers of the King's Court great or small do keep up Quarrels or Suits in the Country by Maintenance nor meddle with any thing but what belongs to his Office As to the first Request le Roy le voet the King willeth and as to the second Request touching Maintenance the King will straightly forbid any Counsellor Officer or Servant or others 4 Ib. Ro. The
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
quod Domini Magnates ac Comunitates Comitatuum Civitatum Burgorum concesserunt Domino Regi c. granted to the King for the Voyage of John King of Castile and Leon Duke of Lancaster into Spain and safe keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and half a Tenth and Fifteenth the 10th and 15th to be paid at Candlemas and the half 10th and 15th to be paid at Midsummer for the receipt and expending whereof there were special Treasurers appointed in Parlement and Supravisors to see it done And this 2 Ibm. Voyage into Spain was agreed and granted by the King Prelates Noblemen Great Men and Communities aforesaid in full Parlement In the King's Entrance into 3 Knighton col 2675. n. 50. Scotland the King conferred several Honours upon the Persons following at Hounslow-Lodge in Tividale says the Record which were confirmed in this Parlement The King's Unkle 4 Rot. Parl. 9 Ric. II. n. 14. Several Titles and Honours confirmed in Parlement Edmond Earl of Cambridge being created Duke of York was confirmed in that Title and had from the King 1000 l. a Year to support his Dignity to be paid out of the Exchequer to him and his Heirs Male until the King could settle Lands upon him and his Heirs of the like Value Then also was 5 Ibm. n. 15. Thomas Earl of Buckingham and Essex the King's Unkle being created Duke of Gloucester confirmed in that Title with the like Gift and Settlement to support his Dignity Michael de la Pole 6 Ibm. n. 16. being created Earl of Suffolk was confirmed in that Dignity and had for the support of his Honour 20. l. a Year out of the Farm of the County and 500 l. a Year out of the Estate of the former Earl which had escheated to the King for want of Heirs after the Decease of the Queen and Isabelle Countess of Suffolk The Earl of 7 Ib. n. 17. Oxford being created Marquess of Dublin was confirmed in that Title by consent of the Prelates Lords and Commons and had by the same consent the Land and Lordship of Ireland c. except some Royalties belonging to the Crown paying 5000 Marks yearly into the Exchequer In this Parlement the 8 Ib. n. 32. The Commons Petition the King's Houshold might be viewed every year and if need were Regulated Commons Petition the King That the State of his Houshold might be viewed every year by the Chancellor Treasurer and Clerk of the Privy Seal and what was amiss to be mended at their Discretion And also That the Statutes of ancient time made concerning the Houshold might be kept and duely executed in all their Points As to the first Article of the 9 Ib. Ro. The King's Answer Petition The King will do it when he please As to the second Le Roy le Voet The King Willeth It was also then Enacted 1 Ib. n. 33. That all Lords and other Persons having any Lands on the Marches beyond Tine do dwell thereupon saving that the King may shew favour when he please The Commons desired to know 2 Ib n. 39. who should be the King 's Chief Officers and Governors of the State of the Kingdom The Answer 3 Ib. Ro. was The King hath enough sufficient Officers at present and will change them at his pleasure On Easter 5 Knighton col 2676. n. 30 40 50 60. A. D. 1387. The Duke of Lancaster's Day next following the Duke of Lancaster with his Wife came to take his Leave of the King to whom he gave a Crown of Gold and the Queen gave another to his Wife and the King commanded all about him to call and Honour him as King of Spain 6 Ibm. Voyage into Spain and what he did there On the 9th of July all things being prepared for the Expedition he set sail with 20000 Men for Spain whereof in the Marshall's Roll 2000 were Men at Arms and 8000 Archers in which Army several very great Men were the Chief Officers 7 Ib. col 2677. n. 10 20. He had with him his Wife Constance the Eldest Daughter of Peter King of Castile c. for his Tyrannies called the Cruel who died without Issue Male by whom he claimed that Kingdom and Katherin his only Daughter by her and Two Daughters by his first Wife Blanch Daughter and Heiress to Henry Duke of Lancaster Philip and Elizabeth Peter King of Castile was Son of Alphonso the Sixth King of Castile c. upon whom Henry II. a Bastard Son of Alphonso usurped the Kingdom He Married his Daughter Philip by his first Wife Blanch to the King of Portugal and his Daughter Katherin the true Heiress of the Kingdom of Castile by his Wife Constance to John the Son of Henry the Bastard and Usurper 8 Walsingh f. 342. n. 30 40. but so as if they had no Issue the Inheritance of the Crown was to be and remain to the Son of Edmond Duke of York Brother to the Duke of Lancaster who had Married Isabel the Younger Daughter of King Peter the Cruel Upon these Terms and a mighty Sum of Money paid by Henry the Bastard to the Duke and an Annuity of 10000 l. a year to him and his Dutchess Constance for their Lives a Peace was concluded between the Vsurper and the Duke and the Affair of Castile or Spain settled after which he went into Aquitan and stayed there and in Spain more then Two years and then returned into England in the beginning of November 1389. Knighton 9 Ut supra says the Money paid down to the Duke of Lancaster was an immense Sum and that he was told by one of his Family and Retinue in this Voyage that for the second Payment the King of Spain sent him Forty seven Mules laden with Gold in Chests 1 Walsingh f. 323. n. 60 c. Knighton ut supra n. 40 50 60. As he sailed into Spain he landed some Forces in Britany and relieved Brest that was then besieged by the Duke of that Country This year Writs were issued for calling a Parlement on the First of October at Westminster dated 2 Rot. Clause 10 Ric. II. M. 42. Dors The Duke of Suffolk Michael de la Pole Aug. 8. wherein Michael de la Pole Earl of Suffolk and then Chancellor of England was impeached by the Commons in several Articles 3 Rot. Parl. 10 Ric. II. n. 6. impeached by the Commons The first and chief Article was That he was Sworn as Chancellor to procure the Profit of the King That he purchased of the King Land Rents and Tenements to a great value contrary to his Oath not considering the Necessity of the King and Kingdom and that he being Chancellor at the time of the Purchase caused the yearly Rent of the Lands to be undervalued very much in deceit of the King The residue of the Articles were much of the same Nature for Deceiving
the King and Lords to Record their Default and proceed to Judgment Thereupon 2 Ibm. the King and Lords Deliberate upon their Demands until next day being Tuesday when the Justices Serjeants and other Sages of the Law of the Kingdom and also the Sages of the Law Civil were charged by the King to give their Loyal Counsel to the Lords of Parlement how they should proceed in the Case of Appeal The said Justices Serjeants and Sages of both Laws having Deliberated answered the Lords in Parlement That How they were to be Tryed they had noted and well understood the Tenor of the Appeal and that it was done neither according to the Order of one Law or the other Upon which the Lords in Parlement Deliberated and by the common assent of the King and Lords it was declared That in such high Crimes which touched the Person of the King and the State of the whole Realm perpetrated by Persons that were Peers of the Realm with others the Case could not be brought under other Judicature then that of Parlement nor other Law then the Law and Course of Parlement and that it belonged to the Lords in Parlement their Franchise and Liberty of ancient Custom of Parlement to be Judges in such Cases and to Judge of such Cases by the assent of the King to the 3 Ibm. intent that the King and Lords of Parlement shall not be Ruled or Governed by the Civil Law and also that so high a Case should be no where Tryed but in Parlement by Process or Order used in any Inferior Court of the Kingdom which Courts are but the Executors of the ancient Laws and Customs of the Realâ—â— and Ordinances and Establishments of Parlement and the Lords were advised by assent of the King That this Appeal was made and affirmed well and duely Stated and the Process of the same good and effectual according to the Laws and Course of Parlement Upon which the Appellants press the King and Lords again to Record the Default and that Nicholas Brembre who was only in Custody might be brought to answer The Appealed were again called to come and Answer to the said Appellants and came not nevertheless the King and Lords advised for their better Deliberation until the Morrow being Wednesday the 5th of February at which time the said Appellants prayed the King and Lords in Parlement they would Record the Default of the Appealed as before Whereupon the Arch-Bishop of Canterbury for himself and all other Bishops his Suffragans and all other Lords Spiritual of his Province made 4 Ibm. and Append. n. 108. Protestation and delivered it in Writing into Parlement for the saving of their Right of Peerage Sitting and Voting in Parlement tho at present there were such Matters there in Agitation as by the Sacred Canons they might not be present Then the Appealed 5 Ibm. The Appealed appear not by Command of the King and Lords were solemnly called to appear as before and the Appellants alledging they had full notice of the Appeal and the King and Lords being satisfied it was so by reason they came not their Default was Recorded whereupon the Duke and Earls Appellants prayed the King and Lords as before they might be Judged Convict of the High Treasons contained in the Appeal and the said Nicholas brought to Answer The King and Lords took time to Consider and Examine the Articles whether they could give such Judgment in this Case as should be to the Honour of God the Honour and Profit of the King and the whole Kingdom The King Commanded the Lords to Examine the Articles who did with great labour and diligence until Thursday the 13th of February and then declared many of the Articles contained Treason as the First Second Eleventh Twelfth Fifteenth and Sixteenth as also the Eighteenth Twenty ninth Thirtieth Thirty first Thirty second the Thirty seventh Thirty eighth and Thirty ninth were Treason And then upon due Information of their Consciences pronounced the Appealed Guilty and Judged them to be 6 Ibm. Their Judgment Drawn and Hanged as Traitors and Enemies to the King and Kingdom and that their Heirs should be Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and that the Temporalities of the Arch-Bishoprick should be taken into the King's hands And for that the like Case had not been seen in the Kingdom concerning the Person of an Arch-Bishop or Bishop the Lords would Advise by Assent of the King what they may best do for the Honour of God and of Holy Church and the Safety of the Laws of the Land Then the Duke and Earls Appellants prayed Sir Nicholas Sir N. Brembre brought to answer Brembre might be brought to Answer and on Monday the 17th of February the Constable of the Tower brought him into Parlement 7 Ibm. where the Articles of Appeal were read to him to which he pleaded Not Guilty in any Point of them and said he was there ready to make good what he said by his Body as a Knight ought to do The Lords answered Battel did not lie in that Case and that they would examin the Articles touching the said Nicholas and take due Information by all true necessary and convenient Ways that their Consciences might be duly informed what Judgment to give in this Case to the Honour of God the Honour and Profit of the King and his Kingdom as they would answer it before God according to the Course and Law of Parlement During this Examination on Wednesday the 19th of February Sir Robert Tresilian was taken and brought into 8 Ibm. Sir R Tresilian taken and brought into Parlement Parlement and being asked if he had any thing to say which had happened since Judgment passed upon him why execution thereof should not be made for that he had nothing to say it was commanded he should be carried to the Tower and from thence drawn through the City of London and forward to the Gallows at Tyburn and there to hang by the Neck and that the Execution should be done by the Marshal of England taking to his Assistance the Major Sheriffs and Aldermen of London And he was Executed the same Day On the morrow 9 Ibm. Sir N. Brembre Sentenc'd and Executed which was the 20th Day of February Sentenc'd and Executed Sir Nicholas Brembre was brought into Parlement when the Lords by diligent Examination due Proof and Information found him Guilty of High Treason and they Awarded by Assent of the King as a Traitor and open Enemy to the King and Kingdom he should be Drawn and Hanged his Heirs for ever Disherited and his Lands Tenements Goods and Chattels forfeit to the King And he was Executed on the same Day and in the same manner as was Robert Tresilian It was the Intention 1 Ibm. The Parlement Judge the King innocent notwithstanding the Appeal and Articles of all the Lords of Parlement Spiritual and
Temporal as well the Lords Appellants as all others and by them agreed That considering the tender Age of the King before that time and the Innocency of his Royal Person that nothing contained in the Appeal nor in any Article thereof nor in the Judgments given should be accounted any Fault or Dishonesty in his Person in no manner for the Cause abovesaid nor should turn in Prejudice of his Person by any Contrivance or Interpretation whatever but that the false Treason and Default abovesaid should be charged upon the Appealed and that the Judgments given against them should have full Force and Virtue notwithstanding any thing could be said or alledged to the contrary Upon 2 Ibm. Several others impeached by the Commons Monday the 2d Day of March next following Sir Robert Belknap late Chief Justice of the Common Bench Sir Roger Fulthorp Sir John Holt Sir William Burgh late his Companions of the same Bench Sir John Cary late Chief Baron of the Exchequer and John Loketon late Serjeant to the King were accused and impeached by the Commons in Parlement for putting their Hands and Seals to the Questions and Answers aforesaid by the Procurement of the Appealed and Convicted Persons of Treason to cover and affirm their High Treasons c. pour coverer affermir lour hautes Tresons a Copy whereof was exhibited and read before them and they were answered as was surmised by the Commons in the said Copy and they answered They could not gainsay it but that the Qustions were such as were asked them but the Answers were not such as they put their Seals to Sir Robert 3 Ibm. Sir R. Belknap his Excuse Belknap pleaded That the Arch-Bishop of York in his Chamber at Windsor told him That he devised the Commission and Statute c. That the King hated him above all Men and that if he found not some way to make void the Statute and Commission he should be slain as a Traitor He answered That the Intention of the Lords and such as assisted at the making of them was That they should be for the Honour and good Government of the State of the King c. That he twice parted from the King dissatisfied and was in doubt of his Life and said the Answers were not made by his Good-will but contrary to his Mind by the Threats of the Arch-Bishop of York Duke of Ireland and Earl of Suffolk and that he was Sworn and Commanded in the Presence of the King upon pain of Death to conceal this matter as the Counsel of the King And prayed for the Love of God he might have Gracious and Merciful Judgment Sir John Holt 4 Ibm. Sir J. Holt made the same Excuse alledged the same matter of Excuse and made the same Prayer Sir William 5 Ibm. Sir W. Burgh and Sir J Cary the same Burgh and Sir John Cary pleaded the same matter of Excuse and made the same Prayer Sir Roger 6 Ibm Sir R. Fultâ—orp and J. Loketâ—n the same Fulthorp and John Loketon make the same Excuse and Prayer To which 7 Ibm. Notwithstanding their Excuses the Commons pray they may be Judged Convicted and Attainted as Traitors the Commons answered They were taken and holden for Sages in the Law and the King's Will was That they should have Answered the Questions as the Law was and not otherwise as they did with Design and under colour of Law to Murder and Destroy the Lords and Loyal Lieges who were Aiding and Assisting in making the Commission and Statute in the last Parlement for the good Government of the State of the King and Kingdom and therefore the Commons pray they may be Adjudged Convicted and Attainted as Traitors Upon 8 Ibm. which the Lords Temporal took time by good Deliberation to examin the Matter and Circumstances of it and for that they were at and knew of the making of the Statute and Commission which they knew were made for the Honour of God and Their Judgment for the good Government of the State of the King and whole Kingdom and that it was the King's Will they should not have otherwise Answered than according to Law and had Answered as before They were by the Lords Temporal by the Assent of the King adjudged to be Hanged and Drawn as Traitors and their Heirs Disherited their Lands Tenements Goods and Chattels to be forfeit to the King On 9 Ibm. J. Blake impeached Tuesday March 3. John Blake and Thomas Vsk were brought into Parlement and first John Blake was impeached by the Commons That being retained of Council for the King drew up the Questions to which the Justices made Answer and contrived with the Persons Appealed that the Lords and others the King 's Loyal Lieges that caused the Commission and Statute to be made in the last Parlement to have them indicted in London and Middlesex for Treason and that they might be arrested and falsly traiterously and wickedly murdered and that he was aiding and advising in the Treasons aforesaid to the Appealed Then Thomas 1 Ibm. T. Usk accused Vsk was accused for procuring himself to be made Vnder-Sheriff of Middlesex to the end to cause the said Lords and Loyal Lieges to be Arrested and Indicted as hath been said before and was Aiding and Counselling the Appealed in the Treasons aforesaid John 2 Ibm. Their Answers Blake answered he was retained of Counsel for the King by his Command and sworn to keep secret his Advice and whatever he did was by the King's Command whom he ought to obey And Thomas Vsk gave the same Answer Whereupon the Lords Temporal took Deliberation until the morrow being the 4th of March when the said John and Thomas were again brought into Parlement and good Advice and Deliberation having been taken by the Lords pronounced them Guilty of the things whereof they were accused 3 Ibm. And Judgments And whereas they alledged for their Excuse the King's Command it made their Crime the greater for that they knew well that the Appealed and Adjudged accroached to themselves Royal Power as said is before and it was their Command and not the King 's and then the Lords Awarded by Assent of the King they should both be Drawn and Hanged as Traitors and open Enemies to the King and Kingdom and their Heirs Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and they were Executed the same Day On 4 Ibm. Sir â— Bâ—â—â—nâ—p and 5 others Friday the 6th of March Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon were brought into the Parlement and the Lords were advised That they were at the making of the Commission and Statute in the last Parlement and Sir John Cary knew well they were made to the Honour of God and the good Government of the State of the King and the whole Kingdom and so on as before And then
they had Judgment again passed on them as before By the Mediation of the Bishops had their Lives spared and at that very Moment came the Arch-Bishop of Canterbury and all the Bishops of both Provinces and prayed the Lords Temporal the Execution as to their Lives might be respited that they might obtain their Lives of the King He ordered Execution should be stayed and granted them their Lives As to the other part of their Sentence that was to remain in force and their Bodies in Prison during the King's Pleasure until the King by Advice of the Lords should direct otherwise concerning them On the same 5 Ibm. The Bp. of Chichester and the King's Confessor impeached Friday Thomas Bishop of Chichester and the King's Confessor impeached and accused by the Commons That he was present at the Places and Times when the Questions were put to the Justices c. and the Answers made and excited them by Threats to answer as they did knowing the false Purposes and Treasons designed by the Traitors adjudged and aided and assisted them and would not make Discovery to any of the Lords that caused the Commission to be made last Parlement whereby Remedy might have been had for the Safety of the King and Kingdom 6 Ibm. To which the Bishop answered of his own free Will That he did not excite them to do or say any thing And further said They were not excited or charged to say any thing but what the Law was And touching the Concealment of the Treasons he had made such Assurance and Affiance as he could not discover And said further That the Traitors were about the King and had such Power over him before he had so great Interest in the King as to prevent such Mischiefs as might come upon him The Commons replied He had upon the Matter confessed himself Guilty and prayed he might be Attainted Upon this Answer of the Bishop the Replication of the Commons and all Circumstances of the Accusation the Lords took time to give such Judgment as might be for the Honour of God and Profit of the King and Kingdom 7 Ibm. Sir S. Burley and 3 others impeached During which time on the 12th of March Simon Burley Kt. John Beauchamp of Holt Kt. John Salisbury Kt. and James Barners Kt. were brought into Parlement and at the Request of the Commons impeached The Articles exhibited against them were Sixteen 8 Ibm. The Articles against them The first Article in the Appeal was the first Article in this Impeachment In the second Article they are accused as Traitors and Enemies of the Kingdom for that they knew of all the Treasons in the Appeal mentioned and that they were Aiding Assisting Counselling and Assenting to all the Traitors attainted and that Simon Burley and John Beauchamp were Principal Actors in all the Treasons In the eighth Article they were accused for Conspiring and Designing with the Five Appealed to destroy and put to Death those who were Assenting to the making of the Commission and Statute in the last Parlement The rest are of less moment but all relating to the Articles of the Appeal 9 Ibm. They all answer Not Guilty The Commons replied They were Guilty The Lords take time to examin and consider the Impeachment Upon this and the Bishop of Chichester's Impeachment the Lords Temporal until Friday the 20th of March on which Day the Parlement was Adjourned unto the Monday next after or on the morrow of the Quinden of Easter or 13th of April On which Monday the Lords Temporal took time to Deliberate upon these Matters until the 5th of May when Simon Burley was brought into the Parlement and the Lords by due and sufficient Examination and Information found him Guilty of what he was Impeached in the eighth Article which had been adjudged Treason and by Assent of the King Awarded he The Judgment against Sir S. Burley who was executed should be Drawn Hanged and his Head Chopped off The King Pardoned his Drawing and Hanging but his Head was Chopt off the same Day on Tower-Hill His Heirs were Disherited for ever and his Lands Tenements Goods and Chattels forfeit to the King as part of the Judgment On the 12th of 1 Ibm. The 3 others had the same Judgment and executed March John Beauchamp John Salisbury and James Barners were brought into Parlement and had the same Judgment Beauchamp and Barners had their Drawing and Hanging Pardoned and had their Heads struck off on Tower-Hill and were all Executed on the same 12th of March. On the same Day the 2 Ibm. Judgment against the Bp. of Chichester Bishop of Chichester was sent for into Parlement where the Lords Temporal found him Guilty of Treason as it was laid in the Impeachment and by Assent of the King they Awarded his Heirs should be Disherited his Lands Tenements Goods and Chattels forfeit to the King and the Temporalties of his Bishoprick seized into the King's hands As to his Person the Lords would advise what to do for the Honour of God and Holy Church and the Safety of the State of Prelacy and of the Laws of the Land And then in the same Parlement it was 3 Ibm. He was with 6 others banished into Ireland Ordained That this Bishop Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon should be sent into Ireland to several Towns and Places there to remain during their Lives 4 Ibm. Their allowance from the King by Order of Parlement And it was also then Ordered That Sir Robert Belknap and Sir Roger Fulthorp for their support during their Lives should have Forty Pounds a Year Sir John Holt and Sir William Burgh Forty Marks a Year Sir John Cary and John Loketon Twenty Pounds a Year of the King's Gift and each of them to have Two Servants to wait on them And that the Bishop of Chichester might have annually Forty Marks for his Sustenance during his Life if any of his Friends would give him so much Upon 5 Stat. at Large 11 Ric. II. c. 1. Four Petitions of the Commons Râ—â— Pâ—rl 11 R c. II part 1. n. 37. That the Commission and Statute should be confirmed Also what the Duke of Glocester Earls of Warâ—â—â— Arâ—â—dâ—â— Dâ—â—by and Nottingâ—â—m did Petition of the Commons the Ordinance and Commission made the last Year were confirmed and all that was done in that Parlement and also what the Duke of Glocester Earls of Warwick and Arundel did and all that the same Duke and Earls with the Earls of Derby and Marshal or any of them did or any other of their Company or of their Aid or of their Adherents or any of them by their Assemblings Ridings Marchings in Arms Appeals and Pursuits as things done to the Honour of God the Safety of the King Maintenance of his Crown and Safety of the whole Kingdom And also in pursuance of the same Petition had
Ib. n. 10. Sir Thomas Pâ—râ—y general Procurator for the Clergy Arch-Bishops and the Clergie of both Provinces constituted and appointed Sir Thomas Percy their Procurator as by their Instrument doth appear The Commission and Statute made upon it in 6 Stat. at Large 21 Rich. II. Cap. 2. This agrees with the Record The Commission and Statute made in the 11th year of the King Repealed the Eleventh year of this King are repealed and made void at the prayer of the Commons as being made Traiterously by constraint and compulsion against the King's Will his Royalty Crown and Dignity and it was Ordained and Established by the King with the Assent of the Lords and Commons That no such Commission or the like should be made and that he that should indeavour or procure any such to be made or the like in time to come c. being thereof duely Convict should suffer as a Traytor The Pardon 's granted to the Duke of 7 Râ—t Parl. 21 Rich. II. n. 12 13. The Pardons to the Dâ—ke of Glocester Earls of Arundel and Warwick made void Glocester and Earls of Arundel and Warwick in the Parlement of the Eleventh of this King are made void as done by force only against the King's Will as also the Pardon granted to the Earl of Arundel at Windsor in the 17th year of this King is revoked and annulled On the * Ib. n. 14. The Commons declare with the King's Leave their intent waâ— to accuse Persons during the 〈…〉 of this Parlement They hâ—â— the King's Leave 20th of September the Commons made Protestation to the King in full Parlement That tho they would shew and declare certain Matters and Articles they had then Advised of and Agreed amongst themselves nevertheless it was and is their Intent and Will by Leave of the King to accuse and impeach Person or Persons as often as they should think fit during the time of this Parlement ne nit meins il feust est lour intent volonte par conge de nostre Seigneur le Roy d'accuser empescher person ou persons a taunts de foitz come leur sembleroit affair durant le temps de cest present Parlement And they prayed the King he would please to accept their Protestation and that it might be entered of Record on the Parlement Roll which the King granted and commanded it to be done Then on the 8 â—â—â— 15. The Arch-Bishop of Canterbury accused of Treason same day before the King in full Parlement they accused and impeached Thomas Arundel Arch-Bishop of Canterbury of High Treason for that he being Chief Officer of the King to wit his Chancellor when he was Bishop of Ely was Traiterously aiding procuring and advising in making a Commission directed to Thomas Duke of Glocester Richard Earl of Arundelâ— and others in the Tenth year of the Reign of the King and made and procured himself as chief Officer of the Realm to be put into it to have Power with the other Commissioners to put it in Execution Which Commission was made in prejudice of the King and openly against his Royalty his Crown and Dignity and that the said Thomas put in Vse and Execution the said Commission Also for that 9 Ibm. the said Thomas Arch-Bishop in the Eleventh year of the King procured and advised the Duke of Glocester and the Earls of Warwick and Arundel to take upon them Royal Power and to Arrest the King's Lieges Simon Burley and James Barners and Judge them to Death contrary to the Will and Assent of the King and upon this the said Commons pray the King the said Thomas may be put in safeguard in an honest manner And the King 1 Ibm. said because the Accusation and Empeachment touched so high a Person and Peer of the Realm he would be advised Also the Twenty first day of 2 Ib. n. 16. The Commons pray Judgment against the Arch-Bishop of Canterbury September next following the Commons prayed the King That as they had Empeached and Accused the Arch-Bishop of Canterbury that he had assented or was in the Contrivance to cause the Commission to be made qil feust d'assent de fair fair la dit Commission on the Nineteenth of November in the Tenth year of the King and of the Execution of the same which was expressly against the King his State and Dignity That he would please to Ordain such Judgment against him as the Case required Hereupon the King caused to be Recorded in Parlement That the Arch-Bishop was before him in the presence of certain Lords and confessed que en la use de la dit Commission il soy misprist luy mist en la Grace du Roy. That he was mistaken or erred in the use of the Commission and put himself under the King's Grace Whereupon the 3 Ibm. He was adjudged Traytor and to be Banished King and all the Lords Temporal and Monsieur Thomas Percy having sufficient Power from the Prelates and Clergie as appeared upon Record in the said Parlement adjudged and declared the Article which the Arch-Bishop confessed to be Treason and touched the King himself and also judged and declared him a Traytor and thereupon it was awarded in Parlement That he should be Banished out of England his Temporalties seized and his Goods and Chattels forfeited to the King who was to appoint the time of his Exile And then the King 4 Ib. n. 17. assigned him time of Passage from the Eve of St. Michael until Six weeks next following from the Port of Dover into France and further That he should forfeit all his Lands Tenements and Possessions which he had in Fee Simple by Descent Purchase or otherwise at the day of the Treason committed or after or that any one held to his use to the King and his Heirs for ever The Commons interceeded with the King for his Favour toward such as were named in the 5 Ib. n. 26. The Commons interceed with the King for such as were named in the Commission and did not act Commission and made Commissioners but neither procured it consented to it or acted in the Execution of it Three whereof were alive the Duke of York the Bishop of Winchester and Richard Lescrop Knight and Four dead William late Arch-Bishop of Canterbury Alexander late Arch-Bishop of York Thomas late Bishop of Excester and Nicholas late Abbat of Waltham whose Loyalty and Innocency was acknowledged in Parlement The Declaration whereof was made a Statute by the King with the Advice and Assent of the Lords at the Prayer of the Commons They further 6 Ib. n. 27. humbly beseech the King That he would please to consider how at the time when Thomas Duke of Glocester Richard Earl of Arundel and Thomas Earl of Warwic did rise soy leverent and march against their Allegiance and the King The Commons move the King in behalf of the Earls of Derby and Nottingham the said
Establishmment and Affirmance of these things the Prelates and Ordinaries of the Provinces of Canterbury and York with one Assent did pronounce the Sentence of the greater Excommunication against all and every of the Subjects of both Provinces that openly or privately by Deed Counsel or Advice should contravene or do against any of the foresaid Premisses the King's Royalty and Prerogative in all things saved According to the Adjournment 7 Ibm n. 44. 21 Ric. II. A. D. 1398. The Parlement met at Shrewsbury the Parlement met at Shrewsbury on Monday after the Quinden of St. Hillary when the Chancellor told them That at first this Parlement was Summoned for the Honour of God and that Holy Church might enjoy all its Liberties and Franchises and that all the Lords Knights Citizens and Burgesses should have and enjoy all their Liberties and Franchises as they reasonably enjoyed and used them in former times 8 Ibm. Also that there should not be more Governours in the Kingdom than One and that the Laws might be duly obeyed and executed as it was more fully contained in the Beginning and Pronunciation of the Cause of this Parlement Also the 9 Ibm. The King desired to know how the Charge for the Defence of the War should be born Chancellor shewed to the Commons the King would be informed by them how the Charge should be born for the Defence of England Ireland Guyen the March of Calais and also the March of Scotland in case they kept not the Truce made for four years which was to end at Michaelmas next coming The Lords Appellants in this Parlement 1 Ibm. n. 47. Stat. ac Large 21 Ric. II. c. 12. The Lords Appellants in this Parlement Moved the Parlement in the 11th of this King might be revoked Edward Duke of Albemarle Thomas Duke of Surrey John Duke of Excester John Marquess of Dorset John Earl of Salisbury Thomas Earl of Glocester and William Earl of Wiltshire Prayed the King and shewed that certain Lords Convict and Attainted the Duke of Glocester the Earls of Arundel and Warwic by Coertion and Compulsion made him Summon a Parlement at Westminster on the morrow after Candlemas in the 11th Year of his Reign and then reciting what had been done that Year and particularly the Questions and Answers put to and made by Sir Robert Tresilian the other Judges and King's Serjeant at Nottingham that the whole Parlement might be revoked the Commons joined with them in the same Prayer to which the Lords Spiritual and Temporal Assented After the Reading the 2 Ibm. The Answers made to the Questions propounded at Nottingham judged good and lawful The Judges Justices and Serjeants of that Opinion Questions and Answers as well before the King and Lords as Commons all the Estates of Parlement were asked What they thought of the Answers And they said They thought the Justices made and gave their Answers duly and lawfully as good and lawful Liege People of the King ought to do And Sir Thomas Skelton Learned in the Law William Hankeford and William Brenchly the King's Serjeants said The Answers were good and lawful and that if the same Questions had been put to them they would have given the same William Thirning Chief Justice of the Common Bench said The Declaration of Treason not declared belonged to the Parlement but if he were a Lord or Peer of Parlement if he had been asked he would have said in the same manner In like manner said William Ri 〈…〉 ice of the Common Pleas and Sir Walter Clopton Chief 〈…〉 of the King's Bench said the same thing Wherefore the 〈…〉 were judged and affirmed to be good and sufficient in thâ—◠〈…〉 ment 〈…〉 upon by Assent of the Lords Spiritual and Temporal the 〈…〉 of the Clergy and Commons and by Advice of the Justi 〈…〉 and Serjeants aforesaid there being it was 3 Ibm. The Parlement as above annulled Awarded and Judged Ordained and Stablished That the Parlement holden in the said 11th Year shall be clearly annulled and holden for none as a thing made without Authority and against the Will and Liberty of the King and the Right of his Crown and that all the Judgments Statutes and Ordinances made in the same with all things depending upon them shall be revoked and annulled reversed and repealed and holden for none and that all Lands Tenements Fees Advousons and all other Possessions seized as forfeit by colour of the said Judgments shall be restored and delivered to them which were judged or put out or to their Heirs and to them that have in other manner Cause of Action or Title of Right with all manner of Liberties or Franchises as they had at any time with Restitution of Goods and Chattels On Wednesday the third Day of this Meeting 4 Ibm. n. 51. The Commons desire that the greatest Security that can be may be given for not undoing what was done in this Parlement John Bussy the Speaker alledged That before that time many Ordinances and Statutes made in divers Parlements had been reversed by diversity of Opinions and other Reasons and Subtilties and on behalf of the Commons prayed the King That the greatest Security that could be given might be taken for the not undoing the Ordinances and Judgments made in this Parlement Whereupon the King charged all the Estates in Parlement to give them their Advice for the best and most firm Security in this case The Lords Spiritual and Temporal answered That they had Sworn before to hold and keep the said Judgments Establishments and Statutes * This Salvo was not in their Oaths which they would maintain with all their Power as much as in them was The King also demanded of the Justices and Serjeants If they knew any other more secure way for the perpetual keeping and observing of the Ordinances and Judgments c. Who answered The greatest Security that could be was established by Parlement And then the Lords Temporal and Spiritual renewed their Oaths before the King in Parlement upon the Lords Spiritual and Temporal renew their Oaths Cross of Canterbury and also the greatest part of the Commons held up their hands in Affirmance of their Oaths and likewise the Proctors of the Clergy and the Knights being about the King And then after Proclamation had been made in audience of all the People To know if they would 5 Ibm. The People Consent to these things Consent to this manner of Security To which they answered lifting their Hands on high and crying with loud Voices It pleased them well and fully consented thereunto Thomas le Despenser Petitions * Ib. n. 55. to the end of n. 66. The Repeal of the Judgments against the Despensers 14th 15th of Ed. II. confirmed and the Reverse of that Appeal in the 1st of Ed. III. repealed the King in full Parlement wherein he recites the Petitions of Hugh the Father and Hugh the Son to the
Droiturel Naturel Soveraign Seigneur de sa Grace especial prist la Batail en sa mayn And it was said to the Duke of Hereford That the King by full Advice Authority The King by Advice of those who had the Authority of Parlement stayed the Battel And banish'd the Duke of Hereford for 10 years Note the Duke of Hereford's Father John Duke of Lancastir was chief in this Advice and Judgment 6 Ibm. The Duke of Norfolk banished by the same Advice and Authority and Assent of Parlement le Roy par plein Avys Auctorite Assent du Parlement Willed or Ordained and Adjudged for the Peace and Tranquillity of him his Kingdom and Subjects and to eschew Debates and Troubles especially between the Dukes their Friends and Well-willers That the Duke of Hereford should go out of the Kingdom for Ten Years and be gone within Eight Days after the Day of St. Edward the Confessor or 13th of October upon pain to incur Treason by Authority of Parlement Also it was Ordained by Authority and under the pain aforesaid That the Duke of Hereford should not come in the Company of Thomas Duke of Norfolk nor of Thomas Arundel nor send or cause to be sent or receive or cause to be received by Message or otherwise to or from either of them It was then also 6 said to the Duke of Norfolk That forasmuch as at Windsor the 29th of April in the 21st of the King he had confessed certain Points of the Appeal or Schedule abovesaid which he had denied at Oswaldstre on the 23d of February foregoing which were very likely to have bred great Trouble within the Kingdom The King desiring to punish as Rightful Lord all such as were the Authors of such Troubles and Debates and also willing to avoid the Occasions of them Adjudged and Ordained by the same Advice Authority and Assent of Parlement That Thomas Mowbray Duke of Norfolk should void his Realm voidera son Roialme for term of Life and that he shall be out of the Kingdom by the 20th of October next coming and remain in Germany Bohemia and Hungary and in other Parts of Christendom upon pain to incur Treason by Authority aforesaid and that he should not come in the Company of the Duke of Hereford nor of Thomas Arundel nor send or receive c. as before in the Duke of Hereford's Case upon the same pain And it was Ordained by Authority of Parlement as above That if either of the Dukes or any other do procure any thing to be done against the least point in the Ordinance or what was done on the 16th of September shall incur the pain of Treason as if it had been done against any Ordinance of the Parlement begun at Westminster and adjourned to Shrewsbury or if they or any other for them shoulk seek for any manner of Pardon or Licence to return home they were to incur the same pain by the same Authority On Tuesday on the morrow of St. Edward the 14th of October next following the King with the 7 Stat. at Large 21 Ric. II. c. 16. These things though in the 22d year are entred on the Parlement Roll 21st as part of that Parlement Ordinances and Statutes made at Bristol Dukes of Lancaster York Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Salisbury and Glocester John Bussy Henry Green and John Russel by Virtue and Authority to them committed in Parlement at Bristol made certain Ordinances and Statutes Five whereof are printed in the Statutes at Large Cap. 16 17 18 19 20. the last whereof relating only to our Purpose and varying in Print somewhat from the Roll I have added to it what was wanting Also the King on the same Tuesday on the morrow of St. Edward by the same Assent of the Lords and Knights of Counties so assigned by the said 8 Rot. Parl. 21 Ric. II. n. 85. so entred though it was in the 22 Ric. II Not to be repealed under pain of Treason Authority of Parlement doth Ordain That every Person that procureth or pursueth to Repeal or Reverse any of the said Statutes or Ordinances made by the King by the Assent of the said Lords and Knights assigned by Power and Authority of Parlement and that duly proved in Parlement shall be Adjudged and have Execution as a Traitor to the Kingdom in like manner as they which Pursue or Procure to be Repealed the Statutes and Ordinances made during the time of the said Parlement After this Provision made for the sure keeping of the Statutes The Oaths of the Bishops and Lords enlarged and Ordinances made by the King with the Assent of the Lords and Knights assigned by Power and Authority of the Parlement the Oath of the Bishops when they received their Temporalties of the Temporal Lords when they had Livery of their Lands and Tenements were enlarged with these Additions To the Bishops Oath was added 9 Ibm. n 86. The Additions to the Bishops Oath You shall Swear That well and truly vous jurez que Bien Loyalment Tendrez Sustendez Esterrez sanz fraud on mal Engyn ove touz les Estatutes Establishments Ordenances Jugements faits c. you will Hold Vphold and Stand with without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made and rendred in the Parlement summoned and begun at Westminster on the Monday next after the Exaltation of Holy Cross in the Year of the Reign of our Lord King Richard II. after the Conquest Twenty one and from thence adjourned to Shrewsbury to the Quinden or 15 Days after St. Hillary then next coming and there ended And also all the Statutes and Ordinances made after the said Parlement by the King and Lords and Knights of Shires coming for the Commons to that Parlement without going or doing to the contrary of any of them or the Dependants on or Parcel them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Regaly Liberty and Right of his Crown To the Oath of the 1 Ibm. Temporal Lords was this further Addition You shall Swear That you will never suffer in time to come any Man The Addition to the Oath of the Lords Temporal living to go or do anything to the contrary of any of the Statutes Establishments Ordinances and Judgments above-said nor any Dependants on or Parcell of them And if any one shall do so and be thereof duly Convict you shall use your utmost Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High Traitor to the King and Kingdom saving to the King is Regalie Liberty and Right of his Crown At Handenstank on the 26th of October this Year Commissioners A.
D. 1398. 22 Ric. II. Commissioners of England and Scotland to take care of the Articles of the late Truce for both Nations met For Scotland Sir William Bortwic Sir John of Remorgny Knights and Adam Forster Esquire For England John Bussy and Henry Green Knights William Feriby Clerc and Laurence Drew Esquire Their Business was to take care of the Release and Exchange of Prisoners that had been taken on both sides since the Truce of Leulingham in the Year 1389. and to regulate the Practices of the Borders on both sides and secure them from Rapin Thefts Robberies Burnings and taking and carrying away Prisoners into either Country during the time of the late Twenty Eight Years Truce between England and France which was effectually done in Eleven Articles The Instrument it self under the Seals of Scots Commissioners in true Scottish Language being with the Under-Chamberlains in the Exchequer in a little Box tituled Scotia About 2 Hypodig Neustr f. 553. lin 5. The Death of the Duke of Lancaster Candlemas next following John Duke of Lancaster died and the King with the Committee that had the Authority of Parlement met at Westminster on Tuesday the 8th Day of March when it was declared That Henry Duke of Hereford 3 Rot. Parl. n. 87 88. after the Judgment given against him at Coventry had procured Letters Patents from the King that during his absence by his Attorneys he might Sue and have Livery of any Lands descended to him and his Homage respited Which Letters Patents were declared to be against Law Whereupon the King by Advice of the Committee and Assent of Parlement Revoked those Letters Patents as also the like Letters Patents made to the Duke of Norfolk On 4 Placâ—â— Coron 21 Ric. II. n. Judgment against Sir R. Plesington the same Day Robert Plesington Knight though dead before was adjudged Traitor for being in the Action with the Duke of Glocester Earls of Arundel and Warwic at Haringey and all his Castles Mannors Lands Tenements Goods and Chattels to be forfeit After which many Bishops and Lords Temporal Sware as follows Which 5 Append. n. 113. The Oath of the Bishops Lords and Knights Judgments Ordinances and Establishments so Made Ordained and Agreed on the said Tuesday the 18th of March and all the Statutes Establishments Ordinances and Judgments Made and Rendred in the said Parlement or at Coventry or otherwhere by Virtue and Authority of the same Parlement firmly to hold and keep as well the Lords Spiritual as Temporal and certain Knights for Counties by Authority of Parlement there being the same Tuesday were Sworn in the Presence of the King upon the Cross of Canterbury de les tenir sustenir de esteer ove ycelles to hold uphold and stand with them without Fraud or Deceit according to the Form and Effect of the Oaths by them made before as contained in the Parlement-Roll The Names of the Bishops Lords and Knights do here follow The Arch-Bishop of Canterbury The Arch-Bishop of York The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Norwich The Bishop of Excester Chancellor The Bishop of Rochester The Bishop of Hereford The Bishop of Salisbury The Bishop of Lincoln The Bishop of St. Asaph The Bishop of St. Davids The Bishop of Chester The Bishop of Chichester The Bishop of Landaff The Abbat of Westminster The Abbat of St. Edmondsbury The Duke of York The Duke of Albemarle The Duke of Excester The Marquess of Dorset The Earl of Stafford The Earl of Salisbury The Earl of Northumberland The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wiltshire Treasurer The Earl of Suffolk The Lord Grey of Ruthin The Lord Ferrers of Groby The Lord Lovell The Lord Camoys Sir John Bussy Sir Henry Green Sir John Russell Robert Teye After this the Chancellor by the King's Command required openly all those that had been Sworn and would observe the Judgments Oath and Ordinances should hold up their Right Hands which was done by all the People in the King's Presence On the 23d of April 6 Placit Coron ut supra n. The Judgment of H. Bowet following the King and Committee that had the Authority of Parlement were at Windsor where Henry Bowet Clerc was brought before them where it was shewn the King That the Duke of Hereford since the Judgment given against him at Coventry had by Petition amongst other things obtained from the King Letters Patents That if any Lands of Inheritance descended or fell to him in his absence for which he ought to do Homage he might by his Attorneys Sue for and have Livery of them and his Homage and Fealty respited Which Letters Patents being granted by Inadvertency without due Advice or mature Deliberation as they ought to have been and being then viewed and diligently examined it was found that they were clearly against the said Judgment because the Duke of Hereford after that Judgment was not a Person capable to have or receive Benefit by the Leters Patents and for that they had been adjudged void as appeared by the Parlement-Roll And therefore because Henry Bowet Clerc had been the Chief Contriver and Manager of the said Petition the King by the Assent of the Committee who had the Authority of Parlement adjudged him Traitor and to be Drawn Hanged Headed and Quartered and all his Lands and Tenements as well in England as Gascony and all his Goods and Chattels to be forfeited But because he was the King's Chaplain he pardoned the Execution of the Judgment and granted him his Life with this That he should be Banished England for ever While these things 7 Hypodygâ—â— Neustr f. 552. n. 50. were doing here there came News from Ireland That Lieutenant Roger Earl of March was there slain by the Irish To Revenge whose Death and subdue the Irish the King levied a considerable Force and went into Ireland with The King goes into Ireland several Bishops and many of the Nobility Toward which Expedition he Raised Money by undue Ways and taking up Carriages Victuals and other Necessaries without paying for them by which and many other Imprudent Rash and Vnadvised Practices he had made himself and Government uneasie to the People The Duke taking advantage of King Richard's absence thinks of coming for England 8 Walsingh Hist fol. 358. n. 10 20 30. The Duke of Hereford lands in England to demand his Inheritance with Thomas Arundel Arch-Bishop of Canterbury and the Son and Heir of the Earl of Arundel and a small Company he took Ship in France and hovering a while about the English Coast to spie whether there were any ready to resist them at length landed at Ravenspur in Yorkeshire where there came into him Henry Percy Earl of Northumberland and Henry his Son Ralph Earl of Westmerland and other Lords so as in a short time he had an Army of 60000 Men They marched speedily to Bristol
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
he was True Pope and as so and Head of Holy Church ought to be Accepted and Obeyed And to this all the Prelates Lords and Commons Agreed The next Year the People 3 Stat. at Large 3 Ric. II. c. 3. Complained and Petitioned shewing That Cathedral and Collegiate Churches Abbeys and Priories and other Benefices of the Kingdom were filled with Men of another Language and of strange Lands and Nations and sometimes Enemies of the King and Kingdom which never made Residence in the same or perform'd the Charge thereof Whereupon the King by Advice and Common Assent of all the Lords Temporal Ordained That none of his Liege People of what Condition soever they were should take or receive any Procuracy Letter of Attorney Farm or other Administration by Indenture or in any other manner of any Benefice within England but only of the King's Subjects without his special Licence by Advice of his Council nor send out of the Kingdom any Gold Silver or other Treasure or Commodity by Bill of Exchange Merchandise or any other manner And those that did the contrary to incur the Pain and Punishment contained in the Statute of Provisors This Prohibition upon Complaint and Petition of the Commons by Assent of the King and Lords Temporal proved ineffectual for the End intended and therefore it was reinforced And it was agreed by the King in his 7th Year the Lords Temporal and Commons that the same 4 Ib 7 Ric. II. c. 12 Roi. Paâ—l 7 Ric. n. II. 49. Statutes shall keep his Force and Effects in all Points and that all Aliens that have purchased or shall purchase any Benefice Dignity or Thing of Holy Church and in his Proper Person take Possession of the same or use it himself within the Kingdom to his own Benefit or of any other without special Licence of the King shall be comprised in the same Statute But this Reinforcement had not its due Effect 5 Ibm. 12 Ric. II. c. 15. and therefore it was Ordained and Assented That no Liege-man of the King of what Estate or Condition that he be great or little should pass over the Sea or send out of the Realm of England without special Leave of the King himself to provide or purchase for himself Benefice of Holy Church with Cure or without Cure And if any do and by virtue of such Provision accept by him or any other any Benefice of the same Kingdom that at that time the same Provisor shall be out of the King's Protection and the same Benefice void so that it should be lawful to the Patron as well Spiritual as Temporal to present to the same an able Clerc at his Pleasure Nor could this hinder Provisions Gifts and Sale of Benefices of all sorts by the Pope for in the 6 Ibm. 2d Statute made 13 Ric. II. c. 2. Rot. Parl. n. 32. next Year the Commons require the King the Statute of Provisors made in the 25th of Edward I. might be recited in Parlement and then it was Ordained and Established That if any make Acceptation of any Benefice of Holy Church contrary to that Statute and duly proved and be beyond Sea he should abide Exiled and Banished out of the Realm for ever and his Lands and Tenements Goods and Chattels forfeit to the King And if he be within the Kingdom he should be also Exiled and Banished and incur the same Forfeiture and avoid the Realm within six Weeks next after such Acceptation And if any one receive such Person after that six Weeks he shall be Banished and incur the same Forfeiture And it was then also 7 Ib. c. 3. Rot. Parl. n. 44. Ordained and Established That if any Man brought or sent within the Kingdom or the King's Power any Summons Sentence or Excommunication against any Person of what Condition that he be for the cause of making Motion Assent or Execution of the Statute of Provisors as above he should be Taken Arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and moreover incur the Pain of Life and Member And if any Prelate make Execution of such Summons Sentences or Excommunications That his Temporalties be taken and abide in the King's hands till due Redress and Correction be thereof made And if any Person of less Estate than a Prelate of what Condition that he be make such Execution he should be Taken Arrested and put in Prison and make Fine and Ransom by Discretion of the King's Council Notwithstanding this Care and these Laws made against the Pope's Practices in this Kingdom 8 Ibm. 16. Ric. II. c. 5. Rot. Parl. n. 20. the Commons in the Parlement in the 16th of this King shewed unto him grievously Complaining That forasmuch as he and all his Liege People ought of Right and of old time were wont to Sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to which they have Right to Present the Conisance of Plea of which Presentment belongeth only to the King's Court of the old Right of his Crown used in the time of his Progenitors Kings of England and when Judgment was given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual Persons which had Institution of such Benefices within their Jurisdictions were bound and had made Execution of such Judgments by the King 's Commands all the time aforesaid without interruption for no Lay Person could make such Execution and also were bound of Right to make Execution of many other of the King's Commands of which Right the Crown of England hath been peaceably seized until this Day But now of late divers Processes have been made by the Bishops of Rome and Censures of Excommunication upon certain Bishops of England because they had made Execution of such Commands to the open Disherison of the Crown and Destruction of the King his Laws and all his Kingdom if Remedy be not provided 9 Ibm. They further Complain of the Pope's Translation of Bishops from Bishoprick to Bishoprick and sending some out of the Kingdom who were fit to be of the King's Council and able to give him Advice without his Assent and against his Will 1 Ibm. So that the Crown of England which hath been so free at all times That it hath been in Subjection to no * So the Words in the Parlement-Roll 16 Ric. II. n. 20. Earhtly Sovereign but immediately Subject to God and to none other in all things touching the Regaly or Royalty of the Crown should be submitted to the Bishop of Rome and the Laws and Statutes of this Realm by him defeated and destroyed at his Will in perpetual Destruction of the King his Crown and Regaly and all his Realm which God forbid Wherefore they 2 Ibm. declare That they and all the Liege Commons of the Kingdom would be with the King his Crown and
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
THE Continuation of the Complete History of ENGLAND by Robert Brady D r. in Physic. 1700. Printed for S. Lowndes and A. I. Churchill A CONTINUATION OF THE Complete History OF ENGLAND CONTAINING The LIVES and REIGNS OF Edward I. II. III. AND Richard the Second By ROBERT BRADY Doctor in Physic In the SAVOY Printed by Edward Jones for Sam. Lowndes over-against Exeter-Exchange in the Strand and Awnsham and John Churchil at the Black Swan in Pater-Noster-Row 1700. A CONTINUATION Of the Compleat History of England c. King EDWARD the First KIng Henry the Third died on the 16th of November 1272. and was buried at Westminster the 20th of the same Month and so soon as he was buried John Earl of Waren and 1 Mat. Westm fol. 401. n. 40. 50. A. D. 1272. The Nobility and Clergy swear Fealty to Edw. I. when beyond Sea after the Death of his Father and appoint Guardians of the Kingdom The Guardians Names They enter upon the Government all Writs and Instruments issued by them in the King's Name Gilbert Earl of Glocester with the Clergy and Laity went to the great Altar and sware Fealty to his First-born Son Edward who was then in the Holy Land not knowing whether he was living afterward the Nobility of the Nation met at the New Temple London and a new Seal having been made they appointed faithful Ministers and Guardians that might keep the King's Treasure and the Peace of the Kingdom Postmodum ad novum Templum Londini nobillores Regni pariter convenerunt facto sigillo novo constituerunt fideles ministros custodes qui Thesaurum Regis c. These Guardians were Walter Giffard Arch-Bishop of York Edmond Plantagenet Son to Richard Plantagenet Brother to King Henry the Third Earl of Cornwal and Gilbert de Clare Earl of Gloucester who entred upon the Exercise of the Government by the Advice and Appointment of the Nobility without any possible Privity or Knowledge of the King yet all the Writs Proclamations and Instruments concerning the Government were Issued in the King's Name as appears by the 2 Append. n. 1. A Writ to proclaim the King's Peace Writ directed to all the Sheriffs in England to proclaim the King's Peace throughout their whole Counties in all Cities Burghs Fairs Mercates and other Places Which was in this Form Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitan c. Whereas our Father King Henry of Famous Memory being Dead the Government of the Kingdom is come to us by Hereditary Succession c. We command the c. Witness W. Arch-Bishop of York Ed. of Cornwall and G. of Glocester Earls at Westminster the 23d of November in the First Year of Our Reign But three Days after the Interrment of his Father There was also a Writ of almost the same Tenor in the King's Name directed to the Abbats of Dore and Hagenham to Receive the Oath of Fidelity from 3 Append. n. 2. Leulin Prince of Wales summon'd to take the Oath of Fealty Leulin Son of Griffin Prince of Wales Dated by the Hand of Walter de Merton then Chancellor and at least a great Assistant to the Guardians on the 29th of November in the First Year of Our Reign but he appeared not sent any answer to the Abbats as by the Return from them and the Constable of Montgomery Castle annexed to the Writ it self is manifest Writs likewise for keeping the Peace in Ireland were Directed 4 Pat 1 Ed. I. Part. 2. M. 20. De Conservatione pacis in Hibernia A Writ for the Conservation of the Peace in Ireland to Maurice Fitz-Maurice Justiciary of that Nation inhibiting all under the Pain of Life and Member and Disheriting That they presumed not to infringe the Publick or King's Peace with Promise to Maintain all People of that Land in their Rights Goods and Estates and do them full Justice against great and small 5 Ib. M. 20. De fidelitate Archiepiscopor Episcop c. Regi facienda With Command to the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freemen of Ireland to take the Oath of Fealty before Commissioners there appointed Both these Records Dated by the Hand of Walter de Merton Chancellor on the 7th day of December at Westminster Besides these they Issued other Writs in the King's Name one for Assessing of 6 Append. n. 3. 4. A Writ to the Sheriff of Surry and Sussex to Suppress the Rabble and Plunderers Tallage dated Jan. 27. and to the 6 Sheriff of Surry and Sussex another to raise the Posse Comitatus for suppressing the Rabble who were up there Plundering Robbing and Murdering the King's Subjects dated the 6th of June both in his First Year so that they took upon them the Whole Administration of the Government in his absence and he was so far pleased with the Proceedings of his Chancellor especially against the Bishop of Carlisle for Excommunicating the Sheriff of Cumberland because he 7 Bundel Brov. 1 Ed. I. n. 14. in the Tower Distreined the Goods of an Abbat in his Diocese for the King's Debt prohibiting him to put in Execution the Excommunication or Prosecute him in Court Christian for that the Correction and Pleas concerning the Transgression of the King's Officers belonged to himself according to the Custom of the Kingdom that he wrote him a Letter of 8 Append. n. 5. Thanks when he was acquainted with them for his Diligence in the Dispatch of his and the Kingdom 's Business Directing and Incouraging him to go on as he had begun promising to Ratifie whatever he should do in Ways of Justice Commanding him not to spare any of what State or Condition foever but to proceed against them by Rigor of Justice if otherwise he could not restrain their Excesses This Letter is dated August the 9th in the First Year of his Reign at Melun upon the River Seyn in France Upon the News of his Father's Death he set all things in order and disposed them as well as he could and came from the Holy Land into Sicily and was received by the 9 Mat. West f. 402. n. 10 20 30 40 50. The King came from the Holy Land into Sicily from thence to Rome and so into France where he did Homage to that King for Aquitan King thereof with great Honour who Conducted him to the Roman Court where he spent some time with Pope Gregory the Tenth his Friend Familiar and Acquaintance in the Holy Land From thence he passed into Burgundy where at the foot of the Mountains some English Bishops Abbats Earls and Barons met him from whence he came into France where he was Honourably received by King Philip the Hardy his Cousin German and did Homage to him for the Hereditary Lands he held of him who thereupon granted him the possession of them After this he took his Leave of the King and Peers of France 1 Ibm.
f. 403. n. 10. A. D. 1273. He receives the Homage and Service of his Vassals there and went into Aquitan to Receive the Homage and Service of his Vassals there in which he found much difficulty from several that Refused to do their Feudal Duties to him but chiefly from 2 Ibm. n. 20. and Mezer. Fr. Hist f. 315. A. D. 1272 3. The Viscount of Bearn denies his Homage He is forced to do it Gaston Monaco Viscount of Bearn who because a Predecessor or two had done Homage and Sworn Fealty to the King of Aragon and he had been much obliged to Alphonso the Second then King denied his Homage King Edward seised upon his Person and kept him Prisoner among his Retinue from whence making his Escape he was driven out of his Country And upon an Appeal to King Philip as Soveraign Lord of Aquitan or Guyenne in favour of King Edward He compelled Gaston to hold his Lands of him In the Second year of his Reign having settled his Affairs beyond Sea 3 Mat. West f. 467. n. 20. A. D. 1274. The King comes for England he took Ship at Bologn in Picardy and landed in England on the 25th of July At his landing Gilbert Earl of Glocester and John Earl of Warren received him more Honourably then other Nobility conducting him to their Castles of Tonebridge in Kent and Rigate in Surrey where they Treated and Feasted him with great Jollity many days On the 19th of August he and his Queen Elianor were 4 Ibm n 30. He and his Queen Crowned at Westminster Crowned at Westminster by Robert Kilwarby Arch-Bishop of Canterbury Alexander King of Scots and John Duke of Britan being present Toward the middle of October following he issued out 5 Pat. 2 Ed. I. M. 6. He makes inquiry after the Rights of his Crown his Military Tenants and Civil Officers c. whether they had done their Duties Writs of Inquiry by the Oaths of Twelve Legal Men to Two Commissioners in every County to Inquire what his Royalties and the Liberties and Prerogatives of his Crown were who were his Tenants in Capite and Military Service and how many and what Fees they held of him Of his Tenants in Antient Demeasn how they had behaved themselves and in what Condition their Farms were Of Sheriffs Coroners Escheators Bayliffs and their Clerks whether they had Extorted Money from any Man by reason of their Office had Wronged any Man or Received Bribes for Neglecting or being Remiss in their Offices c. The whole Inquiry containing 34 Articles About the beginning of November the King of France sent to the King of England to * Append. n. 6. A. D. 1275. The King summoned as a Peer of France appear in his Parlement to be holden on the Morrow of the Quindene of the Feast of St. Martin in Winter that is November 26. to be at the Tryal of a Case between Robert Duke of Burgundy on the one part and Robert Earl of Nevers and Yobend his Wife on the other part concerning the Dukedom of Burgundy and the Appurtenants Who by reason of his Weighty Affairs in his own Kingdom sent Maurice He sends his Excuse de Credome Otto de Grandison and Roger de Cliff to make his Excuse with his Commission or Letter of Credence dated at Westminster November 11. He was summoned as a Peer or great Vassal of France By his Writ dated at 6 Cl. 3. Ed. I. M 21. Dors A. D. 1275. The Parlement Prorogued before meeting Woodstock the 27th of December following he Prorogues his General Parlement he propounded to have holden 15 days after the Purification to the Morrow of the Octaves of Easter Quia Generale Parliamentum nostrum Quod cum Prelatis Magnatibus Regni proposuimus habere London ad Quindenam Purificationis Beatae Mariae Virginis proximo futur Quibusdam certis de causis prorogavimus usque in Crastinum claus Paschae proxim sequent c. Teste Rege apud Woodstock 27 die Decemb. Directed to Robert Arch-Bishop of Canterbury In which Parlement holden upon the Monday after Easter in the year 1276 he made Excellent Laws both for Church and State and for the Ease and Benefit of both The Preamble whereof here follows 7 Stat. at Large 3 Ed. I. A. D. 1276. Excellent Laws made both for Church and State These be the Acts in French the Establishments of King Edward Son to King Henry made at Westminster at his first Parlement General after his Coronation on the Monday of Easter Vtas in French on the Morrow of the Close of Easter which was the same day the 3d year of his Reign By his Council and by the Assent of Arch-Bishops Bishops Abbats Priors Earls Barons and all the Commonalty of the Realm being thither summoned because our Sovereign Lord the King had great Zeal in the French Will and Desire to Redress the State of the Realm in such things as required Amendment for the common Profit of Holy Church and the Realm and because the State of the Realm so in the French and of Holy Church had been evil kept and the Prelates and Religious People of the Land grieved many ways and the People otherwise Intreated then they ought to be and the Peace less kept and the Laws less used and the Offenders less punished then they ought to be by reason whereof the People of the Land feared the less to offend The King hath Ordained and Established these Acts in the French Things underwritten which he intendeth in the French understandeth to be necessary and profitable for the whole Realm First the King Willeth and Commandeth That the Peace of Holy Church and of the Land be well kept and maintained in With a saving to the King of the Rights of the Crown all Points and that common Right be done to all as well Poor as Rich without Respect of Persons This Statute is called Westminster the First and contains 51 Chapters and the 50th was A 8 In Tottel's Magna Charta 't is Chap. 49. in Mag. Charta Printed 1602 't is Chap. 50. saving to the King of the Rights of his Crown notwithstanding these Grants were made to the Honour of God and Holy Church for the common Good of the People and the Ease of such as were Grieved Thomas Wickes says this Statute was made by the Advice of the Lawyers Jurisperitorum 9 Chronic. 1. 102. Regni sui co-operante Consilio by which he gained the Hearts and Affections of the Plebesans Quo corda plebeiae multitudinis inaestimabili sibi Dilectionis sincertitate conjunxit Toward the latter end of July 1 Ib. f. 103. Gasto de Bearn submits himself Gasto de Bearn before-mentioned was sent to the King by the King of France who submitting himself and giving Security after a short Imprisonment was permitted to go into his own Country About 2 Ib. f. 104. Simon Montfort's Daughter and Prince Lewellin's Mistress made
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
his Army could not pass it part of which was cut down and a very large and wide Way made into Lewelin's Country where he Built the two Castles of Flint and Rothelan seised the Welshmen's Lands and Goods and wasted their Country drave them into their usual place of Retreat the Mountains of Snowdon and with the assistance of the Men of the Five Ports took the Anglesey taken Isle of Anglesey The Prince of Wales finding himself not able to resist the Force of the English desired Peace which was 5 Walsingham f. 48. n. 10 20. Granted unto him upon the following Articles 1. That all English Prisoners should be Released freely without Peace granted to the Prince of Wales and the Articles claiming any thing from them 2. That for this Peace and the King 's Good Will he should pay at the King's pleasure 50000 l. Sterling 3. That Four Cantreds and all the Lands Conquered by the English except Anglesey should be and remain to the King and his Heirs for ever And for Anglesey the Prince was to pay to the King 1000 Marks every year The first Payment to begin at Michaelmass then at hand and for his Ingress or Entry upon it 5000 Marks and if the Prince died without Heirs the King to have the Possession of it 4. That he should come into England to the King at Christmass to do his Homage 5. That all the Homages in Wales should be to the King except of Five Barons that lived in the Confines of Snowdon because he could not be called Prince unless he had some Barons under him for his Life but after his Death the Homages of those Five Barons should remain to the King and his Heirs for ever For the Security and Observation of these Articles he delivered to the King 6 Ibm. Security for the performance of Articles Ten Hostages of the best Persons in Wales without being restrained or disinherited And the best Men of every Cantred and of Snowdon by Consent of the Prince were to Swear upon the Holy Reliques That whensoever the Prince broke any of these Articles unless upon Admonition he corrected himself they would Estrange themselves abalienarent se ab eo and become his Enemies in all things they could Also besides these things 7 Ibm. he was to satisfie his Brothers for the Injuries he had done them they were Three Owen and Roderic whom he had put into Prison and David whom he had forced to fly into England The Laity as an Aid towards this War 8 Ibm. n. 20 30. gave the King the 20th part of their Goods If the Reader desires to be better informed or to see this Welsh Affair in a clearer light let him look back into the Life of Hen. III. fol. 578 579 580. and fol. 663. D. E. F. c. Upon this Peace 9 Ibm. n. 30. Leolin Marries the Daughter of Simon Montfort Eleanor the Daughter of Simon Montfort was given in Marriage to Lewelin by the King whose Prisoner she had been The Solemnity was performed at his Charge and He with his Queen was present at it About this time 1 Ibm. n. 40. A. D. 1279. The Earldom of Pontieu the Inheritance of the Queen of England the Countess of Pontieu the Queen's Mother died who had been Queen of Castile whose Inheritance the Earldom of Pontieu descended to her Daughter with whom the King passed the Seas about the Feast of Ascension and was Honourably Received by his Cousin Philip King of France and the most Powerful of his Kingdom at Amiens 2 Alezer f. 319. A. D. 1279. The King and Queen do Homage for several Countreys in France The King gives up his Right in Normandy who there received the Homages of the King and Queen of England for the Countries of Agenois Limosin Perigord Xantoigne in Aquitan and the Earldom of Pontieu in Picardy and other Lands and delivered unto them the Perpetual Possession of them For this King Edward gave up all his Right in the Dutchy of Normandy only reserving 30 Livers of Paris to be paid Annually out of the Exchequer It was in this year that so great a number of Jews were Hanged and Fined for Clipping and Falsifying the King's Coin as appears by some Writs about this Matter tho' the Story is placed by Math. Westminster in the year before He says 3 F. 409. n. 20. Jews Hanged for Clipping and Counterfeiting the King 's Coyn. in the Month of November all the Jews in England were taken and imprisoned in one day for Clipping and Counterfeiting the King's Money who accused many Christians as guilty of the same Crime They were Legally Tried and Convicted before Special Justices appointed for this Service viz. Walter Heliun and John Cobham as the Writs inform us as Pat. Roll. 7. Ed. 1. M. 1. de domibus A. D. 1279. Judaeorum suspensorum vendendis for the Sale of the Jews Houses that were Hanged as Escheated and Pat. 7. Ed. 1. M. 11. de potestate vendendi Domus Redditus Judaeorum Dampnatorum Power given to sell the Houses and Rents of the Condemned Jews Also Pat. 7. Ed. 1. M. 1. de finibus a Judaeis recipiendis for the Receiving Fines of the Jews such as Compounded for their Felonies and Faults 4 Ibm. There were no less then 280 of both Sexes Hanged in London and in other Cities of England Maxima multitudo a very great number besides such as were Fined The Friers Preachers in England who desired to Preach to the Preachers to Convert the Jews Obstinate Jews thereby to Convert them to the Christian Faith and turn them from their Wicked Practices and Unbelief applying themselves to the King obtained a 5 Pat 8. Ed. I. M. 27. A. D. 1280. Writ to all Sheriffs Bayliffs and other Liege People to admonish and induce the Jews in all Places to come and hear their Preaching without Blasphemy or Disturbance at such times as the Friers Preachers should direct The Title of the Writ in the Margin of the Roll De praedicando Judaeis about Preaching to the Jews And to promote their Conversion and for their Support when Converted 6 Ibm. Part. 1. M. 15. Dors orintus Maintenance granted to the Converted Jews the King granted that toward their Maintenance they should have half the forfeited Estates of the Jews distributed for their Maintenance and the other half should go to the House of Converts now the Rolls in Chancery-Lane London for the Support of Converts there and further that the Moiety of the forfeited Estates of the Jews and all Deodands be distributed in Alms according to the Patent pro sustentatione Judaeorum Conversorum for the Sustentation of the Converted Jews Yet for all this Incouragement the Preachers made no Work of They remain obstinate and unconverted it the Jews remained so still they were the same Vsurers and Brokers accounted then Wicked People as before and the same Infidels Only some Poor
Reign The Welsh affrighted at the Death of their Prince 2 Mat. Westm fol. 411. n. 20. The Welsh deliver up their Castles in Snowdon delivered all their Castles in Snowdon and the very middle of Wales and the Clergy and Laity Clerus Populus granted first a Fifteenth and afterwards a Thirtieth part of all their Goods to the King for an Ayd David the Brother of Lewelin 3 Ibm. And Walsingham f. 51. n. 20 30. f. 52. lin 6. A. D. 1284. David Prince Lewelin's Brother Judicially Condemned c. Wales wholly subdued was taken by the King's Spies and such as he had appointed for that Business who refused to see him when brought to Rothelan Castle altho with great importunity he desired to be brought before him was sent to Shrewsbury and there Judicially Condemned Hanged Drawn and Quartered From this time Wales became Subject to England received it's Laws and the King placed his Sheriffs in it King Edward having undertaken the Croysado for the holy-Holy-Land and by reason of these Welsh Wars and other things he was about to settle in his own Kingdom not being able in his own Person to perform it intended his Brother Edmund Earl of Cornwall for that Service and there being Six years Tenths Six years Tenths granted for the Aid of the Holy Land Collected from the Clergy according to the Canon and Grant of the Second Council of Lions laid up and secured in several Monasteries and other Places for Aid of the Holy Land Pope Martin the Fourth sent Two Preaching Friers into England for the Exportation and Return of this Money by his Agents and Forreign Merchants issued the following Writ to hinder it The King to Edmund Earl of Cornwall Greeting 4 Append. n. 8. The King forbids the Carrying of Money out of the Land to the Pope who sent for it Because for certain Causes we will not that the Six years Tenths Granted by the Clergy of Our Kingdom for the Aid of the Holy Land and now Collected be carried out of the Kingdom We Command that you cause to come before you all the Merchants of London as well those of Companies as others and Injoin and Inhibit them on Our behalf under the Peril of Losing Life Member and all their Goods that they no manner of ways Carry Cause or Permit to be Carried the Money arising from the said Tenths out of the Kingdom and if you find any Merchants or others doing so That you cause them and the Money to be Arrested and safely kept until you receive other Commands from Vs Witness the King at Hertlebury the 24th of May in the 10th of Our Reign The like Command was to the Major and Sheriffs of London and to Stephen Pencestre Warden of the Five Ports And he did not only Issue this Prohibition but sent Commissioners to the Places where it was laid up to see how much there was and to order the safe keeping of it for the right Use 5 Cl. 11 Ed. I. M. 7. Dors de Decima The Priors of Ely and Norwich refused to let the King's Officers see or secure the Money in their Monasteries whereupon he commanded 6 Ibm. the Sheriffs of Norfolk and Cambridgeshire to cause them with 3 or 4 of their Discreet Monks to come to him wherever he was to answer the Contempt Witness the King at Aberconwey in Snowdon the 15th day of June The Two Friers viz. Garnerius and Ramerius de Florentia ordinis Praedicatorum that brought the Pope's Orders for the Return or Transportation of these Tenths brought also his 7 Claus 10. Ed. I. M. 5. Dors litera directa Papae de cruce assumenda The Pope writes to the King about his Voyage to the Holy Land Letters to the King for the taking upon him the Cross and assigning the time of the General Passage of the Christians of all Nations into the Holy Land They pressed the King for an Answer who commended their Prudence very much to the Pope and only wrote back by them That his Holiness should receive Answer by Messengers of his own from Chester the 10th of June By these Messengers 8 Claus 11. of Ed. I. M. 7. Dors Bulla directa Regis super Decima The King sends Answer by his own Messengers who were Robert Dean of York and John Clazel his Chaplain as we are informed by the Pope's Bull to the King about this Matter he desired That the Tenths that were gathered in his Kingdom might be assigned to his Brother Edmund Earl of Campaign and Britany as the Pope there stiles him who was ready to undertake the Cross for the Succour of the Holy Land at the time of the General Passage But the Pope excusing the Delay of his Return to his Petition 9 Ibm. refused to Grant his Request and giving both him and his Brother great Encomiums and many fine Words earnestly moved him to go in his own Person as was expected for the Glory of GOD and his Own Honour This Bull is Dated apud Vrbem Veterem now Orvieto on the 8th of January in the Second year of his Popedom 1283. After this according to the 1 Registrum Peccham f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land Relation in the Pope's Letter or Bull directed to John Peccham Archbishop of Canterbury recited in his Answer to it directed to the Pope The King is Charged with Breaking open the Locks and Seals of the Places where this Money was kept and removing of it whither he pleased to the great Offence of the Divine Majesty and much Contempt of the Apostolick See whereas he ought not to have done it without his License having sent as 't is there said frivolous Letters for his Excuse In which Bull or Letter he Commands him by virtue of his Obedience to go to the King and admonish The Pope sends the Arch. Bishop to Admonish the King and induce him on his behalf ex parte nostra moneas inducas to restore and send the Money back from whence it was taken without any defalcation within the space of a Month and to tell him he would not nor ought to suffer the Holy Land to sustain such a great Loss and that unless he complied with the Admonition he would proceed against him and the Nation according to the Quality of the Fact and as he should think fit Enjoining the Arch-Bishop to give him an Account what he did in this Affair and what the King's Answer was Dated at the same Place as before the 5th of July in the Third year of his Pontificate The Arch-Bishop's Return 2 Ibm. The Arch-Bishop's Account to the Pope concerning the King and the Tenths granted for the Holy Land to the Pope was this Huic igitur Sanctitatis vestrae Mandato vires vota subjiciens reverenter c. In Obedience to your Holiness's Commands I went immediately to the King in the Marches of Wales and
delivered your Letters into his own Hands and having openly and plainly Expounded your Letters and Command to me and shewn the Authority of it before him and his Great Men I admonished the King to the performance of Three Things 1. That he should restore and cause to be carried to the Places from whence it was taken the whole Money of the Tenths with such readiness and alacrity as might expiate the Crime of taking it away 2. That for the future he should forbear such Actions adjoining That tho the Apostolic Elementy retained him in the number of her Dearest Sons yet if he should be afterwards found in such Offences she neither could nor would with-hold from him the Rod of Correction Non posse eam nec velle virgam ei Correctionis subtrahere lest sparing the Man it should assent to those Divine Affronts or Injuries it had not Corrected Ne parcendo homini Divinis Injuriis quas non corrigeret assentiret 3. That he should not trouble or prosecute those that had the Money in keeping Quibus silenter Reverenter auditis c. To which he having patiently and reverently heard them and having deliberated with those about him he thus answered To the First That there was no necessity of the Pope's sending his Letters or the Arch-Bishop to him in this Case when as he had Two Months since commanded the Money to be restored To the Second That he intended no undue thing nihil indebitum intendebat against the Church for the future To the Third He said he wondred why it should be put upon him not to Molest the Guardians of the Money when it was always his firm purpose not to do injury to any Innocent Person When he sent this Account of his Proceeding to the Pope he also advertised him That it was affirmed by such Testimony as ought to be believed that the King had restored the Money but of that he could not write him the precise Truth unless from those that knew the Weight Number and Measure of it Nisi per illos qui ipsius noverunt Pondus Numerum Mensuram This Answer of the Arch-Bishop to the Pope is dated the 29th of November While the King 3 Mat. West f. 411. n. 50 A. D. 1284. King Ed. II. Born remained in Wales for the Establishing and Settling his own and the Nation 's Affairs there his Son Edward who succeeded him was born at Caernarvon on St. Mark 's Day where he continued until toward the latter end of April the year following and then having finished his Work 4 Ib. f. 412. n. 30. A. D. 1285. he came into England and was received at London in great Triumph the last day of that Month. Matthew of Westminster Reports That the King of 5 Ibm. n. 40 50. France Philip IV. called the Fair not long after his Father's Death sent his Ambassadors to King Edward to come over into France and employ his Mediation for a Peace between himself and the Kings of Arragon and Spain He complied with his desire and on the 24th of June passed the Sea and was attended with many Bishops A. D. 1286. Earls and Barons and was received Honourably by the King and Nobles of France and Conducted to St. Germans where he staid some time and demanded the Lands which his Grandfather King John had lost and obtained Ten thousand Pounds Sterling of the King of France to be yearly paid at the Tower of London together with some Arrears for Normandy which was his Inheritance Mezeray's Story is otherwise he 6 F. 322. A. D. 1286. says ever since the Death of Philip III. Edward King of England had omitted no Endeavour to confirm the Treaties with his Successor In the year 1286 landing in France about Pontieu he was received at Amiens by several Lords sent from the King to meet him from thence he came to Paris where he was Magnificently Treated and was present at the Parlement which was held after Easter and went from thence to Bourdeaux The apparent Cause of his Voyage was the Desire he had to compose the Business of the King of Arragon with the King of France because Alphonso the Eldest Son and Successor of Peter had Married or Espoused his Daughter Elianor He forgot not likewise then to press earnestly he might have some Consideration for Normandy and those other Countreys which both his Father and himself had Renounced but could obtain nothing in either of these Points Being at Burdeaux he solemnly Received the Ambassadors of the Kings of Aragon Castile and Sicily all Enemies to France which gave no little Jealousie to King Philip Thus the French Historian And there is nothing to be found of his Mediation or what Effect it had He staid in France above Three years without doubt to Transact his own Affairs And at his 7 Mat West f. 414. n. 10. A. D. 1289. King Edward punished his Justices for Bribery Return Aug. the 4th he made a Progress through England and punished his Justices that had taken Bribes in his absence perverted Judgment and committed Errors according to the quantity of their Faults Alexander III. King of Scotland died 8 Buchan rer Scot. lib. 7. f. 85. a. n. 10. Printed at Edinburgh A. D. 1582. Alexander K. of Scots dies by a fall off his Horse on the 19th of March 1285 and before himself all his Children died his Daughter Margaret was Married to Eric King of Norwey who by him left one only Daughter named Margaret called the Maid of Norwey Heiress to the Crown of Scotland Alexander thus dead without Issue except this Grandchild and she then in Norwey with her Father there was a Convention of the States of the Kingdom at Scone in which they Treated of creating a new King and settling the State of the Kingdom 9 Ib. lib. 8. in mitio f. 86. a. n. 10. in quo conventu de novo Rege creando Statu Regni componendo ageretur which King 's creation as the Author expresseth it was only providing a Husband for the Maid of Norwey as appears by the following Story where were chosen Six Guardians Six Guardians or Governors of the Kingdom chosen Margaret the Maid of Norwey his Grandchild and Heir or Governors of the Kingdom to Rule it in the Name of Margaret the Maid of Norwey as will presently appear To whom King Edward knowing the Grandchild of his Sister King Alexander's Queen the only Child of the King of Norwey and sole Survivor of Alexander's Posterity to be the Lawful Heir of the Kingdom of Scotland sent Messengers thither to require her for a Wife for his Son 1 Ibm. n. 20. A Match propounded between her and Edw. II. Edwardus Anglorum Rex gnarus suae sororis neptem Regis Norwegiae filiam unam ex Alexandri posteris esse superstitent eandemque Regni Scotorum legitimam haeredem legatos ad eam deposcendam filio suo uxorem in Scotiam Misit To
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias Bâ—llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
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
intent upon this Business 5 Ibm. The King of Scots Confederates with the K. of France he had certain Information That the King of Scots with his Prelates Earls Barons and other Noblemen Communities of Cities and Towns and others of the Chief Inhabitants of the Kingdom had made a Confederacy and League with the King of France against him Sealed with both their Seals and Counter-changed 6 Ibm. For Dispatch whereof the King of Scots at the Instance of his Bishops Earls c. sent four Procurators or Commissioners William Bishop of St. Andrews Matthew Bishop of Dunkeld John de Soules and Ingram de Vmfreville the Sum of the League was First That Edward King John's Son should Marry the Daughter The Articles of the Confederacy of Charles of Valois Earl of Anjou the King of France his Brother Secondly That the King of Scotland in the present War should assist the King of France against the King of England and all Confederates as well by Sea as Land against the Emperor of Germany and others Thirdly That he should at his own Charges make War against the King of England when he was Employed in or Diverted by War in other Places Fourthly That as well the Earls 6 Ibm. Barons Prelates and other Noblemen as far as of right they might and also the Communities of ths Kingdom of Scotland should as soon as they could send him their Letters-Patents under their Seals of their Consent to these Things Fifthly That if the King of England Invaded Scotland the King of France was to make War upon him in other Parts to divert him or if required to send Forces into Scotland at his own Charges until they came there Sixthly That if the King of England went out of his Kingdom or sent many Forces abroad the Commissioners promised that especially in this Case the King of Scotland should enter England with his whole Power as far as he could making War in the Field besieging Towns wasting the Countries and by all possible ways Destroying England Sevently That they should not make Peace on either side without the Consent of the other The League it self and the Procuratory-Letters are to be found in this Record and in Hen. de Knighton Col. 2473. Toward the 7 Ibm. King Edward goes to Newcastle time appointed the King of England prepared for his Journey to Newcastle and sent before him the Abbots of Newminster and Wellebeck to the King of Scots to give him notice of the Adjornment and time of his coming by whom he also Demanded certain Castles in the Marches to be Delivered to him for his own and Subjects security from the present Dangers which when past he should Receive again and that he might so Receive them without Difficulty he sent by the Abbots his Obligatory-Letters for the Performance of his Promise On the First of 8 Ibm. The King of Scots came not March 1296 and the 24th of his Reign the King was at Newcastle and staid there many Days Expecting the King of Scots he came not the King of England moved nearer Scotland to Banburgh and War where he also Summoned and Expected him for some time yet he neither came nor sent to Excuse himself but Returned the Homage and Fealty for himself and all others of the Kingdom to King Edward and Defied him by the After a second Summons he Defies him Following Instrument or Writing TO the 9 9 Ibm. Hen. de Knighton Col. 2477. The Instrument by which he returned King Edward his Homage and Defied him Magnificent Prince Edward by the Grace of GOD King of England John by the same Grace King of Scotland Whereas you and others of your Kingdom you not being Ignorant or having cause of Ignorance by your violent Power have Notoriously and Frequently done grievous and intolerable Injuries Contempts Grievances and strange Damages against us the Liberties of our Kingdom and against God and Justice Citing us at your pleasure upon every slight Suggestion out of our Kingdom unduly Vexing us seising our Castles Lands and Possessions in your Kingdom unjustly and for no fault of ours taking the Goods of our Subjects as well by Sea as Land and carrying them into your Kingdom Killing our Merchants and others of our Kingdom carrying away our Subjects and Imprisoning them For the Reformation of which things we sent our Messengers to you which remain not only unredressed but there is every Day an addition of worse things to them For now you are come with a great Army upon the Borders for the Disinheriting us and the Inhabitants of our Kingdom and proceeding have inhumanely committed Slaughter Burnings and violent Invasions as well by Sea as Land We not being able to sustain the said Injuries Grievances and Damages any longer nor to remain in your Fealty or Homage extorted by your violent Oppression we Restore them to you for our Self and all the Inhabitants of our Kingdom as well for the Lands we hold of you in your Kingdom as for your pretended Government over us 1 Ibm. Knighton says this Letter was without Date 2 Walsingham 1 Ib. 2. f. 66 n. 20. says it was sent about the beginning of April when the Guardian and Lector of the Frior Minors of Roxburgh brought it to the King Before this Restitution of Homage and Fealty the Scots sent 3 Knighton ut supra col 2477. n. 20. to Rome to have Absolution from their Oaths and Homage and upon false Suggestions made to Pope Celestin they were absolved by his Bull. Deinde Scoti miserunt ad Curiam Romanam pro absolutione habendâ de Juramento suo praestito Regi Angliae de Homagio suo illi facto per falsam suggestionem factam Celestino Papae sunt absoluti per Bullam Papalem This is a true Abstract of the 4 In fine Rotuli Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Chamberlains of the Exchequer in the 3d Treasury at Westminster in a long Painted Box in a great Wooden Chest the Original Roll or Record of the Superiority of the Kings of England over the Kingdom of Scotland and of the Homages and Fealties of the King and Kingdom of Scotland in the 19th 20th 21st 22d 23d of Edward the First A. D. 1291 1292 1293 1294 1295 containing 34 Membranes or Skins of Parchment drawn up by Andrew sometimes Clerk to William de Tang and Publick Notary by the Popes Authority who was present with the Witnesses to every Act who were the best Men of both Kingdoms heard and saw the things done and signed every Membrane with his usual Mark or Sign now remaining in the Tower of London and Printed at large from the Roll in Mr. Pryn's Second Volume of the History of King John Henry III. and Edward I. Not known to any of our Historians and therefore the Truth of these Transactions not understood which makes a considerable part of the History of his Reign And this Record
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
Summoned by our Lord the King of England or his Heirs and we shall not know of any Damage done to them but we will hinder it to the utmost of our Power and shall Discover it to them And for the performance of this we bind us and our Heirs and all our Goods and further have Sworn it upon the Holy Gospels In Witness whereof we have caused these Letters Patents to be made and sealed with our Seal Given at Roxburgh the 13th day of May in the 24th year of the Reign of our Lord the King of England All the Bishops and other Ecclesiastick Prelates Abbats and The same Submission and Renunciation of the whole Kingdom of Scotland Convents Priors Friers Parsons Vicars Abbesses Nuns Earls Barons Knights Citizens Burgesses Aldermen Communalties of Cities and Burghs and other Commoners or Inhabitants in Scotland Recorded and Named in four 5 Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title De Juramentis homagii fidelitatis Edwardo Regi Angliae nominatim praestitis per unamquamque individuam personam Regni Scotiae Of the Oaths of Homage and Fealty made to Edward King of England by every individual Person of the Kingdom of Scotland by Name made the same Submission Renuntiation and Oath at several Places and several Times and made their Letters Patents of it especially in the Parlement holden 6 Ib. Pecia 20 21 c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary or 22d of August in the year from the Nativity of our Lord 1296 by the Consent of the Noblemen and Prelates of both Kingdoms These Rolls were not delivered unto the Kings Keeper of his Rolls 7 Claus 34. Ed. 1. Dors 91 until the 34th of his Reign and they were drawn up by the same Notary Andrew before-mentioned who was present heard and saw what was done as 't is Recorded at the end of the Roll Pecia 35 And the same Instrument of Homage and Fealty with the Chamberlains of the Exchequer in the 3d Treasury at Westminster with other Things and Instruments in small Boxes in great Wooden Chests This done 9 Walsingh f. 68. n. 10. n. 30 40. King Edward appoints a Governor of Scotland and other Officers there He sends John Baliol to the Tower c. King Edward caused the Stone used by the Kings of Scotland as a Throne to be brought to Westminster appointed John Warren Earl of Surrey and Sussex Governor of Scotland Hugh de Cressingham Treasurer and William Ormesby Justitiary sent King John Baliol to the Tower of London where he was decently attended and the Noblemen of Scotland which he brought into England were forbidden to pass the River Trent under forfeiture of their Heads From Scotland we are to return to England and France where we find the Peace between them which had continued for some time broken The Quarrel at first began between the 1 Mat. West f. 419 420 421 c. Walsingham f. 57. n. 50. c. A. D. 1291 1292 1293 1294 c. Peace broken between France and England English and French Seamen who plundered one anothers Ships and seised them where-ever they met at Sea or in Harbour from single Ships they brought Fleet against Fleet each side complained to their Kings and Satisfaction was demanded on both sides Several Endeavours were used to Compose these Differences the Two Queens of France Consort and Dowager mediated a Peace and were forward in it The Pope sent Two Cardinals to the Two Kings to the same purpose divers Means were contrived for Satisfaction on both parts but none took effect The King of England offered an Interview or a Reference to Commissioners to end all Controversies and adjust the Losses and Damages of the Subjects of both Nations but neither was accepted The King of France charged him That The Charge against King Edward his Subjects and Merchants were Robbed spoiled of their Goods and imprisoned by his Consent and also with Contempt and Rebellion in denying his Superiority and Dominion in Aquitain For which he peremptorily 2 Mat. West f. 419. n. 40. the Writ or Citation it self which is very long He is Cited to appear at Paris And upon non-appearance adjudged to have forfeited his Lands in France cited him to appear at Paris Twenty days after Christmas-Day to answer what should be objected against him to stand to the Law and hear Judgment King Edward neglected the Citation or Summons and was by the Vniversal Sentence of the Peers adjudged to have forfeited all his Lands in France and the Constable was sent with an Army to take possession of that Dukedom Upon this seising of Gascony King Edward 3 Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parlement after Whitsunday next following in which it was Resolved to Recover Aquitain or Gascony by Force and Arms whereupon * Ib. n. 50. he sent the Arch-Bishop of Dublin and the Bishop of Durham with other Great Men to the Emperor of Germany called then King of Almain to make an Alliance with him against France and for 100000 l. Sterling paid unto him a good Sum in those days the King and Emperor became acquainted who were scarce known to one another before all Difficulties between them were overcome and great Things were expected from this Alliance The King intending to pass into France with an Army was detained at Portsmouth by * Ibm. f. 422. n. 10. contrary Winds from Midsummer-day to the Exaltation of Holy Cross i. e. the 14th of September On the Vigil of St. Mathew the Apostle he called another 4 Ib. f. 422. n. 30. Parlement or happily this might be the same wherein to support the War the Clergy granted a Moyety of their Benefices and Goods at three Payments whereof the first to be at the Feast of All-Saints next coming the second Fifteen days after Easter and the third Fifteen days after Midsummer the Writ appointing the Collectors in the Diocese of Canterbury bears Date Septemb. 30 and is to be found amongst the Records of Trinity-Term 22 Ed. I. Rot. 68 with the King's Remembrancer in the Exchequer On the 5 Claus 22. Ed. I. M. 6. Do s A Tenth granted by the Laity the first day of the Parlement Morrow after St. Martin or the 12th of November next following the Earls Barons Knights c. gave a Tenth part of their Goods on this very first day of the Parlement and the Commissions to the 6 Pat. 22. Ed. I. M. 2. in cedula The Citizens c. pay a Sixth part Taxors and Collectors of it are Dated the same day The Citizens Burgesses and Tenents of the King's Demeasns paid a sixth part of their Goods but not granted in Parlement there were Commissioners sent unto every City Burgh and Town of his Demeasns 7 Inter Recorda 23 Ed. I. n. vel
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
Grey Justiciary of Chester to give notice to all those in their several Bailiwicks or Counties that had 20 l. per Annum or above as well within Liberties as without whether they held of him in Capite or not to provide themselves with Horse and Arms and to be ready to go with his own Person for the Defence of themselves and whole Kingdom whensoever he should send for them Witness the King at Plympton the 5th day of May in the 25th of his Reign On the 15th of May for the Dangers and Perils that might happen to him and his Kingdom by the Treachery of his Enemies reciting the former Warrant and having appointed the time of his passage beyond Sea he 2 Append. n. 27. Of whomsoever they hold to pass with his Body beyond Sea commanded all the Sheriffs of England and Reginald de Grey to summon all that had 20 l. per Annum of whomsoever they should hold the same to be with him at London provided with Horse and Arms as they ought to be on Sunday next after the Octaves or Eight days after St. John Baptist to pass with his Body beyond Sea to the Honour of God of himself and their selves for the safety and common Profit of the Kingdom Witness the King at Loders in Dorsetshire the 15th of May in the 25th of his Reign At the same time he sent his 3 Ibm. He summons his whole Military Service to go with him Warrants to the same Persons to summon the Arch-Bishops Bishops Abbats Priors and other Ecclesiastick Persons and also Widows and other Women within their Counties that held of him in Capite by Military Service or Serjanty or of Wards in his Hand or Tuition to be at the same time and place with their whole Service of Horse and Arms to pass with his Body c. Witness as above Then also he wrote 4 Ibm. And writes to all the Earls Barons and Bishops particularly to be ready to Edmund Earl of Cornwall reciting his first Writ c. to be ready with Horse and Arms at the same time and place to pass with his Body c. Witness as above In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England To Humfry Bohun Earl of Hereford and Essex Constable of England To William Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel Robert de Ver Earl of Oxford John de Warena Earl of Surry Gilbert de Hunfranvil Earl of Anegos and 122 Barons and great Men there named And after the same manner he wrote to all the Bishops particularly On the 24th of this month the King wrote 5 Ibm. n. 28. again to all the Sheriffs of England and Reginald de Grey Justiciary of Chester to The Sheriffs to certifie all that had 20 l. per Annum in their Counties Execute his former Writ of Summons and to certifie under their Seals the Names of all such as had 20 l. per Annum or above of whomsoever they held it in their Bailiwicks or Counties Witness the King at Portsmouth the 24th of May in the 25th of his Reign While the King was thus preparing for his Voyage 6 Walsingh f. 70. N. 10 20 30 40. The Scots arm under William Waleys their Leader Kill the English the Scots by the Instigation of William Waleys whom they chose their Leader in this Month of May upon the King 's Justitiary William de Ormesby's Banishing many of them that refused to do Homage and Fealty to King Edward armed themselves and Killed all the English they met with practising strange Cruelties upon them which he having notice of laying to Heart the Affliction of his Friends in Flanders for want of his Assistance directed The Earl of Surry sent to Suppressthem He sent Henry de Percy William Waren Earl of Surrey with the Militia beyond Trent to march into Scotland to suppress this Insurrection The Earl raising an Army in the North Parts sent his Nephew Henry de Percy with it into Scotland who marching toward the Scots found the Heads of them the Bishop of Glascow the Steward of Scotland Andrew de Mornia and William Walleys inclineable to Peace upon Condition of the Safety of their Lives and Limbs Lands and Goods so as all things might be Pardoned to that time Henry Who accepts from them Terms of Peace de Percy admitted the Peace upon promise of Hostages and Articles in Writing if it should please the King who made acquainted with the Terms Consented to it that his Voyage might not be hindered When the Earl of Surrey went into Scotland to see the Performance of these things the Scots shifted from time to time delaying to deliver Hostages whereupon the Bishop of Glascow and William Douglas lest they might be thought Traytors yielded themselves the Bishop was secured in Roxburgh Castle and Douglas in Berwick In order to the King's Voyage into Flanders as hath been noted before the Militia was Summoned to meet at London on the Sunday after the Octaves of St. John Baptist which are July the First Mat. Westminster 7 Fol. 430. N. 20 30 40. A. D. 1297. The Earls of Norfolk and Hereford Constable and Marshal refuse to do their Duty and Service says They were summoned to meet on the Morrow of the Translation of Thomas the Martyr i. e. Becket which is July the 8th and may agree with the Record if the First of July that year fell on a Sunday when the Earls of Norfolk and Hereford the Marshal and Constable being Required by the King Refused to do their Duty and Request him to appoint some other of his Houshold to that Service and retired and on the 25th of July 8 he wrote again to all his Ports to send 8 Claus 25. E. 1. M. 9. Dors their Ships to Winchelsey with what speed they could The King no doubt in hopes of a perfect Reconciliation before he went over Sea 9 Append. N. 16. The King restores to the Archbishop of Canterbury all his Lands and Goods wrote to the Sheriffs of Kent Surrey Middlesex Sussex and Essex upon the earnest Request and Mediation of the Prelates of that Province and out of Special favour to Restore to the Archbishop of Canterbury all his Lay-Fees together with his Oxen Carts or Waggons and all other his Goods and Chattels being upon the same in the state they were then in Witness the King at Westminster July the 11th in the 25th of his Reign And that he might extend his further favour to all the Clergy that had submitted and were reconciled he gave a general Protection to them that had not received it before and 1 Ibm. N. 30. He grants a General Protection to all the Clergy wrote to the Sheriffs of London and others at the Request and Prayer of the Archbishop of Canterbury and other Bishops and Prelates of his Kingdom Supplicating him in behalf of the Clergy That they should Maintain Protect
they should ask them if they would avow the Letter sent and the Words contained in it which they did and the King being acquainted with it advising with his Council put in the Place of the Earl of Hereford Constable Monsieur Thomas de Berkeley and in the Place of the Earl-Marshal Monsieur Geofrey de Geneville as they desired whereupon they withdrew themselves from the King and Court and soon after the Archbishop of Canterbury and many other Bishops came to the King beseeching him they might speak with the Earls which the King Granted they sent to them to know where they might come to speak with them they let them know by Letters they should be at Waltham the Friday on the Morrow of St. James They went thither the Earls came not but sent Monsieur Robert Fitz-Roger and Monsieur John de Segrave Knights who said the Earls could not then come for some Reasons On Sunday following the Bishops and two Knights came to the King at St. Albans and at their Requests the Knights had Letters of safe Conduct given them for the Earls to come to stay with and return from the King yet they never came and now 't is given out the Earls offered to the King certain Articles for the common Profit of the People and that he utterly refused them of which the King knows nothing for they never propounded or caused to be propounded any thing to him nor doth he know why they are retired amongst which Articles 't is reported there were certain Grievances which the King understands well as the Aids which he often demanded of the People by reason of his Wars in Gascony Wales Scotland and other where which could not be Maintain'd or his Kingdom Defended without the Assistance of his People of which he thinks often that he should so much grieve and burthen them and prays they would have him Excused and if it please GOD he returns from this Voyage he would have all Men know That according to his great Desire according to the Will of GOD and to the Satisfaction of his People he will amend all things whatever where he ought And if he doth not return he will order his Heir to do it as well as if he had Returned for he knows well that no Man is so much bound to the Kingdom or to love the People as he himself On the other side there is great necessity of his going to assist his Ally the Earl of Flanders and his Passage is so hasty for the Peril his Friends beyond Sea are in which if he should lose the Kingdom might be in great Danger And therefore they should have the Confirmation of the great Charter of the Liberties of England and of the Charter of the Forest if they would Grant him an Aid or Gift such as was Necessary for him at this time and the rather for that upon his going over a lasting Peace might ensue and if he had Refused Articles or any thing else in Hatred and Destruction of his People contrary to the Common Profit of the Realm or that he hath done otherwise against the Earls then is here said he desires no Man to believe him for these are the true Proceedings and the very Truth of things to this time Afterwards he put them in mind what Dangers and Wars may arise from Rumours Stories and Reports raised between the King and his People c. concluding his Declaration That all his good People would pray That his Voyage might have a good End to the Honour of GOD of himself of them and his Kingdom and that a Durable Peace might follow Given at Odymere near Winchelsey the 12th day of August in the 25th of his Reign The King being informed there were Excommunications ready to be Pronounced and Published against his Officers c. sent a Prohibition 4 Append. N. 32. to the Archbishop and all other Bishops to forbear it The King to the Venerable Father in Christ Robert c. The K. forbids the Bishops to publish Sentence of Excommunication against his Officers c. Whereas we have been forced by inevitable Necessity for the Defence of our Kingdom and Hereditary Right invaded by the King of France and other Enemies and for the Preservation and Safety of the English Church and of the Persons of Ecclesiastics and others we have taken from them Grain and other Goods and the same necessity yet compels us to do the like for which Corn and Goods we are resolved to make full Satisfaction and now we understand that you intend to promulge and cause to be published Sentence of Excommunication against our Officers that took them by our Command which if you should do it would manifestly redound to the great and immeasurable Michief of our Crown and Dignity the Scandal of the People and as it may happen the Consequence of it may prove the Destruction of the Church and Subversion of the whole Kingdom We forbid you upon Observation of the Oath of Fidelity by which you are bound to us and upon forfeiture of all you hold of us to publish any such Sentence against our Officers Clercs or Laics or to do any Injury to them especially when we are ready to make Satisfaction Witness the King at Winchelsey the 19th Day of August in the 25th of his Reign King Edward being so far engaged to assist the Earl of Flanders in Person as he could not recede from his Promise and resolved beyond persuasion to do it with what speed he could the Earl now much pressed by the King of France having lost some Towns and being in fear of the Revolt of his People 5 Walsingh Hist Angl f 71. N. 30 40 50. f 72. N 10 20. while he was thus at Winchelsey or Odymer with all possible Expedition providing for his Passage the Earls sent him the following Petitions of his Kingdom in Writing and with this Title These are the Injuries and Grievances which the Archbishops Bishops The Grievances of the whole Kingdom presented to the King Abbots Priors Earls and Barons and the whole Community of the Land do shew unto our Lord the King Humbly beseeching him That for his own Honour and the Safety of his People he would correct and amend them First It seemeth to the Community of the Land That the Summons sent them by the King 's Writ was not sufficient because the Place whither they were to go was not named for according to that they were to prepare themselves and make Provision of Money Secondly Whether they ought to perform Service or not because 't is said in general words the King would pass over into Flanders It seems to the Community that there they ought to do no Service because neither they nor their Predecessors or Progenitors ever performed their Service in that Land And tho' it was so that they ought to do it yet they were not able being so oppressed with Tallages Aids and Takings or Prizes as of Wheat Oates
and our Statute-Books goes by the Title of Confirmatione Chartarum was Sealed and Dated the 10th of October and is to be found upon the Statute Roll 25 Ed. 1. M. 38. with this Memorandum at the End of it that this very Charter or Confirmation The Confirmation of them Sealed in Flanders word for word was Sealed in Flanders with the King 's Great Seal at Gaunt the 5th Day of November in the 25th year of his Reign and sent into England a sure Sign Sir Edward Coke never saw the Original of this nor of the Statute de Tallagio non Concedendo who placeth them in the 34th of this King On the 8 Append. N. 34. The Earl-Marshal the Constable and Lord Ferrers Pardoned and by what Mediation Statute-Roll there is a Destinal Pardon for the two Earls the Lord Ferrers c. somewhat differing from that in the Printed Statutes Dated at Gaunt on the same Day procured at the special Prayer and Request of his Son Prince Edward his Lieutenant in England William Bishop of Ely William Bishop of Bath and Wells Richard Bishop of London Walter Bishop of Litchfield and Coventry Henry Elect of York Edmund Earl of Cornwall John Warren Earl of Surrey and Sussex William Beauchamp Earl of Warwick and the others of his Council with his Son in England 9 Registrum Winchelsey in Doctors-Commons fol. 227. a. b. and 228. a. b. This Pardon had been doubly granted before by the Prince and by his Council in two Instruments or as they are called Letters-Pattents one of the Prince the other of his Council Dated October 10. and Sealed with their own Seals because the Great Seal of England was with the King At the same time also they Vndertook and Bound themselves to secure them from any Dammage which might happen to them from the King and procure them this very Pardon Things thus compos'd in England there was a Truce or as 't is A Truce between the two Kings and their Allies for a short time called in the Instrument it self A 1 See Bundle of Writs of Privy-Seal in the Tower And Pryns Hist Ed. 1. f. 757. Sufferance or Forbearing all Acts of Hostility by Sea and Land between the King of England and his Allies on the one Part and the King of France and his Allies on the other until the Feast of Epiphany for the Duchy of Aquitain and for the Earldom of Flanders and all other Parts until the Octaves of St. Andrew or the 7th of December Dated on the Feast of St. Denis that is October 9th in the Year of Grace 1297. in which there are the Names of the English Confederates That is to say the King of Almayn or Emperor the Earl of Flanders the Earl of Savoy the Earl of Bar the Duke The King of England's Allies or Confederates of Brabant the Earl of Holland the Earl of Montbeliard John de Cholon Seigneur Darly John de Burgonig John Lord of Moamtfancon Walter his Brother the Lord of Newcastle the Lord Dosselier the Lord of Fanconby the Lord of Jour the Lord of Conkendary Simon de Montbeliard Lord of Montron Stephen Doissler Lord of New-Town de Ville Neove and many others of Burgoinge Almaigne Brabant Holland Gascoinge and Arragon and others of which the Names were not known And by this Sufferance all Trade or Commerce was to be Exercised as at other times This was inclosed in Letters 2 Ibm. and Pryns Hist f. 758. The Truce sent into England under Privy-Seal dated at Gaunt the 15th of October in the 25th of his Reign and sent to his Son enjoyning him to see it kept in all points through the Realm and 3 Claus 25 Ed. 1. M. 26. Dors in cedula to that purpose on the 20th of October he sent it to all Ports in England to be Proclaimed and strictly Observed in all its Articles On the next Day setting forth that the Scots despising their The Scots despise their Oaths of Homage and Fealty Oatbs of Homage and Fealty and not content to have Broken the Peace before to have Killed his Subjects and done many other great Mischiefs 4 Ibm. They enter England burn and waste all before them The King summons the Service of Earls Barons c. to suppress them had then Entered England Burning and Wasting the Country slaying his People and destroying all before them sent his Summons to 200 Earls Barons Knights Abbats and others to be ready at Newcastle upon Tine on St. Nicholas-Day or 6th of December with their Service of Horse and Arms to go with his Son against the Scots to suppress their Rebellion and defend his own Kingdom By Commissioners on both sides the Sufferance or forberance of Hostility was prolonged and continued until Lent then next coming the 5 Bundle of Writs Pryn ut supra f. 756 757. The Truce between the Two Kings prolonged Instrument whereof was sealed with their Seals and dated at Grolingues Abby near Courtray in Flanders Nov. 23. 1297. In this Instrument also are contained the Names of King Edward's Confederates as before In the 24th of this 6 Walsingh Hist f. 64. 1. 5 c. n. 10. King in the year 1296 the Cardinals of Albanum and Praeneste had been sent by the Pope first into France then into England whether they came about Whitsuntide to make Peace between the Two Kings and expected the Two Cardinals sent to persuade Peace or make a Truce for two years King's coming out of Wales until the first of August when they delivered their Message and persuaded to Peace or a Truce for Two years The King answered he could agree to neither without the Consent of the King of the Romans by reason of the League between them confirmed by Oath They Request the King to obtain his Consent which in Reverence to the Court of Rome he granted and they returned into France The King as they desired 7 Bundle of Letters and Writs in Jurie London 24 25 Ed. I. and Pryn Hist Ed. I. from fol. 748 â—0 fol. 764. wrote to the King of Almaign or Romans to send his Commissioners to Cambray to the Cardinals with Power before them to Treat of and Conclude a Truce Honourable and Beneficial for them both Many Commissions were granted and Commissioners 8 Ibm. Aâ— ways propounded for a Peace or Truce prove ineffectual appointed on both sides at several times and References made to the Pope But when all these Ways proved ineffectual the Pope by his own Authority took upon him to denounce and declare a Truce for Two years under pain of Excommunication to such as should not submit to it 9 Walsingh ut supra f. 69. n. 50. The Pope by his own Authority declares a Truce for two years This the Cardinals published without success as appears by their Letter or Manifesto published for the knowledge of all People in which are contained the Minutes or Heads of
no share of his it happened that in an Assembly they had at Prague for the Coronation of King Wincheslaus they easily suffered themselves to be persuaded the Pope was consenting to the Deposition of Adolphus as being useless to the Empire and in effect the Cabal was so strong that they Deposed him and Elected Albert Duke of Austria The Two Competitors came to Blows about it near Spire the 2d of July Adolph fighting valiantly but betrayed or at least forsaken by his Men there lost his Life The Abbat of Vrsperg an old German Writer of this time says thus 7 Paralip fol. 341. Printed at Basil 1559. The occasion of his being Deposed Whereas there was great confusion in the Empire and there was necessity to have a more powerful Emperor the Electors met at Ments and Deposed him for when Adolph had received 75000 Marks to assist the King of England against the King of France he kept it all to himself and divided none amongst the German Princes he could neither raise Soldiers nor help the English This Charge in the Empire and the Embroilment of his Affairs at home caused King Edward to accept the Popes Mediation as above The King before this time had summoned the 8 Cl. 26 Ed. I. M. 5. Doâ—s Militia of the Nation to meet him at Carlisle on Whitsun-Eve with their Horse and Arms to go against the Scots whose Power was now The King summons the Militia of the Nation against the Scots formidable and their Forces numerous yet on the 10th of April 9 Ibm. M. 12. Cedula Dors A Parlement or great Council summoned he summoned the Earls and Barons Two Knights of every Shire Two Citizens of every City and Two Burgesses of every Burgh to meet and Treat with him about certain Matters that concerned him and the whole Kingdom 1 Walsingh f. 75 n 20. The Charters Reconfirmed Here the Constable and Marshall demanded that because the Charters had been confirmed beyond Sea for the greater security they might be confirmed again The Bishop of Durham the Earls of Surrey Warwick and Glocester promised the King should do it upon his Return with Victory The King then commanded his Army to be ready at Roxburg upon Tweed on the Feast of St. John Baptist The King going aside to Visit St. John of Beverly found his Army at the time and place appointed 2 Ib. n. 30 40 50. and f. 76. n. 10. The Scots beaten at Falkirk He marched on into Scotland The Scots meet him with a mighty Army under the Conduct of Waleys On St. Mary Magdalen's Day or 22d of July both Armies drew up in a large Field near Falkirk upon the Signal given by the King the English boldly attacked the Scots their Horse soon gave ground the English pursuing and killing great numbers my Author says Sixty thousand Waleys and the Great Men of Scotland fled into the Woods After some stay in Scotland where he used some severity The King returns into England in his Return at Carlisle he gave the Constable and Marshall Leave to go home and stayed himself in the North Parts until after Christmas when he returned into the South and in 3 Cl. 27. Ed. I. M. 18. Dors Summons a Parlement February summoned a Parlement to meet on the first Sunday in Lent 4 Walsingh f. 76. n. 20. The Pope's Award read in it where was Read the Pope's Instrument of Award between the Two Kings which is long but the Effect thereof was 5 This Instrument is Intituled Pronuntiatio Bonifacii in Jurie London 25 Ed. I Pryns Ed. I. f. 758. The Articles of his Award as Benedict Caietan not as Pope That whereas they by their special Messengers and Proctors had compromitted into him as a Private Person and Benedict Caietan and as an Amicable Composer and Arbiter of all Wars Controversies Differences and Causes whatever moved between them He did Award and Pronounce 1. That there should be a firm and stable Peace between the Two Kings 2. That the voluntary forbearing of Hostility and the Truce lately made and confirmed between the Two Kings c. should be inviolably observed 3. That the King of England should Marry Margaret the King of France his Sister and Endow her with 15000 l. Turnois i. e. 3750 l. Sterling per Annum 4. That Isabel the Daughter of the King of France not then 7 years old should at convenient time be Married to Edward the King of England's Son then 13 years of Age with the Dower of 18000 l. Turnois per Annum 5. That all Goods on either side Ships especially taken before the War and then not imbeziled or destroyed should be restored and if destroyed and not to be found then either King to make Satisfaction at the Request of each other 6. That all the Lands Vassels and Goods which the King of England had in France before the War which he may have restored to him by virtue of this Compromise he should have and enjoy under such Conditions and Security as shall be awarded 7. That all the Lands Vassals and Goods which the King of France was then possessed of that were the King of England's before the War and those the King of England was then possessed of should be put into the Hands and Possession of the Pope and so to remain until the Kings themselves agreed about them or he should order what was therein to be done without prejudice to the Lands Vassals and Goods or the King 's as to the Possession Detention or Propriety of them This Pronunciation or Award was Dated at the Pope's Palace in Rome on the 20th of June 1298. 26th of Edw. I. A. D. 1298. To which Award when it was read in Parlement all the Clergy and Laity gave their Consent 6 Mat. West f. 431. n. 50. The whole Parlement confirm the Pope's Award Cui assensum praebuit Plebs omnis Clerus This done the 7 Ibm. The Charters confirmed The King refused to confirm the Disforesting Earls Barons and Prelates demanded the Confirmation of the Charter of Liberties and of the Forest with the Deforestation then made He confirmed the Charters but refused to confirm the Deforestation or parting with so much Land out of his Forests as they demanded Walsingham 8 Fol. 76. n. 40. Reports That in this Parlement the King being desired to confirm the Charters as he had promised in Scotland after some delay consented with a Salvo jure Coronae saving the Rights of his Crown which the Earls hearing returned home but calling another 9 Claus 27 Ed. I. M. 18. Dors Writ dated Apr. 10. Parlement to meet 15 days after Easter he granted what they desired The Execution of the Pope's Award was delayed neither of the Kings being forward to deliver their Possessions c. in Gascoign into his Hands but being resolved to make Peace if he could 1 Rot. Aâ—â—m 27 Ed. I. M. 11. intus
he sent the Bishop of Vicenza to the King of France before whom and with the Consent of the King of England's Commissioners it was Agreed That both the Kings should perform that Article and King Edward Authorized several Commissioners The King of England performs the 7th Article of the Pope's Award to deliver the Possession of his Lands Vassals and Goods into the hands of the Bishop who was to receive them in the Name of the Pope as a Private Person and Benedict Gaitan This Instrument bears Date at Westminster April 22. 1299 the 27th of Ed. I. In May following Prince Edward 2 Ibm. Prince Edward Contracted to Isabel the King of France his Daughter made the Earl of Lincoln his Proxy to Contract the Espousals with Isabel the King of France his Daughter While the Bishop of Vicenza was in France he sollicited the Release of John Baliol King of Scots by the King of France his Mediation to the Pope to give it in Charge to the Bishop his Legate who obtained it 3 Append. n. 36 and Pryn's Ed. I. f. 797. A. D. 1299. 27. Ed â— and he was delivered to him at Whitsand in France by Robert de Bourghersh Kt. Constable of Dover Castle the King's Proxy upon Saturday before St. Mary Magdalen's Day or 22d of July upon Condition That the Pope might Direct and King John Baliol delivered to the Pope's Proxy Order what he pleased only as to his Person and the Estate he had in England as King Edward might have done if he had been personally with him in England saving to him and his Heirs Kings of England the Kingdom of Scotland the Men and Inhabitants and all the Appurtenances to that Kingdom It being there Read and Rehearsed before his Delivery and in his own presence and the presence of the Bishop of Vicenza That he had committed many Inhuman Trespasses and Treasons against his Sovereign Prince King Edward contrary to his Homage and Fealty c. And that the Pope should not Qrdain or Direct any thing in the Kingdom of Scotland concerning the Men or Inhabitants or Appurtenances of the same Kingdom for John Baliol or his Heirs which are or may be or any other Cause whatsoever And upon these Terms the Bishop in Name and Stead of the Pope received him from the King's Proxy on the said Saturday before the Feast of St. Margaret A. D. 1299. and 27th of Ed. I. Certainly at this time the Pope understood not that Scotland was his Fee as he claimed it two years after It may be supposed that King John Baliol was willing to go any His Character of the Scots whither rather than into his own Country he having voluntarily and of his own accord without the privity of King Edward by an 4 Append. n. 37. and Pryns Ed. I. f. 665. Instrument drawn by a Publick Notary the year before Renounced Scotland and Resolved never to come there more or have to do with it because he had found such Malice Fraud Treason and Deceit in the Scots that they had designed to poyson him This year 5 Mat. West f. 431. n. 50. died Two very great Men Humfry de Bohun Earl of Essex and Hertfordshire and Constable of England and William Beauchamp Earl of Warwick The Scots were this year Troublesome and the King had summoned the Militia of the Kingdom 6 Brevia Regis in Jurie Lond. 27 Ed. I. and Pryns Ed. I. f. 809. The King summons the Militia to go with him into Scotland The Pope sends a Nuncio to compleat his Award to meet him at Carlisle on the Vigil of Pentecost to go with him into Scotland upon his own Wages against his Enemies and to settle such English as he had there given Lands unto in them in the mean time he received a Message from the Pope that he was sending his Nuncio to Mounstreuit in Picardy where should be a Treaty to end all Differences in pursuance of his former Award This Message was communicated to the Arch-Bishop of Canterbury other Bishops Earls and Barons who advised him to remain in the South while this Treaty was over by reason of Debates that might happen in it which might require speedy Advice and Resolution and therefore wrote to all the Sheriffs of England to make Proclamation the Militia should not meet at Carlisle until the first of August Given at Stabenheth the 7th of May 27th of Ed. I. A. D. 1299. 27 Ed. I. Many of the Nobility and People not being satisfied or seemed not to be so that the Perambulations and setting out the Bounds of the Forests were not done so speedily as they desired the King sent 7 Brevia ib. Pryn f. 810. The People dissatisfied at the delay of the Perambulations of the Forests Writs to the Sheriffs of all Counties to proclaim and give notice That the Commissioners for these Perambulations should meet at Northampton at Michaelmass next with full power to proceed Special Commissioners appointed to dispatch that Business in that Business without delay Dated at Lewis the 25th of June in the 27th of his Reign But this was not thought sufficient for it was reported and The People yet not satisfied noised abroad that the King intended not to observe Magna Charta or the Charter of the Forest nor would ever suffer the Perambulations to be made and the Bounds of the Forests to be set out and therefore the same day he issued a 8 Ibm. and f. 811. The King issues a Second Proclamation to quiet them further Proclamation to give the Causes and Reasons why the Perambulations c. could not be made sooner and to let the World know he was pressed too hard and not in due manner to do these things and that those who raised these Reports were malicious People and desired to cause Differences between him and his Subjects and to disturb the Peace of the Nation Dated on the same day and at the same place In the beginning of September 9 Walsingh f. 77. n. 10. Mat. Westm f. 432. n. 10 20. A. D 1299. 27th of Ed. I. King Edward Married to Margaret the King of France his Sister Margaret Sister to the King of France was Conducted into England by the Duke of Burgundy and Earl of Britan to whom King Edward was Married on the 12th of this month in the Cathedral of Canterbury by the Arch-Bishop The Wedding was very splendid and much Foreign Nobility attended the Solemnity The King's Expectations were every way great from this Match but it answered them not On the Feast of St. Martin or 11th of November says 1 Fol. 77. n. 30. Walsingham the King held a Parlement at York and from thence went to Berwick intending to proceed further into Scotland to Relieve Sterling Castle then besieged by the Scots but the Noblemen Sterling Castle delivered to the Scots then with the King informing and pressing him the boggy and low Grounds were
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
Abbots The Names of those Scots Commissioners of Cowper and Menros the Earl of Bohghan Monsieur John de Moubray Mons Robert de Keth Mons Adam de Gurdan Mons John de Inchemartin Earl Patrick who was chosen by the Commonalty to be the Tenth came not and therefore by Command of the King Monsieur John de Monteith was assigned in his stead 6 Ibm. The Settlement of Scotland by those Commissioners and 20 English These with Twenty English there named Treated about the Establishment of Scotland and settled the King's Lieutenant or Guardian the Chancellor Chamberlain Judges and Sheriffs all by Name as well of those that were born in Scotland as English They likewise settled the Coroners the Castles and Constables of Castles They also ordered all things concerning the Laws and Vsages of Scotland concerning the Peace and Disturbers of the Peace and concerning the whole Government And the Title to this Record is Ordinatio facta per Dominum Regem super stabilitate Terrae Scotiae The Ordinance made by the King for the Establishment oâ— Scotland King Edward thinking himself safe by this Establishment The King accuseth the Arch-Bishop c. of Treason thought he had now a time to speak with the Arch-Bishop of Canterbury 7 Chron. Will. Thorn c. 2004. n. 50 60 c. and Antiqâ— Eccles Britan. from the Annals of St. Augustins in Canterbury f. 207. n. 10 20. whom he accused of a Confederacy with certain Earls and Noblemen to Dethrone him and keep him in Prison and Crown his Son Edward which when he could not deny being severely rebuked by the King he fell down at his Feet with great howling and much weeping beseeching Pardon calling the King his Lord which he never did before â—n Speech or Writing 8 Ibm in both So this Proud Man hated of God and Men who with his Pride had Blackened the Priesthood and Clergy of all England Sacerdotium Clerum per totam Angliam sua superbia deturpavit and Exercised an unheard of Tyranny over the People now taken by the King in his own Wickedness conscious of it and affrighted with the fear of Punishment as he lay prostrate on the Ground before the King committed himself and his Goods to his Mercy The King 9 Rot. Rom. 34 Ed. I. M. 10. Walsingh f. 91. n. 50. Mat. Wâ—stm f. 454. n. 10. A. D. 1306. The King prosecutes him before the Pope who suspends him c. Complains of him to the Pope and prosecutes him before him for disturbing the Peace of the Kingdom and causing often Commotions in it defending and incouraging Rebels and intending to Disinherit him for which Crimes at the Instance of the King he was cited by the Pope to his Court and was there suspended from the Execution of his Office ab executione officii sui temporalium atque spiritualium administratione suspensus est whilst he should purge himself of what was objected to him by the King Upon this Suspension the 1 Rot. Rom. 34 Ed. I. M. 5. n. 9. Pope deputed certain Persons to administer the Spiritualities and Temporalities of the Archbishoprick and receive the Profits to his Use As to the last the King 2 Ibm. The same Letter dated at Brudele in Marchiâ— Scotiae Sept. 7. The King would not permit the Pope to re-appoint Receivers of his Temporalities during the Suspension of the Arch-Bishop wrote to him it was to the manifest prejudice of his Crown and Dignity and therefore he had caused them to be seised as he might lawfully and was bound to do by his Royal Right and according to the Custom of the Kingdom Yet tho' the Profits of the Temporalities belonged to the Crown during the Suspension for the particular Affection he had to his Person he was willing and granted that the Guardian thereof should pay them to such as he should assign to receive them Not long after the last Parlement and the Establishment of Scotland made therein and agreed unto by the Scots Commissioners the King made these his Letters Patents according to the former Covenants and Agreements made between Richard Earl of Vlster Aymer de Valence Henry de Percy John Benstede and John Comyn c. in February preceding EDward by the Grace of God King of England Lord of Ireland Râ—yley's Placita Parliam f. 366. Letters Patents for the Establishment of Scotland and Duke of Aquitain to all those that shall see or hear these Letters Greeting For the perpetual Memory of things under-written we let you understand That the People of Scotland after they were in our Homage and Ligeance and bound to us by Oath of Fealty and by their Charts or Writings as strongly as we or our Councel knew how â—â— order and direct by evil Counsel rose and made War against us committing Robberies Burnings Murders Felonies and many other Evils and Mischiefs according to their Power in Scotland and in England contrary to their Homages Fealties and Ligeances aforesaid And afterwards many of them returned to our Faith and Obedience and were received to our Peace and Will and at last John Comyn Lord of Badenagh and the others of his Party came also and were received a nostre pees a nostre foi to our Peace and Faith so as for their Ransoms and Amends for their Trespasses and Outrages only against us and for the Establishment of Scotland esteuessent a nostre ordinance a nostre volunte they should be at our Ordinance and Pleasure We notwithstanding these Contempts Trespasses Outrages and Disobediences of the People of Scotland towards us have been so great and heavy as there cannot sufficient Amends or due Satisfaction be made for them at any time as they themselves acknowledge tho we cannot suffer such Crimes to pass without some Punishment yet seeing those People have behaved themselves well and loyally since our last being in those Parts and for the Hopes we have of their good Behaviour and Service for the future willing to do them special Grace Have granted and do grant their Lives and Limbs shall be safe and that they shall be free from Imprisonment and not Disinherited saving to us always the Lands Tenements and Lordships the Demeasns and Appartenances of the Royalty of Scotland which John Baliol late King thereof gave away and alienated to do our Pleasure with them And we Pardon and Release to the People aforesaid that have submitted and received our Peace and our Faith the Crimes committed against us the Anger Rancour and all manner of ill Will we any ways had against them so as they shall be bound to pay what is ordered by us and our Council solonc nostre dit dictum nostre pronunciacion que sensuent en cest form according to our Decree and Determination which follow in this Form First We Order and Decree that John Comyn and the others The Articles of that Establishment with him which shall come to our Peace and
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
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
less than a Month after the Death of Henry the Third King Edward being in the holy-Holy-Land the Guardians of the Kingdom and Council in his Name by their Proctors made publick 2 Append. N. 44. Protestation for the Vindication of the Prerogative and Rights of his Crown against these Provisions before they Granted the Temporalities 3 Ibm. shewing That Cathedral Churches when void ought of Right and Custom and were wont to be filled by the Canonical Election of the Chapter the King 's Leave having been first asked and obtained And that after the Election the Elect ought to be presented to the King That he might object against him if he had any thing reasonable to propound against him and that it seemed to the King and his Council a great Prejudice to him and the Church of Canterbury whose Patron and Defender he was especially if this should be made an Example in other Churches That the Pope omitted these Vsages where there could not be found any Fault either in the Matter or Form of the Election nor so expressed in his Letters of Provision yet should assume a Power of Supplying Vacancies with Bishops Whence lest for the future the Roman Church should proceed to do the like or if it should do it That the King might not receive Prejudice or be bound to restore the Temporalities of the Churches the King of his especial Grace granted them to this Man and then Iterus Bernard his Procurator and Clerc made Protestation in his Name and stead That this Grant of the Temporalities should not be drawn into Example for the future This Protestation was made and Read at Westminster in St. Stephen's Chapel on the Vigil of St. Lucy the Virgin i. e. December 12th in the presence of Friar Robert â—e â—dwarde by the Elect by the Monks afterwards in compliance with the Pope or under a Pretence to Preserve their own Right and of the Bishop of Eâ—â—â—ster Walter de Merton Chancellor of England John de Chistâ—â— Dean of St. Pauls R. Burnel Arch Deacon of York and many others A. D. 1272. And on the same Day the 4 Pat. 1. Ed. 1. M. 20. intuâ— Temporalties having had sufficient Testimony of his affection to the King and taken the Oath of Fealty to him for that Time out of his especial Grace were Granted by his Lieutenant or Guardians of the Kingdom After six years 5 Antiqu. Brit. f. 192. n. 20 30. A. D. 1279. this Archbishop was made Bishop of Porto in Italy and Cardinal and then Abdicated his Archbishopric upon whose Cession pretending it was his Right so to do notwithstanding the Monks had Elected the Bishop of Bath and Wells then Chancellor of England and the former Protestation The Pope made John Peckham another Preaching Friar-Minor Archbishop and Consecrated him at Rome He was born in Sussex of Obscure Parents and had his first Institution in the Monastery of Lewis The Archbishops Bishops and Clergy endeavouring to put in practice the Canons of Boniface made at 6 Compleat Hist of Engl. f 668. Merron 42 Hen. 3. A. D. 1258. and the Provincial Constitutions of the same Boniface at 7 Spelm. Concil Vol. 2. f. 305. Lambeth 45 of Hen. 3. A. D. 1261. This Archbishop in the 7th of this King on the Third of the Calends of August or 30th of July A. D. 1279. 8 Ibm. f. 320. 323. called a Council of his Suffragans at Reading in which several Sentences of Excommunication were enjoined to be Published 9 Append. N. 45. which so Troubled the King that he convened the Archbishop in his Parlement at St. Michael next following wherein he made an open Revocation of such as pleased him not and were against the Rights of his Crown In the 8th of King Edward this Archbishop and his Suffragans intending to hold a * Spelm. Vol. 2. f. 327. Council at London the King fearing by their late Canons and Proceedings at Reding they might presume to Constitute something therein against his Crown and Dignity 1 Append. N. 46. appointed Roger le Estrange and Hugh Fitz-Otto Steward of his Houshold his Commissioners to go to them and appeal against such Proceedings Next Year he called a 2 Spelm. Ut supra f. 328 Council at Lambeth but the King suspecting the Loyalty of the Archbishop and Bishops directed his 3 Apprend N. 47. Writ to them Commanding them upon their Oaths of Fealty they had all taken to be Faithful to him and Defend his Rights and the Rights of his Kingdom as much as they could and enjoined them by Virtue of their Oath and under pain of losing the Temporals they held of him that they should in that Council do nothing against him his Kingdom and the Rights or Laws which his Predecessors and he had used by ancient and approved Custom nor to do assent to or attempt any thing against them Notwithstanding this Inhibition the Review the Council of 4 See Church Affairs in time of Hen. 3. Spelm. Conc. Tom. 2. f. 329. Lambeth holden under Boniface the then Archbishop to see how far it was suspended by the King's Appeal to the Pope about it and notwithstanding his Revocation of some of the Canons and Sentences of Excommunication made at Lambeth and renewed at Reding about two years before in open Parlement he renewed them again in this Council as 5 Ibm. f. 334. Linwood Constitutiones Provinciales in fine f. 30. That against such as procured or obtained Prohibitions against Proceedings in Spiritual Courts That against the Infringers and Opposers of Ecclesiastic Liberty That against such as took any thing out of or from the Houses Mannors or Lands of Ecclesiastic Persons against their Wills That against such as took or removed any Persons or Goods out of Sanctuary and hindered any Victuals to be brought to such Persons and Lastly against such as Denied to execute the King's Writs for taking the Excommunicates or hindered the taking of them or unjustly procured their Liberty This Council ended 6 Spelm. Concil Tom. 2. f. 341. on the Sixth of the Ides or 10th of October and he wrote the King a Letter about 7 Ibm. Church-Liberty not long after wherein he tells him That for a long time and very anciently there had been great Dissention between the King and Great Men of England and the Archbishops Bishops and Clergy of the same concerning the Oppression of the Church against the Decrees of Popes the Constitutions of Councils and Sanctions of Orthodox Fathers in which the Bighest Authority the greatest Truths and Sanctity did consist and therefore beseeched the King there might be an End put to those Dissentions which could not otherwise be then by his being inclined to close with those three things from which the Canons were Collected and to submit his Crown to the Crown of Christ for that the Ecclesiastic or Church-Liberties were the Jewels of his Spouse He tells him further That
and Burgesses gave their new King a Fifteenth part of their Goods and the other Laicks a Twentieth I find not what was further done here in England in the first Five months of his Reign other than That his great Favourite Peirs de Gaveston returned into England his 4 App. n. 43. Peirs de Gavesion returned into England Exile and the Obligation of his Oath not to come over unless recalled by or had Leave to come from King Edward the First having been both determined by his Death And also the Oath which King Edward made when Prince of Wales at the same 6 Ibm. time That he would not Receive or Retain him without the Leave of his Father How long he had been in England and how long Earl of He is made Earl of Cornwall and Guardian and Lieutenant of the Kingdom Cornwall before the 26th of December in the first year of King Edward's Reign I have not seen On that day being at Westminster he made him by the Name and Title of Peter de Gaveston Earl of Cornwall his 7 Append. n. 48. Guardian and Lieutenant of the Kingdom for the better Conservation of the Peace and Quiet thereof while he should be beyond the Seas or during his Pleasure And on the 18th of January following being then at Dover 8 Ib. n. 49. The great Power given to him he gave him Power to grant Licences of choosing Pastors of Cathedral and Conventual Churches to take their Fealties when Elected and Confirmed and restore the Temporalities to give Prebends and vacant Benefices which were of his Collation or Presentation and dispose of Wardships and Marriages which might happen in his absence On the 19th of January he 9 Cl. 1 Ed. II. M. 11. Dors summoned a Parlement to meet at Westminster on the first Sunday in Lent being then at Dover but of it there are no Memoires in the Tower or other-where that I have seen Then the King passing over Sea on the 28th of the same month was 1 The. de la Moor f. 593. n. 10. Married to Isabel Daughter of Philip the Fair King of France at Bologne with wonderful Pomp and Celebrity there being at the Solemnity Four Kings and Three Queens besides the Bride and returning into England they were both 2 Cl. 1 Ed. II. M. 10. Dors Crowned at Westminster on the 24th of February where the Earl of Cornwall excelled all the Company in rich Cloaths and Ornaments and carried the Royal Crown 3 Ib. de la Moor ut supra n. 20. before the King which much increased the Envy of the Nobility against him He was the 4 Son of a Gasconian Knight who had done Who Peirs Gaveston was 4 Frier John Trokelow's Annals of Ed. II. f. 192. col 2. â— in Biblioth Cotton Claudius D. 6. Edward the First great Service in the Wars of that Country and in respect thereof he ordered him to be Educated with his Son the Prince which made the great familiarity between them Sir Tho. de la Moor Servant to Edward the Second gives him this Character 5 That he had a fine Body was of a quick and sharp Wit curious in his Behaviour and sufficiently Skilful 5 Ut supra in Military Affairs which appeared as he says by his Management of and keeping in due Subjection the Scots when he commanded the English Forces in that Kingdom for which he was envied by those who saw his happy Success By reason of the King 's extravagant Favours toward and in The Nobility much moved by the King's favour to him conferring Honours and Lands upon him especially after he had Married his Niece Margaret Sister to the Earl of Glocester with his receiving him into so great Intimacy and making him Chief Minister as may be supposed according to the Report of all our Historians the Nobility were much moved who pressed and advised the King he might avoid the Realm which not being done so soon as was expected the King declared 6 Pat. 1 Ed. II. M. 10. to all such as should see or hear his Letters Patents That for no cause whatever he should be permitted to stay in England longer than the Morrow of St. John Baptist according as it had been advised by the Prelates Earls and Barons and agreed to by himself Given at Westminster the 18th day of May. Accordingly he was sent into Ireland and made the King's He is made the King's Lieutenant in Ireland 7 Pat. 1 Ed. II. M. 3. in Cedula An. D. 1308. Lieutenant there to Direct and Act in all things in his Name as if he had been himself there present Witness the King at Reding 16 die Junii But long he stayed not there for in the Second year of the King he procured a Tournement to be proclaimed at 8 Walsingh f 96. n. 50. A. D. 1309. The Nobility contrive how to destroy him Waling ford and called thither so many Military Men out of Foreign Parts that he insulted over the English Nobility who came to meet them amongst whom the chief were Thomas Earl of Lancaster Humphry de Bohun Earl of Hereford Aymer de Valence Earl of Pembroke and John Earl of Warren and Surry who being much displeased and hardly bearing the Pride of Gavestan and the Reproach they received every day considered and contrived how they might destroy him De die in diem quomodo Petrum perderent cogitabant The Prelates Earls and Barons taking advantage of the King 's continued Exorbitant Kindness to him and heaping upon him so great Riches and Estates to the disadvantage of the Crown and lessening the Revenues thereof and the great Power he had with him and being thereby as may probably be concluded the great Obstacle to the Execution of their Designs formed against They press the King to give them a Commission to choose Ordainers to make Ordinances for the Government of his Houshold and Kingdom the King's Father and himself were impatient till they had removed him never to return again and to do this they daily pressed the King to give them Authority to choose such amongst them that might have Power to make Ordinances for the Government of his Houshold and Kingdom which at length they obtained and had this Grant or Commission for the making of them THE 9 9 Append. n. 50. A. D. 1309. 3 Ed. II. The Commission for that purpose King to all those who shall see or hear these Letters Greeting Whereas to the Honour of God and for the good of us and our Realm we have of our free Will granted to the Prelates Earls and Barons of our Realm that they may choose certain Persons of the Prelates Earls and Barons and others whom they think fit to call to them during the time of their Power that is to the Feast of St. Michael next coming and from that Feast for a year next following to Ordain and Establish the Estate of our Houshold
should be ready to do all things according to the Protestation he made and also according to the Protestation they made at the time of publishing those Ordinances In the mean time these Ordainers pursued their Designs both open and secret which were much promoted by a 7 Trokelow f. 194. b. Col. 2. f. 195. a. Col. 1. Wals f. 100. n. 20. 30 The Speech of Henry E. of Lincoln before his Death Speech our Historians report to be made by Henry Earl of Lincoln on his Death-Bed to Thomas Earl of Lancaster who had married Alice his Daughter and Heir That God had blessed him with greater Riches then any Nobleman in England and that therefore he was bound before others to honour him and told him He saw the Church of England that was wont to be free now brought into Servitude by the Oppressions of the Romans and unjust Exactions so often How Holy Church was oppressed c. Extorted by Kings Cernis jam occulata fide Quod Ecclesia Anglicana quae solebat esse libera per oppressiones Romanorum injustas Exactiones a Regibus toties Extortas nunc facta est ancilla and the People also which were wont to enjoy many Liberties were brought into the same Condition by divers Tallages and Vexations imposed on them by Kings Adjuring him by the Blessing of God and his own That when he had an Opportunity he should Free and Defend the Church and People from such Oppressions for the Honour of God That he should pay all due Honour and Reverence to the King that was his Lord yet cause him to remove from his Court Evil Counsellors and Strangers ut malos Consiliarios Alienigenas à Curia sua amoveat and effectually to observe the Tenor of Magna Charta and other Articles i. e. the Ordinances Demanded by and Granted to the Clergy and Laity and that in order to the accomplishing these things he should contract a strict Alliance with Guy Earl of Warwick who better understood them then any other Having ended his Speech says 8 Ut supra N. 50. 50. Thomas Earl of Lancaster and his Adherents resolve to Relieve Holy-Church c. Walsingham he took his Leave of the World and after his Funeral Thomas Earl of Lancaster with his Adherents Humfrid de Bohun Earl of Hereford Aymer or Adomar de Valentia Earl of Pembroke Guy Beauchamp Earl of Warwick and the Earl of Arundel and other Barons which the Historian thought too many to name with the Earl of Warren and Surry who enclining toward the King was brought off to the Party by the Archbishop of Canterbury undertook to Relieve Holy Mother-Church from Oppression and recover the due Liberty of the Kingdom Thomas Earl of Lancaster 9 Ibm. The Earl of Lancaster chosen General of the Party was chosen their Captain or General who by common Agreement sent to the King then at York Beseeching him either to Deliver Piers Gaveston to them or as it had been Ordained command him to avoid the Kingdom 1 Ibm. f. 101. ◠1. a. Who demand of the King to deliver Gaveston to them c. He took little notice of their Request The King took small notice of their Supplications left York and went to Newcastle upon Tine where he continued until the Feast of the Ascension the Queen being at Tinmouth The Lords 2 Ibm. n. 10. The Lords Arm. The K goes to Newcastle with Gaveston Arm raise an Army and with all speed march towards Newcastle not that they would offer Injury or create Trouble to their Lord the King but only take Piers Gaveston and judge him according to the Laws made by common Agreement ut ipsum petrum captum secundum leges communiter editas i. e. the Ordinances judicarent When the King heard the Barons 3 Ibm. The Barons march thither with an Army The K. goes to Tinmouth From thence to Scardeburgh by Ship were coming with an Army he with Peter fled swiftly to Tinmouth and when they had possessed themselves of Newcastle forthwith he again with Gaveston went into a Ship and though the Queen then great with Child beseeched him with Tears to stay he took no Pity of her but sailed to Scardeburgh commanding the Soldiers in the Castle to Victual it forthwith and protect him while he went toward Warwick-shire 4 Fol. 195. b. Col. 2. Trokelow writes That the Earl of Lancaster before he left Newcastle to pursue the King and Piers de Gaveston sent to the Queen then at Tinemouth-Castle and in The Earl of Lancaster sends to Comfort the Queen whom the K. had left at Tinmouth great Passion that the King would not stay with her by Trusty Messengers to comfort her Faithfully promising That he would not give over his pursuit until he had removed Peter from the King and made his Excuse for not coming to her in Person lest for her sake he should incur the King's Indignation Ne forte indignationem Regis causa ipsius incurreret The Lords 5 Walsingh f. 101. n. 10. The Lords besiege Scardeburgh Castle having notice of his being Shipped off seized upon his Horses and other Goods he had left at Newcastle causing them to be valued and kept secure and then marched with what speed they could to Scardehurgh and besieged it 6 Ibm. N. 20. but the Earl of Lancaster finding no Opposition from the Country retired with his Forces that he might not be burthensom to the adjacent Parts and left the Earls of Pembroke and Warren to take in the Castle who in a short time so wearied the Guards within by Assaults that they were not able to Defend it 7 Ibm. Piers Gaveston renders himself Upon condition to stand to the Judgment of the Barons Then Piers seeing no remedy render'd himself upon condition to stand to the Judgment of the Barons and that he might once more speak with the King 8 Ibm. The K. desired Piers his Life might be saved The King hearing Peter was taken desired he might speak with him and prayed his Life might be saved promising if it might be so he would satisfie the Desires of the Great Men in all things 9 Ibm. N. 30. The Earl of Pembroke laying hold of this Promise persuaded the Barons to grant the King's Request promising under pain of losing all his Lands to keep him safe while he had spoken with the King and then to restore him to the Barons at a Day and Place prefixed 1 Ibm. intending to have carried him to Wallingford in his way thither at Dadington now Deddington in Oxfordshire four or five Miles from Banbury the Earl left him to the Care of his Servants while he went to lodge with his Lady at a Neighbouring Place 2 Ibm. N. 40. which the Earl of Warwick having notice of came with a great Multitude and noise of Armed Men that Night and took him from the Servants and carried him to his
of the Earls c and by the Earl of Pembroke Monsieur Hugh le Dispencer and Monsieur Nicholas de Segrave Deputed by the King to hear the said Treaty and Report it to him in the manner following 1. First That the Earls and Barons shall come before the King The Articles of Peace between the K. and Barons in Westminster-Hall and with great Humility on their Knees make their Submission and Swear if he will have them That what they did for which he thought ill of and intended to punish them was not done in Despight of him and they shall humbly pray his Forgiveness and receive it with a good Will and shall restore all that was taken at Newcastle upon Tine or other where from Pier de Gaveston whatever it was viz. all his Jewels Horses and other things whatever they were c. 2. The Second Article contains the Statute for the Security of the Earls and Barons their Adherents and Allies which was to have been passed in the next Parlement to be holden on the Third Sunday in Lent with this Title 9 Old Statutes printed A. D. 1540. Ne quis occasionetur pro Morte Petri de Gaveston That no Man be prosecuted for the Death of Peter Gaveston and further That the King should Release and Quit the Earls Barons their Adherents Friends and Allies all Rancor Displeasure Actions Obligations Complaints and Accusations which arose by the Occasion of Peter Gaveston since he married his Dear Companion Isabel Queen of England whether it were for the Taking Detaining or Death of him or the Seizing any Town or Castle or Besieging of them or for bearing Arms or imprisoning any Persons 3. Also it was agreed That if this Security pleased the Earls and Barons and that they would not come to Parlement in their proper Persons they should send their Proxeys with sufficient Power to receive and consent to that Security and also with sufficient Power to consent to a Security to be made in that Parlement for the Adherents to and Receivers of Peter Gaveston which security was treated of and agreed and there recited being the same with the 1 Ibm. Statute having this Title Ne quis occasionetur pro Reditu Petri de Gaveston That no Man be prosecuted for the Return of Peter de Gaveston 4. Also the Treaters agree That in the next Parlement there should be Provision made by the common Assent of the Prelates Earls and Barons that in all Parlements Treaties and other Assemblies in England from that time forward for ever Men should come without Force and without Arms peaceably to the Honour of the King and the Peace of him and the Realm and the three Treaters promised to use their utmost Endeavour with the Earls of Lancaster and Warwick by themselves or Poxey's to consent to this Provision And further it was ordered That no Business should be propounded in this Parlement but the Security's and this Provision nor any come with Arms before the Submission was made which was certainly Done or the Acts of Security had never passed and then they might Treat of other Parlement Matters as there might be occasion 5. Also the Treaters promised That after this Reconciliation was made they would do what in them lay with their whole Endeavour with their Peers That the King should have an agreeable Aid of the whole Realm for his War with Scotland 6. Also the three Treaters complained That the King since the Conduct given for this Treaty to the Lords and their Adherents had caused the Lands and Goods of Monsieur Griffin de la Pole to be seized and also of Monsieur Fouk Lestrange There were to be two Justices not suspected of Partiality appointed by the King to Examine the Matter and do them right 7. Also that the Goods of Monsieur Henry de Percy which were seized by the King be restored by Pledges or Sureties until the next Parlement 8. Also it was agreed on behalf of the King That all Men might safely Pass and Repass through the Kingdom of England or elsewhere for the Dispatch of their Business under his Protection they doing or receiving no Wrong This Conduct and Security to continue until Pentecost next coming and of this the King to grant Letters under the Great Seal To the Earls Barons and their Adherents The Collation of this Indenture was Made and Read in the Year of Grace 1312. on the Wednesday next before Christmas in the Cardinal's Chamber at London in the Presence of the Cardinal the Bishop of Poicters the Bishop of Worcester the Earl of Pembroke and many others In Witness whereof one Part of the Indenture remained with the King and the other Part was given to Master John Waleweyn and Michael de Meldon to be carried to the Earls and Barons The two Securities mentioned in this Treaty were not passed into Statutes as was agreed in the Second Article in the Parlement summoned on the 20th of January in the Sixth of this King to meet on the Third Sunday in Lent nor in the next summoned on the 23d of May next following to meet Fifteen days after the Nativity of St. John Baptist but in that which was A. D. 1313. summoned on the 26th of July in the Seventh of his Reign to meet on Sunday next after the Feast of St. Mathew the Apostle as may be seen in the Old Statutes Printed 1540. Robert Winchelsey Archbishop of Canterbury lived to see the Articles Robert Winchelsey A Bishop of Canterbury dies of this Treaty finished but Dying on the 2 Histor Sacra f. 17. By whose Persuasion the E. of Lancaster opposed the King 11th of May preceding lived not to the passing of these Statutes by whose Persuasion and Encouragement the Earl of Lancaster and Adherents opposed the King in his Folly 3 Ran. Higden Lib. 7. Cap. 41. Thomas Lancastriae ipsius Roberti speaking of this Archbishop animatus hortatu cum sibi adherentibus per plures annos conatus est Regiis obsistere ineptiis The great Opinion the Earl had of this Archbishop or thinking it a great Advantage for a Miracle-worker and Saint to have been a Patron of the Cause he wrote to the 4 Append. N. 59. The Earl of Lancaster wrote to the Prior and Convent of Canterbury for a Particular of the Miracles wrought by Winchelsey Prior and Convent of Canterbury praying them as he had done before to give Testimony some notorious Way and by their Letters Patents what Miracles God had wrought by Robert Archbishop of Canterbury that last was and what he had wrought as well in his Life-time as after his Death and to inform him of the Miracles which were hanged up in writing before his Tomb. Taking advantage of these Dissentions and Controversies in England Robert Brus 5 Buchan Hist f. 80. b. A. D. 1313. Robert Bruce taking advantage of the Dissentions in England reduceth a great Part of Scotland to his Obedience reduced the most Part
about the Prices of Oxen Cows Sheep Geese Hens and other Victuals set the last Parlement should be revoked and that they should be sold as formerly at reasonable Rates The reason of this says Walsingham was 2 Hist f. 107. n. 20. because after the Price set in Parlement they were much dearer On Tuesday following the King by the Bishop of Norwich promised to 3 Rot. Par. ib. n. 1. The King promiseth to observe the Ordinances observe all the Ordinances formerly made by the Prelates and Great Men per Prelatos Proceres and also the Perambulations of the Forest made in his Father's time saving to the King his Reasons against them salvis Regi Rationibus suis contra Perambulationes and thereof Writs were made accordingly On the Friday next coming 4 Ibm. Soldiers how raised and paid against the Scâ—â—s the Great Men and Community of the Kingdom Magnates Communitas Regni Granted to the King in Aid of his War with Scotland of every Town in the Kingdom one Stout Footman except in Cities and Burghs and the King's Demeasns and these Footmen were to be armed and furnished with Swords Bows Arrows Slings Lances and other Armour fit for Footmen at the Charge of the Towns and their Expences to be paid until they came at the Place of Rendezvous and their Wages for 60 Days after and no longer if the King's Service required it at 4 d. the day and Market-Towns that were further able to be charged with Men were so to be charged the King promising to give his Letters to the Great Men and Community of the Kingdom Magnatibus Communitati Regni and to their Heirs That this Grant should be no Precedent nor drawn into Example for the future The same Day the King by Advice of the Prelates and Great Men Consilio Praelatorum Procerum ordered the 5 Ibm. whole Service due to him i. e. all the Horse of England to be Summoned for this cause to be at Newcastle upon Tine 15 Days after Midsummer The Citizens Burgesses and Knights 6 Ibm. n. 2. Cives Burgenses Milites de Comitatibus qui venerunt ad Parliamentum then Granted the King in Aid of this War and Expedition a 15th Part of all the moveable Goods 7 Ibm. Civium Burgensium Hominum de Civitatibus Burgis de Dominicis Regis of Citizens Burgesses and Men of Cities Burghs and the King's Demeasns which they had at Michaelmas then last past On Shrove-Tuesday in the Parlement 8 Ibm. n 3. The King had a sincere good will toward the Earl of Lancaster and other Great Men. the Bishop of Norwich on behalf of the King moved the Earl of Lancaster to put away all Doubting he might have of him for that he had a sincere Good-will towards him and the other Great Men erga ipsum alios Proceres Regni sui and held them to be his Faithful Liege-men and told him the King desired to have him the Chief of his Council requesting him 9 Ibm. ex parte Domini Regis Praelatorum ac Procerum Regni ibidem existentium on behalf of the King Prelates and Great Men there present to take upon him to assist and advise in the Affairs of King and Kingdom The Earl thanked the King and and humbly requested time to deliberate humiliter supplicavit quod ipse possit deliberare and then answer Which he did in a very short time and was Sworn of the King's Council in the Form following Whereas our Lord 1 Ibm. n. 4. King Edward by the Grace of God King of England hath with the Prelates Earls and Barons of the Land 2 Ibm. this number only in French upon the Roll. avesques Prelates Countes e Barons de son Terre in full Parlement requested his dear Cousin Monsieur Thomas Earl of Lancaster that he would be Chief of his Council in all Great and Weighty He requested the Earl to be Chief of his Council Affairs touching himself and his Realm with other Prelates Earls and Barons which may between the King and himself take care that he may be for the Profit of him and the Realm The said Earl for the great Love he had for his Lord the King and for the Common Profit of the Kingdom and the Ordinances 3 Ibm. The Earl complies upon such Terms as he might Govern the Kingdom qil ad sur merci enterement Grante a teniz which he had upon favour entirely granted to observe and the right Laws to maintain in all Points and in hope to make Amendments in such things as had been ill done in his Court and the Estate of his Realm did grant to be of the King's Council with the Prelates Earls Barons so as at the Hour the King shall not do according to his Directions and others of his Council concerning the Matters of his Court and Kingdom after such things have been shown him and he will not be Governed by the Council of him and others the Earl without Evil Will Challenge or Discontent may be discharged from the Council and that the Business of the Realm concerning him shall not be done or performed without the Assent of him and the other Prelates Earls and Barons which shall be ordained or appointed to advise him 4 Ibm. saunz Assent de luy des autres Prelatz Countes Barous qi de luy Conseiller serront ordenetz And if any of the Prelates Earls and Barons shall advise the King or do other thing which shall not be for the Profit of him and his Realm then at the next Parlement by the Advisement of the King and his Friends 5 Ibm. solone lavisement nostres Seigneur le Roy le seon they shall be removed and so it shall be from Parlement to Parlement as to them and every of them according to the Faults found in them In Witness whereof this Bill was to be entred on the Parlement-Roll ceste Bille entre en Rouelle de Parlement And then it follows Billae 6 Ibm. The Instrument by which he was made Chief of the Council entred upon the Parliament-Roll predicta formam continens supra scriptam liberata fuit Willielmo de Ayremin Clerico c. The foresaid Bill containing the Form above written was delivered to William Ayremin Clerc by the hands of the Lords Walter of Norwich and Bartholomew de Badlesmer commanding the said William by Order of the King to inroll it Word for Word Over the Army above-mentioned raised by the Parlement against the Scots the Earl of Lancaster was made 7 Rot. Scot. Ed. 2. M. 6. The Earl of Lancaster made General of the Army against the Scots and Lieutenant of Scotland General and the King's Lieutenant in Scotland but what great things he did with this Army or by his Lieutenancy it appears not in any History I have met with Next Year the Pope sent two 8 Rot. Claus 10 Edw. II. M.
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
there was much Dispute amongst the Vulgar whether he was to be numbred among the Saints some asserting he His seeming Virtues ought for that he gave much in Alms honoured the Religious and contended to Death as it seemed ut videbatur in a just Quarrel Others thought the contrary That a Man who neglected his generous His Crimes and Character Wife and defiled innumerable Women innumeras mulierculas polluit That put to Death such as did but lightly offend him That cherished Renegado's from their Orders or Profession and Transgressors of the Law lest they might be punished by the Law That committed all things to the Direction of his Secretary That at the time of Contending to Death for the Maintaining of Justice basely fled ought not to be thought a Saint especially when he was unwillingly taken and suffered unwillingly But what Money might do or the Shadow of or counterfeit Miracles then celebrated at the place where he was beheaded what Issue they would have for the future after Ages would see Sed profecto oblationum dona miraculorum simulacra quae in loco suae decapitationis in praesentiarum celebrantur qualem in posterum habebunt exitum secula videbunt post futura However it was the Queen was not only pleased to have him a Saint but there must be a Chappel built upon 9 Append. n. 66. The Queen c. contrives a Chappel to be built on the Hill and Place of Lancaster's Execution the Hill where he was put to Death to which purpose there was an Accord made between the Prior and Convent Parsons of the Church of Pontfract and the Burgesses of the same Town before the King Queen and Henry Earl of Lancaster Brother to Thomas That John de Ypre an Hermit abiding upon the Hill where the Noble Earl of Lancaster was put to Death should procure and increase Alms and good Deeds to make a Chappel there That there should be a Clerk assigned by the Queen and Earl of Lancaster and a Monk whom the Prior should appoint to remain there to receive and lay out what should be received at the Hill for the Building of the Chappel and it was also agreed there should be a Trunk provided with Three Locks and Keys whereof the Clerk was to keep one the Monk another and a Burgess of the Town the third Which Trunk for the security of it was to be removed every night to the Priory and carried back to the Hill every day To be opened once or twice a week in the presence of the Three Key Keepers and the Money to be delivered to the Clerk to pay the Workmen c. The King's Confirmation of this Accord is Dated at York on the 5th of June in the First year of his Reign This was a fruitful Age of Miracles for within less then Two years after the Execution of the Earl of Lancaster 2 Append. n. 67. the King sent a Commission to Enquire after certain Persons that reported Miracles reported to be done by Two ordinary Men. These Two Persons were taken at Borough-Bridge Miracles to have been done at the place where Henry Montfort and Henry Wylington hung at Bristol who were Condemned to be Drawn and Hanged by the King's Court for Rebellion and afterwards their Bodies to remain upon Gibbets This Report brought much People thither to the Disturbance of the Peace and Alienation of their Affections from the King insomuch as by Force and Arms they defended their Idolatrous Cheats against such as were sent to disabuse the People preserve the King's Honour and keep the Peace On the 14th of March in the Fifteenth of his Reign just before A. D. 1320. the Barons Army was defeated and this Saint taken at Borough-Bridge in Yorkeshire the King at Derby issued his Summons for a Parlement to be holden at York three weeks after Easter next Easter-Day was April 11. this year 1322. The Process and Award against the Spencers brought into Parlement coming into which Parlement upon the Petitions of Hugh Despencer the Father and Son notwithstanding the Son 's had been Reversed before as above was brought before the King the Process and Award for their Disheritance and Exile and upon shewing the Errors in them they were both Revoked and made Null Which Revocations because they contain something of the History and much of the Practice of and Way of the Great Men's Living in those times I have with as much brevity as I could Translated from the Old French not being any where Printed or Published that I know of Whereas lately at our Parlement summoned at 1 Claus 15 Ed. II. M. 14. Dors in cedula This Writ dated at Westminster May 15. and 14th of Ed. II. A. D. 1320. The Petition of Hugh Spencer the Son to the King Westminster to meet Three weeks after the Nativity of St. John Baptist last past an Award was made against Sir Hugh le Despenser the Son and Sir Hugh le Despenser the Father by certain Great Men of the Realm and then after the Feast of St. Andrew next following Hugh the Son Petitioned Us shewing That while he was in our Service in the Office of Chamberlain and so appointed in full Parlement the Earl of Hereford Monsieur Roger de Mortimer the Nephew Monsieur Roger de Mortimer the Vncle Monsieur Roger Damory Monsieur John de Mowbray Monsieur Hugh d'Audele the Father Monsieur Hugh d'Audele the Son Monsieur Roger de Clifford Monsieur John Giffard de Brimmesfield Monsieur Maurice de Berkeley A Confederacy against the Spencers Monsieur Henry de Tyes Monsieur John Maltravers and many others made a Confederacy by Oaths and Writing to pursue and destroy him and upon this Agreement all the above-named with their May the â—d Retinues came the Wednesday after the Feast of the * Invention of Holy Cross in the 14th year of the King to Newport in Wales with Force and Arms that is to wit with 800 Men at Arms with the Banner of the King's Arms Displayed and with 500 Hobelors and 10000 Foot to enter upon all his Lands to destroy them and The Outragious Practices against them with the same Power and Force to besiege his Towns and Castles and took them by force and killed part of his People Sir John Iwayn Matthew de Gorges and about 15 other Welshmen and part they maimed as Sir Philip Joce and part they took and imprisoned as Sir Ralph de Gorges who was then in Prison Monsieur Philip Joce Sir John de Fresingfield Sir John de Dunstable William de Dunstable and many others which they freed upon Ransom and they took carried and drove away his Goods and Chattels found in his Towns and Castles That is to say 40 War Horses and Armor for 200 Men compleatly Armed and other Warlike Engines and Implements and Victuals Wheat Wine Honey Salt Flesh Fish and other Victuals to the value of 2000 l. and burnt all his Charters
those of his Son except that the loss of his Goods moveable and immoveable in and upon his Mannors and Lands were greater as namely two Crops of Corn one in the Barns or Granges the other upon the Ground 28000 Sheep 1000 Oxen and Heifers 1200 Cows with their Breed for two Years 40 Mares with their Breed for two Years 560 Cart-Horses 2000 Hogs 400 Kids 40 Ton of Wine 600 Bacons 80 Carcasses of Beef 600 Muttons in the Larder and 10 Tons of Cyder Armour for 200 Men and other Warlike Engines and Provisions with the Destruction of his Houses to his Damage 30000 l. And at the same time they entred the Abby of Langley in Wiltshire broke up his Coffers and carried away 1000 l. in Silver also his Charters Evidence and Bonds Cups of Gold and Silver and other Silver Vessels and Jewels to his Damage of 10000 l. And at the same time with Force and Arms entred the King's Castle of Marlborough where he was the Constable and took his Goods there found 36 Sacks of Wooll 6 Pair of rich Vestments a Library a Golden Chalice for the Sacrament one Cross of Gold another of Ivory and Ebony and other Ornaments belonging to the Chapel Cloths of Gold Carpets Coverings and many other things and his whole Wardrobe entirely to his Damage of 5000 l. Excepting these Differences of Losses the Petition is the same with his Sons verbatim and The Petition of the Spensers brought into Parlement the Errours assigned in the Process and Award are the very same his rendring himself Prisoner to the King and his Reception into the King's Protection the same and expressed in the same Words And then it follows by the King Et nous apres a nostre Parlement summons a Everwyk as treis semeins de Pasch en an nostre Regne Quinzisme feisems devant nous le Proces del dit Aegard a la suite les ditz Hugh le Fitz Hugh le Pere en cestes Paroles A 15 Edw. II. The Writ of Summons to this Parlement bears Date March 14 1321. Easter-day was April 11. 1â—22 l Honeur de Dieu Seinte Eglise c. And we afterwards at our Parlement at York three Weeks after Easter in the 15th Year of our Reign caused to come before us the Process of the Award at the Petition of the said Hugh the Son and Hugh the Father in these Words To the Honor of God and Holy Church c. the whole Award being cited in this Record After which Recital it follows a quen Parlement c. At which Parlement at York the said Hugh the Son and Hugh the Father being brought before us in Court prosecuting their Complaints and praying us to do them Right and the said Hugh the Son for himself shewed and alledged the Errors in the Process as abovesaid and also Hugh the Father alledged the same Errors and prayed severally and jointly That as the Award was made erroneously and wrongfully against the Laws and Usages of the Realm and against common Right and Reason that we would annull and defeat the said Award and that they might be remitted and reconciled to our Faith and to such Estate as they had and were in before the Award And hereupon hearing the The Process against them examined in Parlement Reasons of the said Hugh and Hugh we caused the Process to be examined in full Parlement in the presence of the Prelates Earls Barons Knights of Counties and the People that were come by reason of the Parlement en presence des Prelates Countes Barons Chivalers des Countes le People estoit venutz pur Encheson du dit Parlement And we found the said Award was made Reasons why the Award ought to be made void without calling them to Answer and without the Assent of the Prelates which are Peers of the Realm in Parlement and against the Great Charter of the Franchises of England which says no Freeman shall be Banished or other way Destroyed but by lawful Judgment of his Peers or the Law of the Land and for that they were not called in Court to make Answer and for these Errors and for that the Causes in the said Award were not duly proved pur ceo que les Causes contenues en la dit Agard ne furent pas duement approvets And further having regard to that that we caused the Parlement at Westminster to be summoned in due manner and commanded by our Writs the said Great Men who made the Award not to make Assemblies and Alliances or come with armed Men yet they came with all their Force to that Parlement notwithstanding our Command And when they came to London in that manner they held their Councils and Assemblies at London without coming to us at Westminster according to Summons and then we sent to them to come to the Parlement at Westminster as they ought yet they would not come nor let us know their Mind nor the cause of the Award tho' we had begun and held the Parlement for 15 Days and more and caused to come before us the Prelates and some Earls and Barons Knights of Counties and others which came for the Commons of the Realm avioms fait venir devant nous Prelates aucunes Countes Barones Chivalers des Countes autres que vindrent pur la Commune du Royalm and caused it to be published That those that had Petitions to promote should deliver them And after Proclamation thus made no Petition was delivered or Complaint made against the said Hugh and Hugh until they came as aforesaid And the Contrivance of the said Award they wholly concealed and kept from us unto the very Hour they came to Westminster with Force and Arms and made their Award against Reason as a thing treated and agreed on amongst themselves on their own Authority in our absence and encroached upon the Royal Power Jurisdiction and Conusance of Process and Judgment of those things which belong to our Royal Dignity wherefore we could not at that time stop the said Award nor do right to the said Hugh and Hugh as it belonged to us And further taking notice that those Great Men after the Award made prayed our Pardon and Release for Confederating themselves by Oath Writing or in other manner without our Leave in pursuing them and Trouping with Banners of ours and their own Arms displayed and taking and possessing Castles Towns Mannors Lands Tenements Goods and Chattels and also taking and imprisoning People of our Allegiance and others and some they wounded and some they killed and many other things they did in order to destroy the said Hugh and Hugh in England Wales and other where of which some might be called Trespasses and others Felonies also it appeared those Great Men were Enemies to and hated them at the time of the Award and before wherefore they ought not to be their Judges in their own Prosecution of them nor have Record ne
and notwithstanding the King's Commissioners the Bishops of Winchester and Norwich and the Earl of Richmond by her Mediation the Bargain was made or they received a Form of Peace from the King of France That if King Edward would give his Right in the Dukedom of Aquitain and Earldom of Pouthieu to his Son Edward upon his doing She bargains with her Brother that if King Edward would give Aquitan and Ponthieu to the Prince upon doing his Homage he should have Seisin of them Upon that Agreement the Prince goes into France and does Homage Homage he would give him seisin of both These Things agreed on both sides the King of France sent his Letters of Safe-Conduct for the Prince and the King sent him with a Grant of those Lands to have and to hold them to himself and Heirs Kings of England adding That if the Son should die living the Father they should return to him and also other Conditions by which it should not be Lawful for the King of France to Marry him nor provide a Guardian for him against his Will 4 De la Moor Ut supra Walsing Ut supra A. D. 1324. 18 Ed. II. This Agreement was Confirmed by the Advice of the Prelates and other Noblemen at Dover the Day after the Nativity of the Virgin Mary in the Eighteenth of the King and on the Thursday following Edward the Son accompanied with the Bishop of Excester and other Noblemen went on Shipboard and afterwards about the Feast of St. Mathew did Homage to his Uncle of France under Protestations made on both sides the whole Affair being compleated for which the Queen was sent into France Soon after Michaelmas the King 5 De la Moor ut supra f. 589. lin 1. c. The K. wrote to the Queen to return with his Son into England She makes her Excuse having no Mind to return The Bishop of Excester removed from her secret Council wrote to her That she would speedily bring her Son into England She wrote back That the King of France her Brother out of great Affection would have them stay with him and sending back the greatest Part of their Families she employed the residue of the Year in prosecuting her own Designs The Bishop of Excester was sent over with the Prince but was now removed from the Queen 's Secret Council and Roger Mortimer and other Fugiâ—ibâ—s the King's Enemies were received into it 6 〈◊〉 â—6 Ed. 2. Part 1. M 34. Doâ—s And Roger Mortimer taken into it This Roger Mortimer the Younger upon Tryal for Treason had received Sentence to be Drawn and Hang'd the King out of his special Grace pardoned the Execution of that Sentence and willed that instead thereof he should be a perpetual Prisoner and assigned certain Justices to declare his Favour and adjudge him to Perpetual Prison and not long after the Time of the Queen's going over corrupting his Keepers he made his 7 De la Moor F. 596. N. 50. Escape out of the Tower of London and got into France The King much moved at the Queen's stay and Detaining his Son out of the Kingdom some 8 Ibm. â— 598. â— 10. Reasons why the Queen 〈◊〉 France to salve the Matter said they were unwillingly Detained others guessing that she was so bound by the Vnlawful Embraces of Mortimer that without him and the other Eugitives she would not return However it was The King 9 Claus 19 E. 2. M. 2. Dors The King sent and wrote often to the Queen to return out of France The fear of Hugh Spenser the Younger was her Chief Excuse The King answers all her Excuses sent and wrote to her oft times to return home Expressing great Kindness to her and grief of Mind for her absence many feigned Excuses she had for her not coming but the Chief was the Danger and Fear she was in of Hugh le Dispencer the Younger which she sent to him by the Bishop of Winchester with her Letters of Credence in answer to which the King wrote That he as much wonder'd as he could seeing and observing always in his Presence the Kind Deportment of her to him and of him to her and especially at her Departure declaring a perfect Amity and since by her Letters of a late Date to him which he had shewn unto the King attesting the same and therefore the Homage being done to his Brother of France and that they were in so fair a way of Affection one to another he Commanded and Charged her as much as he could That all And chargeth and commands her to come to him in all haste feigned Matters and Excuses laid aside she should come to him with all haste Par qui uous vous mandoms chargeoms en quanque nous pooms que totes tieles Enchesons feints autres choses lessees excusations cessantes reignes a nous od tote hast for that the Bishop had told him That his Brother the King of France in his Presence told her That according to the Tenor of her Safe-Conduct she should not be disturbed nor stayed from coming to him as to her Lord and as his Wife And then further writes to her When she came her Expences and way of Living should be such as should be neither to the Dishonour of him or her He also Willed and Commanded her to suffer his dear Son Edward He also Willed and Commanded her to send his Son to him to come to him as he had commanded him And whereas at the time Walter Bishop of Excester was lately with her he had been certainly informed That some of his Enemies and his Banished People waited to Destroy him if they had opportunity to a-avoid such Dangers and for other great Business he had with him he commanded him upon his Faith and Allegiance to come to him with haste leaving all other things in as much security as he could she was to excuse his sudden coming away it being for no other Cause Given at Westminster the First of December At the same time 1 Ibm. the King of France by the Bishop of Winchester wrote to him and sent a Message by word of Mouth That The King of France wrote the Queen dare not come to K. Edward for fear of her Life and Hugh Spenser he had been informed by Persons of Credit that the Queen dare not come to him for fear of her Life and Hugh le Despenser to which excuse he made the same answer he had done to his Queen and averred by Oath That if the said Hugh or any other Living in his Kingdom or in his power should offer any Ill to her and he could know it he would make them severe Examples to all others and beseeched him not to believe those that told him other King Edward's Answer to that and other things things for that he had and ought to have greater Reason to know and understand this Matter than any other and therefore
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
at St. Pauls about sending some of their own Order to the King and Queen as Mediators of Peace between them The Bishop of Rochester dissuaded his going into the City or beyond the Thames to Treat being then at Lambeth telling him the Hearts of the People were against the Bishops and that they hated them imputing all the Evil that had happened in the Nation to their Sloathfulness Foolishness and Ignorance Next day they met at Lambeth and Resolved to send Two The Bishop of Winchester was willing to go for one but could not get a Companion 2 Ibm. All sorts of Citizens meet at Guildhall and contrive how to put to Death the Bishops of London and Excester and the King 's other Justices Die Mercurii proximo ante Festum St. Lucae convenerunt apud la Gyld-Hall c. On Wednesday before St. Luke the Citizens great and small majores minores met at the Guildhall where they contrived how they might take and put to Death the Bishops of London and Excester and the King 's other Justices and how they might Plunder the Merchants Mercatores in Civitate depraedarent taking the occasion of the Queen's coming 3 Ibm. The Queen comes to London All her Enemies that adhered not to her accepta occasione de adventu Reginae quod Reginae adhaerere noâ—entes proditores Regni publice censerentur because those that would not adhere to the Queen were publickly Reputed Traytors to the Kingdom The Justices were then met at the Friers Preachers and the Bishop of Excester was flying to St. Paul's Church they caught him at the Door beat and grievously wounded him and drew him through the Streets and Lanes to the Great Cross in Cheapside where the Sons of the Devil Filii Diaboli Virum fidelem providum discretum ac Regno valde necessarium truculenter decapitarunt Beheaded a Faithful Wise and Discreet Man and very useful to the Nation And further says Tunc conturbata est tota 4 Ibm. Those who were called the Queen's Enemies were plundered all the Nation over Terra in circuitu impii ambulantes animalia alia bona pacificorum quos hostes Reginae dixerant sub tali colore ubique depraedantes abduxerunt Then the whole Nation was in confusion and the Wicked calling peaceable Men the Queen's Enemies and under that colour took away and plundered their Goods The King not thinking himself safe there had left London before the Queen came thither and finding 5 De la Moor f 598 n. 50. The King goes into Wales by such as he had sent to make a Discovery that almost all the Nobility afrighted with false Reports tota fere Regni Communitas falsis territa rumoribus had come in to the Queen went in 6 Ibm. Sets H. Spenser the Father to defend the Town and Castle of Bristol Wales and having appointed Hugh Despenser the Father then Earl of Winchester to defend the Town and Castle of Bristol went with Hugh the Son then Earl of Glocester Robert Baldock and few others to 7 Ibm. Wals f. 125. n. 10. The King lay close in the Abby of Neath in Glamorganshire Chepstow and there took Ship intending for the Island of Lundy or Ireland but the Wind being cross he could make neither and having undergone much Hardship at Sea he landed and got to the Abby of Nethe in Glamorganshire where he lay close In the mean time the Queen followed him with her Army and sent these Letters abroad to command and draw in the People to her Assistance 8 Ibm. Append n. 69. The Queen's Letter by which she commanded and drew in the People to her Assistance Isabel by the Grace of God Queen of England Dame of Ireland Countess of Pontif or Ponthieu and we Edward Eldest Son to the Noble King of England Duke of Guyen Earl of Chester Pontif and Monstroil or Monstrevil and we Edmond Son to the Noble King of England Earl of Kent To all those to whom these Letters shall come Greeting Whereas 't is notoriously known That the State of Holy Church and the Realm of England are many ways blemished and abased by the Evil Counsel and Abett of Hugh le Despenser who by Pride and a Desire to Lord it and set himself over all others hath taken upon him Royal Power against Right Reason and his Allegiance and in like manner made use of all the Evil Counsel of Robert Baldock and others his Adherents so as Holy Church is reviled and shamefully put under great Subjection Her care of Holy Church and the Prelates of Holy Church and the Prelates of Holy Church spoiled of their Goods against God and Right Holy Church defamed and dishonoured many ways and the Crown of England destroyed in divers manners in Disheritance of our Lord the King and his Heirs the Great Men of the Realm by the Envy and wicked Cruelty of the said Hugh many of them without Fault and without Cause put to shameful Death some Disherited others Imprisoned Banished and Exiled Widows and Orphans wrongfully forejudged of their Right and the People of the Land by divers Tallages and undue Exactions very often burthened and by divers Oppressions grieved without Mercy By which Offences the said Hugh hath shewn himself an open Tyrant and Enemy to God and Holy Church to our most dear Lord the King and to the whole Realm And we and many others with us and in our Company who have long been estranged from the good Pleasure of our Lord the King by the false Suggestions and Evil Procurement of the aforesaid Hugh and Robert and their Adherents are come into the Land to raise the State of Holy Church and the Realm and to defend the People from these Mischiefs and grievous Oppressions and to maintain to our Power the Honour and Profit of Holy Church and our Lord the King and the whole Realm as abovesaid Wherefore we command and pray you for the Common Profit of you and every one of you to be Aidant to us at all times and in all places and by all the ways you know or can that the things abovesaid may be speedily brought to a good Effect and End For know certainly That all we and all those with us will not undertake any thing that shall not be for the Honor and Profit of Holy Church and of the whole Kingdom as in time you will see and find if God please Given at Wallingford the 15th Day of October in the Twentieth Year of the Reign of our most dear Lord the King From Wallingford she marched to Oxford and so in a short Bristol taken time to Bristol which she besieged and soon took and the next day after she came thither 9 De la Moor f. 599. n. 50. H. Despenser the Father drawn and hanged Hugh Despenser the Father Earl of Winchester was Drawn and Hanged upon the Common Gallows without Hearing or Trial on the 1 Aist Sacr.
enter to Honour God and his Saints Hugh after these Mischiefs you advised the King to give unto the false Traitor the Earl of Winchester Andrew Harkley and self Lands properly belonging to the Crown in Disherision thereof 6 Ibm. Col. 2549. n. 10 20. Hugh whereas the Queen and her Son passed beyond Sea by the King's Command to save the Country of Guyen in point to be lost by your Traiterous Counsel you sent over a great Sum of Money to some of your wicked Adherents to destroy the Queen and her Son qest Droit heir del Realm who is Right Heir of the Kingdom and to hinder their coming over 7 Ibm. Hugh your Father Robert Baldock and self and other false Traitors your Adherents taking upon you Royal Power made great and small by force to swear to and assure you to maintain you in your false Quarrels or Pretences en vouz faux Quereles not having regard that such Confederacies were False and Traiterous against Legience and the State of the King and his Crown 8 Ibm. n. 30 40. And forasmuch as you Hugh and other Traitors knew that the Queen and her Son were arrived in the Nation by your Evil Counsel you caused the King to withdraw himself and go from them and carried him out of the Kingdom to the Danger of his Body and Dishonour to him and his People feloniously taking with you the Treasure of the Realm contrary to the Great Charter Hugh 9 Ibm. The Judgment upon H. le Despenser the Son you are found Traitor wherefore all the good People of the Kingdom Great and Small Rich and Poor by Common Assent do Award That you are found as a Thief and therefore shall be Hanged and are found as a Traitor and therefore shall be Drawn and Quartered and for that you have been Outlawed by the King and by Common Assent and returned to the Court without Warrant you shall be Beheaded vous serrez decollez and for that you abetted and procured Discord between the King and Queen and others of the Realm you shall be Embowelled and your Bowels burnt 1 Ibm. n. 50. Withdraw Traitor Tyrant and so go take your Judgment attainted wicked Traitor He was at this time Earl of Glocester and I see no Trial by Common Jury or his Peers and the Attaint was only this Speech made against and most what was objected to him had been Pardoned by Act of Parlement Et sic 2 Ibm. His Executioc statim morte plexus est Octavo Kalendarum Decembris And so he was presently put to Death on the 8th of the Kalends of December or 24th of November The Earl of Lancaster made no great haste with his Prisoner the King to Kenelworth for in 13 Days time he was got no further from Monmouth than Lidbury in Herefordshire at which Place the 3 Append. n. 71. Writ for Proroguing a Parlement that was pretended to have been Summoned by the King to meet 15 Days after St. Andrew was Dated the 3d of December Teste Rege apud Lidbury tertio die Decembris 20 Ed. II. Witness the King at Lidbury the A Parlement to be holden by the Queen and her Son if the King not in England Prorogued to the morrow of Twelfth-day The King knew nothing of the Writ of Prorogation dated Decemb 3. 3d of December The Writ for this Parlement which was to meet 15 Days after St. Andrew I believe can no where be found which was to be holden by Isabel Queen-Consort of England and Edward his Eldest Son Guardian of England he then being out of the Kingdom as 't is said in the Writ Dated the 3d of December c. for Proroguing that Parlement to the morrow of Epiphany or Twelfth-Day To be holden by him if Personally present or in his absence by his said Consort and Son But the miserable King knew nothing of this Summons Dated at Lidbury on the 3d of December with his Teste for the Great Seal was that Day in the keeping of the Bishop of Norwich at Wodstock and the next Day delivered to Roger Mortimer and the Duke of Aquitan i. e. Edward the King's Son at the same Place as it most certainly appears by the Record in the Appendix The Parlement met according to the Prorogation 4 Hist Sacr. vol. 1. f. 367. The first thing moved in it was Whether the Father or Son should be King n. 70. The Parlement as 't is called met crastino Epiphaniae or 7th of January The first thing moved by the Bishop of 4 Hereford and many other Bishops joining with him was Whether King Edward the Father or his Son Edward should Reign over them They were not long before they Agreed the Son should have the Government of the Kingdom and be Crowned King 5 Append. n. 72. It was carried for the Son The Reasons why he was deposed for the Causes following 1. First For that the Person of the King was not sufficient to Govern for in all his time he was Led and Governed by others who gave him Evil Counsel to the Dishonour of himself and Destruction of Holy Church and all his People not considering or knowing whether it was Good or Evil nor would remedy these things when he was requested by the Great and Wise Men of his Realm or suffer them to be amended 2. Also In all his time he would not give himself to Good Counsel nor take it nor to the Good Government of his Kingdom but always gave himself to Works and Employments not Convenient neglecting the Business of his Realm 3. Also For want of Good Government he lost the Kingdom of Scotland and other Lands and Dominions in Gascoigne and Ireland which his Father left him in Peace and Amity with the King of France and many other Great Persons 4. Also By his Pride and Cruelty he destroyed Holy Church and the Persons of Holy Church putting some in Prison and others in Distress and also put to shameful Death and Imprisoned Banished and Disherited many Great and Noble Men of the Land 5. Also Whereas he was bound by his Oath to do Right to all he would not do it for his own Profit and the Covetousness of him and his Evil Counsellors which were with him neither regarded the other Points of the Oath which he made at his Coronation as he was obliged 6. Also He abandoned his Realm and did as much as he could to destroy it and his People and what is worse by his Cruelty and the Default of his Person he is found incorrigible without hopes of Amendment All which things are so notorious they cannot be gainsaid These Articles were Conceived and Dictated by John Stratford 6 Author Decemb col 2765. n. 40. Commissioners sent to the King at Kenelworth-Castle Bishop of Winchester and Treasurer of England and written by William Mees Clerc his Secretary and a Publick Notary Having Approved the Articles they were by Comune Agreement 7
Almain Bohemia Poland the Kingdoms of Arragon Majorca Navarre and the Lands adjoining the Provinces of Arles Aix Ambrun Vienne Bezanson and Tarentais Cyprus and all Italy Sicily Hungary Achaia Sardinia and Corsica To these Bulls or Commissions the Articles of 3 Ib. p. 29 30 31. Append. n 75. Inquiry directed and prescribed by the Pope were annexed which were these 1. Whether when first they were admitted into the Order they abjured Christ the Virgin Mary or the Saints or were admonished to do it or they themselves had incited others to abjure 2. Whether they had denied Christ or Crucified Jesus to be true God or that he suffered for the Redemption of Mankind 3. Whether they affirmed him a false Prophet and that he suffered for his own Crimes 4. Whether they believed the Master of the Order not being in Holy Orders could by the Sacrament of Pennance forgive Sins and whether he had done it 5. Whether they thought they had any thing in their Statutes to the Disgrace of the Orthodox Roman Church or that favoured Crimes and Errors 6. Whether when they entred into the Order they were taught that they might luxuriously use one another and commit no Wickedness and whether they taught the Novices this 7. Whether they sware to advance their Order against Right and what was Decent and induced others to swear accordingly 8. Whether he that admitted them into the Order told them they could have no Salvation in Jesus Christ 9. Whether they spit upon the Cross and the Image of Christ or stamp't upon it or on the Holy day of Friday or any other pissed upon it 10. Whether they worshipped a Cat or Skull or any fictitious and false Image or Idol with Divine Worship in their great Meetings or other Place of the Brethren and whether they hoped for Riches and plentiful Fruits of the Earth and Trees from them 11. Whether they touched the Idol with the Girdle they girt about their Shirts and Flesh 12. Whether they libidinously and intemperately kissed the young Novices in any indecent part 13. Whether when they said Mass they omitted the Holy Mysteries and Words of Consecration 14. Whether they esteemed it Wicked and Nefarious to do these things The King having been at Poicters 4 Puteanus ut supra p. 33. conferred with the Pope and they had agreed upon these Heads That the Templars should be kept by the King at the Request of the Pope and Bishops and in their Name That the Bishops might Judge the Templars within their Diocese except those who were reserved to the Pope That in case of Abolition of the Order the Goods should be employed for the Service of the Holy Land That they should give to one another Covenants that the Money arising from those Goods of the Templars should not be diverted to any other use The Bishops and other Prelates 5 Ibm. p. 34. 35. in pursuance of the Bulls proceeded against the Templars within their Dioceses and did what they could to find out the Truth of the Accusations but for that in France the Examination had been made before by Inquisitors with the King's Authority assisted by Gentlemen named by himself with which the Pope was not satisfied and further because the Order was not only setled in France but spread all over the Earth he thought it most necessary to name Commissioners himself to proceed a-new in his Name and by his Order against the Templars who were the Arch-Bishop of Narbon the Bishop of Bayeux Mande and Limoges Matthew of Naples Arch-Deacon of Rouen John de Mantua the Pope's Notary Arch-Deacon of Trente John de Montlaur Arch-Deacon of the Church of Maguelon and William Agarris Provost of the Church of Aix as appears by the Commission it self Dated at Poicters the second of the Ides or 6 Ibm. p. 113. to p. 123. in the Extracts c A. D. 1309. Twelfth of August in the third Year of his Pontificate A. E. 1309. The same 7 Ibm. 36. Month the Commissioners began to act and sent out their Citations for the whole Order to appear before them at Paris in the Bishops Hall On the 22d of November they caused the Grand Master James de Molay and Hugh de Peraldo to come before them but I find nothing worth noting that passed between them One of the Superiours of the Order 8 Ibm. p. 38 39. Ponzard de Gyziac told the Commissioners That the Templars in many Places had been grievously Racked That all which they had confessed was for fear of Death and that some of them died in their Torments yet nevertheless he was resolved to defend his Order and desired Renaud of Orleans and Peter of Boulogne Friers of the Order might be joined with him for Advice These Commissioners 9 Ibm. p. 46 47. remained at Paris from the Month of August 1309. to the Month of May in the Year 1311. in which time they examined 231 Witnesses as well Templars as others and they almost all confessed the Crimes contained in the Articles sent by the Pope During 1 Ib p. 47. this time there was a Council of the Province of Sens held at Paris against the Templars where the Arch-Bishop of Sens presided Those that undertook the Defence of the Templars told the Pope's Commissioners they had appealed to the Pope from the Council of Sens and other Councils which were holden for Matters concerning them and requested them to take notice of it who refused to do it because both the Commissioners and Councils had the Pope's Power This 2 Ibm. p. 48. Provincial Council by a long Process Sentenced many Templars some whereof were only Absolved others did Pennance and were delivered others were Condemned to end their Lives between Four Walls and 59 as such as had relapsed were Degraded by the Bishop of Paris and delivered over to the Secular Power and by that condemned to be Burnt which Judgment was executed accordingly who declared themselves Innocent at their Death and that what had been imposed upon them was false to the Astonishment of the People There were 3 Ibm. p. 152 c. 74 Templars named in the Instrument who offered to defend the Order They and their Procurators in the 4 Ibm. p. 157 c. Instrumente and Articles of Defence do say That the Articles sent by the Pope were detestable horrid and wicked Lyes unreasonable and impossible That the Religion of the Temple was pure and free from such Sins and Vices That the Articles were made and forged by false Brethren and Enemies to the Order and that the King of France first and then the Pope had been deluded and imposed upon by these Men That the Brethren of the Temple that had confessed and told so many Lyes did it for fear of Death and Torments or were suborned or taught what they should say so as they might agree though brought from several Parts That the Apostates and Fugitives from the Order and
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
the King's Duties and Purveyance thro the Kingdom as if he had been King and he and his Party had with them double the Company of Men and Horse that were with the King in destruction of the People not paying for their Quarters more then they pleased 13. Also the said Roger by his Royal Power caused the King to grant to the Mounting of 200 Irish of those that killed the Great Men and others which were in the King's Faith whereas the King ought immediately to have Revenged their Deaths rather then Pardoned them contrary to the Statute and Assent of Parlement 14. Also the said Roger contrived to have destroyed the King's Secret Friends in whom he had most Confidence and he surmised to the King in the presence of the Queen his Mother the Bishops of Lincoln and Salisbury and others of his Council That his said Secret Friends had excited him to Combine with his Enemies beyond Sea in Destruction of the Queen his Mother and of him the said Roger and this he affirmed so impudently upon the King as he could not be believed against what he had said And for these things he had been apprehended and for many others not as yet fit to be declared Wherefore the King charged the Earls and Barons the Peers of the Land as these things concerned himself themselves and all the People of the Realm to do right and true Judgment upon him for the Crimes above-written as notorious and known to be true to themselves and all the People of the Kingdom The Earls Barons and Peers having Examined the Articles The Peers Opinion concerning the Articles against Mortimer came into Parlement before the King and they all delivered their Opinion by one of their Peers That all things contained in the Articles were notorious and known â—â— themselves and the People wherefore they as Judges in Parlement by assent of the King did Award and Judge the said Roger as Traitor and Enemy to the King The Judgment against Mortimer and Kingdom to be Drawn and Hanged and commanded the Earl Marshall to Execute the Judgment and to the Major Aldermen and Sheriffs of London the Constable of the Tower and those who had the Guard of him to be aiding to the Earl Marshall at the Execution which was done on Thursday next after the * Monday the 26th of November was the first day of this Parlement St. Katherin being the 25th See the Summons in Append. n. 82. first day of the Parlement being the 29th day of November He was not brought to Answer but Condemned without hearing and for that reason this Judgment was Reversed as Erroneous and made void by Act of Parlement and his Grandchild Roger Restored to his Title and Estate Rot. Parl. 28 Ed. III. n. 8 9 10 11 12. In the 8 Rot. Parl. 4 Edw. III. n. 2. Simon Bereford charged as a Confederate with Mortmer same Parlement the King charged the Earls Barons and Peers to give right and true Judgment against Simon de Bereford Knight who had been aiding and advising to Roger Mortimer in all the Treasons Felonies and Wickednesses for which he was adjudged to Death as it was notorious and known to the said Peers who came before the King in Parlement and said all with one Voice disirent touz come d'une voice that the said Simon was not their Peer wherefore they were not bound to Judge him as Peer of the Land but for that it was a thing notorious and known to all that he was aiding and advising to the said Roger in all the Felonies Treasons and Villanies abovesaid which were in Vsurpation of Royal Power Murder of the Liege Lord Murdre de Seigneur Lige and destruction of Royal Blood and that he was guilty of divers other Felonies and Robberies and principal Maintainer of Robbers and Felons they as Peers and Judges of Parlement by Assent of the King do Award and Adjudge him as Traitor and Enemy to the King and Realm to be Drawn and Hanged Adjudged to be Drawn and Hanged and the Earl Marshall had Command to do Execution which was done on the Monday next after the Feast of St. Thomas the Apostle All the Peers Earls and Barons in this 9 Ib. n. 3. John Maltravers Practice and Contrivance against the Earl of Kent Parlement agreed That John Mautravers was guilty of the Death of Edmond Earl of Kent the King's Uncle as he that chiefly traiterously and falsely compassed it and whereas he knew King Edward was dead he cunningly and by his false and wicked Subtleties made the Earl think and believe King Edward was alive the which false Contrivance was the cause of all the ensuing Evils wherefore as Peers and Judges of Parlement they award the said John to be Drawn Hanged and Beheaded as a Traytor when he should be found Judged to be Drawn Hanged and Beheaded A Thousand Marks to him that should take him alive Five hundred Pounds for his Head and prayed the King to issue his Proclamation That any one who could take him alive and bring him to the King should have 1000 Marks and if he could not be taken alive he that should bring his Head should have 500 l. of the King's Gift Further 1 Ib. n. 4. The same Judgment against Bogo de Bayons and John Deveroil the same Judgment was given against Bogo de Bayons and * This John Deveroil or Daverel was a Creature of Mortimer's and Governor of Corf Castle where 't was reported King Edward was who being sent to by the Earl of Kent told the Messenger he was there alive and well but that no body might see or speak with him but such as were sent by the Queen or Mortimer John Deveroil for the same Cause and he that could take Bogo alive and bring him to the King should have 100 l. or bring his Head should have 100 Marks and he that could take John alive and bring him to the King should have 100 Marks or could bring his Head should have 40 l. The same Judgment 2 Ib. n. 5. The same Judgment against Thomas de Gurney and William de Ocle for the same cause was given against Thomas de Gurney and William de Ocle for the Death of King Edward Father of the King that then was pur la mort le Roi Edward piere nostre Seigneur c. That they falsely and traiterously Murdered him and he that could take Thomas alive was to have 100 l. or bring his Head 100 Marks he that could bring William Ocle alive was to have 100 Marks or his Head 40 l. Amongst the Pleas of the Crown in this 3 Append. n. 84. Thomas de Berkele Arraigned found not guilty Parlement is contained the Arraignment of Thomas de Berkele Knight for the Death of King Edward the Second for that the said King was committed to the keeping of the said Thomas and John Mautravers in the Castle of the said Thomas
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
this purpose sent Letters and Messengers to the King for whom he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether it was fit for him to Accompany the King of France or not After this Declaration 7 Ibm. Monsieur Geoffry Lescrop by Command of the King and in his presence before all the Prelates Earls Barons and other Great Men Reported That the King was Notorious Riots in the Nation informed and it was a notorious thing to them all That divers People defying the Law were gathered together in great Companies in destruction of the King's Lieges the People of Holy Church and the King's Justices taking and detaining some of them in Prison until to save their Lives they had received great Fines and Ransomes at the pleasure of the Evil-Doers some they put to Death and Robbed others of their Goods and Chattels doing other Mischiefs and Felonies and thereupon the said Geffry on behalf of the King charged The King demands Advice about his going to the Holy Land the Prelates Earls Barons and other Great Men That by the Faith and Allegiance they ought him they would Counsel him concerning his Voyage to the Holy Land which he very much desired to undertake with their Advice and also how the Peace And how to chastise and restrain the Rioters might be kept and how those Rioters might be chastised and restrained from their Wickedness The first care by the Advice of the 8 Ibm. The Lords advise to prosecute them by Law and Force Prelates Earls Barons and Great Men was against these Wicked People That the King should prosecute them by Law Force and all other good ways which should be advised him and accordingly Commissions were issued to the best Men in the Counties and Sheriffs to apprehend and imprison and raise the Posse Comitatus against them and cause them to be Endicted and punished according to their Deserts And it was further 9 Ibm. They were likewise to be Excommunicated Agreed by the King Prelates Earls Barons other Great Men the Knights of Shires and Communes par nostre Seigneur le Roy Prelats Countes Barons autres Grantz Chivalers de Countees Gentz du Comune c. That a Sentence of Excommunication ordered by the Prelates and Clergy should be pronounced against them in the Church of St. Paul in London and sent to all the Bishops in England to be also pronounced against them in their Dioceses First 1 Ib. n 6. The Reason and Terms of the Excommunication and who to be Excommunicated That all those who disturbed the Peace and Quiet of Holy Church and the Realm especially such as made Alliances by Covenants Obligations Confederacies or in any other manner were Excommunicated and so to remain Also 2 Ib. n. 7. the Receivers Favourers and Defenders of them Also 3 Ib. n. â— That all such Covenants Obligations Confederations and Alliances were made void and annulled by the said Prelates and that if any Oath was taken to confirm them that was also declared void As to his 4 Ib. n. 9. The Lords Answer about the King's going to the Holy Land going to the Holy Land they all concluded the time assigned by the King of France to be too short It was 5 Ib. n. 10. further declared in this Parlement on behalf of the King by Monsieur Geffry Lescrop That in the last Parlement in the 5th of the King at Westminster it had been agreed That the Debates moved between the Kings of England and France concerning the Lands beyond Sea should be reconciled by Treaty by way of Marriage or any amicable manner and that thereupon the King sent his Commissioners to the King of France who Treated with him and made Report to King Edward That the King of France said to them that if it pleased him to come to The King asked Advice of the Lords whether he should go into France to Treat Personally with that King him Personally he would do more favour to him than to any other wherefore 't was necessary to send speedily to the King of France and for this purpose he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether in case the Messengers with the King of France at their return should inform the King his Affairs would be in a better condition if he went over in Person he should go or not and in that respect all the Prelates Earls Barons and other The Lords consent to his going Great Men consented to his going in hopes all Obstacles of a Composure between them might be thereby removed and much advantage accrew to him They also assented his Voyage into Ireland might be deferred until Michaelmas next coming so as in the mean time some Men at Arms and others might be sent in Ayd of his good People there The Saturday next after the meeting of this Parlement it was Dissolved Upon the Peace made at Northampton by the Contrivance of Mortimer and Queen Isabell to secure themselves King Edward lost his Superiority over Scotland and the English Noblemen and others the Lands and Estates they had there some of whom by consent of the rest went into France to Edward Baliol Son of Edward Baliol Son of John came out of France into England John Baliol late King of Scotland and brought him into England at what time he claimed the Crown of that Kingdom as Heir to his Father against David Son to Robert Brus 6 Walsingh f. 131. n. 20 30 Buchan f. 87. b. f. 88. a. b. f. 89. a. n. 30 c. Claims the Crown of Scotland and recovers it by King Edwards Assistance And was Crowned at Scone in which Claim by the Mediation of his Friends he was assisted by Edward King of England who furnished him with a small Army of English by which his Friends were encouraged to come to him and after several of the Regents of Scotland and Guardians of David and that Kingdom as Thomas Randolf James Douglas Andrew Murray and other Great Men of his Party either dying or having been killed or taken Prisoners in the Engagements Skirmishes and Battles between both Parties for the space of Two years the Brusians having always been worsted tho most in number and the greatest People by the constant Assistance of the English Edward Baliol was Crowned King on the 8th of the Kalends of September or 25th of August 1332 at Scone in the 6th of Edward A. D. 1332. the Third In the Second year of his Reign he made REcognition and an He doth Homage and Swear Fealty to King Edward c. in the presence and by consent of the Parlement of Scotland See the Original here under noted where to be found The Form of his doing Homage Acknowledgment That the Kingdom of Scotland was holden of the Kings and Crown of England by Homage Liege and Fealty as of their
c. The number of Sacks agreed upon was 20000 for which the Merchants were to pay the King 40 s. per Sack Custom besides the Price of the Wooll beyond Sea 1 Ibm. pur equitter e rt ses dettes pur les ploit de ses grosses busoignes to discharge his Debts and for the Exploit of his great Affairs And it was left to the King's Choice and his Counsels beyond Sea whether the Flemings 2 Ib. n. 11. or Almans should be paid with the Money was to be received of the Merchants Soon after King Edward 3 Rob. Aves p. 90. b. c. 30 31. with the assistance of the Duke of Brabant the Earl of Haynault whose Forces then passed under the name of Flemings as in the Parliament Roll and the Communities or Governments of Bruges Gaunt and Ipres besieged Tournay from which Siege he wrote 4 Append. n. 87. a. He besieged Tournay and wrote to the King of France to Philip of Valois without any Title or addition That he had besought him by Messages and all other ways he knew reasonable to restore his Rightful Heritage of France and for that he saw he would not do him Reason he had enter'd into the Country of Flanders as Sovereign Lord thereof signifying to him That by the aid of Jesus Christ and power of the Country his own People and his Allies he would put a short end to his Claim if he would approach him and advance towards him But for that Two so great Armies as there was on both sides could not long continue together without great damage to the People and Country which thing every Christian And sent a Challenge to him to determin the Quarrel and their Claims by Duel between their Two Bodies c. ought to avoid especially Princes and Governors of the People he desired a brief period might be put to the Matter and to avoid the Deaths of Christians the Quarrel being between themselves that the discussion of their Claims might be determined by and between their two Bodies And if he would not consent to this way then that it might be ended by Battel between them and an hundred of their best Men on either side And if he would not take one of these then that he would assign a certain day within ten days after the date of this Letter to fight Army with Army before the Town of Tournay This was his desire not out of Pride or Disdain but that the will of Jesus Christ might be shewn between them for the greater repose amongst Christians Given under his Great Seal at Clyn in the Field the 27th day of July in the 14th year of his Reign of England and first of France To this Letter he had the following Answer returned * Ib. 87. b. The King of France his Answer to King Edward's Letter and Challenge Philip by the Grace of God King of France to Edward King of England We having seen your Letters brought to our Court from you to Philip of Valois in which were contained certain Requests made to Philip of Valois and for that your Letters were not directed or the Requests made to us as clearly appears by the Tenor of them we ought not to have given you any Answer nevertheless because we understand by the said Letters and otherwise that you are entred into our Kingdom of France doing great damage to us our Realm and our People without Reason not regarding what a Liegeman ought to observe toward his Lord for you have entred into our Homage Leige and recognized us King of France according to Reason and promised such Obedience as Men ought to promise to their Liege Lord as appears more clearly by your Letters Patents sealed with your Great Seal which we have by us Our intention therefore is when it shall seem good unto us to drive you out of our Realm and that we may be able to do this we have firm hope in Jesus Christ from whom all our Puissance c. Given in the Fields near the Priory of St. Andrew under our Privy Seal in the absence of our Great Seal the 30th of July in the year of Grace 1340. Hereupon Philip of Valois 5 Ib. Avesh ut supra p. 91. c. 33. Philip of Valois brought a great Army into the Field but dare not fight The English burn and destroy 300 Cities Towns and Villages And kill a vast number of French of all sorts Both Armies in great want of Forage and Victuals brought a very great Army into the Field as was thought to raise the Siege but he kept at such a distance off the English Army being afraid as says the Historian to engage them that he could not be provoked to fight tho the Earl of Haynault the Lord Walter Manny and Reginald de Cobham the King's Marshal and other Officers of the Army were sent with Parties from the Siege who wasted the Country destroy'd and burnt three hundred Cities Towns and Villages within six Leagues round Tournay and killed of the French Fourteen Barons Sixscore Knights and more then Three hundred Men at Arms. At last both Armies being very numerous and in great distress for want of Forage and Victuals and the King of England especially in very great want of Money the Two Kings consented to a Treaty of Truce until Midsummer next following 6 Ib. p. 91. b. c. 34. The King of England in great want of Money Commissioners on both sides to Treat of a Truce The Commissioners for the King of England were the Duke of Brabant the Duke of Guelderland the Marquiss of Juliers and Monsieur John de Haynault Lord of Beaumont Those for the King of France were John King of Bohemia and Earl of Luxenburgh Adulph Bishop of Liege Raoul Duke of Lorrain Ame Earl of Savoye and John Earl of Arminiac who concluded a Truce between the Two Kings their Aidants and Allies 7 Ibm. upon the ensuing Articles 1. That no prejudice or injury be done by either Party to the The Articles of the Truce other during the Truce and Respite 2. It was agreed That the Two Kings their Aidants and Allies whosever they were should remain in the same possession and seizin they were in at that time of all their Goods Lands and Possessions they held or had acquir'd any manner of way during the Truce 3. It was agreed That during the Truce the Kings their Assistants and Allies whoever they were might safely go out of one Country into another and the Merchants with all manner of Merchandise and all other People with their Goods might go and come as well by Land as Sea and Water as freely as they used to do at other times paying their Passage Money Tolls and Customs as anciently due The Barons and others of Gascoigny in the Dutchy of Guien to be comprised in this Article 4. It was agreed That neither of the Kings should procure or cause to be procured by themselves or
others any grief or prejudice to be done to the other his Friends or Allies by the Church of Rome or others of Holy Church whatever they were nor to their Lands or Subjects by reason of the War or any other cause nor for the service the Allies and Assistants of both Kings had done or should do for either of them And if their most Holy Father the Pope or others would do so both Kings might oppose them to their Powers without doing ill during the Truce All Prisoners of War on both sides to be released during the Truce upon their Paroles to return again to Prison when it was ended 6. That there should be a Truce between the English and Scots for the same time and certain Persons appointed upon the Borders of each Kingdom to see it observed upon such Conditions as had been formerly Which if the Scots refused the King of France was not to assist them with Force or any other ways to relieve and encourage them And it was agreed That this Truce should be notified or proclaimed in England and Scotland 26 Days after the Date thereof 8 Ibm. p. 93. a. which was confirmed and sealed with the Seals of the Commissioners on both sides in the Church of Espetelyn on Monday the 25th of September in the Year of Grace 1340. In the time of this Truce several Commissions were issued for Several Commissions during this Truce to make a firm Peace without effect the ending all Controversies between the Two Kings by a full Peace or long Truce as they are to be found in the Alman or Close Roll in the Tower in the 15th of Edward III. But they had no other effect than to continue the Truce unto the Decollation of St. John Baptist or 29th of August from thence to the Exaltation of the Holy Cross or 14th of September and from that time to Midsummer the next Year While the King lay before Tournay the Scots 9 Knighton col 1580. The Scots plundered wasted the Borders that had not submitted to King Edward Baliol came into England and plundered and ravaged the Country as far as Durham but being included in the Truce as above all Hostility ceased during that Truce After the Siege of Tournay the King went to Gant and staid there some time and returning into England on the Feast 1 Claus 14 Ed III. Part 2. M. 12. Dors of St. Andrew about midnight he arrived at the Tower and next morning he sent for the Arch-Bishop of Canterbury to Lambeth but found him 2 Hist Sacr. vol. 1. f. 20. The A. Bp. of Canterbury and others of the King's Council imprison'd not there He also sent for the Bishop of Chichester his Chancellor the Bishop of Lichfield and Coventry Lord Treasurer and several others his Great Officers Clerks of Chancery and Justices and imprisoned them in the Tower except the Bishops whom says 3 p. 93. a. c. 35. Robert of Avesbury for fear of the Clementine Constitution That Bishops ought not to be imprisoned he permitted to have their Liberty On the 3d of December the Arch-Bishop went to Canterbury and secured himself in his Church to escape future Dangers Most of the Persons 4 Rot. Parl. 14 Ed III Paâ—t 1. n. 13 14 15. sent for or imprisoned by the King were of the King's Council in England and those who were appointed and directed in Parliament to take care of the Payment of the King's Debts to the Town of Brussels and other Towns in Brabant and Flanders and treat with the Merchants both Foreign and English about paying the Money amongst whom was the Arch-Bishop The Sheriffs 5 Ib. Part 2. â— 17 25â— were commanded to send from all Cities and Burghs in their several Counties Merchants to be before the King's Council at London or Westminster on Monday next after the Assumption of the Virgin Mary or 15th of August to treat with About selling the Wooll granted them about buying the Ninth of Wooll in all Counties where the Arch-Bishop of Canterbury some other Bishops Earls and Barons of the King's Council there named as being nearest at hand Treated with them and contracted 6 n. 20 c. ad 28. for great numbers of Sacks of Wooll the Money to be paid at Bruges within three Weeks after or upon the Feast of the Nativity of the Virgin Mary or 8th of September or upon the Feast of St. Michael The Merchants of Bard and Prussia bought much of this Wooll and engaged to pay the Money to the People of Louvain and Malins and several particular Persons there named Almans and others that had been retained by King Edward and also sent for divers Persons to account before them and ordered them to return the Money to the King beyond Sea On the 30th of July 7 n. 29. the Arch-Bishop of Canterbury the Lords Chancellor and Treasurer the Earl of Arundel Thomas Wake of Lydell and others of his Council in England wrote to the King to give him an account of his Subsidy and to let him know That the Grant of 20000 Sacks of Wooll to raise Money speedily was not made in the Parlement he Summoned before he went beyond Sea to meet on Wednesday next after the Feast of St. Thomas or 7th of July until the Vigil or Eve of St. James or 24th of the same Month And therefore he could not wonder nor his Allies or good People of Flanders That neither Wooll nor Money was then come to him for certainly as much as could be levied of his Subsidy should come to him daily as soon as the Pains or Knowledge of Man could cause it to be sent or paid The Arch-Bishop having secured himself at Canterbury 8 Hist Sacr vol. 1. f. 21. 25. The A. Bp of Canterbury's Advice and Reproof to the King the King sent Nicholas de Cantelpue with Letters of Credence That he would come to him to London where he might personally speak with him but he came not pretending some about the King had threatned to kill him Yet though he came not he wrote to the King and admonished him to take good Advice and make 9 Wals f. 150. â— 10 20 c. use of good and wise Counsellors and to remember that by evil Counsel his Father had contrary to the Laws of the Land and Magna Charta imprisoned some great Men and others adjudged them to death seized their Goods or put them to grievous Ransom And what hapned to him for this cause He also put him in mind That by the Circumspection and Discretion of the Prelates the Great and Wise Men of the Nation his own Affairs had prospered so as he possessed the Hearts of the People and had met more Assistance from the Clergy and Laity than any of his Progenitors But at present by the evil Counsel of some English and others who loved their own Profit more than his Honour or the Safety of the People he
had imprisoned Clercs and others against the Laws of the Land his Coronation-Oath and against the Great Charter the Infringers whereof were by the Prelates of England and the Pope's Bull which he had by him excommunicated Which things he had done to the great Danger of his Soul and Detriment of his State and Honour He tells him he had pronounced Excommunicate all such about him that were Favourers of Treason Flatterers of and imposed upon him and as his spiritual Father beseecheth him to hold them as such some of which by their Sloth and Wicked Service and Advice lost Tournay And requested him to call together the Prelates Great Men and Peers of the Land to see and enquire in whose hands the Wooll Moneys and other things then remained which since the beginning of the War had been granted to him for maintaining thereof and by what means and whose default he lost Tournay and punish the Offenders in all things according to Law And as to what concerned him saving always the Estate of Holy Church and his own Order he was ready in all Points to submit to the Judgment of his Peers This Letter was Dated at Canterbury the First of January In the same Month 1 Ib. f. 151. n. 30 40 c He wrote also to the Chancellor of England to preserve the Liberties of the Church he wrote to Robert Bouser a Lay-man late made Chancellor of England in the place of the Bishop of Chichester to preserve the Liberties of Holy Church and the Laws of the Land entire And to let him know that the Ninth had levied and destreined for it upon Prelates and others of the Clergy who were not bound to pay it as those that 2 Rot. Parl. 14 Ed. III. Part 2 n. 14. 17. paid the Tenth granted to the Clergy and held nothing of the King by Barony or were obliged to come to Parlement and also exacted the Tenth of such as were bound to pay the Ninth oppressing the Clergy contra Deum Justitiam against God and Justice Exhorting and requiring him in the Lord hortamur in Domino requirimus not to permit the Religious and Clergy to pay otherwise than according to the Form of the Grant of the Taxes nor give his Advice or Assent to any thing in prejudice of the Great Charter or that might tend to the Subversion of Church-Liberties declaring if he should make out any Writ Commission or Precept to that purpose he should not omit to exercise such Power as Holy Church had permitted him He 3 Wals f. 152 n. 10 20 c. The A. Bp. declaimed in a Letter to the King all those Excommunicate wrote also to the King and his Council after this manner Domino nostro Regi Consilioque suo ac omnibus singulis dicti Consilii sui Personis monstramus nos Johannes permissiones divina Cantuariensis Archiepiscopus totius Angliae Primas sedis Apostolicae Legatus c. To our Lord the King and his Council to all and every one of them We John by Divine Permission Arch-Bishop of Canterbury and the Pope's Legate do declare all those that do Arrest Who imprisoned Clercs Clercs put them in Prison and detain them against their Wills are Excommunicated by Canon Which Sentence he published in the or oppressed the Church Church of Canterbury and caused it to be published by all his Brother Suffragans or Bishops of that Province After the Denunciation of which Sentence several Clercs there named were taken and imprisoned in prejudicium Dei Ecclesiae Sanctae in prejudice of God and Holy Church against the Laws and Privileges of all Clercs and to the danger of their Souls who did such things or gave Advice or Assent to the doing of them Wherefore he beseeched the King to preserve untouched the Rights and Privileges of Holy Church and forthwith release the Clercs and others that had been imprisoned against the Great Charter the Laws of the Land and Privileges of such as were detained And further beseeched all of the King's Council who had presumed to advise the King to commit such things qui talia committendi consilium Regi dare presumserunt not to hinder the Release of those that were kept in Prison He also declared That the King's Ministers or Officers of what Condition soever who entred the Granges Houses and other Places of Arch-Bishops Bishops Ecclesiasticks or other Religious without the Consent of their Bailiffs and took and carried away their Goods and all those that commanded these things to be done were involved in the same Sentence of Excommunication He wished the King would vouchsafe to apply a fit Remedy for he could not dissemble but that against such as his Pastoral Office required it of him by his Brother Bishops of the Province he should execute what was his and their bounden Duty Yet it was not his Intention that the King Queen or their Children should be comprehended in this Judgment or Sentence of Excommunication as far as by Law or Right they might be excused 4 Ibm. n. 50. nostrae tamen Intentionis non existit Dominum nostrum Regem Dominam Reginam aut Liberos eorundem dictis Sententiis involvi seu comprehendi quatenus de jure poterunt excusari As he had resolved 5 Ib. f. 153. n. 20 30 40 c. he wrote to all the Bishops of his Province 6 Ibm. f. 154. n. 30. and commanded them to declare Excommunicate all such as deprived Churches of their Rights or by Malice infringed or disturbed their Liberties or free Customs and those especially that violated the ancient Liberties and free Customs of his Church of Canterbury or in any manner diminished them or did any thing contrary to its Privileges Also those that disturbed the Peace and Quiet of the Kingdom or that gave Advice or Assistance to or favoured them Also those who by any Art or Trick whatsoever quacunque arte vel ingenio should violate break diminish or change any of the Liberties and free Customs contained in the Great Charter or Charter of the Forest privately or openly by Word Deed or Advice or the ancient Liberties and free Customs granted by them to the City of London should be declared Excommunicate And then he directs them to proceed in the same manner against all such as imprisoned Clercs or entred into the Houses Granges Ba c. of Arch-Bishops Bishops c. as above The King moved with this Behaviour of the Arch-Bishop 7 Ibm. f. 154. n. 30 40. â— The King's Letter concerning the A. Bp. of Canterbury and his Crimes wrote to the Bishop of London and the Prior and Chapter of Canterbury in harsh and severe Language how he had been used by the Arch-Bishop and charged him with many great Crimes as that being exalted to the Throne in his Nonage desiring to be directed by sound Counsel believing him in Fidelity and Discretion to exceed all Men and using him as the
to examine the A. Bp.'s Answer to the King in the same Parlement the Bishops of Durham and Salisbury the Earls of Northampton Warwick Arundel and Salisbury were appointed to hear the Answer of the Arch-Bishop to the things charged upon him by the King de choses que lui sont surmys par le Roi so as if his Answer was allowed then the King of his good Grace should hold him excused adonques le Roi de la bon grace lui tenera pur excusez And in case his Answer seemed not sufficient to the King and his Council then it was to be debated in the next Parlement and there Judgment given concerning it and in the mean time all things 6 Ibm. n. 49. touching the Arraignment of him totes les choses touchants la reinement Lercevesque de Cantirbery remained with Sir William Kildesby Keeper of the Privy Seal The next Parliament was in the 17th of Edw. III. when the King 7 Rot. Parl. 17 E. III. n. 22. The things against the Arch-Bishop to be vacated in Parlement as neither reasonable or true Note what year this was commanded that the things touching the Arraignment les choses touchants larraynement Lersevesque de Cantirbirs of the Arch-Bishop which remained in the hands of Sir William de Kildesby to be advised upon this Parliament pur aver ent avisement de ce Parlement soient adnulles ouster de tut should be annulled and totally outed or laid aside as such as were neither reasonable or true come celles que ne sont pas raisonables ne veritables and Master John de Vrford was commanded to bring them into Parliament to be vacated there The Parliament in the 15th of Edward the Third which began on Monday next after the Quinden of Easter being that year April 23. because the Prelates Earls Barons and other Great Men were not fully come pur ce que les Prelats Countes Barons antres Grantz ne sont pas pleinement venus was continued 1 Rot. Parl. 15 E. III. n. 4. from day to day until Thursday when the cause of Summons was 2 Ib. n. 5. The cause of Summons to Parlement declared declared with the common Preface That Philip de Valois who called himself King of France had wrongfully seised his Lands Seigniouries and other Possessions in the Dutchy of Guien and other-where and also as much as he could supported his Enemies the Scots against him That it had been agreed by the Prelates Earls Barons and the Commonalty of the Land in full Parliament that he should pass beyond Sea to purchase Friends Allies and Retainers to help him to conquer his Rights que nostre Seignieur le Roi se purchaseroit amys alliez retenantz qui lui purroient aider a conquer ces droictures c. to which purpose there had been granted many Aids that had been diverted and spent by some of his Officers and others to his great damage and hindrance of all his Business That he intended not to ask any new Subsidy but charged and requested very earnestly the Great Men and others of the Commons that they would Treat together and advise among themselves that is to say the Great Men by their selves and the Knights of Counties Citizens and Burgesses by themselves si ad il chargez priez en chargeance manere les ditz Grantz autres de la Comune qils se treisent ensemble savisent entre eux cest assavoir les Grantz de par eux les Chivalers des Countees Citeyns Burgeys de pas eux how he might best be served and receive the Arrear of the Ninth for the first year and how he might most speedily receive them for the second year before the Feast of St. John Baptist next coming for the Atchievement of his great Business with the aid of God and to give their Answer on Saturday next following But the Consideration of this Matter was put off until the King's Answers 3 Ib. n. 42. to the Petitions of the Great Men the Commons and Clergie were made into Statutes which were shewn to the King with certain Conditions demanded by the Great Men and Commons upon the grant of 30000 Sacks of Wooll made to him in compensation of the Ninth of the second year od ascuns conditions que les Grantz la Comune demanderent du Roi sur le grant quil ferroient a lui de 30000 * Then with the Custom about the value of 180000 l. Statutes made with Conditions sakes de leyn in recompensacion de la neofisme garb aignel toison del an second The Statutes and Conditions were read before the King and the great Officers and Justices required to Swear to the Observation of them as it might in their places belong to them The Chancellor Treasurer and some of the Justices made Protestation they neither The Chancellor Treasurer and some Justices would not consent to them consented to the making or form of them nor that they could observe them in case they were contrary to the Laws and Usages of the Kingdom which by Oath they were bound to keep yet these Statutes and Conditions were sealed with the Great Seal and delivered to the Great Men and Knights of Counties as Grantz as Chivalers du Countees Some of the King's Answers to the Articles or Petitions of the Clergy brought in by the Arch-Bishop and other Bishops are remarkable As to the second That the Liberties of the 4 Ib n 20. The King 's Answer to some of the Conditions Church and all Liberties granted to any other Estate or Persons may be observed and that the Great Charter may be proclaimed again and confirmed by Oath The King's Answer was He would the Observation of the Great Charter and other Liberties which being exemplified 5 Ib. n. 28. under the Great Seal he thought was sufficient and that there was no need of Swearing to it considering that in the Kingdom there were already too many Perjured par trop y ad parjurs en son roialme To the fifth That 6 Ib. n. 23. several of the King's Officers and others have enter'd into Religiouses Houses and Parsonages and by force taken away their Goods and further by Oaths forced upon Religious Persons and Parsons have enquired of things within their Houses and them so found have carried away his Answer was 7 Ib. n. 30 31. That he would not that any Man should enter into the Churches fee against their Liberties nor would that any of his Officers should enter into the Churches Lands or Houses to take their Goods but if Laymen to defraud him brought their Goods thither he thought himself wronged To the seventh 8 Ib. n. 25. That the Kings Officers levied of Parsons Rectors of Churches the Ninth Sheaf the Ninth Lamb and the Ninth Fleece when they ought only to have paid their Tenths the Answer was 9 Ib. n. 32. He would not the Ninths
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
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
be had And that when 1 Ibm. n. 9. And nâ—t to lay aâ—â—de his Voyage for the Pope's Letters the King should be ready to pass beyond Sea to take what God should give him pur prendre ce que Dieux lui durra upon the Exploit of this Business he would not for the Letters or Command of the Pope or any other lay aside his Voyage until he had made an end one way or other The which Prayer the King fully granted a quele preere le Roi ottroia pleynement but because it could not 2 be done without a great and agreeable Aid the Arch-Bishop Bishops Prelates and Procurators of the Clergy of the Province of Canterbury granted to the King a Triennial Aid for this Voyage granted by the Clergy and Commons Tenth les ditz Commons le samaday apres granterent nostre Seigneur le Roi pur mesme la cause deux Quinzismes de la Commonalte de la Cerre deux dismes des Citees Burghs And the said Commons granted to the King for the same cause Two Fifteenths of the Commonalty of the Land and Two Tenths of the Cities and Burghs And 3 Ibm. n. 10. after that the said Commons granted another Fifteenth apres le dite Commune grantent une autre quinzisme See for the Conditions of these Grants in the Statutes at large 18 Ed. III. translated exactly from the French on this Roll n. 14. to n. 23. which Statute was made from the Petitions of the Commons and the Answers to them and 't is called in the todding on the Roll the Charter of the Commons la Chartre enseale par la Comune and also for the Statute or Charter for the Clergy bearing Date July 8. in the 18th of his Reign which gave them many Privileges n. 24. to n. 32. In both these Statutes which are now in a manner become obsolete 't is said the Great Lay-men granted to pass and adventure themselves with the King and therefore they are not found upon the Roll to be Taxed The residue of this Year was spent in 4 Walâ— f. 164. n. 30. Froys l. 1. c. 100. Ashmâ—le f. 182. Tournaments and other Military Exercises at Dunstable Smithfield and especially at Windsor in Feastings Revellings Dancing and all manner of Jollity But it was not long after the beginning of the next Year that King Edward 5 Avâ—â— p. 103. a. c. 48. III news from Bretagne received news of what had been done in Bretagne how the Noblemen who adhered to him there were put to death and what havock and depopulation had been made in those Places under his Subjection Whereupon William de Bohun Earl of Northampton had 6 Rot. Franc. 19 Ed III. Part 1. M. 24. The King sent Defiance to Philip of Valois Commission Dated April 24. to defie Philip of Valois as a Truce-breaker his capital Enemy Persecutor and unjust Vsurper of his Inheritance the Kingdom of France And as what was done in Normandy and Bretagne against the Truce had been declared to be so by the Parlement so he wrote 7 Rot. Rom. 19 Ed. III. M. 2. n 4. He wrote 'to the Pope complaining of him to the Pope on the 26th of May following almost the same thing and made grievous Complaints to him of Philip de Valois having in the highest manner broken and dissolved the Truce The effect of his Letter the Pope repeats in his Bull or Answer to it the Original being in the Cotton Library 8 Cleopâ—tra E. 2. The Effect and Contents of K. Edward's Letter to the Pope That for avoiding the Dangers and Damages that might arise by reason of the Dissentions and Wars between Edward III. and the Illustrious King of France as the Bull hath it inter te fili carissime ac carissimum in Christo filium nostrum Philippum Regem Franciae Illustrem he had offered many ways of Peace that he might apply himself as he much desired to the Service of his Redeemer beyond Sea but was always delayed with fair Words and Treaties without effect to his great Damage His second Complaint was after a Narrative of the Truce made before Vannes That when he returned into England and had left a few Men only in Bretagne and sent his Commissioners to treat before his Holiness about a Peace as related before he received news which pierced his Soul That certain Noblemen of Bretagne were by Command of Philip taken carried to Paris and put to death And also of the great Ravage and Depopulation made in Bretagne Gascoigne and other Places 3dly That he endeavoured by crafty and secret Treaties to draw his Allies and Subjects from him and procured other things to be attempted against the Truce by Sea and Land Therefore he thought it utterly dissolved by his Adversary And now since the Time of Treaty was ended and no rational way of Peace appearing nor were the things attempted against the Truce reformed or amended but rather multiplied although by his Holiness's Letters the said King had been often required to reform them not to say any thing of his Legate that was sent into Bretagne to cause the Truce to be observed yet took the contrary part and blamed him that he did not what he ought toward an Accommodation he thought himself excused by God Holy Church and the People if seeing he could have no other Remedy in a just Cause he declared the Truce dissolved by Philip and defied him as above and renewed the War again protesting he would attempt nothing that might offend his Holiness or the Apostolick See which he desired and ought to revere or that might do Injury to any one but only with Moderation to defend himself and prosecute his Rights asserting what he did was for want of other Remedy and against his Will offering Peace when he might have a good one or by good means cum habere poterit bono modo The Pope's Answer to this Complaint begins with a most obliging The Pope's Answer to K. Edward's Complaints Compellation calling God to Witness Fili dilectissime novit 9 Ibm. Altissimus qui scrutator est cordium cognitor secretorum c. Most beloved Son the Most High knows who is the Searcher of Hearts and understands all Secrets that he had faithfully endeavoured to procure a Peace between him and the King of France without partiality and would not yet spare any Pains for the effecting of it And he tells him That those who wrote his Letters probably understood not the Truth of the Affair for that there were some things put in them and some things left out which caused notable He tells him he had not done according to the Truce Errors It was agreed by the Truce That there should be some of the Royal Blood Commissioned to Treat on either side in his Presence and though the King of France had sent several of the Royal Blood and many Prelates of great Authority as it
do the same The day of the Date and Month of this And promiseth his utmost Assistance Bull are not legible but the year is being the Fourth of his Pontificate which was the 19th of Edward III. Yet this he thought not sufficient to make his Case known to the World but first declaring his Title to the Crown of France the same as when he first claimed it he drew up what he had wrote King Edward again declares his Title to France to the Pope into a Manifesto and publisht it with this Title 9 Rex omnibus ad quod praesentes hae literae pervenerint salutem c. The King to all Men to whom these Letters or this Manifesto 9 Avesbury p. 103. a. c. 48. And put forth a Manifesto or Declaration shall come Greeting c. Which were dated at Westminster the 14th of June in the 19th year of his Reign over England and over France the Sixth Datae 1 Ib. p. 104. b. apud Westmonasterium 14 die Junii Anno Regni nostri Angliae decimo nono regni vero Franciae sexto About Michaelmas following 2 Ib. Du Chesne f. 661 662. He sends an Army into Gascony and takes 47 Towns great and small King Edward sent Henry Earl of Derby Son of Henry Earl of Lancaster with the Earl of Pembroke and Sir Walter Manny into Gascony with a considerable Force where he took the strong Town Bruggerac at the first assault and forty six other Towns great and small which Philip de Valois had injuriously taken and detained from the King of England the last of which was the Town and Castle of Auberoche After which the Earl of Derby with the Earl of Pembroke and Sir Walter Manny retired to Burdeaux upon notice whereof the Earl of Laille King Philip's Lieutenant in Gascogne brought together a great Force and besieged Auberoche To the Relief whereof the Earl of Derby coming he obtained a great Victory and took many Noblemen and great Officers After Easter 3 Avesbury p. 105. a. c. 50. Du Chesne f. 663. D. A. â— 1346. 20 E. III. next year John Duke of Normandy Son and Heir to Philip of Valois besieged the Town of Agâ—illon in Guien in which was a strong Garrison placed by the Earl of Derby and well provided For the relieving of this place and to reinforce King Edward the Prince of Wales and many Noblemen the Earl of Derby King Edward raised an Army and in Person with the Prince of Wales then Seventeen years of Age and many of the Nobility intended to pass into Guien but the Wind being cross and the Weather stormy he was persuaded 4 Ib. Du Chesne Aves by Geoffrey of Harcourt an Outlaw and Exile of France Lord of St. Saviours the Viscount in Constantin in Normandy and one of Land with an Army in Normandy his Marshals to land in Normandy and he did so on the 12th of July being Thursday land at La Hogue What he did after his landing and in his march toward Caen and of his taking of that City and other things Avesbury 5 Ib. p. 105. a. c. 51. hath delivered in a Transcript of the Journal of Michael de Northburg an able Clerk and one of King Edward's Counsellors who went and was with him all the while Where he landed 6 Ibm. What he did there after his Landing for the unshipping of his Horse and refreshing of himself and Army and baking of Bread he stay'd six days While he stayed there a Party went off to Barfleur and burnt the Ships in that Harbour Eight of which had Castles before and behind des queux huit avoient chastiel devant decere After the Party left the Town the Mariners burnt it The first of the King's March was to Valoignes where he stay'd only one night and found sufficient Refreshment From thence he marched to Carenten where were found plenty of Wine and Victuals Much of this Town was burnt notwithstanding the King did what he could to preserve it From hence he marched to St. Lo where the People with some Soldiers seemed to make resistance in this place he found a thousand Tun of Wine besides great store of other Goods Next night he lodged in an Abby and his Army was quartered about him in Field Villages son host as villes champestres entour luy which in Parties made inroads into the Country robbing and destroying five or six miles about every day and burning Towns in many places chivacherent les gentz del host robbantz destruantz cinque od sis lieus environ toutz les jours arderent en plusors lieus Three or four days after his removal from this Abby he came before Caen in which were the Constable of France and the Chamberlain of Tanquerville with a great Force for its defence The King took it by assault with a great slaughter of Knights Esquires and other People and made Prisoners the Constable and Chamberlain with 500 Knights and Six or sevenscore Squires In the Town were found Wine Victuals and other Goods and Chattels without number furent troue en la ville vines victualles autres biens chatieux santz nombre When the King removed from Hoges 7 Ib. in the same Journal Qu. whether not Rothness How he burnt and destroyed the Country there were about 200 Ships stay'd there which sailed to Rothmasse and went on Shore and burnt the Country two or three Leagues lieues within the Land and took much Goods and brought them to their Ships From whence they went to Cherburg a good Town where was a strong Castle and noble Abby all which were burnt as were all things and Towns upon the Sea Coasts from Rothmasse to Hostrem upon the Haven of Caen about Sixscore English miles There were then also burnt Sixty one Ships of War with fore-Castle and hind-Castle ount ars 61 niets de guerre od chastel devant derere with 23 Cayers and other small Vessels of about 30 Tuns From Caen he marched to Poissy upon 8 Avesb. p. 100. c. 54. the River Seyn where he repaired the Bridge that was broken down and passed the River on the morrow of the Assumption of the Virgin Mary or 16th of August after he had defeated several great and strong Parties who came to hinder his passage and killed many of them The Bridges were every where broken down and guarded to hinder his passage so that he could not march very fast and therefore he had time to plunder and ravage the Country to burn most of the good Towns and Villages he past thro or came near as may be seen in Froissard 9 L. 1. c. 122 123 124 125 126. and Du Chesne 1 F. 664 665. At length he came to the River Soam in Ponthieu and Picardy which he passed at a Ford called Blanchtaque between Abbeville and the Sea 2 Avesb. p. 109. a. c. 54. The Battel of
Cressy where was placed an Army to oppose him which he routed killed 2000 and took a great number of Knights and Esquires the rest fled to Abbeville From hence King Edward marched leisurely toward 3 Ibm. Cressy in Ponthieu his Army burning and harassing the Country where the King of France joined Battel with him on Saturday the 26th of August 4 Walsingh f. 166. n. 30. The Victory was obtained by the English There were slain on the French side 5 Avesb. ut supra What Great Men were slain the King of Bohemia the Duke of Lorrain the Earls of Alanson Flanders Lewis of Blois the Earl of Harecourt Geoffry of Harecourt's Elder Brother and his Two Sons the Earls of Albemarl and Savoy the Archbishop of Nismes and Bishop of Sens six German Earls and many other Earls Barons and Lords The 6 Froiss l. 1. c. 130. English Army was ranged in Three Battles the Prince of Wales headed the first the Earl of Northampton the second and the King himself the third 7 Ibm. The King of France fled only with five Barons Sir John of Haynault who had left King Edward's Service Sir Charles of Montmorancy the Lord of Beaujew the Lord Daubery and the Lord Montfort to Bray Castle and so to Amiens On Sunday morning came several 8 Ib. c. 31. The number of the slain Reinforcements and great Bodies of Frenchmen to their King's Army as they thought not knowing what had been done who were all routed many taken and great numbers stain That day in the afternoon King Edward sent to have the dead viewed and numbred 9 Ib. c. 32. In that Battel by Two Barons and Three Heralds At their return to the King they gave him an account of Eleven great Princes Fourscore Banners 't is Froissard's Word Twelve hundred Knights and more than Thirty thousand Ordinary Men. From Cressy the King marched to 1 Avesb. f. 109. b. c. 55. A Parlement called Calais and laid Siege to it on the Third of September Upon his last passage into France 2 Rot. Parl. 20 E. III. n. 6. the King and Lords that accompanied him and also the Great Men of his Counsel that were in England agreed and ordered there should be a Parliament summon'd to meet at Westminster on the Munday next after the Nativity of the Virgin Mary 3 Ibm. The King sâ—nds to inform the Parlement of his success and progress in France To this Parliament the King sent from the Siege of Calais Bartholomew Burghersse John Darcy his Chamberlain Mr. John de Thoresby Keeper of his Privy Seal and John de Carleton to inform them of the State of his Affairs and to propound and declare some things to them in that Parliament that concerned the Honour of God and the Church the Defence and Quiet of the Kingdom of England and his War in France and also other things that were to be done These Letters of Credence or this Commission 4 was dated before Calais on the 4 Ibm. 7th of September and directed to the Arch-Bishops Bishops Abbots Priors Earls Barons and other his faithful Subjects in Parliament aliis fidelibus suis in Parliamento suo c. which when read Bartholomew Burgersse for himself and Companions pur lui pur ses compaignons in presence of the Guardian of England Leonell the King's Son the Prelates and other Great Men there named 5 Ib. n. 7. shewed the Graces God had given to the King to the Great Men and others with him after their landing at La Hogue monstra les graces que Dieu avoit donez a nostre Sir le Roi c. by a short Account of his Progress and Success in Normandy the Battle of Cressy and his besieging of Calais from whence he resolved not to depart until he had taken the Town and that then he would draw toward his Adversary pursue his Quarrel and not return into England until he had ended the War beyond Sea with the help of God 6 Ibm. And to desire an Aid For the accomplishment of which things the said Messengers a queu chose pour faire les ditz messages prierent c. prayed the Prelats Great Men and Commons that they would Treat and Advise about an Aid and Means to perfect that which had been so graciously begun for that by common assent in Parliament at the time when the King 7 Ibm. undertook this War they all promised that they would assist him with their Bodies and Goods to their power touz lui promistrent qils lui eideroient de corps d'avoir a lour poair At the same time they produced an Ordinance 8 Ibm. The Ordinance of Normandy produced in Parlement or Agreement made by the King's Adversary and some Great Men of France and Normandy to destroy the whole Nation of England and the English Language And to put this Design in Execution the Earl of Eu then Constable of France and the Chamberlain of Tankerville were to raise a great Army for that purpose but as it pleased God they were both taken at Caen and many of their Men there killed and taken so as the intended destruction of the English was defeated This Ordinance is 9 Ib. n. 8. enter'd upon the Parliament Roll and there in the Todding called L'Ordinance de Normandie The Ordinance of Normandy 'T is pretty long but the most Material things were That the King of France his Eldest Son John Duke What it was of Normandy as General with the Nobles and others of that Dukedom should pass into England with Four thousand Men at The design to invade and conquer England Arms Knights Esquires and Men of good Estate and Forty thousand Foot And if this Invasion could not be made that year then it was to be the next year and so in any other year at a convenient time during the War Or if this Invasion should not be made the Country of Normandy was to serve him with the same number of Men at Arms and Twenty thousand Foot in any other place where the King Duke or either of them should be in Person It was 1 Ibm. How England was to be divided in case of Conquest also agreed That if by God's assistance England were Conquered the Conquest should be made in the Name and Honour of the Duke and that all that the King of England enjoy'd should be his as King and Lord with all his Rights and Honours And what the Nobles Barons and other Seculars possessed was to be enjoy'd by the Church Barons Nobles and Noble Towns of Normandy que les Nobles les Barouns autres Seculars y on t serra demorra as Esglises as Barouns Nobles as Noble villes de Normandie That the Pope and Church of Rome should safely enjoy what they had without diminution and that whatever had been taken from the Scots by War or otherwise should be restored fully and entirely without delay
K. Edward according to the French Historians him at Sea did not admit them to these Terms as the French Historians Froysard Du Chesne de Serres and Mezeray report until they sent Six of their Chief Burgesses bare-headed and bare-footed in their Shirts with Ropes about their Necks to deliver the Keys of the Town and Castle to him with a total Submission to his Pleasure He was greatly resolved to put them to death but his Queen then in the Camp by an importune Intercession obtained their Lives 'T is very remarkable That as the same Historians say at a Meeting of the Townsmen to appoint or chuse the Six to send out they were in great Difficulties and Perplexity Eustace of St. Peter the most Noted of them to save his Fellow Burghers offered himself to be one by whose Example there soon followed others to make up the Number 9 The same Historians The Keys thus delivered and the King in possession of the Town all the old Inhabitants were removed by his Authority and it was new Peopled with English to whom he gave all their Goods 1 p. 116. a. c. 8. Avesbury reports none of those Terms but gives a more fair account of of the Usage them Robert of Avesbury hath nothing of this Relation of the Six Burghers being demanded or thus sent out he only says That the Besieged wanting Victuals and hopeless of Relief ipsam villam ac se sua omnia voluntati Domini Regis Angliae reddiderunt idem Dominus Rex semper misericors benignus captis retentis paucis de Majoribus Communitatem dictae villae cum bonis suis omnibus gratiose permisit abire rendred the Town themselves and all they had to the King's Will who always merciful and kind retained only a few of the Chief Persons and graciously permitted the Community of the Town to go away with their Goods Soon after the taking of 2 Rot. Cales 22 Ed. III. M. 4. Calais by the Mediation of the Cardinals the Earls of Lancaster and Huntington Ralph Lord Stafford Walter de Manny and others had Commission to Treat of a Truce with the Commissioners of Philip de Valois which was concluded A Truce made at Calais affirmed and sworn to on the 28th of September 1347 to continue till 15 Days after Midsummer next following 3 Aves p. 116. b. â—17 a. c. 69 70. The Chief of the Articles were the same with the Truce made before Tournay In a very short time after having settled the Town with his Affairs in those Parts making Sir Amery de Pavy an Italian Governour thereof 4 Wals f. 167. n. 50. K. Edw. returns into England he returned into England with great Glory and Renown The Number of King Edward's Army at this time in France Normandy and before Calais besides the Lords 5 Append. n. 92. The number of his Army What their Pay for a year and 21 weeks was 31294. And the whole Pay and Wages of this Number from the 4th of June in the 20th Year of his Reign to the 12th of October in the 21st of his Reign being a Year and 131 Days amounted to 127201 l. 2. s. 9 d. ob as appears by the Particulars Within 5 or 6 Weeks after his Return on the 13th of November he sent forth 6 Claus 21 Ed. III. Part 2. M. 9. Dors Summons for a Parlement Writs of Summons for a Parlement to meet on the morrow of St. Hillary or 14th of January The cause 7 Rot. Parl. n. 4. The cause of Summons of Summons by William de Thorp Lord Chief Justice was declared to be for two things First concerning the War with France undertaken by Consent of the Lords and Commons The Second how the Peace of the Nation might be kept And that within four Days they should give their Answer to the King and his Council what they thought of these things The fourth Day the Commons declare 8 Ibm. n. 5. The Commons not able to advise any thing concerning the War That they are not able to advise any thing concerning War and therefore desired to be excused as to that and that the King will be advised by his Nobles and Council and what shall be by them Determined they would Consent unto Confirm and Establish To the second they answer 9 Ibm. n. 70. The Commons Advice to the King about keeping the Peace Having been long in Parlement they desire to be dismissed Whereas they were charged to advise the King how the Peace of the Land might be better kept That in every County there should be Six Persons of whom Two to be the Greatest of the County Two Knights and Two Men of the Law or more or less as need should be and they to have Power and Commission out of the Chancery to hear and determine Matters concerning the Peace c. And then because they had been so long in Parlement to their great Costs and Mischief they desire the Answer to their Petitions and a Dismission 'T is probable the King received not the Satisfctaion he expected Summons to Parlement from this Parlement for within a Month and 3 Days after the firstday of the Meeting thereof he issued 1 Rot. Claus 22 Ed. III. Part 1. M. 32. Dors Writs for Summoning another that is to say on the 14th of February to meet on Monday next after the Sunday in Midlent On which Day because the Great Men Summoned were not fully come the Parlement was continued until the next Day and for the same reason unto Wednesday Pur ceo que les Grantz gestoient somons ne furent pas pleynement venuz fu continuez tanque le Mardy prochien suant pui pur mesme la cause du dit Mardy tanque a Meskerdy When Monsieur 2 Rot. Parl. 22 Ed. III. n. 2 3. The cause of Summons declared William de Thorp Chief Justice propounded the Causes of Summons fully also contained in the Writ which were two The first That according to the Truce made at Calais between the King and his Adversary of France certain Messengers were to be sent to the Court of Rome on both Parts to treat of a smal Peace between them That King Edward had sent his competent Messengers to find the Disposition of the Pope concerning some Preparatories for the Treaty and other things about the Feast of St. Andrew last past in hopes to have heard from them in his last Parlement of whom or of what they had done he had then received no certainty and for that many notable things had been agreed last Truce in favour of him his Subjects and Allies by the Malice of the adverse Party were not then accomplished And also for that his said Adversary contrary to his Faith given concerning the then hoped-for Peace had provided a very great Multitude Trop grant multitude des Gentz d'Armes of Men at Arms and others with Ships and Gallies
of greater Force than at that time had ever been heard of que cea en arere ad este oi to invade England destroy the Nation the King and his Subjects as it manifestly appeared by what he had shewn and did show every day The other cause was to know how and in what manner the Peace of the Land might be best kept and then the Commons were commanded to treat together and take good Advice how the Malice of the King's Adversary might be resisted and for the Safety of himself and Kingdom how he might be Aided to his greatest Profit and the least Charge to his People The Commons having advised together gave the Answer following To their most Honourable and most redoubted Liege Lord his poor Commons 3 Ibm. n. 4. shew A lour tres Honurable tres Redoutez Seigneur Liege monstre sa pour Comune That at his last Parlement he sent the Noble Earls of Lancaster and Northampton autres Grantz and other Great Men to tell them That he intended not to take any thing of or charge them which they had published to the whole Land for which they had also thanked him according to their Knowledge as much as they could and prayed for him Night and Day prient pur lui nuyt jour and yet at this present Parlement upon News now come pur noveles que sont venuz he demanded a The Commons Grievances and Complaints very great Charge of his poor Commons un trop grant Charge da sa povre Comune They desire his Nobleness and most High Lordship he would please to understand the Mischiefs and Burthens of the Commons That is to say the reasonable Aid which had been pardoned in his 14th Year that is a Grant was made it should not be paid all his Reign to wit 40 s. upon every Knight's Fee to make his Eldest Son Knight whereas by Statute there was but 20 s. due upon every Fee Fifteenths of the Commons Tenths of Cities and Burghs Men at Arms Hobelors Archers taking of Victuals without paying for them Guarding the Sea and also the Subsidy of Wooll by reason whereof every Sack of Wooll that was the Treasure of the Land was sold for 40 s. less than its Value So as it would be a great Trouble to the Commons to bear any Charge Yet The Conditions of the Grant of an Aid nevertheless so as the Aid now to be granted might not be turned into Wooll neither by way of Loan or Value or in any other manner nor levied too hastily but in the Form it was to be granted and that the Eyres of Justices in the mean time might cease as well of the Forest as of Common Pleas and General Enquiry in the whole Land if this Aid should be levied That no Subsidy upon Wooll for the future may be granted by the Merchants That no Imposition Loan or other Tallage or Charge whatsoever shall be put upon them by the Privy Council without their Grant and Consent in Parlement That Two Prelates Two Lords and Two Justices might be assigned to hear and dispatch their Petitions which were not answered in the last Parlement and that their Petitions in this Parlement might also be answered according to Reason and the Answers to remain in force without being changed or altered That the Justices do enquire of False Money which destroys the People That David Bruys William Douglass and other Chieftains of Scotland may in no manner be released neither by Ransom nor upon their Faith That he would restore the 20000 Sacks of Wooll taken of the Commons by way of Loan That an Aid to Marry his Daughter might not be taken the mean time and That there might be no Marshalcy in England except that of the King or the Guardian of England when he was out of the Kingdom Vpon these Conditions and otherwise not sur cestes Conditions autrement nient and also that they may be entred in the Parlement-Roll as Matter of Record come chose de Record by which they might have Remedy if any thing should be done to the contrary in time to come The said poor Commonalty to their very great Mischief Grant to the King si grante la dite povre Communalte a lour trop grante Mischief a nostre Seigneur le Roy trois Quinzismes c. three Fifteenths to be levied in three Years to begin at Michaelmas next coming so as every Year one Fifteenth may be levied and no more at two Terms in the Year St. Michael and Easter by even Portions and that this Aid may be assigned and reserved only for the War and not to pay Debts And if the War should cease or a Truce be made then the Fifteenth of the last Year not to be levied That of these Conditions and the manner of this Grant Letters Patents shall be made and sent into all Counties without paying any thing for them wherein shall be made mention of the great Necessity the King was in after the last Parlement And in case the War should break out toward Scotland the Aid granted beyond Trent should be employed for the Defence of those Parts as it had been formerly About this time Lewis of Bavaria being dead several of the The Electors offer to chuse K. Edward Emperor of Germany Electors met at Colen from whence they sent Ambassadors to King Edward and offered to Elect him Emperor of Germany 4 Claus 22 Ed. III M. 20 Dors A. D. 1334. He refuseth their Offer in Return to which Offer he sent Sir Hugh Nevill and Ivo de Glinton Canon of St. Paul with his Refusal of that Dignity and great Thanks for the Honour they intended him The time of the Truce of Calais being near expiring 5 Rot. Fran. 22 Edw. III. M. 13. Several Truces continued and made the King upon the Pope's sending Commissioners either to prolong the Truce or Treat of a final Peace the former was agreed for six weeks Which Term being ended the Ambassadors on both sides met between Guines and Calais and agreed to another Truce to begin on the 13th of November and continue to the first of September 1349 Which Truce on the second of May that year 6 Rot. Fran. 23 Edw. III. M. 9 10. Dors was prorogued to the Feast of Pentecost 1350. The Articles were much the same with those of the Truce before Tournay A. D. 1340 and of that before Vannes A. D. 1343. This year says Walsingham was 7 F. 168. n. 10. Glorious in England for Peace Victories the Spoils of Caen Calais and other Towns and Cities in France as also for Garments Furs Gold and Silver Vessels and other rich Vtensils which were seen almost in every House and that then it was the English Dames began to pride themselves in the Apparel The English Women imitate the French in Apparel of the French Dames In a very short time after the Truce as above was concluded the Lord Geofrey Charny
him many Noblemen and Manning it well with Men at Arms Archers and Seamen about the latter end of this month engaged them before Winchelsey 3 Ib. p. 121. a. c. 77. They make a Truce and took Twenty four large and rich Ships after which Sea Battel the Spaniards made a Truce for Twenty years The Truce 4 Rot. Fran. 23 Edw. III. M. 9 10. The French Truce prorogued above-mentioned that had been made between Calais and Guines on the 13th of October 1348 to continue unto the first of September 1349 was the 2d of May preceding Prorogued so the Word in the Record to the Feast of Pentecost in the year 1356. In August that year Philip of Valois as above died and his Son John succeeded 5 Ib. 24 E. III. M. 2. on the 25th of November next following Commissioners were appointed to Treat with his Commissioners to confirm the last Truce made with his Father to the first of August then next to come which was to be in the year 1351 and 25th of Edward III. Upon a new Treaty this same Truce 6 Ib. M. 8. Dors The same Truce continued Hostilities committed notwithstanding the Truces was proclaimed to continue a whole year longer until the first of August next after that first of August which was to be in the year 1352 and 26th of Edward III. Notwithstanding these Truces were in being there was often something enterprised by each Party against the other 7 Avesbury p. 121. a. c. 78. A. D. 1351. A. D. 1351. 25 Ed. III. The French besieged the Town of St. John de Angely in Xantogne in the year 1351 and made themselves Masters of it 8 Ib. b. c. 80. The English surprised the Castle of Guines the Governor having been corrupted with Money which King Edward pleasantly excused as 9 F. 372. Mezeray hath it saying Truces were Merchandise and that he did no more than follow the Example of King Philip who would have bought Calais This year the King issued his Writs 1 Rot. Clause 25 Ed. III. M. 5. Dors on the 15th of November for summoning a Parlement to meet on the Feast of St. Hillary or 13th of January which was on Friday 2 Rot. Parl. 25 Ed. III. Part 2. n 1. Summons to Parlement from that day it was continued to Monday because many of the Lords were not come and then until Tuesday the Fifth day of the Parlement when Sir William de Shareshall in the presence of the King Lords and Commons 3 Ib. n. 7. The cause of meeting declared declared the cause of Summons setting forth the King's Title to the Crown of France telling them That Philip of Valois had usurped it all his Life and not only so but moved War against him in Gascoign and other Places seising upon his Rights and Possessions and doing the Mischiefs to him by Sea and Land which they well understood in subversion of him and his Realm of England and that in Parlements before that time the Matter had been propounded in behalf of the King and the Great Men as also the Commons had been requested to give their Counsel and Advice fut prie de sibien as Grantz come as Comunes qils ent vorroient doner lour conseil advis what was best to be done and after good Deliberation had they said They knew no other way to advise him than to procure Allies to go against his Adversary by main Force and to do this they promised to aid him with Body and Goods a ceo fair ils lui promistrent de lui aider de corps de avoir Whereupon the King made Alliances beyond Sea and with their Assistance and the help of his good People of England he made War upon him because he could not have a reasonable Peace That the King and his Adversary had often assented to Truces yet his Adversary during those Truces imagining to subdue and deceive the King broke them every way continuing his Malice against him and his Friends That now John his Son after his decease continuing the same wrongs his Father had maintained possessed the Kingdom of France and contrary to the last Truce confirmed and sworn to by both which he had broken in Gascoign and Bretagne and also upon the Sea and had sent to Scotland to continue the ancient Alliance made between them wholly in Subversion and Destruction of the King and his People of England Wherefore the King first of all much thanks his Commons for the Aids they have made him and for the Good-will he had always found in them pur quoi tut ad e primes nostre Seigneur le Roi mercie molt a ces Comunes des Eydes qils lui ont faitz de lour bone volunte qils ad totes voyes trouve en eux c. and prays them les prie they would advise upon these things until Wednesday tant a cest meskerdy preschien suant which was next day and be at Westminster by Sun-rising taust apres le solail lever in the Painted Chamber to deliberate and to hear if the King would say any thing further touching the cause of his Parlement and to shew the King their Grievances if they had any that Remedy might be given them this Parlement Afterwards 4 Ib. n. 8. A Committee of Lords and Commons to meet to confer upon the Business of this Parlement The King sent the Lords or Great Men to them Sir William charged the Commons on behalf of the King le dit Sire William chargea les Comunes de par le Roi to shorten their stay in Town and for the quick dispatch of these Matters and others that might be shewn them from the King that before their departure they would go together in some place at Westminster to choose 24 or 30 Persons out of their whole number to be on the morrow in the Painted-Chamber that the King might send to them some Great Men aucunes des Grantz to confer with them upon the Business aforesaid On Friday 5 Ibm. all the Commons came before the Prince and the other Great Men les autres Grantz in the White Chamber The cause of Summons further declared and inforced where Sir Bartholomew Burghersh gave them an Account of the Malice and falshood of the King's Adversary of France ou fut dit par Monsieur Barthen de Burghersh la Malice la Fausine de son adversair de France how he had broke the last Truce and that lately upon the Sea in Gascoign Bretagne and near Calais and indeavoured by all the Subtilties and Contrivances his Council knew to trouble the King and his Subjects every where and said the Commons ought diligently to advise what seemed and what might be best to do for the King to oppose and check the Malice and falshood aforesaid for the safety of himself his Kingdom and all his Subjects And presently after this Declaration the said Sir William told
the Commons if they had any Petitions of Grievances done to the People or for the amendment of the Law they should bring them into Parlement and told the Prelates and Lords they were to attend the Business of all Persons Petitions in the Places where they were assigned And then after a long 6 Ib. n. 9. Treaty and Debate by the Commons that is the 24 or 30 Persons chosen to confer with the Great Men sent to them by the King with the Commonalty and the Advice of the Great Men sent to them as well about a convenient Ayd to the King to oppose the Malice of his Adversary as about making the Petitions concerning the common People of the Land puis apres longe Trete Deliberation eues pur les Upon Treaty of the Committee and Advice of the Lords sent to them Comunes ove la Comunalte lavis de ascuns des Grantz a eux envoies sibien sur un eide que convendroit a Roi c. The Commons came before the King and all the Great Men in Parlement vindrent les ditz Comunes devant nostre Seigneur le Roi touz les Grantz en Parlement and shewed how the Common People of the Land were much impoverished by the late Mortal Pestilence as by other Burthens Taxes Taillages and many other Payments laid upon them but notwithstanding these Mischiefs having regard to the necessary Defence to be made for the safety of the Nation against so great Malice of the Enemies of the Kingdom delivered to the King in full Parlement a Roll baillerent a le Roi en Parlement une A Roll of an Ayd and the Petitions of the Commons was delivered to the King Roul c. containing as well the Ayd which they had intirely with one accord granted as the Petitions touchant la comune de la terre concerning the Commons of the Land to which they prayed the King to give a good and quick Answer bon hastif Respons He granted their Prayer and Thanked them for the great Ayds given him before and for that now granted and for the good Will and Nature which he had always found in his Commons before this time and now finds in this Affair Then follows the Grant 7 Ib. n. 10. The Ayd of Three Tenths and Three Fifteenths granted to the King this Parlement by the Great Men of the Land and the whole Commons Grantees a nostre Seigneur le Roi en cest present Parlement par les Grantz du Roialme par tote la Comune c. for the great necessity declared to the said Commons by the King and Great Men par le Roi les Grantz avantditz to be paid as the last Tenths and Fifteenths were in Three years c. upon the Conditions following To wit 8 Ib. n. 11. The Conditions of the Ayd That all the Fines Issues Amerciaments Profits and Excesses levied or to be levied upon the Labourers Artificers Regrators c. go to the Commons toward this Tax c. as in the Statutes at Large now nothing to the purpose and so the Answer That hereafter 9 Ib. n. 12. no Tax Taillage Ayds or Charges be demanded or levied of the Commons and that all the reasonable Petitions prayed by the Commons may be granted confirmed and sealed before the departure of this Parlement As to Tax and Taillage 1 Rot. Ib. The King's Answer 't is not the intention of the King or the Great Men ne des Grantz they should ever be charged As to granting their reasonable Petitions the King is pleased it should be done Also the Commons pray 2 Ib. n. 16. the Loans that were granted to the King by many Persons of the Commons may be released and none compelled to make such Loans for the future against his will for that 't was against Reason and the Franchise of the Land and that Restitution might be made to those that had made the Loans The King 3 Rot. Ib. The King's Answer is pleased it should be so Also That whereas the Justices 4 Ib. n. 17. assigned in divers Counties have judged many Men that were Arraigned before them as Traitors for divers Causes unknown to the Commons to be Treason That the King by his Council par les Grantz Sages de la Terre and by the Great and Wise Men of the Land would please to Declare the Points of Treason in that Parlement The 5 Rot. Ib. The Answer Answer was as in the Statute of the 25th of Edward the Third Cap. 2. The next year about the beginning of August Sir Walter de 6 Avesbury c. 81 82. p. 121. b. 122. a. b. A. D. 1352. 26 Ed. III. A great Victory obtained over the French in Britany Bintley the King's Governor of Britain and Parts adjoining with a small number of English in respect of the great Army a Marshal of France had encompassed them with in the Plains near the Town of Mauron obtained a considerable Victory having killed Sevenscore Knights and as many Escuyers and Men at Arms as made the number 500 besides Common Soldiers without number and many taken Prisoners according to his own Relation in a 7 Ibm. Letter to the Lord Chancellor John Thoresby Bishop of Worcester and soon after Arch-Bishop of York in which he mentions the Names of those of the best Quality that were slain or taken On the 6th of December * Mezeray fol. 372. Pope Clermont the Sixth dies Innocent the Sixth succeeds Pope Clement the Sixth died and Cardinal Stephan de Albret Bishop of Clermont succeeded him the 18th of the same month a Limosin by Birth and took upon him the Name of Innocent VI. In the 27th of his 8 Clause 27 Ed. III. M. 12. Dors A great Council summoned Reign he issued his Writs July 15 by which he summoned a great Council to meet at Westminster on Monday after St. Matthew the Apostle 9 Rot. Parl. 27 Ed. III. n. 31. or 9. The causes of it declared on the 7th of October The King Prelates and Great Men le Roy Prelates Grants being in the 9 Rot. Parl. 27 Ed. III. n. 31. or 9. The causes of it declared White Chamber les coes appellez the Commons were called and Monsieur Bartholomew de Burghersh the King's Chamberlain told them That the King thinking how he might best Ease his People who had been often charged with Impositions and great Ayds by reason of the War against his Adversary of France who detained his Rights and Heritage of the Crown of France had sent lately the most Noble and Excellent Persons of his Realm the Arch-Bishop of Canterbury the * He was created the the first Duke of Lancaster on the 6th of March 25th of Ed. III. See pat 25 E. III. p. 1. M. 18. Duke of Lancaster and other Prelates and Great Men to Guynes to Treat with the Deputies of his
effect for the Faults found with it on the part of his Adversary pour defaute coupe trove de la part son Adversair That while his Ambassadors remained there the King of Navarre who about two Years before had Married 3 Mezeray f. 372. The King abused and cheated by the King of Navarre Jane the King of France's Daughter had complained often to the Duke of Lancaster of the 4 Rot. Parl. ut supra Wrongs and Hardships he had suffered from the King of France affirming upon his Oath he would willingly enter into an Alliance with the King against his Adversary with all his Power and pressed him so often that at last the Duke promised an Alliance if the King pleased That thereupon he engaged to make himself as strong as he could with Ships and Land Forces and come to the Isles Guernsey and Jersey to affirm and make good the Alliance pur affermer secure lalliance That for this cause upon the Duke's return into England the King informed of this Agreement caused to be got ready an Army and Fleet of great Ships with which he sailed out of the Thames towards the Isles and the Winds being contrary with much trouble got to Portsmouth and there staid so long as he received certain Intelligence the King of Navarre would not proceed in or had quitted the Alliance que le Roy de Navarre entre lesse la dite Alliance against his Promise and Oath and was become an Allie of his Adversary Whereupon the King returned with his Fleet and Forces nostre Seigneur se retourna ove sa Navie Gentz and seeing he could not have Peace and the Alliance failed and also that his Adversary made himself strong with Men at Arms and other Forces near Calais thinking to have a speedy Battel with him he resolved The King passeth to Calais with his Fleet and Army His Foreign Allies with his Fleet and Army to pass over to Calais That when he was landed by Advice of his Council he Mustered his own Forces and those of his Allies which he found there as those of Monsieur Henry de Flanders Monsieur Frank de Vanhale and other People of Almain in great number and marched out of Calais on the Feast of All-Souls or 2d of November toward the He could not provoke the King of France to Battel Places where by Spies or other means he could be informed his Adversary was that he might bring him to a Battel But to avoid that he fled Night and Day the King pursuing him wasting and burning the Country throughout degastant ardent bruillant le pays par tut until by Assent of his Council because his People were much wearied for want of Wine having drank His Men wearied for want of Wine only Water for near four Days per cause que les Gentz fuerent molt lassez pur defaute de Vin ne buerent que de eau bien per quatre jours he returned toward Calais where he designed to have fought his Enemy but he came not Then he paid off his Allies very He pays off his Allies and returns into England frankly they having been there a long time and returned into England to his Parlement After this Relation the 5 Ib. n. 10. Commons were told by Sir William Shareshull Chief Justice of the Kings-Bench They ought to have regard to the great Trouble the King had endured for the Defence and Safety of the Kingdom and of his Readiness to march into Scotland against his Enemies who had taken the Speedy Advice desired of the Parlement The King desires to finish the War with France Town of Berwick by Force And that to shorten the Time of Parlement and their stay in the Town they were to give speedy Advice what was best for the King to do to make an end of the War with France which he desired sovereignly or above all things might be done with dispatch quel il desire sovereignment que soit fait en hast and how he might be best aided to do it to the least Grievance of his People and most Profit to himself he gave them time to answer until Friday next following en sur ceo les dona jour de Respons de Vendredy preschien suant and in the mean time to prepare their Bills and Petitions and bring them into Parlement 6 Ibm. n. 11. A quen Vendredy vindrent les dites Comunes en la presence nostre dit Seigneur le Roy Prelatz Grantz assemblez en la Chambre blanche el eue illoques une brief parlance ove les dits Grantz Granterent uniement c. On which Friday the Commons came into the presence of the King Prelates and Great Men assembled in the White Chamber and having there a short Conference A Subsidy of 6 years granted to the King with the said Great Men Granted uniemen dune accort unanimously and of one accord to the King the Subsidy of Wooll Leather and Woolfel's for six years next coming So as during that time the King should not put any Impositions or other Charges upon the Commons and then they brought their Petitions before the King who answered them Avesbury in his 7 p. 126. a. b. c. 95. His Expedition into France Narrative of the King's Expedition into France tells us That after his return to Calais on Wednesday the Feast of St. Martin or 11th of November the Constable of France and others met the Duke of Lancaster the Earl of Northampton and Sir Walter Manny at the end of the Causway of Calais and by Letters of Credence from their King offered Battel to the King of England on Tuesday following The English Lords answered by the King's Command de Praecepto Regio That it was his Intention as much as he could to avoid the Effusion of Christian Blood and therefore desired to fight Body to Body with his Adversary so as the whole Right to the Crown of France might be decided by this Battel between them two And if this was refused That each of them should take to him his Eldest Son and if he admitted not that Then both to chuse Two Three or Four Knights the nearest to them in Blood to be joined to them and their Sons that so the Right to the Kingdom of France might be finally determined and that he who was Conquered should yield it to the Conqueror Which Offers the French refused standing to their Proposition of Fighting on Tuesday The English offered to Fight the next Day or Saturday The French persisted in their First Offer which the English accepted upon Condition That if they could not bring their King to Battel on that Day they should render themselves Prisoners to the King of England as in like manner they would render themselves Prisoners to the King of France if they brought not then their King to Battel The French refused this Offer and the English thought they trifled with King Edward
and put Cheats upon him that by Delay and his great Expences he might be weary of the War The King staid and expected the French on Tuesday but none came 8 Froys lib. 1. c. 155. Du Chesne f. 674. D. Mezer. f. 373. 8 The French Writers make a contrary Story of this They say That after King Edward had ravaged and burn Bolognois and Artois as far as the Town of Hisden which nor the Castle he could not take he returned to Calais That the King of France having Rendezvoused his Army at Amiens marched to Hisden and pursued him to St. Omers and from thence sent to him Arnold de Andreghen Marshal of France and other Knights to let him know he would Fight with him Body to Body or Power to Power when and in what place he pleased which he refused returning into England and King John to Paris Before this Action of his Father 's near Calais on the Nativity of the Virgin Mary or 8th of September 9 Aves p. 125. b. cap. 93. The Prince goes into Gascoigne the Prince with the Earls of Warwick Suffolk Salisbury and Oxford with 300 Ships and a good Force in them set Sail from Plimouth into Gascoigne and in a short time after his arrival 1 Ibm. Marched to Narbon burns and destroys the Country marched from Burdeaux to Narbon seated as it was then called on the Greek Sea now the Mediterranean laid waste burnt and destroyed all the Cities Walled Fortified and other Good Towns in his March backwards and forwards except the City 2 Ib. 129. b. Tholose in which were the Constable of France the Marshal de Clermond and Earl of Armanak with a great Force to defend it The time of these Burnings Plunderings and Destroyings was two Months before the Return to Burdeaux a Journal whereof is to be seen in a Letter from the Prince to the Bishop of Winchester then Lord Treasurer Dated on A. D. 1355. 29 Edw. Iâ—I â— Christmas-Day and another more exact from Sir John Wingfield one of the Chief Actors in this Cavalcade Dated on Wednesday before Christmas-Day in Avesbury p. 127. a. b. p. 128. a. b. p. 129. a. b. p. 130. a. b. Cap. 98 99 100. now not much to the purpose to be either transcribed or translated The King having received News that the Scots had surprized Berwick surprized by the Scots the Town of Berwick as was noted by Sir William Shareshull in his Discourse to the Parlement so soon as it was ended in the latter end of November marched with a great Army toward Scotland and kept his Christmas at Newcastle upon Tine 3 Ibm. p. 131. b. cap. 103. The English all this while defended Berwick-Castle against the Scots and on the 13th of January the King being in it with Sir Walter Manny Retaken by the King the Town was surrounded with the English Army and the Port and Castle both secured by the English Navy the Scots threw themselves upon the King's Mercy and yielded up the Town For the very severe Usages and Hardships drawn up in hard The King of Scotland ill used by his People Words in the very Grants Edward Baliol King of Scotland received from the Scots and not being able to endure them or contend for the Honour and Dignity due to him from his People in his old Age and feeble Condition on the 20th and 25th Day of January at Rokesburgh Gave Granted and Confirmed for him He grants the Crown of Scotland c. to K. Edw. and Heirs to Edward King of England the Kingdom Government Title and Crown of Scotland together with the Isles and all manner of Royalties Dignities Honours Prerogatives Privileges Rights Dominions Homages Services Fees Advowsons Cities Castles Towns Lands Possessions and all and singular things which belonged to the Crown of Scotland or might any way belong to it and all his Isles Castles Cities Towns Demeasns Lands Possessions Dignities and Rights with their Apertinences in England or Galway or otherwhere within the Kingdom of Scotland to have and to hold to him his Heirs and Assigns And puts him in possession of the Kingdom and put him in possession of all these things as well by delivery of his Golden Crown as delivery of corporal Possession of the Soil of the Kingdom c. In consideration whereof King Edward was to allow him 2000 l. Sterling by the year for his Life to be paid Quarterly There were several long 4 Rot. Scot. 29 Ed. III. M. 12. Instruments made about this Grant as also an Exemplification of the main Indenture of the Agreement between the Two Kings Dated at Banburgh the 20th of February 5 Ibm. 30. Ed. III. M. 6. the Year following Also there is King Edward's Release of the Homage done to him by Edward Baliol 6 Ibm. 8. Dated the 12th of March next after at Westminster and a Proclamation That notwithstanding this Grant the People of Scotland should enjoy and be Governed by their Old Laws and Customs as before without any Change or Alteration 7 Ibm. Dated at the same Place on the 15th of the same Month. In the next Year Prince Edward 8 Wals f. 171. n. 40. marched out of Burdeaux with his Army toward the River Loire and designed such another Ravage and Destruction in the Countries on both sides of it as he had made the Year before between Burdeaux and Narbon which he had begun 9 Ibm. and Du Châ—sne f. 675. D. from Froys f. 78. a. cap. 157. Upon the News whereof the King of France went directly from Paris to Chartres where he drew Forces from Avergn Berry Burgogn Lorain Haynault Vermandois Picardy Normany and Bretagne to oppose him in the mean time guarding the Passes and breaking down the Bridges upon the Loire while the Prince took Remorentin and several other Places and Castles and had many Skirmishes with French Parties beat them and took several Prisoners on the South-side of the River before the memorable Battel of Poicters the best Description whereof is in 1 Fol. 371. A. D. 1356. Mezeray's Abridgment of Froisard's tedious Relation of it as follows While the King was at Chartres where he was drawing all his The Battel of Poictiers Forces together he was informed that the Prince of Wales with 12000 Men of which there were but 3000 Natural English had pillaged Quercy Avergne Lemosin Berry and was marching to do the same in Anjou Tourain and Poitou he thought fit to cut off his March upon his Retreat and led his Army along the Loire The Prince being advertised left the Road to Tours and retired by Poitou but he could not do it so speedily but that the King's Army overtook him within two Leagues of Poitiers The Prince finding him so near entrenched himself amongst the Vines and strong thick Hedges nigh the Place called Maupertuis Cardinal de Perigord the Pope's Legate went often from one The Pope's
Silver to be paid in Nine Years by equal Payments the first whereof to begin at the Purification of the Virgin next coming after the Date of the Treaty or within Fifteen days after and to be made at Berwic if in the hands of the English otherwise at Norham-Castle in Northumberland not far from thence 2. That there should be a Truce upon sufficient Security by Instruments and Oaths between King Edward and all his People of England Scotland and the Isle of Man and David de Bruys and all the other People of Scotland and their Adherents by Land and by Sea in all Places without Fraud or Deceit until the said Sum was fully paid and that Edward de Baliol and other his Allies and Adherents should be comprised within the Truce 3. That all People of one Part and the other during the Truce A Truce for 9 years between England and Scotland with the Articles might Negociate and have intercourse one with another by Land and by Sea except Castles and Fortified Towns and Places And that if during the Truce any Country Town Land Burgh Possession Castle or Person of what Estate or Condition soever he was at the Day of making this Agreement should be taken or received into the Faith or Peace of one Party from the other soit pris ou receu de une Foi ou Pees a lautre that full Restitution should be made without Delay Contradiction or Fraud the same Hour they were demanded 4. That for the Payment of the Money according to the Agreement David was to send Twenty Hostages into England who were Twenty of the Eldest Sons and Heirs of the Earls and Best Men of Scotland named in this Article to remain there until the Money was paid c. 5. That the said David and the other Great Men of the Kingdom of Scotland as well Bishops and Prelates as other Lords of the Land should be bound by Letters and Oaths in the best manner and form could be devised for the Payment of the Money and Observation of the Truce And that the Merchants and Comunes of Aberdeen Dundee Perth and Edinburgh should be bound accordingly for themselves and all other Merchants of that Kingdom for the Performance of the Payment and Truce 6. That if the said David or others that should be bound for the Payment of the Money should fail of Payment of any of the Terms then the Body of David was to be re-entred into the Castle of Norham within three Weeks after every Failure there to remain until the Sum was paid 7. That if there should be any Rebels in Scotland against David item in cas que auscuns Rebelx Descoce soient contre le dit David they should not be received maintained ir supported by any in the Faith of King Edward Or if any in the Faith of King Edward should rise or rebell against him or his Officers he should not be received maintained or supported by the said David or any in his Faith or Legiance 8. By the Advice and Assent of the Prelates Great Men and Sages of the Kingdom King Edward accepted the Treaty and promised and granted in Good Faith That if David the Prelates Great Men and others of Scotland of his Party would observe and perform as much as belonged to them the Things treated and agreed upon That he would also keep and perform and cause to be observed the same without Fraud or Deceit according to the Purport of the Treaty In Witness and Confirmation whereof King Edward made his Letters Patents Dated at Westminster on the 5th of October This Treaty and all others before proved ineffectual 2 Hect. Boeth f. 326 b. n. 50. A new Treaty because the Scots would not consent to the Terms and Conditions of the Release Yet the Endeavours and Mediation before mentioned were continued and on the Third of October this Year Commissioners on both sides met at Berwic for King Edward 3 Rot. Scot. 31 Ed III. M M. 2. Dors A. D. 1357. The Commissioners on both sides John Arch-Bishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Ralph Neville Henry le Scrope and Thomas Musgrave For Robert Steward Guardian of Scotland and the Prelates Lords and Commons of that Kingdom William Bishop of St. Andrews Thomas Bishop of Catness Patrick Bishop of Brechin Chancellor of Scotland Patrick Earl of March Robert de Irskin and William de Levington Knights When it was Agreed 1. That King David should be Released set Free and Ransomed for The Articles of a 10 years Truce K. David to be released an Hundred thousand Mercs Sterling Money to be paid yearly by Ten thousand Mercs the first Payment to begin at Midsummer then next following 2. That there should be a Truce kept and observed in England Scotland and the Isle of Man until the Money was paid And That Edward de Baliol and all King Edward's Allies should be included in this Truce 3. That for Payment of his Ransom Twenty Hostages should be delivered by King David there named in the Conditions of their Delivery 4. That King David the Prelates and Peers of Scotland should This and the former Truce to be observ'd be bound by Writing and Oath for Payment of the Money and Observation of the Truces 5. That if the Money was not paid as agreed they should be obliged to return the Body of King David who was to remain Prisoner while it was paid according to every Term of Payment These and some other Articles were the Conditions upon which he was released after more than Eleven Years Imprisonment King David was no sooner returned into Scotland after his Deliverance but he began to chastise 4 Hect. Boeth ut supra n. 60 70 80. K. David punished such as deserted him at the Battel of Durham such as deserted him and left the Field at the Battel of Durham And first he deprived Robert Stewart of the Right of Succession and declared Alexander Sutherland who was his own Sister's Son his Successor Robert Stewart being Son to the Daughter of the First Wife of Robert Brus and caused all the Nobility of Scotland to Swear Fealty to him But Alexander dying soon after he established Robert Stewart in the Succession according to his Right and caused the Nobility again to Swear Fealty to him He took away part of the Earl of the Marches Estate another Great Officer in the Army and punished others according to their Deserts It is not much to the Purpose of this History what the Troubles The Troubles and Confusions in France during King John's absence and Confusions were in France and the Miseries of that Nation during King John's Captivity or rather his Absence only from the French People they may be seen in the French Historians by such as desire to know them The bold Behaviour of the Provost of the Merchants and Parisians against the Dauphin the Insolence of the Rustics against the
hereafter declared The City Castle and Earldom of Poictiers with the whole Land and Country of Poictou together with the Fief of Thouars and Land of Belleville the City and Castle of Xaintes and the whole Land of Xaintonge on this side and beyond the River of Charente the City and Castle of Agen and the Land and Country of Agenois the City and Castle and whole Earldom of Perigort and the Land and Country of Perigeux the City Castle and whole Earldom of Limoges the Land and Country of Limozin the City and Castle of Cahors and the Land and Country of Cahorsin the City and Castle and Country of Tarbe and the Land and Earldom of Bigorre the Earldom Land and Country of Gaure the City and Castle of Angolesm and the Earldom Land and Country of Angolesmois the City and Castle of Rodes the Land and Country of Rovergne And if there be any Lords as the Earl of Foix the Earl of Armagnac the Earl of Lisle the Earl of Perigort and Viscount of Limoges or others which hold any Lands within the Bounds of these Places they shall do Homage to the King of England and all other Services and Devoirs due by reason of their Lands in the same manner they did in times past The First Article was corrected and in instead of the Words Those in Soveraignty in Soveraignty were inserted these Those in Fee in Fee 2. Also the King of England shall have all that any of the Kings of England anciently held in the Town of Monstruel upon the Sea with their Appurtenances 3. Also the King of England shall have all the County or Earldom of Ponthieu entirely save and except That if any thing of the said County or Appurtenances have been alienated by the Kings of England for the time being and to other Persons than the Kings of France the King of France shall not be obliged to render them to the King of England And if the said Alienations have been made to the Kings of France for the time being without mean and he doth possess them at present they are entirely to be released to the King of England except the Kings of France had them by Exchange for other Lands of the Kings of England then both were to release But if the Kings of England for the time being had alienated any thing to other Persons than to the King of France and afterwards they came into his hands he shall not be obliged to render them Also if the things abovesaid owe Homage the King of France shall convey them to others who shall do it for the King of England And if they do not owe Homage the King of France shall appoint a Trustee or Tenant to perform the Devoir within one Year after he shall part from Calais 4. Also the King of England shall have the Castle and Town of Calais the Castle Town and Seigneurie of Merk the Towns Castles and Lordships of Sangate Colongue Hames Wale and Oye with Lands Woods Marshes Rivers Rents Lordships or Seigneuries Advowsons of Churches and all other Appurtenances lying between the Meeses and Bounds following That is to say from Calais by the Course of the River that goes before Graveling and also by the Course of the same River round about Langle and by the River which goes beyond the Poil and by the same River that falls into the great Lake of Guisnes and so to Fretun and from thence by the Valley about the Hill Calculy inclosing that Hill and so to the Sea with Sangate and all the Appurtenances 5. Also the King of England shall have the Castle Town and County or Earldom of Guisnes with all the Lands Towns Castles Forteresses Places Men Homages Lordships Woods Forests and the Rights of them as intirely as the Earl of Guisnes lately dead had them at the time of his death and the Churches and good People being within the Limits of the County of Guisnes of Calais and Merk and other Places abovesaid shall obey the King of England as they obeyed the King of France or Earl of Guisnes for the time being All which things of Merk and Calais contained in this and the precedent Article the King of England shall hold in Demain except the Heritages of the Churches which shall remain to them intirely where-ever they be and also except the Heritages of other People of the Country of Merk and Calais lying out of the Town of Calais to the value of an Hundred Livres of yearly Rent or under of Current Money of the Country which shall remain to them But the Habitations and Heritages being in the Town of Calais with their Appurtenances shall be to the King of England in Demain to dispose of them at his pleasure and also the Inhabitants in the County Town and Lands of Guisnes shall enjoy all their Demains intirely and shall wholly be returned to them saving what hath been said concerning the Borders Meets and Bounds in the precedent Article 6. Also 't is agreed the King of England and his Heirs shall have and hold all the Isles adjacent to the Lands Countreys and Places before named together with all other Isles which he holds at present 7. Also 't is agreed the King of France and his Eldest Son the Regent for them their Heirs and Successors as soon as they can without deceit and at furthest by the Feast of St. Michael in one year after the same Feast next coming shall render tranfer and deliver to the King of England his Heirs and Successors all Honours Obediences Homages Ligeances Vassals Fees Services Recognisances Mere and Mixt Empire and all manner of Jurisdiction high and low Resorts Safeguard Collations and Patronages of Churches and all manner of Seigneuries and Soverainties and all the Right they have or can have appertains or can appertain to them by what Cause Title or Colour of Right soever or to the Kings and Crown of France by reason of the Cities Counties Towns Castles Lands Countreys Isles and Places before named and all their Appurtenances and Dependances and every one of them where-ever they are without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France And also That the King and his Eldest Son should send their Letters Patents to all the Arch-Bishops Bishops and all other Prelates of Holy Church and to the Earls Viscounts Barons Noblemen Citizens and others of the Cities Lands Countreys Isles and Places before-named that they should obey the King of England and his Heirs and their certain Command in the same manner they had obeyed the Kings and Crown of France and by the same Letters they should quit and absolve them after the best manner they could from all Faiths Homages Oaths Obligations Subjections and Promises made by any of them to the Kings and Crown of France in what manner soever This Article was corrected The Word Resorts being left out in the Correct Copy and these Words or Sentence and all manner of
Seigneuries and Soverainties and these Words or Sentence without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France also the last Words in what manner soever 8. Also it is agreed That the King of England shall have the Cities Counties Castles Lands Countries Isles and Places before named with all their Appurtenances and Dependences where-ever they are to hold to him his Heirs and Successors heritably and perpetually in Demain as the Kings of France held them and in the same manner saving what hath been said above in the Article of Calais and Merk and also the Cities Castles Counties Lands Countreys Isles and Places before named Rights Mere and Mixt Empire Jurisdiction and Profits whatever which any Kings of England held there with their Appurtenances and Dependences any Alienations Donations Obligations or Incumbrances had or done by any of the Kings of France in Seventy years from that time by whatsoever Cause or Form it was all such Alienations Donations Obligations or Incumbrances are now and shall be wholly annulled repealed and made void And all things so given alienated or incumbred shall be really rendred and delivered to the King of England intirely and in the same Condition they were Seventy years since or to his special Deputies as soon as they may without fraud and at furthest before Michaelmass next come twelve-months to hold them heritably and perpetually and to his Heirs and Successors except what is said in the Article of Ponthieu which is to remain in its force and saving all things given and alienated to Churches which shall peaceably remain to them in all Countries before and after named so as the Parsons of the Churches pray diligently for the Kings as for their Founders wherewith their Consciences shall be charged 9. Also it is agreed the King of England shall have and hold all the Cities Counties Castles and Countreys above-named which anciently the Kings of England had not in the same Estate as the King of France and his Sons hold them at present 10. Also it is agreed That if within the Limits of the Countreys the Kings of England anciently possessed they should now have any thing that was not then theirs of which the King of France was in possession on the 19th of September 1356 they shall be and remain to the King of England and his Heirs as above-said 11. Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they could without deceit and at furthest before Michaelmass 1361 should render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right Mere and Mixt Empire all manner of Jurisdictions high and low Resorts Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King or Crown of France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appurtenances and Appendances whatsoever or in Persons Vassals Subjects or whosoever of them be they Princes Dukes Earls Vicounts Arch-Bishops Bishops and other Prelates of the Church Barons Noblemen and others whosoever without reserving or retaining any thing to them their Heirs and Successors or to the Crown of France or others whatever it be whereby they their Heirs and Successors or any Kings of France or other Person under pretence of the King and Crown of France may challenge and demand any thing in time to come from the King of England his Heirs and Successors or upon any of the Vassals and Subjects aforesaid by reason of those Countreys and Places Also all the before named Persons their Heirs and Successors shall for ever be the Liegemen and Subjects of the King of England his Heirs and Successors and that he and they shall hold all the Persons Cities Counties Lands Countreys Isles Castles and Places afore named and all their Appurtenances and Appendances and they shall be and remain to them fully perpetually freely in their Seigneury Soverainty Obedience Ligeance and Subjection as the Kings of France had and held them in any time past and that the said King of England his Heirs and Successors shall have and hold perpetually all the Countreys before named with their Appertenences and Appendences and other things before named with all perpetual Franchises and Liberties as Soveraign and Liege Lord as Neighbour to the King and Realm of France without acknowledging any Soveraign or performance of any Obedience Homage Resort Subjection and without doing in any time to come any Service or making Recognisance to the King or Crown of France for the Cities Counties Castles Lands Countreys Isles Places and Persons before named or for any of them This Article was Corrected and at least Two Parts of Three left out of the Corrected Letter as then called or Copy the whole Article there being no more then what follows Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they can without fraud and at furthest before Michaelmass 1361 shall render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right mere and mixt Empire all manner of Jurisdictions high and low Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King and Crown of France ou a aucun autre person a cause du Roy de la Coronne de France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appertenences and Appendences whatsoever or in Persons Vassals Subjects or whosoever of them 12. Also it is agreed That the King of France and his Eldest Son shall renounce expressly all Resorts and Soveraignties and all the Right they have or can have in all those things which by this Treaty ought to belong to the King of England And in like manner he and his Eldest Son shall renounce expressly all those things which by this Treaty ought not to belong or be delivered to him and all demands he makes of the King of France and especially to the Name and to the Right of the Crown of the Kingdom of France and to the Homages Soveraignty and Demain of the Dutchy of Normandy the Dutchy of Tourain the Counties of Anjou and Main the Soveraignty and Homage of the Dukedom of Bretagne and the Homages and Soveraignties of the Country and County of Flanders and all other Demands he can or shall make of the King of France for
Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
King and the other notwithstanding any Confederacies they have made on this side or beyond the Sea with any Persons be they of Scotland or Flanders or any other Country 32. Also it is agreed That the King of France and his Eldest Son the Regent for them and for their Heirs Kings of France as soon as it may be done shall declare themselves and depart from all the Confederacies they have with the Scots and promise That they nor their Heirs nor the Kings of France for the time being shall give or do to the King or Realm of Scotland nor the Subjects thereof present and to come any Aid Comfort or Favour against the King of England his Heirs and Successors nor against the Kingdom nor against the Subjects in any manner and that they make not other Alliances with the Scots in time to come against the Kings and Kingdom of England And in like manner as soon as it may be done the King of England and his Eldest Son shall declare themselves and depart from all Alliances they have with the Flemmings and so on in the same Words and Things concerning them as the King of France engaged to do in respect of the Scots 33. Also it is agreed That the Collations and Provisions made of Benefices vacant in time of the War by one Party and the other shall hold and be good and that the Costs Issues and Revenues received and levied of any Benefices or other things Temporal whatever in the Kingdoms of France and England by one Party or the other during the Wars shall be quitted by one Party and the other 34. Also That the Kings above-said shall be bound to cause to be confirmed all the Things above-said by our Holy Father the Pope and they shall be made sure and strengthened by Oaths Sentences and Censures of the Court of Rome and all other Places in the most strong manner that can be and there shall be obtained Dispensations Absolutions and Letters from the Court of Rome for perfecting this Treaty and they shall be delivered to the Parties at furthest within three Weeks after the King shall be arrived at Calais 35. Also That all the Subjects of the said Kings which come to Study in the Universities and Places of Study in the Kingdoms of France and England shall enjoy the Privileges and Liberties of those Places and Universities as well as they might have done before the War or as they do at this present 36. Also it is agreed That to the end the Things debated and treated of as above may be more established firm and valuable there shall be made and given the Securities which follow That is to say Letters or Instruments sealed with the Seals of both Kings and their Eldest Sons the best that can be made or directed by their Counsel And the said Kings and their Eldest Sons and other Sons shall swear and also those of their Lineage and other great Men of their Kingdoms to the number of Twenty on each side That they will observe and keep and help in the keeping of the Things treated and agreed inasmuch as shall concern them and without Fraud or Deceit shall accomplish them without ever doing any thing to the contrary and without any hindrance of the same And if there shall be any of the Kingdom of England or France which shall be Rebels and will not agree to the Things above-said the said Kings shall use the Power of their Bodies Goods and Friends to bring such Rebels to Obedience according to the Form and Tenour of the Treaty And further the said Kings their Heirs and Kingdoms shall submit themselves to the Coertion of our Holy Father the Pope that he may constrain by Sentences Censures of the Church and all due ways him that shall be Rebel according to Reason And according to these Establishments and Securities above-said both Kings and their Heirs shall by Faith and Oath Renounce all Wars and Contention And if by Disobedience Rebellion or Power of any Subjects of France or any just Cause the King of France or his Heirs cannot accomplish all the Things above-said the King of England his Heirs or any for them shall not make War against the King of France his Heirs or Kingdom but both together shall endeavour to bring the Rebels into true Obedience and accomplish the Things above-said And if any of the Realm or Obedience of the King of England will not render the Castles Towns and Fortresses which they hold in the Realm of France and obey the Treaty above-said or for just cause cannot do that which by this Treaty they ought to do The King of France nor his Heirs nor any for them shall make War upon the King of England or his Kingdom but both together shall employ their Power to recover the Castles Towns and Fortresses and that all Obedience and Compliance may be given to the Treaty And there shall be made and given on both sides according to the nature of the Fact all manner of Security that shall be known or can be devised as well by the Pope the College of the Court of Rome as otherwise holding and keeping the Peace perpetually and all the Things as above agreed 37. Also it is agreed That by this present Treaty all others if any have been made before shall be null and void and never be any Advantage to either Party nor cause any Reproach of one to the other for not observing them 38. Also the present Treaty shall be Approved Sworn to and Confirmed by the Two Kings when theyshall meet at Calais and after the King of France shall be gone from thence and be in his own Power within a Month next following he shall make Letters Patents of Confirmation and send and deliver them at Calais to the King of England and receive such and the like from the King of England 39. Also it is agreed That neither King shall procure or cause to be procured by himself or others any Injury or Molestation by the Church of Rome or any of Holy Church whoever they be to or concerning this Treaty towards either of the Kings their Coadjutors Adherents and Allies whoever they be or their Lands or Subjects on occasion of the War or other thing or for Service the Coadjutors Adherents or Allies of either side have performed or if our Holy Father will do it of himself both Kings shall hinder it as well as they can without Deceit 40. Also the Hostages that are to be delivered to the King of England at Calais the manner and time thereof the Two Kings shall there direct Note That in the Corrected Instrument or Letters of this Treaty the Words Resort and Sovereignty are always and in all Articles omitted in respect to the King of England's enjoying them in the Places which were to be delivered to him where in the uncorrected Articles and Instrument they are given to him And then it follows at the latter end or bottom of the Articles
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
Treason and to be punished without Remission or Connivance And further That one King do not Receive the Enemies of the other but preserve their Honour Reciprocally And that King 1 Ibm. Edward on his Part deputed no body to Bruges at the time appointed to make the Exchange of the Treaty and Renunciations 2 Ib. f. 694. A. B. That instead of delivering the Fortresses and Garrisons he held in France at his own Charge as he was expresly bound by the Treaty he kept many in his own Name under pretence of Wages due to the Soldiers as then unpaid and seized upon others and continued the War in effect by those of his Party who changed their Names and called themselves Companions who would not yield the Places they held without an unreasonable Redemption or Payment for the quitting of them Further That he took no notice of the Difference between his Son-in-Law John Montfort and Charles Earl of Blois concerning the Dutchy of Bretagne as by the Treaty he was equally bound to do as the King of France was but suffered the War to continue there to weaken the Force of France and to prevent the Return of the Companions into England lest that might have been too great Charge and Trouble to him That he never kept his Faith with France Lastly That he had done Homage and sworn Fealty to the King of France as to his Superiour Lord for the Dutchy of Aquitan Earldom of Ponthieu c. Mezeray 3 Fol. 388. writes That King Edward thought himself absolute Soveraignt in Guyen by the Treaty of Bretigny but as on his side he had not Disbanded his Soldiers and moreover he had committed divers Hostilities the King of France pretended that Treaty was null and void and that therefore he remained still a Vassal to the Crown And that it was upon this foot that All the Lands the King of England held in France declared so feit and to be confiscated for Rebellion Contempt and Disobedience he sent to declare War against him And afterwards his Parlement being assembled on Ascension-Eve sitting in his Seat of Justice made a Decree by which for Rebellion Contempt and Disobedience they declared forfeit and confiscated all those Lands the King of England held in France But beyond this Pretence in the Declaration of the Confiscation of the Dukedom of Aquitan against King Edward and the Prince of Wales by Charles V. King of France Dated at Vincennes the 14th of May 1370. it is positively affirmed That the Superiority and Resort of the whole Dukedom of Aquitan and the other Lands delivered and assigned to the English by that Treaty were especially and expresly reserved to his Father himself and Successors See the Instrument it self in Codex Juris Gentium Diplomaticus Fol. 229. Paragraph 1. wherein they are said to have violated the Peace they solemnly Sware to maintain and for that their Rebellion there so called their Contempt and Vsurpation of the Superiority and Resort of the Dukedom of Aquitan and other Lands and many other Crimes there mentioned that Dukedom c. was decreed Confiscate and to be annexed to the Crown of France The War being open the King 1 Claus 43 Ed. III. M. 24. Dors A. D. 1369. Summoned a Parlement to meet on the Octaves of Holy Trinity or the next Sunday after that Feast being May 27. this Year 2 Rot. Parl. 43 Ed. III. n. 1. A Parlement called The cause of Summons The King Prelates Dukes Earls Barons Knights Citizens and Burgesses being in the Painted Chamber the Bishop of Winchester then Chancellor shewed the cause of Summons telling them That the King in all his great Business touching himself and the Kingdom had in all times done and wrought de tout temps ad fait overs c. by the Counsel and of the Great Men and Commons of the Realm who he found in all his Affairs Good and Loyal for which he thanked them and would not any thing should be unknown to them He further told them That with their Advice and An account of the Transactions between K. Edward and his Adversary of France Counsel he had made Peace with his Adversary of France upon certain Conditions That he should cause to be delivered unto him certain Lands and Countries beyond Sea and also pay him certain Sums of Money at certain times appointed in the Peace and that he should lay aside the Use of Resort in all the Lands and Countries of Gascon and all the Lands and Countries which the King held beyond Sea and that he was to part with the Name and Title of the King of France for the same time pur His unfaithful Dealing with K. Edw. mesme le temps That his Adversary had wholly failed to make Delivery of the Lands and Countries so Agreed to be Delivered by the Peace and of his Payment also That nevertheless he had received the Appeals of the Earl of Armynak the Lord de la Bret and others which were the King's Lieges in Gascon and by virtue of their Appeals had caused to be Summoned the Prince of Gascoigne to appear before him at Paris le Prince de Gascoigne dapparer devant luy a Paris c. the first Day of May last past to Answer their Appeals against the Form of the Peace 3 Ibm. n. 2. And further That he had sent a great Number of Men at Arms and others into the Countries of Gascoigne and there by force had taken Towns Castles Fortresses and other Places killed some of the King's Liege People taken others and imprisoned them in expectation of great Ransoms The like also he had done in Ponthieu And because of these things done in the Principality against the Form of the Peace 4 Ibm. n. 3. the Prince sent solemn Messengers to inform the King he had called to him the most Wise Men of the Principality and treated with and propounded to them whether by reason of these things he might not by Right and Reason retake upon him and use the Name of King of France who answered and affirmed the King might do it by Right and Good Faith de Droit bon Foi 5 Ibm. Upon which Point the Arch-Bishop of Canterbury and the other Prelates were charged by the King furent chargez par le Roy to treat and shew their Advice and Counsel lour Avys Conseil On Wednesday following the 6 Ibm. n. 8. King Edward by Advâ—câ— of Parlement retakes upon him the Title and Name of King of France Arch-Bishop and Prelates after mature Deliberation had upon the Charge with one accord answered and said respondrient desoient That the King for the Causes above-said might retake and use the Name of King of France by Right and good Conscience To which Agreed the Dukes Earls Barons and other Great Men and Commons in full Parlement a ce 7 Ibm. accorderent les Ducs Countes Barons autres Grants
Comunes en pleyn Parlement Which Name of King of France he did retake and had his Great Seal and other Seals altered and that Title 8 Ibm. engraved upon them On the same 9 Day and Thursday the Estate of the King 8 Ibm. 9 10. was laid before the Great Men and Commons feust monstre as Grants Comunes lestat le Roy and because the War was open par cause de la Guerre queste overte he should be at great Charges as well by Sea and Land which he could not maintain without their Aid he requested them they would treat and advise how he might be best assisted to his greatest Profit and the least Charge and Damage to the People The Prelates Dukes Earls and Barons by themselves and then the Commons of one accord Granted les Prelates Ducs Barons par eux puys les Comunes A Subsidy of Wooll c. granted to maintain the War dun acord Granteront c. to the King a Subsidy of Woolls of every Sack 43 s. 4 d. and of the Woollfels every Twelvescore as much and of every Last of Leather 4 l. which passed beyond Sea for three Years besides the ancient Custom to begin at Michaelmas next coming of Denizons Of Strangers for every Sack of Wooll 4 Marcs of every Twelvescore Woollfels 4 Marcs and of every Last of Leather 8 Marcs He not only provided for Money this Parlement but 1 Ib. n. 25. K. Edward's Offer To all Persons whatever that would maintain his Quarrel against France declared That for the Compensation of such Lords or others of whatsoever Estate Degree Condition or Nation they were who would maintain his Party and Quarrel against his Enemies of France should hold Heritably what they should Recover and Conquer be they Dutchies Earldoms Vicounties Cities Towns Castles Fortresses or Lordships situate in France by what Name or Title they were called of him as of the King of France by the Services and Dues accustomed except and reserved expresly to him and his Heirs all his Demeasn Royalties Services Homages Dues Resorts and Soveraignties belonging to the Crown of France except also church-Church-Lands and the Lands of all such as without Force or Difficulty would obey adhere to and stay in Obedience to him on their own Good-will and him Aid Counsel and Comfort in his Quarrel c. This Year 2 Wals f. 184. n. 20. The Death of the Queen The Offer as above no advantage to K. Edward 3 Froys C. 272. Du Ches f. 704. D. He sends his Letters of Indemnity and Pardon into Aquitan on the Assumption of the Virgin Mary or 15th of August died Queen Philip Just and Sincere as the Historians say to the English Interest There is nothing extant which makes it appear that the Offer above-mentioned advanced King Edward's Cause and therefore next Year he sends his Letters of Indemnity and Pardon with great Promises of Reformation into Aquitan 3 That he being informed of certain Troubles Grievances and Molestations done or supposed to be done by his Dear Son the Prince of Wales in his Seigniory of Aquitan being obliged and desirous to remedy all things tending to evil Surmises Hatreds and Contentions between him and his Loyal Friends and Subjects did Announce and Pronounce Certifie and Ratifie of his meer Good-will and by great Deliberation of his Council to that purpose called and did Will and Command That the Prince of Wales should forbear and remit all manner of Actions done or to be done and restore to all such as had been grieved or molested by him or by any of his Officers and Subjects in Aquitan all their Costs Expences or Damages raised or to be raised in the Name of Aids or Chimney-Money And did further pardon all such as had revolted and forsaken his Homage and Fealty upon Condition that after the sight of these Letters within one Month they returned to their Obedience And if any Persons made any just Complaint against his Dear Son the Prince or any employed by him that in any thing they were grieved or oppressed or had been in times past he would cause them to have reasonable Amends for the maintaining of Peace Love Concord and Vnity between him and his People of the Dutchy And that all Men might be satisfied of the Truth of these Letters he willed they should have Copies of them and then declared he had Sworn to maintain and make them good by the Body of Jesus Christ in the Presence of his Dear Son John Duke of Lancaster the Earls of Salisbury Warwick Hereford and many other there named Dated at Westminster in the 44th Year of his Reign on the 5th of November in the Year of our Lord 1370. Mezeray 4 F. 389. The King of France joined Religion and Eloquence to his Arms And sent Preachers abroad to justifie his Cause taking notice of these Letters tells us That to the Force of Arms the King of France joined Religion and Eloquence which could do all things on the Hearts of the People He ordered Fasts and Processions to be made all over his Kingdom and sometimes went barefoot himself with the rest when at the same time the Preachers made out his Right and Title with the Justice of his Cause and the Injustice of the English Which had two Ends the one to bring back again those French Provinces which had been yielded by the Treaty of Bretigny the other to make those that were under him willing to suffer the Contributions and all other Inconveniencies of War The Arch-Bishop of Thoulouse alone by his Persuasions and Intrigues regained above Fifty Cities and Castles in Guien amongst others that of Cahors The King of England would have practised the same Methods on his part and sent an Amnesty or General Pardon to the Gascons with an Oath upon the Sacred Body of Jesus Christ to raise no more new Imposts but all this could not reclaim those Minds that had bent themselves another way King Edward 5 Ib. c. 249. 250. Forces sent into France to the Prince Some of the Companions joined with them sent Forces over to the Prince with Edmond Earl of Cambridge his own Son and the Earl of Pembroke his Son-in-Law who with a great number of Companions under the Command of Hugh Caverley an Experienced Officer which came from Aragon Rendezvoused at Angolesm and were put all under his Command by the Prince What things of Note they did I find not Before this time 6 Ib. c. 241 242. Henry the Bastard killed Peter King of Castile and fixed himself in the Throne Henry the Bastard had by the Assistance of Peter King of Aragon the King of France and the Power of Bertrand de Guesclin and his Companions seized the Kingdom of Castile and killed King Peter and fixed himself in that Throne The King of France wrote to Henry to 7 Ib. c 276. Bertrand de Guesclin and his Companions serve the K. of France against K. Edw.
50000 l. the said Great Men and Commons les ditz Grantz Comunes granted of every Parish within the Kingdom of England Cxviâ—s the Sum of 22 s. 3 d. first granted being comprised therein except the County of Chester and the Church Lands which were Taxed to the Tenth so as always the Parishes of greater value should be contributary to those of less value The 3 Ib. n. 12 13. Commission of this Grant was read before the King Great Men and Commons and the Names of the Collectors given in by the Knights of the Shires and also the Names of the Lords and others that were assigned to see the Tax was duely and reasonably Assessed and Levied and the Petitions of the Commons that were not answered in the preceding Parliament were answered in this Council amongst which this following is very observable For that 4 Ib. n. 15. it had been declared to the King in this present Parlement by all the Earls Barons and Commons of England That The Commons Petition that Lay-men and no others might be made the great Officers of the Kingdom the Government of the Kingdom had for a long time been managed by Men of the Church whereby many Mischiefs and Damages had happened in time to come in Disherison of the Crown and to the great Prejudice of the Kingdom It would please the King That Laymen of sufficient Abilities and no others might for the future be made Chancellor Treasurer Clerc of the Privy Seal Barons of the Exchequer Chamberlanes of the Exchequer Controller and other Great Officers and Governors of the Kingdom and that this Matter might be so Established that it might not be Defeated or any thing done to the contrary in time to come saving to the King the Election and Removal of such Officers yet so as they should be Lay-men The King's Answer was 5 Ibm. He would do in this Point what The King's Answer seemed best to him by Advice of his Council The Members of this great Council were 6 Rot. Clause 25 Ed. III. M. 29. Dors The Members of the great Council at Winchester four Bishops four Abbats six Earls six Barons and such and so many of the Commons as the King named in his Writs to the Sheriffs which were of the last Parlement for Kent there were only 7 Ibm. Thomas Apuldrefeld one of the Knights of the Shire Edmund Horner one of the Citizens of Canterbury and John Fynchynfeld one of the Citizens of Rochester About this time 8 Froys c. 295. John Duke of Lancaster Married Constance the Eldest Daughter of Peter the Cruel King of Castile c. the true Inheritrix of that Kingdom and took upon him the Title of King in her Right * Ib. John Duke of Lancaster's Title to Castile 9 Ib. c. 296. Whereupon Henry the Bastard of Castile made a League Offensive and Defensive with the King of France 9 After Michaelmas he came for England for Instructions how to carry on the Affairs of Aquitan leaving Governors and Deputies in Guien and Poictou his Wife and her Sister Isabel who was afterward Married to Edmond his Brother Earl of Cambridge came with him And this Winter 1 Ibm. Two Armies to be sent into France were divers Councils holden about the Affairs of Aquitan and other Parts in France and how the War was to be maintained there next Summer at last it was resolved there should be Two Armies sent thither one into Guien and another by the way of Calais In the Spring 2 Rot. Vasc 46 E. III 〈…〉 Henry the Bastard of Castile assists the King of France with a Fleet. the Earl of Pembroke was made Lieutenant The Earl of Pembroke Lieutenant of Aquitan of Aquitan and was ordered to go by Poictou into Guien with a Fleet and Forces and to land at Rochell The King of France knowing what was designed in England sends to Henry the Bastard of Castile to assist him with a Fleet who sent one greater and far more powerful than that of England 3 Froysard c. 297 298 299. A. D. 1372. The English Navy destroyed The Earl of Pembroke taken Prisoner The Two Fleets met at the Entrance of the Bay of Rochell on the 22d of June where they fought two days most of the English Navy was destroyed or taken and the Earl made Prisoner The Rochellers saw all this but gave no assistance to the English tho demanded of them The Ship also was sunk in which the Treasure was for the payment of the Soldiers in Aquitan The Earl of Pembroke was sent Prisoner into Spain to Henry the Bastard who about 4 Walsingh y prodig Neustr f. 530. n. 10. He dies three years after sent him to Bertrand Guesclin for a Sum of Money he owed him The Sum of his Ransom was agreed on at Paris but coming for England to raise the Money being very weak he died before he reached Calais and the Constable of France lost the Price of his Redemption After this Fight at Sea and the Destruction of the English Fleet 5 Froysard c. 304. Rochell declares for the King of France Rochell declared for the King of France and all Rochelois In Poictou the Constable reduced many Towns and Forts and besieged 6 Ib. c. 305. Mezer. f. 392. The Town of Thovars forced to Capitulate The Terms granted unto them Thovars whither most part of the Lords and Chief Men of that Country were retired as to a Place of Security In a short time they were forced to Capitulate and Agree That they should put themselves their Lands and the City under the Obedience of the King of France unless upon their sending to the King of England he himself or one of his Sons came with an Army to relieve them by next Michaelmas-day The Messengers 7 Froysard as above King Edward resolved to go into France with an Army sent from Thovars informed the King Prince and Council of the Condition of Poictou and Xantonge and especially of that Place The King resolved to go over himself and was advised to take with him that Army which was to march into France by the way of Calais 8 Ibm. He summons the Noble and Military Men to pass with himself and Prince of Wales and besides he sent forth Summons for a very considerable number of the Military Men and many of the Nobility to be ready to pass the Sea with him and the Prince of Wales into Poictou On 9 Rot. Clause 46 Ed III. M. 12. Dors A. D. 1372. Prayers made for success Monday August 30. Orders having been given for Publick Prayers to be made in all Churches for good success upon the Voyage he took Ship with many of the chief Nobility and with 400 Vessels 1 Froysard as above The Voyage unhappy by reason of contrary Winds of all sorts sailed toward the Coast of France and Poictou but the Wind was always contrary so as he could
to consider and give good Counsel and Advice upon the Points above-said told them they might depart for that Day and come thither again on the morrow At which time 3 Ibm. n. 5. The Commons desire a Committee of Lords to treat with them some of the Commons in Name of the rest went to the Lords and prayed they might have some Bishops Earls and Barons with whom they might treat and confer for the better Issue of the Matter was enjoined them sur la matire que lour estoient enjoynt and desired the Bishops of London Winchester and Bath and Wells the Earls of Arundel March and Salisbury Monsieur Guy Bryan and Monsieur Henry le Scrop And it was agreed they should go to the Commons and Treat with them in the Chamberlain's Chamber And there having been Deliberation between the Great Men and Commons until Tuesday the Eve of St. Andrew on which Day the King Prince Prelates Great Men and Commons being in the White Chamber the Commons Granted les Comunes granteront the King an Aid for the Wars against his Enemies and delivered a Schedule thereof to the King which was read and begins thus Les Seigneurs Comunes Dengleterre ont Grante a nostre Seigneur le Roi en ceste present Parlement la Quinzeine The Grant of a Tax c. The Lords and Commons of England have Granted to the King in this present Parlement a Fifteenth c. The effect of the Grant was Two 15ths to be levied in two Years according to the ancient manner to be paid at the Feasts of the Purification and Penticost If the War ended the first Year the Second 15th not be paid Also Six pence upon every Pound value of Merchandise going out of the Kingdom except upon Woolls Leather and Woollfells Wine c. And of every Ton of Wine Two shillings for two Years upon the same Condition Likewise the Subsidy of Wooll to be received after Michaelmas next coming without Condition for the first Year and under the same Condition for the second These were granted so as no other Charge or Imposition might be upon the People of England for those two Years The Commons prayed what was granted might be spent in maintaining the War and that no Knights of Shires or Esquires Citizens or Burgesses returned for this Parlement might be Collectors of this Tax All things now went backward in France nothing from thence The French Towns and Countries in Aquitan revolt but the loss of Towns and small Countries in Aquitan either by Force or Revolt many voluntarily and by Inclination becoming French and putting themselves under the Obedience of that King The Particulars might swell the History but the knowledge of them at present is not of much moment * Fol. 8â— lin 7. Walsingham says That when the Duke of Lancaster came out of Gascony into England in the 48th of Edward III. about the Month of July all Aquitan revolted from the King of England except Burdeaux and Bayon The Pope in this Posture of Affairs was very sollicitous to procure The Pope mediates a Peace a Peace between the Two Nations and used all Endeavours towards it and oftentimes prayed and required both Kings by his Letters solemn Messengers and lastly by his Nuncio's the Arch-Bishop of Ravenna and Bishop of Carpentras who frequently went backward and forward between both Parties to make them inclinable and condescend to a good Peace and Accord between each other as may be seen in the 4 Rot. Frâ—n 49 Ed III. M. 2. Record of the following Truce both in the Preface of the Commission to John King of Castile and Leon Duke of Lancaster by Edward III. and in the Commission of King Charles of France to his Brother Philip Duke of Burgundy Savoir faisons que come nostre tresseint Pierele Pape eit plusours foitz nous prie requis par ses Lettres fait prier requirer par ses solennes Messagers Darreinment par Reverentz Piers in Dieu l'Ercevesque de Ravenna l'Evesque de Carpentras de incliner condescendre a bon Paix Accord ovesque nostre Adversair so in both Commissions c. The Commission to the Duke of Burgundy bears Date at Paris the first of March 1374. and 11th of King Charles of France and 48th of Edwad III. and that to the Duke of Lancaster was Dated at Westminster June 8. and 49th of Edward III. This 5 Ibm. A Truce in order to a Peace Treaty was managed chiefly by the Two Dukes before the Two Nuncio's and by their Mediation at Bruges in Flanders which produced a General Truce in order to a Peace between the Two Kings their Subjects Friends Allies Aidants and Adherents and for all their Dominions Lands Countries and Places whatsoever 6 Ibm. A. D. 1375. to begin on the 27th of June 1375. the Day of the Date of the Truce in 49th of Edward III. and end the first Day of July 1376. and 50th of Edward III. The Heads of the Articles were these All taking of Persons Fortresses and other Places 7 Ibm. The Heads of the Articles all Pillaging Robberies Burnings and all other Feats of War touz Pilleries Robberies Arceurs tout autre fait de Guerre through all the Realms Lands and Dominions of one Party and the other to cease during the Truce Neither Party to suffer any Subjects or Allies of the other to change their Obedience Subjection or Alliance All Subjects of either Party to remain in the Countries of the other without Arms and to Trade and dispatch all other Business there without Disturbance but not to enter into Castles Fortresses or fortified Towns without Licence Prisoners taken to be released No New Forts to be erected None of the Subjects or Allies of one Party to do Injury to the Subjects or Allies of the other or their Friends by way of Company Robberie or otherwise if they did to be punished so soon as it came to the knowledge of their Lords without Request All Attempts and Injuries to be repaired without delay If the Lands of either Party were invaded by Companions upon Request they were to assist each other in freeing their Countries of them None to demolish the Houses of one Party or the other nor destroy Fruit-Trees If any evil Action Attempt or Enterprize happen it shall not be a Breach of the Truce nor shall War be made therefore This Truce was Sealed by the Two Dukes and Pope's Nuncio's at Bruges on the 27th of June 1375. There were certain 8 Ibm. Mutations Declarations and Modifications made by way of Supplement in reference to this Truce by the Pope's Nuncio's of the same Date namely That Henry King of Castile the Bastard and the Lands he held should be comprized in the Truce That the Duke of Bretagne should in like manner be comprized in it That War should cease there and the King of England and Duke to remove their Forces out
of the Dukedom without delay during the Truce all but 200 Men to guard the Towns and Places the Duke held there The Two Kings to have 9 Ibm. Commissioners at Bruges on the 15th of September next coming to Treat of Peace The residue of the Articles are of less moment These were confirmed by John King of Castile and Leon Duke of Lancaster with Protestation That the Title of King of France given to King Charles Adversary to his Father nor the Title of King of Castile given to Henry his Adversary might in no manner prejudice either of them or their Titles In Winter the 48th of Edward III. the 1 Rot. Fran. 48 Ed. III. M. 6. Earl of Cambridge and Duke of Bretagne were made the King's Lieutenants in France but went not till the next 2 Claus 49 Ed III. M 46. Spring for whose good Success Publick Prayers were appointed to be made In this Expedition 3 Froys cap. 313. there went with the Earl and Duke several Noblemen and Persons of Quality and in a short time he recovered many of his Towns in Bretagne and had laid siege to the Town of Campelly when Sir Nicholas Carswell and Sir Walter Vrswick were sent to him by the Duke of Lancaster to quit the Siege and give over that War as being included in the Truce made at Bruges On the 28th of December next following the Truce 4 Claus 49 Ed. III. M. 6. Dors Summons to Parlement Writs of Summons were sent forth for a Parlement to meet on the 12th of February Afterwards before it met by Writs Dated 5 Ibm. M 4. Dors the 20th of January the King thought fit to Prorogue it duximus prorogandum to the Monday after the Feast of St. George but it sate not till the next Day when the Prelates Dukes Earls Barons and other Great Men and Commons Justices Serjeants of the Law and others assembled in the Painted Chamber before the King 6 Rot. Parl. 50 Ed. III. n. 2. A quel Lendemain s'assemblerent les Prelates Ducs Contes Barons les autres Grantz Comunes Justices Sergeantz de Ley autres en la Chambre de Peynte And there Sir John Knivet declared the Causes of holding the Parlement which were three 1. The First and Principal was To advise about the Good Government The cause of Summons and Peace of the Realm of England 2. The Second For the Defence and Safety of the Kingdom as well by Sea as Land 3. The Third To take Order for the Maintenance of the War with France and otherwhere and how and in what manner it might be done for the best Profit quickest Dispatch and greatest Honour of the King and Kingdom And then told them expresly That what the King always had done was by their good Counsel Comfort and Assistance tout dys par lour bons Conseilx Confortes Aides for which the King The Lords advise by themselves and the Commons by themselves entirely thanked them and desired they would diligently advise about these Matters the Prelates and Lords by themselves and the Commons by their selves and give their Good Answer lour bone Responce as soon as they well could The Commons 7 Ibm. n. 8. A Committee of Lords assigned by Parlement to go to the Commons c. went to their ancient Place the Chapter-House of the Abbey of Westminster and the Prelates and Lords went by themselves and there were assigned in Parlement fuerent assignez in Parlement the Bishops of London Norwich Carlisle and St. Davids the Earls of March Warwick Stafford and Suffolk They agree about the Grant of a Subsidy the Lord Percy Sir Guy de Bryan Sir Henry Lescrop and Sir Richard de Stafford to go to the Commons and assist them in Treating and Conferring upon the things before declared They agreed upon the Grant of a Subsidy which begins as followeth Les Seigneurs Coes 8 Ib. n. 9. assemblez en cest present Parlement eantz consideration The Lords and Commons assembled in Parlement having Consideration of the very great Charges and Expences the King hath and must be at for the maintaining of his Wars his Noble Estate and otherwise granted him the Subsidy of Of Wooll c. Wooll Leather and Woollfells as it was granted him in the Parlement holden at Westminster in the 47th of his Reign from the Feast of St. Michael next coming when the Subsidy then granted ended to the end of three years and the Commons humbly pray the King to be excused That they gave him no other Subsidy or Ayd for his Wars for that they were brought so low and so disabled by the Pestilence the Murrain among their Beasts and destruction of their Grain and other Fruits that they could not do otherwise at present but promised if any extraordinary Case should happen they would Ayd him to the utmost of their Power as they had done before beyond all the Commons of the World to their Liege Lord. After this the Commons considering 9 Ib. n. 10. the Mischiefs of the Land do shew unto the King and Lords of Parlement That it would be for the Honour and Profit of the King and the whole Land which is grieved in divers manners by many Adversities as well by the Wars of France Spain Ireland Guyen Britain and other-where so that the Officers about the King without The Commons pray Ten or twelve Persons may be added to the King's Council c. other assistance were not sufficient for so great Busines wherefore they pray the King's Council may be inforced or augmented with Lords Prelates and others to the number of Ten or Twelve who should be continually with the King so as no great business should pass without their Assent and Advice nor small Matters without the Advice and Assent of Six or Four of them at least as the Case required The which Request the King understanding 1 Ibm. The King grants their Prayer upon Condition it was honourable and very profitable to him and the whole Realm granted provided always that the Chancellor Treasurer and Privy Seal and all other the King's Officers might execute their Offices without the presence of any the said Counsellors which the King was to assign from time to time of such as he pleased who were to be Sworn to keep this Ordinance and to do Right to every one according to their Power without receiving any Reward for so doing That none of 2 Ib. n. 11. The King's Officers not to receive Gifts c. the King's Officers should receive any Gifts Fees or Rewards other then their Salaries Liveries and Travelling Charges The Commons make Protestation 3 Ib. n. 15. The Commons ready to ayd the King with Body and Goods Complain of Evil Counsellors and Officers That they were and always have been and will be ready to Ayd the King with their Bodies and Goods to the utmost of their Power but they
say 't is true That if the King had always had about him Loyal Counsellors and good Officers he had been very rich in Treasure so as he should not have needed much to have charged his Subjects with Subsidy Taillage or otherways having respect to the great Sums of Gold which were brought into the Kingdom for the Ransom of the Kings of France and Scotland and other Prisoners They also say it further seems to them That for the singular Profit and Advantage of some Private Persons about the King and their Confederates the King and Realm were much impoverished and many of the Merchants undone wherefore they thought it a profitable thing to the King and his whole Kingdom to have all these things duely amended as soon as might be And the same Commons promise the King That if he will do Justice and speedy Execution upon such as should be found Culpable and do with them as Law and Reason required they undertake he would be so rich as to maintain his Wars and support his other Affairs for a long time without any great Charge to the Commons and they say further That in doing this he should do a thing Meritorious and pleasing to God and much for the Incouragement Three special Points to be amended of them freely to aid him according to their Power And then propound Three especial Points to be enquired into and amended First Whereas 4 Ib. n. 16. the Staple of Wooll and other Staple Merchandises and Bullion was lately ordained in Parlement to be at Calais and no where else for the great profit of the King and Kingdom the Advantage and Amendment of the Town for the Concourse of Merchants and their continual Residence there the said Staple Bullion and Trade is removed from thence and like to be lost by the procurement and counsel of the said Private Persons about the King and their Confederates for their singular Profit to the great damage and prejudice of the King and his Realm and destruction of the Town of Calais Secondly Whereas 5 Ibm. the King had need for divers Sums of Money for his Wars and otherwise some Persons by consent and contrivance of the said Private Persons about him made agreement for divers Sums to the use of the King upon Usury taking more from the King for Interest then they Bargained for to the Deceit and grievous Damage of the King Thirdly Whereas 6 Ibm. the King was Debtor to divers People upon Record in great Sums several had by Assent and Contrivance of the said Private Persons bargained with his Creditors for the 10th 20th or 100th Penny and procured the King to pay the whole Debt in Deceit of the King and his Creditors for the singular Profit of themselves and Confederates Upon these or some of these Points 7 Ib. n. 17. Richard Lyon impeached by the Commons several were impeached by the Commons First Richard Lyon Merchant of London and Farmer of the King's Subsidy and Customs He put himself upon the King's Grace and submitted his Body Lands and Goods to the King's Pleasure 8 Ib. n. 19. His Judgment He was adjudged to be Imprisoned during the King's Pleasure to loose the Franchise of the City never to bear Office under the King nor approach his Council or Court All his Goods and Chattels were seised into the King's Hands and Inquiry was made in all the Ports concerning his Extortions since his being Farmer of the Customs The Lord Latimer was 9 Ib. n. 21. The Lord Latimer accused accused par clamour des Communes by the Clamour of the Commons upon the Heads and Articles and as a Confederate with Lyon who tho he seemed to make a good satisfactory Defence yet by the Prelates and Lords in plein Parlement in full Parlement was adjudged 1 Ib. n. 28. His Judgment to be Imprisoned and make Fine and Ransom at the Will of the King and further upon the Petition of the Commons the King granted he should never have Office under him or be of his Privy Council He was 2 Ib n. 29. His great Bail Bailed by Four Bishops the Arch-Bishop of York being one Three Earls the Prior of St. John of Jerusalem and Twenty six Barons with promise That during the Parlement he should appear before the King and Lords to answer further to the Articles of which he was accused William Ellys 3 Ib. n. 31. William Ellys accused of Great Yarmouth was also accused par la surmyse des Communes by the Surmise of the Commons as Deputy to Richard Lyon Farmer of the Subsidy of 6 d. in the Pound of all Merchandises granted to the King of many Extorsions in Collecting of them and other Evil Practices 4 Ib. n. 32 His Judgment Notwithstanding his Answer which seemed satisfactory and sufficient he was awarded to Prison and to make Fine and Ransom at the King's Will and to give his Prosecutors several Sums for Injuries pretended to be done to them It displeased the King 5 Ib. n. 35. Alice Perer s Forfeiture and Banishment that Women should pursue and sollicite Business in the King's Court and therefore forbad all Women especially Alice Perers for the future to do it upon pain to forfeit whatever the said Alice could and to be banished the Realm Sitting this Parlement the Prince of Wales King Edward's The Death of the Prince of Wales Eldest Son died on the 8th of June being Trinity Sunday 6 Ib. n. 50. The Commons humbly pray the King That for the great Comfort of the whole Kingdom en grand confort de tout le Roialme he would order the Noble Child or Youth Richard of Burdeaux His Son Richard of Burdeaux brought into Parlement and made Prince of Wales c. Son and Heir of Edward late his Eldest Son Prince of Wales to come into the Parlement that the Lords and Commons might see and Honour him as the true Heir apparent of the Realm Which Request was granted and at the same time the Bishops Lords Temporal and Commons applied to the King to make him Prince of Wales Which was done The Commons Petition 7 Ib. n. 57. The Commons Petition about Justices of the Peace That Justices of the Peace may be named in every County by the Lords and Knights of the County in Parlement and Sworn before the King's Council and not to be removed without consent in Parlement and that they might be allowed Wages The King's Answer was 8 Ibm. Ro. The King's Answer They should be named by him and his continual Council and as to Wages he would advise The Major Aldermen and Commons of London shew unto the King 9 Ib. n. 143. The Grievances of the City of London they were impoverished and brought to nothing by reason their Franchises granted and confirmed by him and his Noble Progenitors were restrained and in a great measure taken from them and assign their chief
Grievance to be That any Stranger might have a House and dwell in the City be a Broker and buy and sell all sorts of Merchandises by Retail and Stranger sell to Strangers that they may again sell the same Goods to others to the great raising the Price of Merchandises and making them Dear Whereas in times past no Strange Merchant used any of these Practices against the Franchises of the City by which the Merchants of the City were much impoverished the Navy or Shipping much impaired the Private Transactions of the Nation discovered by those Strangers to his Enemies by Spies and others lodging in their Houses And then pray it They pray Remedy would please the King and his good Council in Charity to order in that Parlement that Merchant Strangers should be restrained in these Practices and that the Major Aldermen and Commons of the said City might enjoy their Franchises notwithstanding any Statute or Ordinance made to the contrary The King's Answer was 1 Ibm. Ro. The King's Answer upon Condition c. That upon Condition the City might be under good Government to the Honour of him and Profit of the Kingdom from thence forward no Stranger should have a House to be a Broker nor Sell any Goods by Retail within the City or Suburbs notwithstanding any Statute or Ordinance to the contrary saving to the German Merchants of the Haâ—s-Towns their Franchises Granted and Confirmed to them His Letters Patents to the same purpose by the King and his Progenitors According to the Purport and Effect of this Answer the Major Aldermen and Citizens of London obtained the King's Letters Patents Dated the 4th of November next following The Commons Petition the King That whereas great Riots 2 Ib. n. 164. The Commons Petition against Riots were committed in several parts of the Nation by great numbers of Armed Men that the Sheriffs might raise the Posse Comitatus or Power of the County to suppress them and that the Sheriffs and Justices of Peace might inform the King's Council of such Rebels de tiels Rebelles as refused to go with them The Answer was 3 Ibm. Ro. The King's Answer The King by Advice of his great Council would order Remedy if need were but in the mean time let the Statutes concerning that Matter be put in due Execution This Parlement ended July the 6th in the 50th of Ed. III. Whether the Two Kings sent their Commissioners to Bruges on the 15th of September 1375 as was agreed on or if so what was done then I find not however the Truce continued for in The last Truce continued the next year in a Commission to Thomas de Felton Seneschal or Steward of Aquitan and others Dated the 28th of May in the 50th of Edward the Third for Reforming whatever had been done against the Form of the Truce in that Dutchy and punishing the Offenders it appears that the Truce had then been lately renewed and prolonged from the last day of June next coming when it was to have ended to the first of April which should be in the year 1377 or 51st of Edward the Third Holinshed Fol 411. col 1. n. 60. says it was again continued to the first of May and then the War opened But the King many months before the Expiration of the Truce The King of France designing against King Edward had notice of a Design forming against him by the King of France having made an Alliance with Spain and Scotland to that purpose wherefore on the first of December in the 50th of his Reign he issued 4 Clause 50 Ed. III. M 6. Dors Part 2. He calls a Parlement Writs for a Parlement to meet on the Quinden of St. Hillary or 27th of January next coming at Westminster which was held by Commission to the Prince of Wales then about 10 years of Age the Bishop of St. Davids being Chancellor Who 5 Rot. Parl. 51 Ed. III. n. 11 12 13 The Declaration of the Causes of Summons in his Declaration of the Causes of Summons moved the Lords and Commons to a due Love Affection and Obedience toward the King and his Grandchild the Prince of Wales and then tells the chief Cause of Summons was for the Defence of the Land for that the King having at the Request of the Pope agreed to a Treaty of Peace and that there was a Truce made for a time while a Peace might be made which Truce his Adversary of France had broken and was preparing for War and by the assistance of Spain Scotland and other Enemies to destroy the King Kingdom and English Language To obviate this Design and the Malice of his Enemies and to Maintain the Peace of the Nation within and without by their Counsel and Advice was his great Intention as also to know how the Expence of the War should be provided for and for that it was not fit for a Bishop to say any thing against the Pope Monsieur Robert de Ashton Chamberlain to the King was appointed to propound how further Provision might be made against his Vsurpations as should by a Bill be shewed in this Parlement At another 6 Ib. n. 18. meeting of the Prelates Lords and Commons in Parlement the Commons in the King's Name were directed to go to their Old Place the Chapter House of the Abby of Westminster there to treat and advise how due Resistance might be made to the Enemies of the Nation for the safety of the King Kingdom Navy and themselves and how Money might be most speedily raised to the least Grievance of the People The Prelates and Lords Treating likewise about the same Matters there was A Committee of Lords appointed by Parlement to Treat with the Commons assigned in Parlement to have Conference with the Commons for their better Information the Bishops of Lincoln Chichester Hereford and Salisbury the Earls of Arundel Warwick Salisbury and Stafford the Lords Percy Roos Fitzwalter and Basset To Maintain his 7 Ib. n. 19. Wars considering the great Charges the King was to be at for them the defence of the Kingdom and otherwise the Lords and Commons Grant him Four pence of the A Tax granted Goods of every Person des biens de chescune persone of the Kingdom Male and Female above Fourteen years of Age except very Beggers and most humbly pray their Liege Lord he would please to excuse them that they could grant him no greater Subsidy being most willing to have done it but that they were so impoverished of late by great Losses at Sea as otherwise pur grands perdes sur la meer come autrement that they were unable at present And the Commons 8 Ib. n. 20. Treasurers for the Tax prayed the King he would please to Name Two Earls and Two Barons that should be Treasurers as well of this Subsidy as of that the Clergie was yet to grant and also of the Subsidy of Wool Pelts and Leather
granted the last Parlement and that they might be Sworn in their presence That what was Received by them should wholly be expended upon the Wars and not otherwise and that the High Treasurer of England should receive nothing or any ways meddle herein But afterwards when they had 9 Ib. n. 21. Who were laid aside and the High Treasurer made Receiver considered what Sum the Wages of such Four Treasurers would amount unto by the year quel somme les Gaiges des sieux quatre Tresoiriers resident â—ur celle fait amonteroit per an the Commons departed from this Request and prayed the High Treasurer might be Receiver to the use of the War in manner accustomed The 1 Ib. n. 32. The Commons Petition Commons in this Parlement beseeched the King That the Patent lately granted viz. November the 4th as above by the great Council to the Major Aldermen and Commons of the City of London upon the Article That no Strange Merchant That the Patent granted to London might be granted to other Cities and Burghs ought to Sell to another Strange Merchant any Goods or Merchandise to Sell again in manner as in the said Patent is more fully contained might be renewed and granted as well to other Cities and Burghs as to them with a Charter or Clause of Confirmation Of which Patent the Copy follows Edward 3 Ib. Rot. Parl. 51 Ed. III. n. 33. The Patent it self King of England c. To whom these present Letters shall come Greeting Our Beloved and Faithful the Major Aldermen and the rest of the Citizens of the City of London by their Petition exhibited before us and our Great Council containing amongst other things That for that all Strangers do freely sell all sorts of Merchandise whatsoever within the Liberty of the said City that they may be sold again as the Citizens do whereas the said Strangers according to the Liberty of the said City anciently obtained ought not nor could so do Whereby as well the said Citizens are much impoverished and Goods and Merchandise much more dear c. for Relief of the Citizens and Common Profit of our People under a grievous Forfeiture to us to command they shall be restrained We being favourably enclined to the said Petition Will and Grant That no Stranger within the Liberty of the City aforesaid shall sell any Merchandise to a Stranger or any ways presume to do it that they may be sold again until by the Noble and Great Men of our Kingdom per Proceres Magnates Regni nostri it shall be duly debated in our next Parlement whether our present Grant may for the future redound to the Disprofit or Common Profit of our People Saving always to the Lords of our Kingdom and all others that they may buy such Merchandise of all Men in Gross for their own Vse and saving also to the German Hanse Merchants the Liberties Granted and Confirmed to them by us and our Progenitors In Witness whereof we have caused to be made these Letters Patents Witness our self at Westminster Novemb. 4. in the Year of our Reign of England 50th of France 37th The Answer to the Petition above with which this Patent was delivered and presented by the Commons was Le Roy 4 Ibm. Ro. The Answer to the Petition voet estre informe The King will be informed At the same time the 5 Ib. n. 34. A Petition of the Commons and Citizens of London about their Corner Commons with the Mayor Aldermen and Commons of the City of London Petition the King That for divers Mischiefs that often happened in the said City by reason the Coroner was not Justiciable nest pas justisable by the Major Aldermen or other Officers That they might chuse a Coroner of themselves and remove him when they pleased as it was practised in many Cities and Towns of the Land they answering to the King in manner as appertained to the said Office The King's Answer was Le Roy 6 Ibm. my voet mye depart a son ancien Droit The King The King's Answer to it will not depart from his ancient Right The Commons Petition the 7 Ibm n 35. The Commons Petition that Foreigners might be removed out of the Land c. King That for many Causes well known to his Privy Council as to them That it would be profitable to the Kingdom that all manner of Foreigners were commanded out of it during the Wars unless they were Merchants and Artificers which were not Adherents to his Enemies and such as their stay were advantageous to the Reaalm and for that he was their Liege Lord pur le que voz esterz nostre Seigneur Liege c. and had the Power of doing Justice in Right of his Crown in all things Temporal within his Kingdom and that they have no Obedience of any thing Temporal but to him as their King and Liege Lord That he would please to Order and Command That none of his Lieges be Farmer or Servant to any that have Estates in England unless to such as inhabit there or such as were in his Legiance and had special Leave to live out of the Kingdom And that he would please to Command his Sage Council to add more to this matter that might be needful for the Amendment and Profit of his Kingdom And they all his said Commons make Protestations before God Himself and all the Prelates and Clercs which were at that Parlement That their Intent and Will was That the True Estate of Holy Church shall not by them be Blemished in any Point but otherwise preserved and kept safe according to your Pleasure The Answer was Le Roy les 8 Ibm. Ro. The King's Answer Grantz de la Terre s'adviserent en ordeneront que mien y soit Affoire The King and the Great Men of the Land will Advise and order what is best to be done And further in this case they Petition 9 Ibm. n. 36. They Petition against Provisors That all Provisors of Benefices from Rome and that their Officers or Servants may be put out of the King's Protection if they Sue Prosecute or any way Disturb or cause to be Excommunicated the True Patrons This was the Answer The Pope hath promised Redress 1 Ibm. The King's Answer and if he makes it not the Laws in this case shall be in force Amongst their Petitions in this Parlement we find the 2 Ibm. n. 75. The Commons pray the Judgment against the Lord Latimer may be reversed Commons pray the King and Noble Lords of Parlement That whereas in the last Parlement by untrue Suggestions and without due Process the Lord Latimer one of the Peers of the Realm and sufficient to be of the King's Council as well for his Wars as otherwise was outed of all Offices and Privy Council with the King estoit oustrez de toutz Offices des Privez Consielx entrour le
Roy That he may by Award of this present Parlement be restored to his former Estate and Degree to the great Profit of the Kingdom The King 3 Ibm. Ro. The King grants their Prayerâ— willeth at the Prayer of several Prelates and Lords of Parlement d'aucuns Prelates Seigneurs de Parlement and also at the Prayer of the Commons In the last Day of the Parlement when the Petitions of the Commons had been read and answered the Speaker Sir Thomas 4 Ibm. n. 87. The Speaker prays That the Judgments against all such who had been Impeached last Parlement might be reversed Hungerford said before the Prelates Lords and Commons That whereas many People as well Men as Women had been Impeached in the last Parlement without due Process and were Judged in certain Peynes and foreclosed of the commune Liberty which every Loyal Subject ought to enjoy and therefore prayed it would please his Majesty to restore them to their former Estates Dignities and all other things notwithstanding those Judgments The King presently demanded If their Request was made for all that were impeached And he answered Their Request was all It was then told them They must declare distinctly in Writing for whom and why they Petitioned And presently the same Day Seven Bills i. e. Petitions were delivered to the Clerk of the Parlement whereof the first Two do here follow To our most 5 Ibm. n. 88. The same Prayer for the impeached Persons in particular Dread and Noble Lord our Lord the King pray the Commons of your Realm That whereas your Liege Rich. Lyon by hasty Process was adjudged to the Tower of London during your Majesty's Pleasure That it would please your Gracious Lordship que ple a vostre Graciouse Seigneurie to Grant him your Favour to be restored to the Law his Goods Lands and Tenements for according to Law no cause of Forfeiture could be found in him To their 6 Ibm. n. 89. most Dread and Gracious Lord the King and his Sage Council in this present Parlement his Commons make Supplication supplient ses Comunes That whereas Alice Perrers by untrue Suggestion and undue Process was in the last Parlement foreclosed of the Common Liberty which every Loyal Liege of the King as well Men as Women ought freely to enjoy unless they be convict of a Crime or evil Deed for which they are to forfeit it they would please for the Love of God and right Justice to have Consideration That the said Alice was never present in Parlement nor otherwise duly admitted to answer any thing for which she was Judged and for this cause to repeal the Judgment if any were and cause her to be restored entirely to her former Estate the said Judgment or any Prohibition made against the said Alice in the same Parlement notwithstanding The other Five Bills or Petitions were according to this Form for five other Persons namely John de Leycester Adam de Bury Walter Sporier John Peachy of London and William Ellys of Yarmouth But there was not nor could be any Answer made to them The Parlement ended 7 Ibm. n. 95. because the Parlement ended the same Day before any thing could be done in them Sitting this Parlement the 8 Claus 51 Edw. III. M. 16. King was informed the French were gotten to Sea and had done much hurt upon the Coasts wherefore he endeavoured to prolong the Truce To which purpose on the 20th of 9 Rot. Fran. 51 Ed. III. M. 7. Feb. he appointed several Commissioners to Treat with the Commissioners of the King of France before the Pope's Legates but nothing was done in the matter the Legates only propounded a Match between Richard Prince of Wales and Mary the King of France his Daughter And afterwards there The Truce continued was another Meeting of Commissioners at Monstreul without other effect than continuing the Truce until the first of May next following as was before noted out of Holinshed Mezeray 1 Fol. 394. says King Edward was now much desirous of Peace and was willing to relinquish many Articles of the Treaty of Bretigny but was prevented by Death On the 26th of April another 2 Rot. Fran. 51 Ed III. M. 3. Commission was made to the Bishop of St. Davids John Bishop of Hereford and others by which Power was given them to Treat at Monstreul with the French Commissioners and to compose all Differences Wars and Contentions But by reason of Jealousie and Suspicion the Commissioners had one of another they never met This Year John 3 Wals f. 191 192. Knighton col 2647. n. 10. Wyclif was convented before the Arch-Bishop of Canterbury and Bishop of London for his Opinions contrary to the Opinions of those Times at the Black-Friers London where were present John Duke of Lancaster and the Lord Percy How Wycliff behaved himself at this time See the lâ—tter end of Church Affairs in this Reign The Citizens of London their Rage against John Duke of Lancaster The Duke gave the Bishop of London some harsh words which gave the Citizens such Disturbance that they in a great Tumult would have murdered him and pulled down or set fire to his House called the Savoy had not the Bishop interposed and kept them from doing it To save himself he left his Dinner and gat privately away to Kemington near Lambeth where the Prince was with his Mother So that not finding him they only in the Streets reversed his Arms as if he had been a Traitor For 4 Holinsh f. 412. n. 30. Hypod. Nâ—â—str f. 53. n. 40. King Edward's Death this the present Major and Aldermen were put out of their Places and others put in by the Duke's Power who then in the King's Weakness and Infirmities was his Assistant and Viceroy and had Directed all the Affairs of the Nation for some time of which Infirmities and Sickness daily encreasing 5 Wals Hist f. 192. n. 30. Hypod. Neustr f. 531. n. 50. he Died at his House of Shene June 21. 1377. having Reigned 50 Years 4 Months and 28 Days Church-Affairs THE old Controversie was still continued inter Regnum Sacerdotium between the Secular and Ecclesiastic Governments or between the King and Pope concerning the Regalia in Church Matters and concerning the Clergy In the 4th of his Reign the King 1 Append. n. 97. wrote to the Pope which was John XXII concerning the Treasury of York having been given by Provision to a Cardinal against the Rights of his Crown and Prerogative and to the inestimable Damage of the Kingdom that he would revoke his Provision and supplicates him to direct the Cardinal not to contend against William de Maza his Clerk that was in Possession of it by his Presentation about such a Novelty and Vsurpation it being his and always had been the Right of his Progenitors in the Vacancy of the Arch-Bishoprick and to strengthen that Right vouches a Precedent in the
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
the Pope under his Great Seal and the Peers and Great Men of the Land under their Seals That he would cease from putting these Burthens upon the Nation and revoke what he had done And if any of the Peers or Great Men would not Seal such a Letter the Commons would not hold him a Well-wisher to the King's Profit or theirs And in case the Pope should not comply with what was desired they pray the King to encourage and maintain such as should and would endeavour to remove this Burthen and put such out of his Protection as would not They also pray him to Command all the Peers and Great Men of the Land to stay at this Parlement quietly until these things should be perfected and sealed as above Et la Comune pri a nostre Seigneur le Roy qil voille comander as touz les Piers Grantz de la Terre qils demoergent en pees a le Parlement tanque ceste choses soient perfaites enseales sicome desus est dit And for the great Damage that might happen in the mean time he would please to grant his Prohibitions to the Ministers and Proctors of the Great Bishops not to meddle in this matter until the Pope had wrote back his Pleasure The 8 Ibm. Ro. Answer to this was That the King understood the Mischief and would that the Great Men and Commons should order Remedy and Amendment and he would agree to it voet que entre les Grantz les Comunes soit ordeigner Remedie Amendment il sacorder And also the King would and agreed That Letters should be wrote to the Pope about this matter as well by himself as also by the Great Men and by the Commons And 9 Ibm. n. 10. then the Earls Barons and other Nobles and the whole Communalty of the Realm puis fu prier a nostre Seigneur le Roy en ce Parlement par Counts Barons autres Nobles tote la Comunalte du Roialme prayed the King That for to avoid and set aside the Damages Grievance and Oppression of the People and Holy Church of England de Seint Eglise d'Angleterre which were done there by the Reservations and Provisions of the Court of Rome par Provisions Reservations de la Court de Rome as well of Benefices as of First-Fruits and by Impositions of Tenths and other Burthens in Disheriting as well the King and his Crown as the said Earls Barons and other Nobles he would please to command to be considered certain Petitions of the Earls Barons and Commons of the Realm in the time of his Grandfather in his Parlement holden at Carlisle in the 35th Year of his Reign and also the Agreement and Judgment made upon them in that Parlement Their Prayer was granted and search was ordered to be made in the Rolls and Remembrances of the said Parlement where amongst other things it was found That upon the shewing of the Earls Barons and Commons their Petitions The Statute of Provisors made at Carlisle Ed. I. That Holy Church in this Nation had been founded in the State of Prelacy by his Grandfather and his Progenitors the Earls Barons and their Antecestors to inform the People in the Holy Faith and for Prayers Alms and Hospitality to be made done and kept in the Places where the Churches were founded for the Souls of the Founders and their Heirs and all Christians And that certain Possessions and Lands in Fee and Advowsons to a very great Value were assigned to the Arch-Bishops Bishops Abbots Priors and other Houses of Religion by your said Grandfather and his Progenitors Earls Barons and other Great Men of the Realm and their Ancestors and that they in the time of Vacancy of such Prelacies and Houses as Lords and Advowees or Patrons had and ought to have the Presentments and Collations of all manner of Benefices of the Advowry or Patronage of such Prelates to give them to Englishmen * Writ of the King's Council who had Great Place with his Grandfather and the Great Men abovesaid for their Knowledge and Advice when they had occasion to make use of them And that the Pope that then was had appropriated to himself the Gifts of such Possessions and Benefices by his Provisions and Reservations and gave and granted Dignities Prebendaries and Churches to such as never Resided in England and to Cardinals and others as well Strangers as Englishmen which could not Reside here as if he had been true Patron and Advowee of Right as he was not For which things if they should be suffered within a short time there would be no Benefice in the Gift of such Prelates but by such Provisions would be in the Hands of Strangers contrary to the Will and Intent of the Founders and so the Elections of Arch-Bishops and Bishops would fail Prayers Hospitalities and Alms which ought to be performed would cease and his Grandfather and other Lay Patrons in times of vacancy would lose their Presentments and Collations and the said Council would * For want of Bishops and able Dignified Persons of his own Nation of which then the King's Council mostly consisted perish and the Goods of the Nation in a great measure carried out of the Kingdom to the undoing of the State of the Holy Church of England de seinte Esglise Dengleterre and the Disinheriting of his Grandfather and his Crown des autres Nobles du dit Roialme and of other Nobles of the Realm and in Offence and Destruction of the Laws and Rights of the Kingdom to the greatest Damage and Oppression of the People and Subversion of the State of the whole Nation contrary to the Will and Ordinance of the first Founders By the Assent of the Earls Barons Nobles and Commonalty considering intirely the Errors and Damages aforesaid in the said Parlement of Carlisle it was Provided Ordained Decreed and Considered That the forenamed Grievances Oppressions and other Damages and Errors aforesaid from thenceforth should not be suffered to be done in any manner Whereupon the said Grandfather by his Writs forbad all such as it concerned to attempt or do any thing that might turn to the Blemishing of his Royal Dignity or in prejudice of the Nobles or his People and further he commanded all the Sheriffs by his Writs That if by Enquests taken any could be found doing to the contrary they should take their Bodies and bring them safely before him at a certain day to answer as well to him as others that would complain against them and to do further and receive what the Court should award in this Case Wherefore our Lord the King Edward the Third in this present Parlement at the Suit of the Commonalty making Suggestion by their Petition before him and his Council of many Errors Damages and Grievances that many times happened by such Provisions and Reservations as well of Benefices as First Fruits and other things whatsoever Of Impositions of Tenths
and other Burthens by the Pope lately made To the Slander Dishonour and Depression of the whole Church of England and Disinheriting of our Lord the King and his Crown and other Nobles of the Kingdom and in Offence and Destruction of the Laws and Rights thereof and most grievous Damage of his People and Subversion of the State of the whole Realm against the Will of God and the good Design of the Founders of these Benefices and against the Provision Ordinance Accord Decree and Consideration aforesaid made by his Grandfather and and Council and they pray the King he would please to have regard to the Church of England to the Indemnity and Disinheriting of himself the Earls Barons Nobles and Commonalty and Ordain Remedy He by assent of the Earls Barons and Nobles and the Commonalty of his Realm Provided Ordained Accorded Decreed and Considered That as well within the Franchise of the Cinque-Ports as other-where upon the Sea Coasts and thro all the Counties of the Kingdom as well within Franchise as without open Proclamation should be made That none of what Estate or Condition soever he was be he Stranger or Denizen should from henceforward bring or cause to be brought upon grievous forfeiture to the King Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People to deliver to Arch-Bishops Bishops Abbats Priors Earls Barons or any others within the Realm and that none by virtue of such Provisions or Reservations receive Benefices of Holy Church and that none upon the forfeiture aforesaid receive or take such Letters Bulls Process or Instruments touching such Provisions and Reservations nor by reason thereof make Institution or Induction or any other manner of Execution of them and that none do or suffer to be done any other thing that may be prejudicial to the King or his People or Blemish the Rights of his Crown or the Provisions Ordinances Accords Decrees and Consideration beforesaid And also it was further agreed That diligent search should be made in all Places needful for all and every one coming into the Kingdom and that all who shall be taken by such Search or Enquest to be taken or by other Information bringing Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People and all those who by them receive any Benefices and place themselves in or be received into them And also those that by Authority of such Letters Bulls Process Reservations or Instruments shall or do make any Appeals Citations or Process against the Patrons of the Benefices or those they have Presented or any others or shall Prosecute or cause to be Prosecuted in any Court whatever where they have done or procured to be done any thing in prejudice of the King or the Earls Barons Nobles and Commonalty aforesaid or of the Provisions Ordinances Accords Decrees and Consideration and against the Proclamation and Inhibition aforesaid shall be taken and arrested by their Bodies and the Letters Bulls Process and Instruments upon such Provisions and Reservations shall be taken from them or others wherever they are to be found and sent before the King's Council with their Bodies that brought them into England Wales Ireland or the County of Chester or Prosecuted any Execution of them with the Bodies of all others that shall be taken and arrested for the cause abovesaid to take and receive what the Court shall award and that hereupon Writs to that purpose be sent thro the whole Realm According to this Agreement a Proclamation and Writs were issued but without effect for in the Parlement 1 Clause 18 Ed. III. Part 1. M. 14. Dors next year which began Eight days after Holy Trinity the Commons prayed the King 2 Rot. Parl. 18 Ed III. n. 33. That the Provisions Ordinances and Accord made in the Parlement of the 17th year of his Reign concerning the Provisions and Reservations de la Court de Rome of the Court of Rome might be confirmed and made a perpetual Statute It was also 3 Ib. n. 36. ordered That the King present to the Prebends Dignities Churches and Chappels of such as lived in his Enemies Countreys or seize them into his Hands and employ the Profits in Defence of the Land and Holy Church except so much as should maintain the Houses and provide for Divine Service 4 Ib. n. 37. and that any one who should bring any thing prejudicial to this Order from beyond Sea should be taken and carried back again And further That these Writs and Proclamation were of no effect it appears by another 5 Append. n. 99. Proclamation this year directed to the Sheriffs of London in which all these Provisions Ordinances and Agreements are recited and in which it is said further That some Provisors such as had received Benefices c. by the Pope's Provisions as well Strangers as Denizens their Proctors and Messengers not considering the said Provisions Ordinances Concords Decrees Proclamation and Inhibitions nor the Punishments contained in them had brought Letters Bulls Process Reservations and Instruments into the Kingdom prejudicial to the King and his People and had delivered them to Arch-Bishops Bishops Abbats Priors and others as well Denizens as Strangers to be Executed since and contrary to the Proclamation and Inhibition aforesaid and the Arch-Bishops Bishops and others receiving them by virtue thereof admitted and inducted very many Provisors and their Proctors or Substitutes into Benefices which they possessed to the disinheriting and intolerable prejudice of the King his Crown and People against the Form of the Provisions Concords Decrees Considerations Proclamation and Inhibitions aforesaid And you that is the Sheriffs of London have attempted somewhat against that Proclamation and Inhibition and have hitherto neglected to obey our Command therein at which we are much troubled and then he comes to the Inhibition according to the Points of the former Agreement Provision and Ordinance including all those that admitted or inducted any into Benefices according to the Pope's Bulls and Reservations under the greatest Forfeiture that could be made and concludes They should so behave themselves in the Execution of this present Proclamation and Command as he might not have cause to prosecute them as Favourers of his and the Kingdom 's Enemies Witness the King at Westminster the 30th of January in the Eighteenth year of his Reign of England and of France the Fifth By the King and the whole Council In the same manner all the Sheriffs of England received the King's Commands That they put in Execution the Proclamation in their several Counties and Shires and also Bartholomew de Burghersh Constable of Dover Castle and Keeper of the Five Ports In a Parlement holden on the 8th of September in the 20th of his Reign by Leonel his Son Guardian of England 6 Rot. Parl. 20 Ed. III. n. 30. the Commons Petition that the Alien Monks might be made to go out of England before Michaelmass next
coming and that those that stayed beyond that Feast might be Outlawed and the Abbies and Priories which they possessed might be seized into the King's Hand and Englishmen placed in them according to the Advice of the Ordinary of the Place For that the young English Scholars who had and then did neglect their Studies and those that should be the Teachers of their Faith and would undertake it if they had any hopes to be incouraged And that the good Priories were in the Hands of Strangers who carried the Revenues beyond Sea so that for this reason their Faith was like to come to nothing That the strange Monks were only Laymen and the King their Patron The 7 Ib. Ro. Answer That the Religious Aliens were Spiritual Persons and in their Houses by Institution which thing could not be Tried in Parlement quele chose ne poet Estre trie en Parlement And as to their Lands and Benefices they were in the King's Hands and he received the Profits of them but as to Outing of them it could not be done without Consulting the King It was also Prayed 8 Ib. n. 32. That Strangers Enemies in England who should remain there after St. Michael and should be Outlawed Command might be given to seize their Possessions and Goods to the King's Use and he to cause Englishmen to inform the Parishioners and support the Chanteries for that those that were advanced in England were Taylors Shoemakers and Chamberlains to Cardinals sont Taillours Suours Chamberleyns as Cardinalx so that the Parishioners were not informed by them and their Faith decreased daily The 9 Ib. Ro. Answer was near the same with the other That they were Spiritual Persons and the King had taken the Profits as abovesaid and as to Outing them of their Benefices it could not be done without the King's Assent Notwithstanding these Proceedings in Parlement against the Pope's Bulls his Provisions and Reservations and the Proclamations and Inhibitions thereupon the same Course was continued for in the 25th of his Reign 1 Rot. Parl. 25 Ed. III. Part 1. n. 13. the Commons in a long Petition to the King and Peers of the Land Item prie sa dite Comunes a nostre dit Seigneur le Roy a les Pieres de la terre veer regarder un tres Grand Mischief c. pray them to take notice of the great Mischief and Destruction of late coming upon the Kingdom by the Pope's Reservations by Brocage and purchasing his Provisions and many of the former Grievances complained of which turned to a greater Ruine of the Nation then the whole War and Request the King would please with his Council to ordain Remedy in that Parlement for that the longer these things were suffered there would be the greater difficulty in Reforming them and it was then 2 Ibm. Agreed the Answer to this Petition should be made a Statute for which see Statutes at Large and Pulton in this year And in a Second Parlement the same year the Commons 3 Ib. Part 2. â— 43. pray this Statute concerning Provisions and Reservations might be published and put in Execution against such as acted to the contrary The Answer 4 Ibm. was That the Statute should be recited before the Council and if need were it should be better worded and amended so as the Estate of the King and Kingdom might in all things be safe and preserved In the 27th of the King 5 Statute aâ— Large 27 E. III. c. â— upon the grievous Complaint of the Great Men and Commons That divers of the King's People had been drawn out of the Kingdom to answer things the Cognisance whereof belonged to the King's Court And that the Judgments given in the same Court were impeached in another Court in prejudice and disherison of the King and his Crown and all the People of the Realm in destruction and undoing of the Common Law It was accorded and assented by the King Great Men and Commons That any of the King's Ligeance who should practice such things and upon warning given him to appear before the King and Council or before his Justices at the time appointed to undergo the Law and did not should be put out of the King's Protection and his Lands Goods and Chattels forfeit to the King his Body to be Imprisoned and Ransomed at the King 's Will. During this Contest between the King and Pope or Secular and Ecclesiastick Power then so termed the King was very kind to the Clergie in confirming their old and granting them many new Liberties and Priviledges as appears by the Statutes made for the Clergy in Print in the Statutes at Large in the 14th 18th and 25th of his Reign From this time all things were pretty quiet no considerable things complained of in Parlement against the Pope and his Provisions until the 47th of his Reign when the Commons 6 Rot. Parl. 47 E. III. n. 30. Request Remedy against them for that by reason thereof he received the First Fruits of Ecclesiastical Dignities and by that Means the Treasure of the Realm was conveyed away which they could not bear The Answer was 7 Ib. Ro. The King had Embassadors at the Court of Rome concerning these Matters before whose Return he could not give them Satisfaction In the Fiftieth year of his Reign 8 Append. n. 100. the Knights Citizens and Burgesses which came to this Parlement for the Commonalty of the Realm do pray the King and his Council and supplicate on behalf of the Commonalty That he would please to have good Consideration to the Things underwritten and Faults following and Ordain convenient Remedy which will be the most pleasing to God and kind to Holy Church the most profitable to him and his Kingdom that ever was done it being their holy Faith and firm Hope that those who please God and holy Church shall be accepted in whatever they do First That he would please to think and re-think how his Noble Progenitors Kings of England and other Great Men of the same Land autres Grands de mesme la terre built Churches and in process of time by great Devotion endowed them with Riches Rents Lands and great Possessions Franchises and Temporalities which with what the King himself had given amounted to more then the Third part of his Kingdom and think how all these things were given upon such Devotion and Intent that the Profits rising from them should be spent upon the Places where they were given to the Honour of God and Maintenance of the Places belonging to them in Hospitality and Alms and divers Works of Charity in the Service of God and Holy Church in Chaplains Clerks and Poor that Prayed Night and Day for their Holy Father the Pope for Holy Church for the King and Kingdom for Peace for their Founders Patrons and Benefactors for their Souls and all Christian Souls And think how the Kings and other Great Men autre
A. D. 1337. Clergy in Convocation a three Years Tenth given him by Citizens and Burgesses in Parliament and by others a three Years Fifteenth to maintain the War then beginning with France and to pay Germans Brabanters and other Confederates on the Borders of Germany against the King of France In the 13th Year the Great Men gave him the Tenth Sheaf of Rot. Parl. 13 Ed. III. Part 1. n. 5. all manner of Grain of their Demeasn Lands except their Bond-Tenants the Tenth Fleece and the Tenth Lamb. This was in the first Parlement this Year 15 Days after Michaelmas The Commons excuse themselves and desire to go into the Ibm. n. â— Country and endeavour to procure an Aid answerable to the King's Necessity A Parliament was Summoned to meet eight Days after St. Hillary Rot. Parl. 13 Ed. III. Part 2. n. 5 6 7 or 20th of January in which the Commons gave the King 30000 Sacks of Wooll In his 14th Year the Prelates Earls Barons for them and Ib. 14 Ed. III. Par. 1. n. 5 6 7. their Tenants the Knights of Counties for themselves and Commons of the Land les Chivalers de Countees pur eux pur les Comunes de la Terre granted to the King the Ninth Sheaf Fleece and Lamb the Citizens and Burgesses gave the very Ninth of all their Goods according to the true Value for two Years next coming Those that lived not in Cities and Burghs nor lived upon Tillage or Shop paid the Fifteenth Part of all their Goods according to the true Value Upon the King's writing to them for speedy Supply seeing the Ibm. Part 2. n. 9 10. Ninths could not be levied time enough for his Service the Lords and Commons agreed to have 20000 Sacks of Wooll speedily provided Ibm. 15 Ed. III. n. 56 c. In the 15th the Ninths were revoked in respect of this Grant of 20000 Sacks of Wooll In the 18th the Clergy of the Province of Canterbury granted a Ib. 18 Ed. III. n. 9 10. three Years Tenth and the Commons granted for the Commons of the Land Two Fifteenths and Two Tenths of Cities and Burghs And afterwards the Commons granted another Fifteenth The Lords promised to go or went with the King in Person and therefore gave nothing In the 20th Year the Commons granted Two Fifteenths to be levied Ibm. 20 Ed. III. n. 11. in two Years in Cities Burghs ancient Demeasns as also of the Commons of the Counties In the 22d Year the Commons granted Three Fifteenths to be Ib. 22 Ed. III n. 4. levied in three Years so as one Fifteenth be levied in one Year and no more In the 25th Year the Great Men of the Realm and the Communalty Ibm. 25 Ed. III. Part 2. n. n. 9 10. by the Advice of some Great Men sent to assist them granted the King Three Tenths and Three Fifteenths to be paid in three Years In the 27th Year the King made it his Request That the Prelates Ibm. 27 Ed. III. n. 31 or 9. Great Men and Commons would grant him the Subsidy of Wooll-fells and Leather for some time to which Prayer they unanimously consented and granted that Subsidy in manner as it had been received before that time for three Years In his 29th Year the Commons came into the presence of the King Ibm. 29 Ed. III. n. 11. Prelates and Great Men assembled in the White Chamber and having there a short Conference with the Great Men granted unanimously of one accord the Subsidy of Wooll Leather and Wooll-fells for six Years next coming so as during that time no other Impositions or Charges be put upon the said Commons In the 36th Year the Great Men and Commons les Grantz Ibm. 36 Ed. n. 35. Comunes granted unto the King of every Sack of Wooll transported 20 s. of every 300 Woollfells 20 s. and of every Last of Leather 40 s. besides the ancient Custom of half a Marc a Sack of Denisons and 10 s. of Strangers half a Marc of every 300 Woollfells of Denisons and 10 s. of Strangers and one Marc of every Last of Leather of Denisons and 20 s. of Strangers for three Years In the 42d Year the Prelates and Great Men les Prelates Ibm. 42 Ed. III n. 9. Grantz eu Deliberation plein ove les Comunes dune accorde Granterent c. having had full Deliberation with the Commons granted the Subsidy of Wooll Woollfells and Leather for two Years of every Sack of Wooll and every Twelvescore Woollfells 36 s. 8 d. of every Last of Leather 4 l. besides the ancient Custom as before In his 43d Year the Lords and Commons granted to him the Ibm. 43 Ed. III n. 9 10. Subsidy as above for three Years of every Sack of Wooll 43 s. 4 d. which passed beyond Sea of every Twelvescore Woollfells as much and of every Last of Leather 4 l. besides the ancient Custom of Strangers for every Sack of Wooll four Marcs of every Twelvescore Woollfells four Marcs and of every Last of Leather eight Marcs besides the ancient Custom In the 45th Year the Great Men and Commons granted a Subsidy Ib. 45 Ed. III. n. 6. of 50000 l. to be levied of every Parish of the Land 22 s. 3 d. so as the Parish of greater Value should contribute ratably to those of less Value This 22 s. 3. d. of every Parish answered not the Sum of Ib n. 10 11. 50000 l. and therefore not long after at Winchester the Great Men and Commons granted 5 l. 16 s. of every Parish the 22 s. 3 d. being comprised in it so as the Parishes of greater Value should contribute to those of less In the 46th Year the Lords and Commons granted for two Years Ib. 46 Ed. III. n. 10. the Subsidy of Wooll Leather and Woollfells as it was granted in the 43d Year And for that the Sum of this Subsidy was not sufficient for the Ib. n. 11. King's Expences they granted a Fifteenth for one Year to be levied as the last was The Citizens and Burgesses in this Parlement for the safe Convoying Ib. n. 14 15. of their Ships and Goods granted 2 s. upon every Ton of Wine and 6 d. in the Pound of all Goods for a Year In the 47th Year the Lords and Commons granted a Fifteenth Ib. 47 Ed. III. n. 5. as it had been in ancient manner levied for two Years they also gave Tonnage and Poundage for two Years as it was given last Year of all Merchandise exported and imported except of Woolls Woollfells and Leather and then grant the Subsidy of them for the next Year coming In the 50th Year the Lords and Commons granted the Subsidy of Ib. 50 Ed. III. n. 9. Wooll Leather and Woollfells for three Years as it had been granted in his 47th Year In his 51st Year the Lords and Commons grant him 4 d. of every Ib. 51 Ed. III. n. 19.
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
of such Reports of the Land was a manifest and very Traytor for such Debates might turn to the Destruction of the Kingdom for ever and he prayed that a good Ordinance and a just and speedy Punishment might be provided in that Parlement for such Talkers and Inventors of Evil Reports or Dreams sur tieux parlours trouvours de mesongs to avoid such Mischiefs for the time to come but for the time past all should be forgiven as to his own Person After this 1 Ibm. n. 17 18. The Commons pray Three things of the King and Lords First That Eight continual Counsellors may be appointed for that the King at present was Innocent and of Tender Age for the amendment of several Mischiefs and the Salvation of the Realm which was then in greater Danger then ever it was before the Commons prayed the King and Lords of Parlement for Three things especially First That they would in that Parlement Appoint and Name Eight Persons of divers Estates to be the continual Counsellors of the King for the Business of the Kingdom together with the King's Officers to be such Persons as best knew and most diligently would and could take pains in the amendment of the Mischiefs and for the good Government and Salvation of the Realm and the Commons might know the Names of those Counsellors which also may be the Expenditors and Directors of what was to be given toward the Wars Secondly That they would please to 2 Ib. n. 19. Secondly Such to be appointed as were to be about the King's Person Name and Appoint in that Parlement such as should be about the King's Person People of Virtuous and honest Conversation that might Educate him accordingly and that the Charge of the King's House might be born with the Revenue of the Crown so as what was granted for the Wars might only be employed that way Thirdly That the 3 Ib. n. 20. Thirdly That the Land might be observed Common Law and other Statutes and Ordinances of the Land might be Observed Ratified and Confirmed and the People Governed by it and that it might not be defeated with Masterships and Singularities of any about the King c. saving in all things the Regalities and Dignity of the King to which the Commons would not any prejudice should be done any way by their Demands The Answer to these Demands 4 Ib. in the end of the number The general Answer was That the Prelates and Lords would Advise together commanding the Commons to return to their place commandant as communes de retournir a lour place and Treat of their other Charges given to them tretir de lours autres â—â—arges a lours douez between that time and Thursday next a quel jour ils furent commandez a retournir en parlement c. to hear the Answer to their Requests The first 5 Ibm. n. 21 22. The particular Answer to the first Request Request of the Commons was Repeated before the King and Lords and by them granted so as the Chancellor Treasurer and Keeper of the Privy Seal Justices of the one Bench and the other and all other Officers of the Realm may execute their Offices without the presence of such Councellors who by Advice of the Lords were 6 Ib. n. 23. Nine the Bishops of London Carlisle and Salisbury the Earls of March and Stafford Messires Richard de Stafford and Henry Lescrop Banerets and Messires John Deverose and Hugh Segrave Bachelors Which 7 Ib. n. 25. Nine Prelates Earls and others chosen in Council for this year esluz en conseil pur ceâ—â— An were Sworn before the King himself to do what they were chosen for in the presence of many Lords of Parlement As to the Second Request to 8 Name and Assign such as To the second Request should be about the King's Person the Lords of Parlement there answered That it seemed to them for many Causes too heavy and hard a Request trop chargeant dure Request to place any Person about the King that should not well please him or to Remove any Officer or Servant if it were not by his Express Will and for notable fault to be proved against such Officers and Servants Wherefore the Lords would not willingly meddle with these Matters peront les Seigneurs ne verroient voluntres entre mettre To the other 8 Ib. toward the end of the number part of this Request the Lords Answered They would by good Deliberation speak with the Great Officers of the King's Houshold and if by their advice it could be done saving the State and Honour of the King what they desired should be performed For the 9 Ib. in the end of the number To the Third Third at present it seemed reasonable to all the Lords it should be granted The Lords and Commons * Ib. n. 27. Two Fifteenths and Two Tenths granted perceiving the great danger of Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies granted to the King Two Fifteenths without Cities and Burghs and Two Tenths within Cities and Burghs for Two years praying the King That as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King 's Appointment which were William Special Treasures appointed to receive them Walworth and John Philypot Merchants of London who were to give an Accompt of their Receipts and Disbursements in manner as the King and his great Council should order In this 1 Ib. n. 41 42 43. Parlement Alice Perrers was brought into the Lords House where Sir Richard Lescrop Steward of the King's Houshold by the Command of the Prelates and Lords Recited in the presence of the said Alice an * See this Ordinance here in the 50th of Ed. III. Alice Perrers accused in Parliament Ordinance made in the Parlement holden at Westminster in the 50th of Edward the Third That no Woman especially Alice Perrers should prosecute any Business in the King's Courts by way of Maintenance upon pain of forfeiture and Banishment out of the Kingdom and the said Seneschal or Steward surmised to the said Alice and the Lords That she had incurred the pain of it and forfeited against the Ordinance in Two Points First That Sir Nicholas Dagworth was ordered by the King's Council to go into Ireland upon several great Matters profitable to the King and his Realm the said Alice after the Ordinance made perswaded the King and procured at the Court at Havering by her singular Suit That the said Nicholas should be countermanded and his Voyage staid to the great damage of the King and Realm Secondly That one Richard Lyons for certain Misprisions of which he was Convict in the said Parlement submitted himself to the King's Grace viz. his
Prey About this time the Duke of Lancaster desired to have the Money The Duke of Lancaster equips a great Fleet. granted the last Parlement upon promise to secure the Kingdom from Invasion of all Enemies for one Year and to do some other great Good to the Nation which at length he obtained and provided a great Fleet and also for his Assistance hired Nine Ships at Bayon which in coming hither encountred a Fleet of Spaniards and took Fourteen Ships laden with Wine and other Merchandise Henry the Bastard that called himself King of Spain hearing Henry the Bastard King of Spain prepares a great Fleet to opposehim what those of Bayon had done and that the Duke of Lancaster was putting to Sea with a great Fleet and Force fearing him by reason of his Title to his Kingdom prepared a great Navy to oppose him and if he could to take him Prisoner The Duke The Duke delayed his putting to Sea The English Fleet beatenâ— by the Spaniards delayed the time of his putting to Sea the Chief Officers of the Fleet were disturbed at it and sailed without him and having been some days at Sea met the Spanish Fleet by which they were beaten and Sir Hugh Courtney a Famous Soldier taken with many others This Misfortune says Walsingham was imputed to the Duke for that he made such long Delays but whether he was in Fault knew not And while he was thus Dilatory John Mercer a Scot with a Ships taken out of Scarburgh Haven by John Mercer a Scot. J. Philpot sets out Men of War at his own Charge Takes Mercer with all his own and 15 Spanish Ships that had joined him Was questioned for it but discharged small Force of French Scots and Spaniards took some Ships in Scarburgh Haven killing some of the Mariners and carried them with him to Sea John Philpot a rich Citizen of London considering the Negligence if not the Falsity of those who were to defend the Nation and provide against such Inconveniencies at his own Charge set out some Men of War which met with Mercer and 15 Spanish Ships that had joined him and behaving themselves bravely took him and all the Ships with him recovering the Ships that were taken at Scarburgh and taking great Riches in the Spanish and other Ships John Philpot was taxed by the Lords for presuming to set forth Men of War without Advice of the King's Council but he made such a Defence before the Earl of Stafford and others that called him to account as he was suffered to depart without further Trouble for that matter Still the Duke delayed his going to Sea it not being known for what Reason until the Spring and beginning of Summer were over but by his Persuasion the Earls of Salisbury and Arundel set sail and landed in Normandy who compounded with the King of Navarre then become Enemy to the King of France for the Town and Port of Cherburgh then very considerable in The King of Navarre sells Cherburgh in Normandy to the English The Duke of Lancaster puts to Sea Lands in Britany Returns ingloriously which was placed a Garrison of English and so the Earls returned At length the Duke of Lancaster went to Sea and with him the Earls of Buckingham Stafford Warwick and others of the English Nobility with a great Force they landed in Britany where Sir Robert Knolls burnt several Towns and lost many of his stoutest Men. The Duke besieged St. Malo but it was so well defended as he raised the Siege and returned home Walsingham says at first the Townsmen would have yielded so as the Town might have been preserved from being burnt and plundered The Duke would not accept it but upon Discretion and that he might do with it what he pleased In the mean time the French landed in Cornwal and burnt Fowey or Foy and The French land in Cornwal Burn Foy and other Towns A Truce between the English Scots who had burnt Roxburgh c. and several other Towns without Resistance The Scots taking the Advantage of the present time burnt Roxburgh and spoiled the Country thereabout whereupon a Truce was made between the English and them for some time On 8 Rot. Parl. 2 Ric. II. n. 1 2. Part 1. A Parlement at Glocester The Scots make Alliance with the French Thursday the 21st of October it having met the Day before the Parlement sate at Gloucester in the Great Hall of the Abby there The Bishop of St. Davids then Lord Chancellor declared the cause of Summons wherein he took notice of what had been done by the Scots at Roxburgh and that since 9 Ibm. n. 7. notwithstanding the Truce they had made Alliance with the French against England Next Day Monsieur Richard le Scrop Steward of the Houshold enlarged upon the Causes of Calling the Parlement and making excuse for his own Inability 1 Ibm. n. 15. Declaration of Summons told the Prelates Lords and Commons as the Chancellor had said before That the Nation was encompassed with Enemies who daily encreased That the Ports of Cherburgh and Brest which of a long time had not been in the hands of the English besides Calais Burdeaux and Bayon with the Countries about them were very chargeable to maintain Calais with its Marches or Limits about it stood the King in 24000 l. every Year and Brest 12000 Marcs and the other three Places according to the same Rate Afterwards 2 Ibm. n. 16 The Speaker's Request and Protestation in behalf of himself and Commons Sir James Pickering Speaker of the House of Commons with the Commons came before the King Prelates and Lords in Parlement puis le Comunes reviendrent devant le Roy les Prelates en Parlement illoeques Monsieur James de Pickering c. making Protestation as well for himself as for the whole Commons of England First for the Commons That if he should utter any thing to the Prejudice Damage Slander or Disgrace of the King or his Crown or in lessening the Honour or Estate of the Great Lords it might not be taken notice of by the King and that the Lords would hold it for nothing as if nothing had been said primerment pur la dite Comune que si per cas il y dist choses que purreit soner en Prejudice Damage Esclandre ou Villaine de nostre Seigneur le Roy ou de sa Corone ou en anientisement del Honour Estate des Grants Seigneurs du Roialm que ce ne feust acceptez par le Roy les Seigneurs eins teâ—â—â— pur nul come Riens nent este dit for that the Commons soveraignly desired soveraignment desirent to maintain the Honour and Estate of the King and the Rights of the Crown in all Points As also to preserve the Reverence due to the Lords in all Parts So much for the Commons For his own Person he made Protestation That if by Indiscretion he
spake any thing by Common Assent of his Companions it might be amended by them before their departure or afterwards He then 3 Ibm. n. 17. rehearsed in short Words the Articles of the Charge il rehearceast en courtes Paroles les Articles de les Chargez a eaux donez And first for the Liberties and Franchises for the Liberties and Franchise of the Church Good Laws and Customs Honour of God granted to Holy Church and for the King's Promise of preserving the Good Laws and Customs of his Kingdom entirely and punishing such as should any thing do against them the Commons humbly thanked him with their whole Hearts kneeling upon the Ground les genulx a Terre and praying God they might be put in due Execution As to the Aid the King 4 Ibm. n. 18. The Commons Pretences why they ought or could not grant an Aid demanded of his Commons for the Defence and Safety of the Kingdom and for the Safeguard of his Lordships Lands Towns and Forts beyond Sea and toward his Wars the Commons said la Comune dit That in the last Parlement in his first Year the same things were shewn unto them in behalf of the King at which time they answered It was apparent the King had not so great need for an Aid seeing he had in his hands the Priories alien the Subsidies of Wooll the Revenues of the Crown the Lands of the Prince his Father and many other Great Lordships by the Nonage of the Heirs of them and that therefore there must be great Plenty of Money in the Treasury To which the King's Council then answered That lately the Charge of the Coronation had been very great and that the Money upon those Funds they mentioned came in very slowly nor could they be collected soon enough for an Expedition that Year And it was then further said That if the Commons would furnish the King with â— great Sum of Money to make such an Expedition as might be for the Destruction of his Enemies en destruction des ses Enemies they hoped he might have Money sufficient afterwards from time to time to maintain the War and defend the Kingdom And thereupon the Commons then said That in hopes of that Promise to be discharged of Tallage for a great time after they granted a greater Sum than had been given to any King to be levied in so short a time And all things considered it seemed to the Commons that there must be a great Sum in the Treasury besides what had been expended in the last Voyage so that the King had no need to charge the Commons who were in a lower Condition than ever by reason of that Payment and lately by the Murrein amongst their Cattel and their Enemies Burnings upon the Sea-Coasts That their Corn and other Chattels were at so low a Rate that no Money could be raised at present And hereupon they prayed the King to excuse them not being able to bear any Charge for pure Poverty pur pure Povertee To all which 5 Ibm. n. 19. A full Answer to those Pretences The Commons charged with untruth Monsieur Richard le Scrop answered making Protestation That he knew of no such Promise made in the last Parlement and saving the Honour and Reverence due to the King and Lords what the Commons said was not True le dit de la Comune en celle partie ne contient my veritee And as to the Subsidy last granted that a great part of it was in the Treasury to wit of the Two Fifteenths and Two Tenths and afterward of Wooll in that Parlement he vouched the Testimony of William Walworth and John Philpot who by their Consent were appointed Receivers of them that every Penny thereof was expended upon the War and that not one Penny came to the High Treasurer of England or any other to the Use of the King That the Revenues of the Crown besides the Annuities and other Charges upon them granted by his Grandfather and Father were too small and without the Customs of Wooll and Lands of the Priors aliens the Honour and Estate of the King could not be maintained And therefore they were to know that according to Reason they ought to relinquish their Complaint if they pleased a celle pleint voâ—s faut par Reson cesser si vous plest Whereupon the Commons 6 Ib. n. 20. The Commons request to know how the Money had been expended To know the Names of the Great Officers and Governours of the King's Person for the Year ensuing after a short Deliberation made it their Request to the King he would please to shew them how and in what manner the great Sums given for the War had been expended and also that he would please to let them know the Names of such as should be the Great Officers of the Kingdom and who his Counsellors and Governours of his Person being yet of tender Age for the next Year as it had been before Ordained in Parlement To which it was 7 Ib. n. 21. The Answer to both those Requests answered on the behalf of the King by the said Monsieur Richard That though there never was any account given of Subsidies or any other Grant made in Parlement or out of Parlement to the Commons or any other but to the King and his Officers yet he willed and commanded of his own motion to please the Commons not that it was of Right for him so to do or that he was forced to it do by reason of their Request now made That William Walworth then present with some of his Council assigned thereto by him should in Writing clearly shew them the Receipts and Expences so as it should not be drawn into Example for the future As to the Officers the King had caused them to be chosen by the Advice of the Lords And as to his Counsellors they should be such as pleased him serra les Counsellers de tieux come luy plerra whose Names they should receive in certain si plest au Roy. The King commanded charged and prayed them and also all The Commons commanded and prayed to dispatch their Parlement Business the Lords present prayed them nostre Seigneur le Roy vous commande charge enpriant ainsi vous priont touz les Seigneur cy presentz That having due Consideration of the great apparent Dangers on all sides they would provide for the Defence of the Kingdom which not only concerned the King but all and every one of them and think how the War might be maintained and give as speedy an Answer as they could that the Parlement To save the Charge of the poor Commons in paying their Wages might have an end and good effect in ease of the King Lords and themselves for the Profit of the Kingdom and Discharge of the poor Commons that every day paid their Expences during the Parlement which was one of their principal Charges given the first day Another
Ambush who commanded his Men not to hurt any of them and by a safe Conduct from Sir Hugh Caverley delivered them all to The Britans offer to yield their Towns and Castles to the English him without Ransom and informed him That if he would land it would much please the Lords and Inhabitants of the Country who were ready to deliver unto him their strong Towns and Castles if he would remain there for the Guard of the Country who Excused himself and said he had other Matters to prosecute and could not then satisfie their Desires The Duke of Britan by his own Subjects with the assistance A League Offensive and Defensive between King Richard and the Duke of Britan. of the King of France had been forced out of his own Country in the time of Edward the Third and was now in England and made a very strict League Offensive and Defensive with King Richard between them and their Subjects and no Peace to be made with France but by mutual Consent The Original being in the Old Chapter-house at Westminster Dated March 1. in the Year of Grace 1379 at Westminster Before this 7 Rot Clause 2 Ric. II. M. 13 Dors A Parlement called on the 16th of February Writs were issued for a Parlement to meet 15 days after Easter in which the Lords and Commons considering the great Necessities of the Kingdom the Malice of it's Enemies of France and otherwhere upon Condition the Mark upon every Sack of Wooll and the 6 d. in the Pound which was given in the last Parlement at Gloucester should be remitted did then grant 8 Rot. Part. 2 Rich. II. n. 13. The Subsidy of Wooll c. granted And a Sum of Money upon particular Persons the Subsidy of Wooll for one year after the Feast of St. Michael next coming of every Sack of Wooll as it had been granted before the Parlement at Gloucester and likewise a Sum to be paid by divers Persons of the Kingdom as there ordered and named For which see the Appendix Numb 102. Not long after this Parlement the 9 Walsingh f. 225. n. 50. The Duke of Britan called home A. D. 1379. and 3d of Ed. III. A great Mortality in the North. Britans called home their Duke who was convoyed by Sir Thomas Percy and Sir Hugh Calverley and landed at a Port near St. Malo on the 4th day of August where and in all Places he was received with a mighty Welcome and strange Rejoicings as well of the Lords and Great Men as Common People This Summer there happened 1 Ib. f. 228. n. 10 20 30. The Scots harrass and plunder the Country a great Mortality of People in the North parts of the Kingdom whereby the Country became almost desolate The Scots took this advantage invaded the Borders harrassed robbed and plundered the same killing many of the People that were left alive driving away vast numbers of Cattel scarce leaving any thing behind them not so much as Hogs which they never drove away before About the 2 Ib. f. 231. n. 50. f. 232. n. 10 20 c. A Fleet and Army to assist the Duke of Britan. Feast of St. Nicholas or 6th of December this Third year of the King a Fleet with an Army to assist the Duke of Britan against the King of France who had invaded his Country and taken several of his Towns and Castles was to have passed into that Dukedom under the Conduct of Sir John Arundel Sir Hugh Calverley Sir Thomas Percy Sir William Elinham Sir Thomas Morews Sir Thomas Banestor and many other Knights and Esquires great Soldiers so soon as they were out at Sea there arose an horrible Tempest which scattered the Fleet and The Fleet destroyed by Tempest drove them they knew not whether Sir John Arundel's Ship was lost and himself drowned as likewise Twenty five more and above 1000 Men Sir Thomas Percy Sir Hugh Caverley and Sir William Elinham with others of Note hardly escaped At the same time says 3 F. 335. n. 40. The French and Spanish Fleet destroyed by the same Tempest Walsingham the Spaniards and French had brought together a mighty Fleet out of France Spain Portugal and other Countreys subject to them to hinder the landing of the English in Britany but met with the same Storm and Tempest and lost more Men and Ships then the English did On the 20th of October last past the King had sent forth 4 Rot. Clause 3 Ric. II. M. 32. Dors A Parlement called Writs for a Parlement to meet on Monday next after St. Hillary or the 14th of January wherein the Commons by their Speakers 5 Rot. Parl. 3 Ric. II. n. 12. A. D. 1380. The Commons pray the Continual Council may be discharged The Five great Officers not to be changed until next Parlement pray That the Prelates and other Lords of the Continual Council may be discharged and no such to be retained seeing the King was of good Discretion and Stature de bone Discretion Bel Stature in respect of his Age which agreed with the Age of his Grandfather at the time of his Coronation who then had no other Counsellors but the Five Principal Officers of his Realm Praying further Those Five Officers that is to say the Chancellor Treasurer Guardian of the Privy Seal Chief Chamberlain and Steward of the Houshold not to be renewed or changed until the next Parlement They likewise 6 Ibm. n. 13 14. A Commission of Inquiry into Courts the State of the King's House Receits and Expences c. Pray a Commission to certain Commissioners to Survey and Examin in all Courts and Places the State of the King's Houshold the Expences and Receits in all the Offices c. This was granted and a Commission made to the Earls of Arundel Warwick and Stafford William Latimer Guy Bryan and John Montacute Banerets John Hastings John Gildesborough and Edward Dalyngrugge Knights William Walworth and John Philpot Citizens of London and Thomas Graa Citizen of York c. Then the 7 Ib. n. 16. The Lords and Commons grant a Fifteenth and half and Tenth and half For an Expedition into Britany Lords and Commons perceiving the King and Kingdom were set round with Enemies who with great Force endeavoured all they could as well by Land as Sea to destroy them both and further to extinguish the English Language therefore for the Defence and Safety of the Kingdom and for the good Success of the Expedition ordered into Britany and Destruction of the said Enemies grant freely tho it was very hard to be born to the King One Fifteenth and half without Cities and Burghs and One Tenth and half within Cities and Burghs with Prayer That his Subsidy and what was remaining of that given the last Parlement might only be applied to the Expedition into Britany and no where else Considering also 8 Ib. n. 17. The Subsidy of Wooll and granted a further time
that the Subsidy of Woolls Leather and Woollfells was to end at Michaelmas next coming and that from thence the King was not able to endure the great Charges he was to be at to maintain the War in the Marches of â—alais Brest Cherburgh in Gascoigny Ireland and the Marches of Scotland they grant him the same Subsidies from the time they were to end until Michaelmass next after praying the King there might not be a Parlement to charge the Poor Commons until a year after Michaelmas next coming The Scots toward the latter end of this 9 Walsingh f. 240. n. 30 40. A. D. 1380. The Barbarity of the Scots in Cumberland and Westmerland Summer invade Cumberland and Westmerland raging killing and burning every where and driving away as the Historian says it was reported 40000 of all sorts of Beasts and went to Penreth where was then a great Fair and Conflux of People they killed some carried away others Captive and with them all the Goods of the Town and Fair. The Earl of Northumberland was preparing to 1 Ibm. drive them out of the Country and Borders and force them to make Satisfaction Which was to be considered on the March-Day or do the same things in Scotland when he received a Prohibition from the King not to do any thing but to expect the March Day which was a day appointed for the English and Scots to meet every year and adjust things done by either Nation upon the Borders In the same year 2 Mezeray f 398. The Death of Charles King of France on the 16th of September died Charles the Fifth King of France called The Wise On his Death-Bed he left the Regency to his next Brother the Duke of Anjou directing him to make some Agreement with the Duke of Britan if possible His Eldest Son 3 Ibm. f. 400 401. His Son Charles succeeds him Charles succeeded him being then about Twelve years of Age and was Crowned at Rheims on the 4th of November At this time there were great 4 Ib. and f. 402 403. Great Tumults and Disorders in France Tumults and Disorders in France by reason the Duke of Anjou had not taken off the Imposts as his Brother had Commanded on his Death-Bed but settled new ones especially upon the City of Paris The like 5 Ibm. and Walsingh f. 241. n. 20 30. The same in Flanders Mutinies Confusions and Tumults were then in Flanders by the Seditious People against their Earl especially those of Ipre and Gaunt having received great Provocations from him as Walsingham relates it After the 6 Froysard c. 360. Disaster of the Fleet and Army under the Command of Sir John Arundel Sir Thomas Percy c. the Duke of Britan this Summer about Whitsuntide sent to the King for Assistance against the King of France Thomas of Woodstock Earl The Duke of Britan sends to the King for Assistance of Buckingham 7 Ibm. as General the Earl of Stafford and many Barons Knights and Esquires of great Note and Skill in Arms were appointed and retained for this Expedition and 8 Ibm. landed at Calais on the 19th of July 1380 and marched from thence into Britany thro' Champagne and other Countreys by small Marches without any considerable Disturbance 9 Ib. c 363 and 365. wasting the Countreys as they went staying 2 3 4 days or more at every place or good Town where they rested and took up their Quarters When they came near Britany the Englishmen wondered they 1 Ib. c. 368. The Duke's negligence heard not from the Duke the Earl sent to him Sir Thomas Percy and Sir Thomas Trivet who met him on the way going to the Earl When they came together at Rennes they resolved to besiege Nantes as the most obstinate and Rebellious 2 Ib. c. 369. The English besiege Nants Town in Britany the Duke to assist the Earl in this Siege with his whole Force The English remained 15 days at Rennes to make themselves ready and went before the Town They within the Town had notice of these things who sent to the Duke of The Duke 's further Negligence Anjou to send them some French Officers and Soldiers to join with them for the Maintenance of the Place and they had them The English lay before 3 Ib. c. 374. They raise the Siege Nantes Two months and four days and never heard of the Duke or his Men when on the day after New-years-day they raised the Siege and marched towards Vannes where the Duke was and there and several other Towns near upon the Coast of Britany the English were Quartered all Winter 4 Ibm. The Earl's intention was at the Spring to march into France and to that purpose sent into England for more Forces The King and his Council approved his Design and engaged to send another Army to land at Cherburgh in due time to join him All this while the Duke had 5 Ibm. The Duke of Britan makes his Peace privately with France had Commissioners at Paris privately making his Peace with the Duke of Anjou which was concluded upon these Articles First it was agreed That the Duke of Britan should provide Ships to carry back the English into their own Country Secondly That the Garrison of Cherburgh The Articles of that Peace which was with the Earl before Nantes should if they would return thither by Land and have Safe Conduct Thirdly That after the departure of the English the Duke to go into France and do his Homage and Fealty to the French King as his Natural Lord. 6 Ibm. Soon after this Agreement the Duke came to Vannes and privately acquainted the Earl with it excusing himself by the obstinacy of his People and that otherwise he must have lost his Country 7 Ibm. On the 11th of April the Earl with the English set Sail from Vannes and other small Ports near and came for England About Michaelmass 8 Holinshed f. 428. and Walsingh f. 244. n. 20 30. The Duke of Lancaster went with a great Force into the North parts And did nothing the Duke of Lancaster the Earls of Warwick and Stafford with other Lords and great Soldiers with a great Force went into the North Parts to Account with the Scots for their late Invasion and lay so long in Northumberland as they ruined the Country more then a Scottish Irruption would have done They made a Truce with the Scots for half a year and so returned bringing nothing from Scotland but some Horses which they divided amongst themselves On Monday next after the 9 Ro. Parl. 4 Ric. II. n. 1 2. A Parlement at Northampton Feast of all All-Saints there was a Parlement holden at Northampton which was adjourned until Thursday at which time the Arch-Bishop of Canterbury then Chancellor tho many Temporal Lords were absent in the Marches of Scotland with the Duke of Lancaster declared the Causes of their
Meeting 3 Ib. n. 3 4. The Cause of Summons saying it could not be unknown to them That the Earl of Buckingham had been sent over into France with an Army which had cost the King more then was given him last Parlement besides the Expedition into Scotland the Defence of The King's Necessities and great Charge Forced to Pawn his Jewels Guien and his Charge in Ireland had put him to so great Expences as he had been forced to pawn his Jewels the Subsidy of Wooll's coming to little by reason of the present Riot or Confusion in Flanders That the Soldiers in the Marches of Calais Brest and Cherburgh were in Arrear more then Three months and there was fear they might desert for want of their Pay That they were to Consider the King was mightily in Debt That he was bound by Covenant and Indenture to pay the Earl of Buckingham and others in that Expedition for another half year which was near ended and that the King was to be at a very great Charge for Guarding the Coasts And at last desires them to Advise the King how this Charge might be born with the most Ease and the Kingdom best defended against all its Enemies by Land and by Sea in as short time as they could And when the 4 Ib. n. 10. The Commons with with their Speaker in presence of the King Prelates and Lords Desire to know what Sum was demanded to supply the King's Necessity Commons had Treated one day about their Charge Et Apres les dites Comunes avoient entre comuner tretes un jour de lour dit charge they returned into the Parlement in presence of the King Prelates and Lords and there Monsieur John Gildesburgh Kt. their Speaker demanded a more clear Declaration of what had been said to them and especially what Sum they would demand to support the Charge praying no more might be required then was necessary illoeges Monsieur Johan Gildesburgh Chivaler quavoit les paroles pur la Comune demandast de par la Comune illoeque davoir pluis clere Declaration de leur dite per especial de la some totale quelle leur verroit ore demander pur les ditz charges supporter empriantz que celle somme fuist tielment modefiez que pluis ny fust demandez que ne convendroit necessairement for that the Commons were poor and of small Estate to bear the Charge any longer 5 Ib. n. 11. The Sum demanded was 160000 l. whereupon a Schedule was delivered in by the King 's great Officers and Council containing the Sums necessary which amounted to One hundred and sixty thousand Pounds Sterling The Commons pray 6 Ib. n. 12. The Commons think it an Outrageous and importable Sum. And pray the Prelates and Lords would Treat and Propound the Ways how a portable Sum might be levied the King and Lords la Comune empriantz a nostre Seigneur le Roy as Seigneurs du Parlement for that they thought the Sum demanded was much outrageous que la somme de eulx ore demandez si est moelt outrageous and importable That they would use such moderation as nothing might be demanded but what was portable and necessary now to have for the Causes above set forth And further they pray That the Prelates and Lords would Treat by themselves about the Matter and propound the Ways by which any such Sum portable might be levied and collected After the 7 Ib. n. â—3 The Lords cause the Commons to come before them Lords had advised about the Matter they caused the Commons to come before them ils firent la Comune venir autre foitz devant eulx and told them what they had thought on First That a certain Sum of Groats might be granted of every Person of the Kingdom Males and Females the more sufficient to help the less sufficient Secondly if that pleased And propound several Ways of raising Money to them not to have for a term an Imposition upon all manner of Merchandises bought and sold thro the Realm every time they should be sold to be paid by the Vendor And Thirdly Their Advice was to raise a certain Sum by Tenths and Fifteenths But because the last were very grievous to the poor Commons a la poure Comune and that Impositions had never been tried before nor could it be known to what Sum they would rise nor in what time a notable Sum might be raised and therefore the Lords pitched upon the Groats and propounded four or five to be levied upon every Person as above so as the most able might be constrained to assist the less able This way of Tallage seeming to them the best and most easie The 8 Ib. n. 14. The Commons desire One Third of the Tax might be born by the Clergy Commons when they had a long time Treated upon the manner of the Levy they came into Parlement and made Protestation they came not to grant any thing that day but they thought if the Clergie would support a Third part of the Charge they would grant 100000 l. to be raised by a certain number of Groats so as the Laity might pay 100000 Marks and the Clergie 50000 for that they possessed a Third part of the Kingdom and prayed the King and Temporal Lords to move it to them speedily to resolve and take upon them the Charge To which the Clergie 9 Ibm. The Clergy claim the Liberty of the Church and affirm their Grants ought not to be made in Parlement Replied That their Grants were never made in Parlement nor ought to be and that the Laymen neither ought or could constrain them in that Case and claim the Liberty of the Church which it had enjoyed before that time and desire the Commons might be charged to do what they ought and were bound to do come ils deivent sont Tenuz del faire and they would do in the present necessity as they had done before At last the 1 Ib. n. 15. Three Groats granted upon every Person Lords and Commons agreed to give Three Groats of every Person of the Kingdom Males and Females of the Age of Fifteen years of what Condition and Estate soever they were except very Beggars The Sufficient People in every Town to contribute to the assistance of the less able so as none paid above Sixty Groats including those for himself and Wife The whole to be for the Support of the Earl of Buckingham and the other Lords and People with him in Britan and for Defence of the Kingdom and Safeguard of the Sea Two parts to be paid Fifteen days after St. Hillary and the other at Whitsunday next after No Knights Citizens or Burgesses of this Parlement to be Collectors of this Money but that the King would order thro the Kingdom such as should equally levy it according to the meaning of this Grant Toward the latter end of this Fourth year of Richard the
Second Many Riots and Insurrections in the Nation there happened many Riots Insurrections and Rebellions in many places of the Kingdom The Historians tell us this Three Groat Tax and the Insolence Incivility and Rudeness of the Collectors to young Maidens was the cause of them They The Three Groat Tax the supposed cause of them might at first be the pretence and give occasion to put in execution what the Leaders and Contrivers of the intended general Insurrection of the Villanes Natives Bond-Tenents and Clowns designed in the First of this King the Demands and Practices of these Men being built upon the same foundation These Insurrections began first in Kent and Essex In Kent under They began in Kent Essex Wat Tiler Jack Straw the Leading of Wat Tiler in Essex under the Conduct of Jack Straw The 2 Wals f. â—47 n. 40 50. f 248. A. D. 1381. Bulk of the People were Villains Bond-Tenants Country Clowns such as were in Debt and knew not how to satisfie their Creditors and Criminals who feared the Severity of the Law The Kentish Rebels Rendezvoused upon Black-heath to a vast number on 3 Ibm. f. 249 250 251 252 253 c. Their Pretences Wednesday June 12. Their Pretences were Liberty changing the Evil Customs of the Nation and cutting off the Heads of all the Lawyers great and small and all that had any Offices in the Law or Relation to it any way where-ever they could find them for that the Nation could not enjoy a true Liberty until they were killed 4 Ibm. The King sent to them to know the Reason of that Commotion and the gathering together of such a Multitude They told the Messengers they met to speak with the King about certain matters and ordered them to go back and let him know he must come to them and hear what they desired Some about the King persuaded him to go forthwith The Arch-Bishop of Canterbury Simon de Sudbury then Chancellor and Sir Robert Hales Prior of St. Johns of Jerusalem then Lord Treasurer earnestly dissuaded him moving him rather to think of suppressing than going to speak with such a Rabble about Business 5 Ibm. Of which these rude People having notice they threaten to cut off their Heads And forthwith marching towards London came to Southwark where they pulled down 6 Froys c. 383. Their Practices Houses brake open the King's Prisons and let forth the Prisoners who joined with them The Bridge-Gate was shut against them but by the Assistance of their Friends in the City and by their Menaces and Threatnings of the Citizens if they had not free Passage into the City the 7 Ibm. Wals ut supra Gates were opened and they passed backwards and forwards into and out of the City as they pleased giving out they came only to search for Traytors to the Kingdom and at that time paid for what they called for which got them Reputation with the low and ordinary Citizens of whom a great many joined with them Next Day which was the Feast of Corpus Christi or 13th of June they marched through the City to the Savoy the Duke of Lancaster's House whom they called Traytor and hated above all Men This 8 Ibm. House they burnt and beat down and destroyed all the rich Furniture throwing his Gold and Jewels into the Thames as likewise all his Plate first breaking it into small pieces and made it by Proclaclamation Capital for any one to retain any thing to his own use that they might shew the People what they did was not out of Covetousness 9 Ibm. From hence they went to the Temple then an Habitation for Lawyers this they demolish and burn all their Books and Papers with the Records that were there kept 1 Ibm. From this Place they go to Clerkenwell where they destroy all the Goods in the Hospital of St. John and set fire on that Magnificent Building 2 Ibm. They now divided themselves into Three Bodies one went to Heybury a Mannour belonging to the Hospital of St. Johns near London where they were busie in destroying and plundering all the Goods belonging to it and pulling down a Noble House that stood there 3 Ibm. A second Body of them which were most of Essex and the Countries adjoining lodged themselves upon Mile-end-Green and the third about St. Katherines and Tower-hill Next Day being Friday and June 14th 4 Frâ—â—s c. 384. Wals â—t supra the King with several Noblemen went to Mile-end-Green and telling them he was their King asked those People being about 60000 what they would have They told him They desired he would make them free themselves their Heirs and Lands and that they might not be called or reputed Bond-men The King granted their Desire on condition they would return home and leave Two or Three only of every Parish or Town to stay and bring with them their 5 Append. n. 103. Charters of Freedom Sealed with the Great Seal which should contain what they demanded With this and with mighty and most quick Dispatch having received some of their Charters they were satisfied and went to their own Places and Countries At the very same time 6 Froys Wals ut supra the Kentish-men and those with them who placed themselves on the Tower-hill and about St. Katherines went into the Tower the Gates being open without Resistance though there were in it 600 Archers and 600 other Armed Men who were so terrified and astonished at the Number Noise and Practices of this vast Multitude that they never regarded who went in or who went out from whence they took out the Arch-Bishop of Canterbury Lord Chancellor Sir Robert They cut off the Heads of the A. Bp. of Canterbury Sir R. Haleâ— c. Hales Lord Treasurer John Leg one of the King's Serjeants at Arms and a Franciscan Frier and upon Tower-hill cut off their Heads After this they went into the City and cut off the 7 Ibm. Heads of many English and Flemings there They drew out of the Church of the Augustin Friers 13 Flemings and out of other Churches 17 more and cut off their Heads in the Streets that being their only way of Murther with mighty Shouts and Rejoycing Next Day being the 15th of June 8 Ibm. they began to do as they had done the Day before cut off many Heads pull down and burn Houses The King then sent to them to let them know their Companions at Mile-end-Green upon their receiving Charters of Freedom were separated and gone home to live quietly with offer to them of Charters according to the same Form if they would accept them 9 Ibm. Wat Tiler their Great Leader replied He would embrace Peace if he liked the Conditions Thinking this way to have delayed the King and Council so as that Night he might have put his Design in execution which was to kill the King and
vast Number of such People under the Conduct of John Littister a Dier of Norwich took upon them the same Pretences and were the very same in all their Actions These compelled the Lord Scales Sir William Morley Sir John Brewes Sir Stephen Hales and Sir Robert de Salle to remain with them who seemed to do and allow what they did except Sir Robert Salle who publickly condemning and abhorring what they did had his Brains beat out The other were Litister's Favourites who now called himself King of the Commons who had his Royal Who stiled himself King of the Commons and had his Royal Officers Officers amongst whom Sir Stephen Hales was his Carver These Rebellious People whether they were wearied with or repented of what they wickedly had done and confidered what they must do sent Two of the Knights Sir William Morley and Sir John Brewes with Three of their own in whom they put most Confidence to the King where-ever he should be to obtain a Charter of Manumission and Pardon and that it might be more large than the Charters granted to other Counties They had given them a great Sum of Money which had been received of the Citizens of Norwich to preserve their City from Burning Slaughter and Plundering that they might thereby obtain what they desired Henry Spencer 2 Ibm. n. 50. f. 264 n. 10 20 30 40. The Conduct Courage and Bravery of H. Spencer Bishop of Norwich Bishop of Norwich being then in Rutlandshire hearing of this Insurrection in Norfolk was coming thither with eight Lances only and a few Archers at Icklingham near Barton-Mills he met with the Two Knights and their Three Companions going to the King and upon strict enquiry finding out the Three Traitors he presently caused their Heads to be cut off and proceeded into Norfolk where the Military Men and Gentlemen came to and marched with him to North-Walsham where the Rebels were encamped he with the Force he had with him being the first Man that charged the Enemy affaulted their Trenches and obtained the Ditch The Fight was sharp for a while but the Rabble soon fled In the pursuit many of them were killed Litister The chief Movers of this Rebellion drawn hanged and beheaded and the Chief Movers of this Rebellion were taken who were Drawn Hanged and Beheaded with many others thro' the whole Country by which means it was reduced into a peaceable Condition 3 Col. 2639. n. 10. Knighton says this Martial Bishop did the same things in Cambridge and Huntington-shires if so 't is more than probable he also reduced those of Bury St. Edmonds and the whole County of Suffolk being part of his Diocese into good Order Commissions of Oyer and Terminer The Countries where these Insurrections and Tumults were being now pretty quiet Commissions of Oyer and Terminer were Issued for the Trials of the Chief Contrivers and Managers of them 4 Wals f. 267 n. 10 20 30. for the Trial of the Rebels Those taken in London tried before the Lord Major J. Straw and others beheaded Those of London and such of Kent Essex Sussex Norfolk and Suffolk as were found within the Liberties of the City were Tried before the Lord Major of whom the Chief were John Straw John Kyrkeby Alan Treder and John Starling who Gloried that he Murthered the Arch-Bishop These had their Heads cut off and several others not named At St. Albans 5 Ibm. f. 276. n. 30 40. Gryndecobbe Cadyndon John the Barber and 15 others hanged at St. Aâ—bâ—â—s William Gryndecobbe William Cadyndon and John the Barber with 15 others were Condemned Drawn and Hanged Of the Chief Men of the Town were Imprisoned Richard Walyngford John Garlek William Berewill Thomas Putor and many other of the ordinary sort Of the Country were imprisoned 80 Persons who afterwards by the King's Mercy were set at liberty John Ball 6 Ib. f. 275 276. John Ball a Priest hang'd drawn and quartered also a Priest was taken at Coventry and brought to St. Albans where he was adjudged to be Hanged Drawn and Quartered and was executed on the 15th of July having been some Days Reprieved by the Mediation of the Bishop of London 7 Ib. f. 275. n. 10 20. His Speech on Black-heath to the Malefactors This Man had Preached to please the People above Twenty Years He made a Speech to the vast Multitude of Malefactors at Black-heath and took for his Subject the Old Rime Whan Adam Dalfe and Eve Span Who was than a Gentleman From which he inferred 8 Ib. n. 30 40. The Heads of his Speech That by Nature all Men were equal That Servitude was introduced by the injust Oppression of Wicked Men against the Will of God for if God had intended to have created Servants in the beginning of the World he would have appointed who should have been Servants and who Lords or Masters advising them to consider that then was the time given them by God in which they might shake of the Yoak off Servitude if they would and enjoy their long-desired Liberty And to this end further advised them to be Stout and hasten to procure it first by killing all the Great Men of the Kingdom then the Lawyers Justices and Jury-men and lastly to destroy all such as they knew would be injurious to them for the future So as then they might acquire Peace and Security and there would be equal Liberty the same Nobility the like Dignity and the like Power amongst them This Speech with the 9 Ibm. f 265. n. 20 30 40. John Straw's Speech and Confession at the time of his death Confession of John Straw at the time of his death discovers the full Intention of these Riots Rebellions and Tumults He said that when they assembled at Black-heath and sent to the King to come to them their Purpose was to have slain all the Knights Esquires and Gentlemen that came with him and to have carried the King with them from Place to Place that the Rabble might with greater Boldness come to them when they should see him as it were the Author of their Insurrections That when there should have been great Numbers got together in all Countries they were to have killed the Lords or Knights who were able to advise against or resist them especially the Hospitalers At last they were to have killed the King and all Bishops Monks Canons and Rectors of Churches that were Endowed and had Lands and Possessions sparing only the Friers Mendicants who were sufficient to celebrate and perform Divine Rites thro' the whole Nation These things done when there had been none Greater none more Potent none more Knowing than themselves they would have made such Laws as they pleased by which the People were to be Governed They intended also to have made Kings as Wat Tiler in Kent and in every other County One. On the Night also of that Day whereon Wat Tiler was killed the poor Rabble being on their
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
broke down the Scholars Chambers and took and carried away Goods and Chattels to a great value a grant value Also That they compelled the Masters and Scholars under Pain of Death and Destruction of their Habitations to renounce all manner of Franchises and Privileges granted to them by any King whatsoever and submit to the Government of the Town for ever Also By threatning Death they caused the Masters and Scholars to enter into Bonds to pay them great Sums of Money and forced them to give a General Acquittance and Release of all Actions Real and Personal Also That by threatning Death they compelled the Masters and Scholars to deliver to them their Charters and Privileges which they burnt in the Market-Place contrary to the King's Proclamation and Prohibition The King issued his * Ib. n. 46 47. Writs To John Masterman the present Mayor who was then one of the * Ib. n. 48. Burgesses for the Town in this Parlement and Bayliffs and to Edward Lystere the late Mayor and Bayliffs when the Riot and Tumult was to appear in Parlement to acquit themselves if they could before him and his Council reciting in his Writs most what they had done in prejudice of the Chancellor Masters and Scholars of the Vniversity They appeared and were ordered to deliver up the Renunciation Bond and Release above-mentioned under the Vniversity Seals which were cancelled in Parlement and are entred upon the Roll. The Bill against them being then read in their presence in Parlement they were asked what they had to say why their Franchises and Privileges should not be taken into the King's Hands as forfeit at that time they were not charged with any Crime but as they were told were only to answer concerning their Franchise which they did by * Ib. n. 57. Counsel and denied the Matter of Fact and further said if any such things were done they were done by the Traitors and Malefactors of the Counties of Essex Hertfordshire and Kent which came to their Town in great numbers but it appearing they were always present at these Wicked Practices and that the Renunciation Bond and Releases of the Vniversity were in their keeping and that upon the King's Precept they would not deliver them it was thought evidence enough that they were guilty of the whole when they submitted themselves wholly to the King's Grace to do what he pleased with their Franchise some part whereof by advice and assent of the Some of their Franchises granted to the University Prelates and Lords the King gave to the Vniversity and the Residue he re-granted to the Town On the 13th of December because 4 Ib. n. 64. The Parlement adjourned Christmass was near and the time of the Queen's coming into England was also near and for that her Marriage and Coronution were to be solemnized le Parlement soit ajourne par nostre seigneur le Roy de lassent des Prelates c. the King adjourned the Parlement by the assent of the Prelates Lords and Commons unto the Friday next before the Conversion of St. Paul and did Will and Command That the All things by the King's Command to remain as they were until it met again Pleas Causes and other Matters moved in that Parlement and were undetermined and all other things with their dependences should remain as they were in the same condition until the Friday abovesaid At the meeting again 5 Ib. n. 66. The Duke of Lancaster's Proposals of going into Spain c. of the Parlement there was a great Dispute about a Voyage Monsieur Despainge the Duke of Lancaster offered to make into Portugal if the Kingdom would provide him 60000 l. to pay the Wages of 2000 Men at Arms and 2000 Archers for half a year The Pretences or Reasons for this Voyage were for the saving of such English as were then there that he might recover his Right he had there for the safe-guard of the Sea and the Realm of England si Dieux plest and if God pleased for the greater destruction of its Enemies Offering also to repay this Sum in Three years either in Money or acceptable Service Upon this Offer and Voyage the Lords had a long Debate some approved He obtained not what he desired his Reasons others not so as he obtained not what he desired Yet the 6 Ib. n. 67. Lords and Commons on the 25th of February considering the Necessities of the King and the multitude of his The King's Enemies many by Sea and Land Enemies by Sea and Land with the great Expences he must be at for the defence of the Kingdom and resistance of such Enemies granted on their Free-will to the King the Subsidy of Wooll Woollfells and Leather as he received it upon the last The Subsidy of Wooll c. granted for Four years Grant from that day until the Feast of St. John Baptist next coming and from thence for Four years Whether such Defence or Resistance should be by the Voyage of Monsieur de Lancaster into Spain or any other manner whatever with this express Protestation of the Commons That it was not their intention to be obliged by any Words to Quarrel Conquer or have War with The Commons protest against Quarrelling c. with Spain Spain particularly any way whatsoever but only for the Defence of the Kingdom and Resistance of its Enemies by the advice of the Lords as it should seem best to them to ordain par lavis des seigneurs del dit Roialme come meultz lour semblera a ordeiner Between the summons and meeting of the next Parlement * Walsingham f. 290. n. 20 30 c. The Great Seal taken from Richard le Scrop the Great Seal was taken from Richard le Scrop who had received it by approbation of Parlement because he would not pass some large Gifts of Estates which had escheated to the Crown to some Ambitious Knights and Esquires inferior Servants to the King and given to Robert Braybroke * Cl. 6 Ric. II. M. 24. Dors Which disquieted the Great Men. Bishop of London on the Vigil of St. Matthew the Apostle or 20th of September by which action the King much disquieted the Great Men and Community of the Kingdom In the Sixth of the King a 7 Rot. Parl. 6 Ric. II. n. 1 2. A Parlement The Cause of Summons the Defence of the Land and to provide Means to make it Parlement was summoned to meet on Monday Eight days after Michaelmas and was adjourned until Wednesday by the King's Command when the King and Lords met in the Painted Chamber before whom the Names of the Knights Citizens and Burgesses were called over The Bishop of London then Lord Chancellor amongst others declared the cause of Summons to be for the Defence of the Land against its Enemies and to provide Means to make it The Bishop of Hereford by the King's Order made a 8 N. 9 10. A further Declaration of
the Cause of Summons Two ways propounded to deal with the Enemies of the Kingdom further Declaration of the cause of Summons and propounded Two ways to deal with the Enemies of the Kingdom one by making use of the Flemings who offered their Service and the other to close with the profer of Monsieur Despaign or Duke of Lancaster who offered to go into Spain for half a year with 2000 Men at Arms and as many Archers if he might have 43000 l. to pay them for which he would oblige himself to repay either in Money or Service These Matters being of so high a Nature 9 Ib. n. 14. The Commons desire such Lords as they named to Confer with them about their Charge the Commons make their Request to the Lords to have such as they named to Commune with them about their Charge which Request was granted and the Lords Names entered upon the Roll. The Lords and Commons 1 Ib. n. 15. A Fifteenth and Tenth granted upon Conference granted a Fifteenth and Tenth by reason of the great danger the Nation was in for the Defence of it against the great Preparations of the French to be imployed as the King by Advice of his Council and the Lords of the Realm should think fit After this the 2 Ib. n. 23. The Lords inclinable to the Duke of Lancaster's Proposal Duke of Lancaster's Profer came again into Consideration upon which the Question was put to every particular Prelate Earl Baron and Baneret whether they thought his Voyage into Spain with the number of Soldiers propounded would be profitable to the King and Realm or not They thought it might be so only believing the Force too small to make War with so strong a Kingdom At this time 3 Mezeray A D. 1381 1382. great Riots and Tumults in France and Flanders The King of France subdues a great part of Flanders there were great Riots Tumults and Rebellions in France and Flanders The Flemings had driven their Earl out of his Country he applies himself to the King of France as his Sovereign Lord for Relief They crave Assistance of the King of England The King of France marched into Flanders and subdued a great part of the Country The Earl besieged Gaunt which was the Head of the Rebellion and in danger to be taken To prevent the King of France his further Progress in Flanders his Designs against England and his Preparations to besiege Calais as he had been informed 4 Rot. Clause 6 Ric. II. Part 1. M. 4. Dors King Richard offers to go in Person with an Army into France as it is said in the Writ of Summons to another Parlement this year to be held on Monday in the third week of Lent was the chief cause of calling it And the Bishop of London Lord Chancellor declared further the King had offered to go in Person into France with a Royal Army but since that he received news the French had over-run all Flanders except Gaunt and therefore this Parlement was 5 Rot. Parl. 6 Ric. II. Part 2. n. 2 3. called for Advice whether the King should go in Person to the Relief of Gaunt and Recovery of Flanders and how to provide wherewithall for the Performance After the Commons had advised two or three days sur lour charge upon their Charge it being so great and so highly concerned his Person they 6 Ib. n. 8. The Commons pray some Lords named by them to Treat with them prayed the King to grant certain Prelates Earls and Lords named by them to Treat with them about it viz. The Arch-Bishop of Canterbury the Bishops of Ely and Hereford the Earls of Cambridge Stafford and Northumberland the Lords Nevill Fitz-Walter and Cobham The which Prelates Earls and Lords the King granted to Treat with the Commons 7 Ibm. The King granted their Prayer tho it was in his choice to assign them or name others combien que feust est doit estre en le Election de nostre dit seigneur le Roy d'assigner a ce les ditz Prelates Seigneurs issuit nomez ou autres a sa propre nomination altho it was is and ought to be in the Election of the King to assign the Prelates and Lords for this purpose or others of his own proper Nomination When the Commons had 8 Ib. n. 9. The Commons say the ordering of the King's Voyage belongs not to them Treated long with the Prelates and Lords they by James Pickering their Speaker said The King's Passage and the Ordaining of his Voyage or any other great Voyage belonged not to them but to the King himself and Lords yet 9 Ib. n. 10. But they say neither he nor any of his Three Uncles ought to leave the Kingdom at that time by way of Advice and not by Counsell seeing what Troubles were in every part of the Land and that the Accord and Truce with the Scots were near at an end and they were raising great Force toward the Borders and it being doubtful whether they would now comply with any Proposals of Peace or Truce unless driven to it they thought neither himself nor any of his Three Vncles of Lancaster Cambridge or Buckingham could be spared out of the Kingdom until that and the Borders aforesaid were well quieted and settled But advised him to accept of the Bishop of Norwich his 1 Ib. n. 11. They advise the King to accept the Bishop of Norwich his offer for the Relief of Flanders profer of raising 3000 Men at Arms and 3000 Archers well mounted to Relieve Gaunt Reduce Flanders and afterward to War in France upon condition he might have the Fifteenth and Tenth granted by the Layety and Clergy and the 2 s. per Tun upon Wine and Sixpence in the Pound upon Goods for the Guard of the Sea The 2 Ib. n. 19. They pray the King certain Lords might be assigned to be about his Person to advise him c. Commons pray the King That for his Honour and Profit and the Quiet and Comfort of themselves of his great Grace he would please to Command that certain Lords might be assigned to be about his Person of the most Wise Honest and Discreet Persons of the Kingdom to advise and counsel him and further That he would please by advice of the Lords so to order his Houshold that he might live upon the Revenues of his Realm and that the Subsidy of Wooll Money arising from Wards Marriages and Escheates might be imployed to support the War c. The King 3 Ibm. The King's Answer answered That he would take such sufficient Persons Lords and others about his Person as seemed to him most for his Honour and Profit and as to the Government of his House it should be done by the Advice of the Lords and others of his Council in such good order as should seem best saving his Honour The Bishop of Norwich 4 Ib. n. 20.
The Bishop of Norwich his 2d Offer Accepted by the King and his Council and approved by the Commons having had time to consider of his first Profer makes a second To serve the King one Year with 2500 Men at Arms and 2500 Archers well Arrayed and Mounted for the whole Fifteenth granted by the Laity of which Number 1000 Men at Arms and 1000 Archers should be ready to pass the Sea for the Relief of Gaunt and the Country of Flanders within 20 Days after the first Payment and that he would take upon him to pay the Charge of Shipping and other Charges 5 Ibm. This Profer was accepted by the King and his Council and much approved of by the Commons This Bishop some time before had received 6 Wâ—â—s f. 291. n. 30 40. The Bishop of Norwich had Bullsfrom Pope Urban for a Croysado against the Anti-Pope Clement Bulls from Pope Vrban for a Croysado and to sign all with the Cross that would go with him into France for the Destruction of the Anti-Pope who called himself Clement and to Sanctifie the War against all his Adherents which were the 7 Knighton col 2671. n. 20 30 c. The Ladies give their Jewels Necklaces Rings c. toward this Croysado French Scots Flemings and many other Nations By virtue of these Bulls he collected a great Sum of Money besides Jewels Necklaces Rings Dishes Spoons and other Silver Implements especially of Ladies and other Women And many gave 8 Ibm. to be pardoned and absolved from their Sins beyond their Ability as it was believed to obtain the Benefit of Absolution and Pardon for their Sins For otherwise they were not absolved unless they contributed according to their Ability Many found Men at Arms others Archers and many went in their own Persons The Form of Absolution was this By Apostolic Authority to me committed 9 Append. â— 105. The Form of the Absolution I do Absolve thee A. B. from all thy Sins which thou dost with a contrite Heart confess or would confess if thou didst remember them and give thee a Full Remission of them the Retribution of the Just and do promise the Increase or Addition of eternal Salvation And I Grant to thee the same Privileges that are Granted to such as go to the Defence of the Holy Land and do impart to thee the Benefit of the Prayers and Suffrages of the Holy Catholic Church To publish this Croysado and to absolve according to this Form there were a sufficient number of Preachers sent beyond Sea and all England over besides all the Mendicant Friers to stir up the People to contribute with a Clerc to take the Names and receive Money of the Contributors not omitting Labourers Knighton Col. 2673. Toward the latter end of 1 Wals f. 298. n. 30 40. The Bishop passeth beyond Sea with his Army May the Bishop passed the Sea with his Army staid a few Days at Calais besieged Graveling and took it by Assault Dunkirk yielded without much trouble where some Flemings joining with the French and Britans to the number of 30000 came toward the Town 2 Ibm. f. 301. lin 11. Knight ut supra n. 50 60. His great Success He besieged Ypre against whom the Bishop tho' but with a small Number in respect of theirs marched out of Dunkirk and gave them Battel taking many and killing 3000 Walsingham says 12000. Afterwards he took in Cassal Dixmude Burburgh Fern Newport and Popering Then he besieged the 3 Knight ib. His Army left the Siege and revolted from him Town of Ypre a long time assaulted it often and was always repulsed and beaten off and at length without his Knowledge the Army left the Siege and Revolted from him The Battering Engines were all left behind with one great Gun called Canterbury-Gun 4 Ibm. col 2672. lin 3. cum una magna Gunna vocata Gunna Cantuariensis The Bishop followed his Army and went to Dunkirk with Sir Hugh Caverse and part of it and from thence to Gravelin Sir Thomas Trivet Sir William Elingham and others went to Burburgh with other part of the Army and fortified it 5 Ibm. n. 10 20 30. The King of France takes Burburgh The King of France comes suddenly upon them with a great Army besieged the Town assaults it and was beaten off with loss Yet within few Days they treated and yielded the Town to the King of France upon Condition to march away with Horse and Arms and all their Goods and so they did to Calais After 6 Wals f. 304. n. 50. f. 305. n. 10 20 30. and Gravelin Burburgh was taken the French Army marched before Graveling and summoned the Bishop to yield the Town The French offered him 15000 Marks to quit the Town with liberty to demolish it and to depart and go whither he would and all with him with all their Goods He desired Time to consider of the Terms and appointed a Day to give his Answer and in the meant time sent to England for Relief which not coming at or before that Day he accepted the Terms levelled the Town to the ground and came for England after Michaelmas And thus ended the Croysado or the Pontifical War Before the Return of the Bishop of Norwich Writs Dated the 20th of August had been 7 Claus 7 Ric. II. M. 37. Dors A. D. 1384. A Parlement called The Reasons of calling it given in the Writ of Summons sent forth for a Parlement to meet on Monday before All-Saints In which Writs notice was given That by Advice and Assent of the Council the Parlement was called for their Mediation and Assistance in a Treaty of Peace to be had then between the King his Kingdom Dominions and Subjects on the one part and Robert King of Scotland his Lands Dominions and Subjects on the other part and for other Difficult and Urgent Business which concerned him the State and Defence of the Kingdom and Church of England Sir Michael de laPole then Chancellor 8 Rot. Parl. 2 Ric. II n. 3. The same and other Causes of Summons declared by the Chancellor shewed the Causes of Parlement to be for that the Truce with the Scots was to end at Candlemas next and whereas the Duke of Lancaster had been sent to renew it he was returned and brought back That the Scots would send Commissioners to London to manage the Treaty about it Another Cause was 9 Ib. n. 4 5 to provide against Three Powerful Enemies Spain France and lately Flanders And here he offered several Reasons to prove it was better for us to begin and make War upon them than they upon us or suffer them to invade us Further shewing That these Wars were not to be imputed to the King seeing that with the Crown they descended to him And the last Cause was 1 Ib. n. 6. for the Maintenance of good Laws and Security of the Peace when he put them in mind of
the King but in less Matters except one wherein he was charged That by his fault some of the Tax given last Parlement was diverted to other Uses then for which it was given so as the Sea was not so well Guarded as it ought to have been To this he Answered 4 Ib. n. 7. His Answer to the Articles That while he was Chancellor he neither purchased any Lands of the King nor did he give any to him unless when he made him an Earl yet confessed he had 400 Marks a year of the King by way of Exchange for so much he had by inheritance out of the Customs of Hull whereof some part was assigned to him by one Tydeman de Limbergh and others before he was Chancellor and some part came to him by Descent and his Brother in Law Sir Richard le Scrop shewed the said Earl by his Valiant Acts in sundry Battles and his Worthy Behaviour and Counsel in several Offices at home did justly deserve what he had He Answered to every Article 5 Ib. n. 10. The Commons not satisfied with his Answer he sufficiently proveth the Oath had another intendment then what was then put upon it and further proveth that notwithstanding his Oath he did both lawfully take and buy But the Commons were not satisfied with his Answers and therefore at their Request by the King's Command he was Arrested and committed to the Constable of England and afterward let to Mainprise and had further 6 Ib. n. 13. The Judgment against him Judgment That for Breach of his Oath contained in the first Article all the Lands he had of the King's Gift in that Article should be seised into the King's Hand to have to him and his Heirs for ever together with all the Mean Profits and Issues of the same saving to him the Name and Title of an Earl and 20 l. a year granted out of the Profits of the County of Suffolk 7 Ib. n. 14 15 16. The like Judgment was given in every Case and Article where he was charged with Deceit of the King Sitting this Parlement the King was at 8 Knighton col 2681. n. 30. The King sent for to come to Parlement by the Duke of Gloucester and Bishop of Ely Eltham his presence was desired there and by assent of the whole Parlement Thomas Duke of Gloucester and Thomas Arundell Bishop of Ely were sent to him who saluting him on behalf of the Noblemen and Commons related to him their Thoughts or Requests in Words to the same sense that the Historian writes their Speech in 9 Ibm. Qui salutarent eum ex parte procerum Communium Parlementi sui sub tali sensu verborum ei referentes vota eorum and then begins Their Speech to the King upon this Occasion the Speech which was in such Language as Subjects in any times did not use towards their Kings and Princes so that 't is most probable Knighton was both the Author of the Words and Speech as indeed most Historians are of the Speeches and Orations found in them 1 Ib. n. 40 50 60 c. The Speech reckons up all King Richard's Faults most severely and what Wicked and Evil Counsels he followed and what desperate Courses he intended to pursue in delivering what he had in France to and putting himself under the Protection of that King threatning him several times with an old Statute and a laudable and approved Custom they had which could not be gainsayed to warrant what they said to him and urged him to perform 2 Ib. Col. 2683. I. 1. And at last the Speech-maker whether the Duke of Glocester or Thomas Arundell Bishop of Ely or Knighton tells King Richard they had one thing more to intimate to him on behalf of the People in these Words 3 Ib. I. 3. Habent enim ex antiquo Statuto de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex ex maligno Consilio quocunque vel inepta Contumacia aut Contemptu seu proterva voluntate singular aut quovis modo irregulari se alienaverit a populo suo nec voluerit per jura Regni Statuta ac laudabiles ordinationes cum salubri Consilio Dominorum procerum Regni gubernari Regulari set Capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve Excercere extunc licitum est eis cum Communi assensu consensu populi Regni ipsum Regem de Regali solio abrogare propinquiorem aliquem de stripe regia loco ejus in Regni solium sublimare That is For the People have it by an old Statute and by * The Case of Edw. II. Fact which cannot be expressed without Grief by Experience not very long since committed That if a King by any Malignant Counsel whatever or foolish Contumacy or Contempt or froward arrogant Wilfulness by any singular or irregular Means did alienate himself from his People nor would be Governed or Ruled by the Laws Statutes and Laudable Ordinances of the Kingdom with the wholesom Advice of the Lords and Noblemen but like a Blockhead frowardly exercise his own singular Will in his Mad Counsels then it was lawful for them with the Assent and Consent of the People of the Kingdom to Dethrone that King and place in the Throne in his stead some one more near a-Kin to him of the Royal Family On the 24th of October next following Thomas Arundell Bishop of 4 Clause 10 Ric. II. M. 35. The great Officers of State changed Ely was made Chancellor in the place of the Earl of Suffolk and on the same day John Gilbert Bishop of Hereford was made 5 Pat. 10 Ric. II. p. 1. M. 16. Treasurer instead of John de Fordham Bishop of Durham John de Waltham was also made Keeper of the Privy Seal In the 6 Pat. 10 Ric. II. p. 1. M. 7. Eleven Commissioners appointed to Govern the Kingdom Their Names Patents of this year of his own free-will at the Request of the Lords and Commons the King changed these Great Officers and further by advice and assent of the Lords and Commons in full Parlement in aid of the good Government of the Kingdom the good and due Execution of the Laws and in Relief of his own Estate and that of his People he appointed Eleven Commissioners William Arch-Bishop of Canterbury Alexander Arch-Bishop of York his Uncles Edmond Duke of York and Thomas Duke of Glocester William Bishop of Winchester Thomas Bishop of Excester Nicholas Abbat of Waltham Richard Earl of Arundell John Lord Cobham Richard Lescrop and John Devereux to be his great and Continual Council for one year next coming after the date And Power of these Letters Patents by which he gave them Power to Survey and Examine all his Officers Courts Houshold and the Government of the whole Kingdom To receive all his Revenue as also all Subsidies Taxes
you desire the Honour of God the King and Kingdom and the safety of your City and that you neglect not this as you will avoid the danger that may happen in time to come and that you certifie us in this Matter on Friday next which was the 15th of November On that day the Arch-Bishop of Canterbury the Bishop of Ely and other Lords were 7 Ib. col 2700. n. 10 20 c. Several Persons sent to inquire after the Duke and Earls They Agree to come to the King They pretend there were People placed in several Places to surprize them which were searched The manner of their Address to the King His Kind Reception of them sent from the King to inquire after the Duke and Earls and having found them the Duke and Earls Agreed to come to the King on Sunday following when the King sat Two hours in his Throne in Westminster-Hall expecting them The Reason of their Stay was they had been informed that at the Mews and in the Arch-Bishop of York's House there were Men placed to surprize them which and all other suspicious Places being searched they came into the King's presence many Lords Great Men and Commons accompanying them When they came into the Hall and first saw the King they saluted him on their Knees and coming to the foot of the Steps or Stairs up to the Throne they again saluted him on their Knees and the King making Signs to them to come up the Steps at the top of them they the Third time saluted him on their Knees The King arose and took every one by the Hand as his Friend and sat down again They then Excused themselves to the King saying They did not think or intend any Evil against his Person and told him their Grievance was concerning the Five Traytors and gave the King a full Account in Writing what they charged them with He then promised publickly That he would cause them to appear And Promise to them next Parlement and stand to the Judgment of the Laws of the Land and prefix't a day for the meeting of the Parlement 8 Ib. col 2071. n. 10. He Excuseth the Duke and Earls by Proclamation and set forth a Proclamation on the 19th of November to Excuse the Duke and Earls and that he thought them not Traytors as he had been told by some of his secret Advisers but Worthy Men and took them into his special Protection signifying also to the People That Alexander Arch-Bishop of York Robert Vere Duke of Ireland Robert Tresilian Justice and Nicholas Brembre Knight of London were also in his Protection until the next Parlement when they were to Answer what could be objected against them and therefore commanded That no Man under any pretence should do them any Injury or give them any Trouble The Five Favourites absented themselves and lay privately where they could 9 Ib. col 2072. n. 20 30 c. The Duke of Ireland sent into Lancashire and Cheshire to raise Forces for the Security of the King The Duke of Glocester the Earl of Derby c. raise a great Force only the Duke of Ireland went into Lancashire and Cheshire where as 't is said in this Author the King wrote to Sir Thomas Molineux Sir Ralph Vernon Sir Ralph Radcliffe the Sheriffs and other Great Men of those Shires to Raise a Force and Conduct him to him which they did to the number of Five thousand Men. The Duke of Glocester the Earls of Derby Arundel Warwick and Nottingham hearing of it with what speed they could raised a great Force in the mean time the Duke of Ireland on the Eve of St. Thomas the Apostle or Twentieth of December was come into Oxfordshire and intended to pass 1 Ib. col 2703. The Action at Radcot-Bridge the River Isis at Radcot-Bridge upon which the Duke of Glocester had placed a Guard and so Broken it as it it was impassable when the Duke of Ireland seeing the great Force of his Enemies with very great danger adventured to pass the River on Horseback and made his Escape The Duke of Glocester and Earls 2 Ibm. col 2704. n. 10 20 c. The Duke Earls march with their Army to London went to Oxford where they consulted what to do from thence they marched to St. Albans and staid there on Christmas-Eve and Day with their Forces On St. Stephen's Day they marched towards London and shew themselves before the City in the Fields near Clerkenwell with a delectable and incredible Force cum delectabili incredibli Armata manu divided into Three Bodies From hence Two Knights and some Squires were sent to the Major and other Chief Persons of the City to come to the Lords to certifie them Whether they would stand with them and with the Commons of the Kingdom cum Communibus Regni or with the Duke of Ireland and with the Traitors of the King and Kingdom The Major Nicholas Exton with the Best Men of the City came to them delivered The Major send them the Keys of the Gates the Keys of the Gates submitted themselves to them and offered them free Passage into the City with all their People But before they entred they sent in some Knights and Squires to search the Gates Towers and Strong Places lest by Treachery they might be assaulted and when all things were found secure they entred and staid there When it was agreed between the King and What they did in the City Lords they might come and speak with him in the Tower where he then was 3 Ib. n. 40. the King sent them the Keys of the Gates and all the Munitions And here again they sent Knights and Squires to search all Places before they entred lest there should be any secret Practices and Treachery against them and when they thought themselves secure the Duke of Glocester the Earls of Derby Arundel They go into the Tower to the King Their Discourses with him Warwic and Nottingham went into the Tower and left their Army with the Rabble in the Plain before it After Salutation the King took them into his Chamber where they had a long Discourse about what they came for and he seeing the imminent Dangers favoured them in what they desired 4 Ib. n. 50 60. He granted what they asked They asked of him That all of his Court suspected of Treason and Falsity de proditione falsitate suspecti might be seized and every one imprisoned in several Castles The King granted what they asked The Earl of Derby persuaded the King to go upon the Tower-Wall They shew the King from the Tower-Walls their Numbers to view the People gathered together for saving of himself and the Kingdom When he saw them he wondred at the Number and Strength of the Kingdom Then the Duke of Glocester told him there was not the Tenth Part of the People that would join with them to destroy the false Traitors of
him had granted that Robert de Vere should be King of Ireland and to accomplish this wicked Purpose the foresaid Traitors counselled and excited the King to send Letters to the Pope to ratifie and confirm their Traiterous Intention without the Knowledge and Assent of the Kingdom of England or Land of Ireland in parting the King's Legiance in respect to both Nations in decrease of the Honourable Name of the King and in open Disherison of his Crown of England and full Destruction of his Loyal Lieges and the Nation of Ireland XII Also whereas by the Great Charter and other good Laws and Usages of the Kingdom no Man ought to be taken put in Prison or to Death without due Process of Law the fore said Nich. Brembre false Knight of London took by night certain Persons out of the Prison of Newgate Chaplanes and others to the Number of Twenty two some Debtors others accused of Felony and some Approvers in the Case of Felony and some taken and imprisoned there upon suspicion of Felony and led them into Kent to a Place called the Foul Oke and there encroaching to himself Royal Power as a Traitor to the King and without Warrant or Process of Law caused their Heads to be cut off all but one who was Appealed of Felony by an Approver and him he suffered to go at large at the same time XIII Also the foresaid Alexander c. Robert c. Michael c. Robert c. Nicholas c. Traitors to the King and Kingdom took great Bribes in many Cases in the Name of the King for Maintenance of Quarrels or Suits and one time took Bribes of both Sides or Parties as shall be more fully shewed if need be XIV Also these Five caused some Lords and others Loyal Lieges to be put out of the King's Council and so as they dare not speak in Parlement about the good Government of the King's Person or Kingdom XV. Also whereas in the last Parlement all the Lords Sages and Commons there assembled seeing the imminent Ruin of the King and Kingdom by the Perils and Mischiefs aforesaid and for that the King had forsaken the Counsel of the Kingdom and holden himself altogether to the Counsel of the said Five Evil-doers and Traitors and also for that the King of France with his Royal Power was Shipped at Sea ready to have Landed in England to have destroyed the Kingdom and Language thereof and there was no Ordinance then made or Care taken for the Safety of the King and Kingdom They knew no other Remedy than to shew the King fully how he was ill Governed Led and Counselled by the Traitors and Ill-doers aforesaid requiring him most humbly as his Loyal Lieges for the Safety of him and his whole Realm and to avoid the Perils aforesaid to remove from his Presence the said Evil-doers and Traitors and not to do any thing after their Advice but according to the Counsel of the Loyal and Discreet Sages of the Realm And hereupon the said Traitors and Evil-doers seeing the Good and Honourable Opinion of the Parlement to undo this Good Purpose by their false Counsel caused the King to Command the Major of London to kill and put to death all the said Lords and Commons except such as were of their Party to the doing whereof these great Traitors and Evil-doers should have been Parties and present in undoing the King and Kingdom XVI Also That those Five Traitors c. when the Major and Good People of London utterly refused in the Presence of the King to Murder the Lords and Commons by their said Traiterous Accroachment falsly Counselled the King and prevailed with him to leave the Parlement for many Days and caused him to certifie fist certifier That he would not come to the Parlement nor Treat with the Lords and Commons of the Business of the Kingdom for any Peril Ruin or Mischief that might happen any ways to him or the Realm if he were not first assured by the Lords and Commons that they would not speak or do in that Parlement against any of the Misdoers saving that they might proceed on in the Process which was then commenced against Sir Michael de la Pole to the great Ruin of the King and Kingdom against the ancient Ordinances and Liberties of Parlement XVII Also the said Lords and Commons after they understood the King's Mind by the wicked Excitation and Counsel of the Five c. was such as he would not suffer any thing to be commenced pursued or done against the said Mis or Evil-doers mesfesours they dare not speak or proceed against the King's Will and then in Parlement was read the Counsel and Advice of the Lords and Justices and other Sages and Commons of Parlement how the Estate of the King and his Royalty might be best saved against the Perils and Mischiefs aforesaid and they knew not how to find any other Remedy than to ordain That Twelve Loyal Lords of the Land should be the King's Council for One Year and that there should be made such a Commission and Statute by which they should have full and sufficient Power to Ordain c. according to the Effect of the Commission and Statute by which Commission and Statute no Man was to Advise the King against them under Forfeiture for the first Offence of his Goods and Chattels for the second Offence Life and Member Which Ordinances Statute and Commission were made agreeable to the Assent of the King the Lords Justices and other Sages and Commons assembled in the said Parlement to save the King his Royalty and Realm The said Traitors and Misdoers by their Evil False and Traiterous Informations of the King that the said Ordinance Statute and Commission were made to Defeat his Royalty and that all those who procured and counselled the making of them and those who excited the King to Consent to them were worthy to be done to Death as Traitors to the King XVIII Also after this the said Five Misdoers and Traitors caused the King to assemble a Council of certain Lords Justices and others many times without the Assent and Presence of the Lords of the Great Council and made divers Demands of them very suspicious of divers Matters by which the King Lords and Common People were in great Trouble and the whole Realm also XIX Also to accomplish the said High Treason the Misdoers and Traitors Alexander c. Robert c. Michael c. by the Assent and Counsel of Robert Tresilian and Nicholas Brembre caused the King to go through the Kingdom with some of them and into Wales and caused him to make come before him the Lords Knights and Esquires and other good People of those Parts as well of Cities and Burghs as other Places and made some to enter into Bond others by their Oaths to stand with him against all People and to effect his Purpose which at that time was the Will and Purpose of the said Misdoers
Salisbury John Lancaster Knights with other People with them to go into France to put in Execution this Wicked Purpose and Treason which Safe-conducts were ready to be produced XXXIII Also the foresaid Nicholas Brembre false Knight of London by Assent and Advice of Alexander c. Robert de Vere c. Michael c. and Robert Tresilian false Justice encroaching to themselves Royal Power as before some of them went Personally into London and without the Assent and Knowledge of the King there openly in his Name made all the Crafts of that City to be Sworn to hold and perform divers Matters not Honest as is contained in the said Oath upon Record in Chancery and amongst other things That they should keep and uphold the King's Will and Purpose to their Power against all such as were or should be Rebels or against the King's Person or his Royalty and that they were ready to live and die with him in destruction of all such who did or should design Treason against the King in any manner and that they should be ready and come readily to their Mayor for the time being or that afterwards should be when and what hour they should be required to resist so long as they lived all such as did or should design any thing against the King in any of the Points aforesaid at which time the King by Evil Information of the said Misdoers and Traytors and by the false Answer of the Justices firmly held the said Lords and others who contrived the Statute Ordinance and Commission to be his Rebels Enemies and Traytors which Information was then unknown to the People of London and also That by obscure Words contained in the Oath the Intent of the Misdoers and Traytors was to engage the People of London to raise their Power to destroy the Loyal Lords XXXIâ— Also the said Nicholas Alexander Robert de Vere and Michael Traytors to the King and Kingdom encroaching to themselves Royal Power of their own Authority without Warrant from the King or his great Council caused to be proclaimed thro' the City of London That none of the King's Lieges should Ayd or Comfort Richard Earl of Arundell and Surry a Peer of the Land and one of the Lords of the King 's great Council during the Commission or to sell him Armor Victuals or other things necessary and to avoid all of his Party as Rebels upon forfeiture of whatever they could forfeit to the King shewing a Patent from the King for making such Proclamation in of the King 's Loyal Lieges XXXV Also the said Nicholas Brembre by Assent and Counsel of Alexander Robert de Vere and Michael made to be proclaimed in the City of London That no Person should be so hardy to speak one Word of ill of the said Misdoers and Traytors upon pain to forfeit whatever they could forfeit to the the King also encroaching to themselves Royal Power XXXVI Also the said Five Traytors to the King and Kingdom caused the King to send to his Council certain Persons to be Sheriffs thro' the Kingdom named to him by the Evil-Doers and Traytors to the intent they might make such Parlement Knights as they should name to the undoing of the good Loyal Lords and the good Commons and also the good Laws and Customs of the Kingdom XXXVII Also the Five Misdoers and Traytors during the time of Protection to hinder the Appeal falsely Counselled and caused the King to Command by his Letter divers Knights and Esquires his Sheriffs and other his Ministers of divers Counties to levy and assemble all the Power they could to come with the Duke of Ireland against the Lords Appellants to make sudden War upon and destroy them XXXVIII Also during the time of Protection of the said Robert de Vere c. Michael c. Alexander c. Nicholas c. caused the King by his Letters to notifie to the Duke of Ireland they were all appealed of Treason by Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and how he had given them day until the next Parlement and how he had taken into his special Protection both Parties with all their Goods and Chattels and it was further contained in the King's Letters That if the Duke of Ireland had sufficient Power he should not cease to march on with all his Force to come to him and soon after they caused the King to write to that Duke That he should take the Field with all the Force he could get together and that he would meet him with all his Power and that he would adventure his Royal Body with him and that he was in great danger and also the whole Nation if he was not relieved by him and this the Duke ought to discover to all the People with him and that the King would pay all his Wages and Costs and of all the People assembled with him By force of which Letters the Wicked and Traiterous Excitations as well of the Duke and his Adherents and all the other Misdoers and Traytors he raised a great number of Men at Arms and Archers as well in the Counties of Lancaster and Chester and in Wales as other Places of the Kingdom to destroy and put to death the Lords and all others who ordered and assented to the making of the Statute Ordinance and Commission to the Ruin of the King and his Kingdom XXXIX Also the said Robert de Vere Duke of Ireland false Traytor to the King and Kingdom assembled a great Power of Men at Arms and Archers in Lancashire Cheshire Wales and many other Places to the intent to have Traiterously destroyed with all his Power the said Lords Thomas Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Thomas Earl Marshal and other the King's Lieges to the Undoing and Ruin of the King and whole Kingdom and so Rod or Marched with a great Force of Men at Arms and Archers from the County of Chester to Radcot-Bridge accroaching to himself Royal Power Displaying the King's Banner in his Army against the State of the King and his Crown This Impeachment was Exhibited on Monday the first 1 Rot. Parl. 11 Ric. II. Part 3. This Roll is not numbred The Appealed summoned to appear day of the Parlement being the 3d of February when the Lords Appellants affirmed they were ready to prove every Article as it should be awarded in Parlement to the Honour of God the Honour and Profit of the King and the whole Realm whereupon the Appealed were called in Parlement before the King and Lords to appear and make Answer to the Appellants and the same Demand of their Appearance was made in Westminster-Hall and at the great Gate of the Palace of Westminster to come and Answer the Appellants and because they came not being so solemnly called the Duke of Glocester and the other Appellants prayed
the beginning of December the King was at Reding 1 Ib. n. 40. He reconciles the King and Great Men. where he called a great Council The Duke of Lancaster being there reconciled the Mind of the King to the Great Men and their Minds to him and so as they seemed after the Dissolution of the Council to depart satisfied The King while he was at Reding issued his 2 Rot. Clause 13 Ric. II. M. 5. Dors A. D. 1390. A Parlement called The King declared to be of Age. Writs on the 6th of December for a Parlement to meet at Westminster on the Monday next after the Feast of St. Hillary William of Wickham Bishop of Winchester was then Chancellor who by the King's Command in opening the Cause of Summons before all the Estates declared the 3 Rot. Parl. 13 Rich. II. n. 1. And takes upon him the Government King of full Age and that he intended to Govern his People in Peace and Quiet and to do Justice and Right to all Men and that as well the Clergie as Layty should enjoy all their Liberties On the 20th of 4 Ib. n. 6 7. The Chancellor and Treasurer quit their Places as also all Privy-Counsellors January and Fourth day of the Parlement the Bishop of Winchester delivered the Seal to the King and the Bishop of St. David's being Treasurer delivered the Keys of the Exchequer to the King and all the Lords of the Council prayed the King to be discharged and that others might be put in their Places When they were discharged they required openly in Parlement That if any Person could he would Complain of any thing ill done by them both Lords and Commons affirmed all things well done Whereupon the King delivered the Seal again to the Bishop of Winchester and the Keys of the Exchequer to the Bishop of The King receives them again into their Places and the Privy-Council St. Davids and received those to be his Counsellors that were so before together with his Vncles of Lancaster and Glocester and made Protestation That for any thing then done he would at Pleasure retain or put out of their Offices those Counsellors In this Parlement 5 Ibm. n. 21 22. John Duke of Lancaster made Duke of Aquitan John Duke of Lancaster was made Duke of Aquitan by the King with Consent of the Prelates Lords Temporal and Commons to hold the Dukedom of the King as of the King of France saving only to him as to the King of France the Direct Dominion Superiority and Resort of the same Dutchy He there did Homage to the King and Humbly and Heartily Thanked him for it and the Honour he did him and declared That tho' he could not maintain the State of the Dukedom in time of War without the Ayd of the King and Realm yet he would do what he could to the utmost The King told him the Charges should be born as between the Duke and his Council should be agreed To which the Commons affented The King by assent of 6 Ib. n. 23. Edward Son to the Duke of York made Earl of Rutland The Two Arch-Bishops and Parlement created Edward the Eldest Son of the Duke of York Earl of Rutland and gave to him during the Life of his Father 800 Marks issuing out of the Castle Town and Dominion of Okeham in that Shire and the Office of Sheriff The Arch-Bishops of Canterbury and York for themselves and whole Clergy of their Provinces made their Protestation in open Parlement 7 Ib. n. 24. Clergy's Protestation not to assent to any Law made against the Pope they intended not nor would assent to any Statute or Law to be made against the Pope's Authority which at their Request was entered upon the Roll. In the 8 Rot. Parl. 14 Ric. II. n. 1. A. D. 1391. Parlement on the Morrow of St. Martin or 12th of November in the Fourteenth of this King the Bishop of Winchester Chancellor declaring the Cause of Summons took notice of the Truce with France and that about Candlemass the King would send to make a final Peace The Duke of 9 Ib. n. 12. The Dukes of York and Glocester desire 1000 l. a year to be settled on each of them York and Glocester desire the King's Assistance of a Thousand Pounds a year to each according to his Promise in Tale special He ordered the Justices to draw such Assurance and commanded they might be readily paid And it is to be remembred 1 Ib. n. 15. The Prelates Lords and Commons pray That if any thing had been done against his Prerogative it might be redressed Fait a Remember c. That the Prelates Lords Temporal and Commons prayed the King in full Parlement That the Royalty and Prerogative of him and his Crown might always be safe and preserved and that if any thing had been done or attempted contrary to them it might be Redressed and Amended and further That he should be as Free in his time as any of his Noble Progenitors Kings of England were in their times Which prayer seemed Honest and Reasonable to the King and therefore granted it in all points The Judgment against 2 Ib. n. 36. The Judgment against John of Northampton repealed John of Northampton late Major of London Repealed upon the Petition of the Commons and Oath made by the then Major and all the Aldermen of London That he was not guilty of the Treasons c. for which he was condemned These things done the Lords and Commons 3 Ib. n. 37. The â—ords and Commons Thank the King for his Good Government c. gave humble Thanks to the King for his good Government and his Zeal shewn to them and he gave them Thanks for the Grants to him made In the Parlement holden on the 2d of November in the 15th of King Richard the 4 Ibm. 15 Ric. II. n. 15. A. D. 1392. The Duke of Lancaster sent into France to Treat of Peace Commons propound to the King Monsieur de Guyen that is the Duke of Lancaster to go Treat with his Adversary of France about a Peace and it was granted The Commons Petition the King That no Native or 5 Ib. n. 39. The Commons Petition Villans may not purchase Land in sec nor send their Sons to School The King's Answer Villan of Bishops Abbats or other Religious Persons might purchase Lands in Fee and That no Villan might put his Son to School whereby he might obtain Learning and this for the maintenance and safety of the Honour of all the Freemen of England To this it was Answered Le Roy sad visera The King will Advise which was a Denial The Knights of Shires 6 Ib. n. 51. The Knights of Shires Petition Villans may not have the Privilege of Cities and Burghs The King's Answer Petition the King and Lords That such Lords whose Villans went from them into Cities and Burghs where they lived as Freemen
under the protection of their Franchises and were detained by the Inhabitants of those Places might have power to enter such Places and seize and bring away their Villanes The Answer was the same with the foregoing According to the Request of the Commons the 7 Walsingh f. 347. n. 10 20. Mezeray f. 413. The Truce between England and Fr. continued for a year longer Duke of Lancaster went into France to Treat of a final Peace he was splendidly received at Amiens by the King and chief Nobility of that Kingdom who met him there The Issue of the Treaty was That the Truce should continue for One year longer for the Observation of which both Kings made Oath The King about this time wanted Money and sent to the City of London to borrow a Thousand Pounds who 8 Knighten Col. 2740. n. 10. c. Walsingham ut supra n. 50. c. The City of London deny to lend the King a Thousand Pounds And almost killed a Lumbard that lent it him denied to lend him it and abused and beat a Lumbard so grievously that offered to lend it as they near killed him for this and other things by advice of a great Council held at Nottingham their Liberties were seized and being convinced they had forfeited them Their Liberties seised The Major and Sheriffs imprisoned Their Liberties restored by the Mediation of the Duke of Glocester the Major and Sheriffs were sent to Prison and Sir Edward Dalyngrug was made Guardian of the City On the Assumption of the Virgin Mary or 15th of August the King with a great Train of the Nobility with his Queen went into the City where he was most Honourably and Nobly Received and Presented both himself and Queen and not long after by the Mediation of Friends especially the Duke of Glocester the Liberties of the City were Restored with Power of choosing a Major as before In the Parlement holden on the Quindene of St. Hillary in the The Earl of Arundel against the Duke of Lancaster Seventeenth of this King the Earl of Arundel declared several things the King had done for the Duke of 9 Rot. Parl. 17 Ric. II. n. 11. A. D. 1393 1394. He asks the Duke's Pardon in Parlement Lancaster that were against his Honour and Profit but they were such as the King answered them all himself and justified them and he was by the King and Lords ordered to ask his Pardon in full Parlement which was done The King Lords Knights of Honour and Justices in this Parlement 1 Ib. n. 16. The King Lords c. assent to a Peace to be made with France assented to a Peace so as the King did not make Homage Liege and saving also and always the Liberty of his Person and the Crown of England and of his Lieges of the same Kingdom and that he and his Heirs might Resort and have Regress to the Name Title and Right of the Crown and Kingdom of France if the Peace should be broken by his Adversary and his Heirs and also That such Moderations and Modifications should be made that no Consiscation that is seisure of the Dutchy of Guyen might happen Knighton says this was only a Truce for Four years and four months as well by Sea as Land Col. 2741. n. 20. The King charged the Commons to give their 2 Ib. n. 17. Advice in this Matter They Answer by a Schedule given in by the Hands of Mr. John Bussy their Speaker wherein the said Articles of Peace between the King and his Adversary of France were read and partly understood by them and they had considered Three Three Points too high for the Commons to give their Advice in Points that were too high for them upon which they dare not Treat or give Advice to wit Homage Liege Soveraignty and Resort yet referring all and giving their Consent for the good of Peace to what the Lords Knights of Honour and the Justices had consented to before so as Homage should be done for and have Relation to the Dutchy of Guyen only and in no wise to the Crown and Kingdom of England What the Articles of this Peace were it doth not appear upon the Parlement Roll. But the next year by Edward Earl of Rutland Thomas Earl Marshall and of Nottingham and Messire William Lescrop Commissioners for the King of England and the Dukes of Berry Burgundy Orleans and Burbon or any other Two or three of them Commissioners for the King of France * The Original in the Chapter House at Westminster there was a Truce general by Sea and Land agreed for 28 years which was to begin at Michaelmass 1398 when the Truce at Leulingham and the prolongations of it were to end During which Truce all taking of Prisoners Goods and Chattels Fortified Towns Fortresses and other Places all Pillagings Robberies Burnings Demolishing Houses and Walls destroying Fruit Trees and others and all other Feats of War tout autre faits de Guerre were to cease between the Kingdoms Lands and Seigneuries on both Parts and between the Kingdoms Lands Seigneuries and Subjects of their Friends Allies Aydants and Adherents whatsoever And that there should be freedom of Intercourse Commerce Trading and Merchandising between the People and Subjects of one Party and the other In this Truce there is not any mention of Homage Liege Soveraignty or Resort The Treaty Agreement and Articles thereof was Ratified by the King of France on the Eleventh of March 1395 and was afterwards Ratified by the King of England and the Ratifications Exchanged in the year 1396 when on the Feast of St. Simon and Jude or 28th of October both Kings at an Interview not far from Calais sware to the performance of them John Duke of 3 Ib. 20 21. The Dukes of Lancaster and Glocester pray Judgment against Sir Tho-Talbtt and others for Conspiring their Deaths Guyen and Lancaster Steward of England and Thomas Duke of Glocester Constable of England Petition the King and Lords for Judgment against Sir Thomas Talbot and others not named for Conspiring their Deaths and raising Force to do it in the County of Chester That they would Declare the Nature of the Offence and ordain Punishment for it The King was informed and advised the Matter contained in the Bill or Petition was open and High Treason and that it touched him and all the Realm and he and all the Lords Judged and Declared it to be so And because the Matter contained in the Bill of Complaint was notorious and open known to the King and Lords and all the States of Parlement and thro' the whole Kingdom and therefore it was ordered and awarded that Writs should issue returnable into the Kings-Bench to take his Body That Proclamation should be made for him to render himself to stand to the Law if not he was to be holden for Convict as attainted of Treason and all who received him were to incur the same Pain and
and besieged the Castle and took it and within it William Lescrop Treasurer Sir John Bussy and Sir Henry Green all the King's Counsellors who the next day by the Clamor of the People had their Heads struck off The Duke of York the King's Uncle and Guardian of the Kingdom with several Bishops Noblemen and the King's Council consulted how they might oppose the Duke but could do nothing King Richard when he heard in Ireland of his Landing 9 Ibm. n. 40 50. The Nobility and People desert King Richard secured the Sons of the Duke of Lancaster and Glocester in Trim Castle and with the Dukes of Albemarle Excester and Surrey the Bishops of London Lincoln and Carlisle and many others Shipped themselves with all speed that they might raise such a Force as might hinder the Duke's Progress But when he landed understanding his own Condition That the People and greater part of the Lords had forsaken him and gone in to Duke Henry he laid by all thoughts of Fighting and likewise dismissed his Family giving them notice by his Steward Sir Thomas Percy That they might provide for and reserve themselves for better Times The King shifting up and down here and there for many days the Duke always following him with his Army at length fixed at Conway Castle and desired to have Discourse with the Arch-Bishop and Earl of Northumberland to whom he declared He would quit his Government if he might have his Life secured and an Honourable He offers to Quit his Government his Life and an Honourable Maintenance secured Which was Granted Provision made for himself and Eight Persons he should Name These things granted and confirmed he went to Flint Castle where after a short Discourse with the Duke of Lancaster they mounted their Horses and went to Chester Castle that night the Duke 's numerous Army following him At Chester 1 Clause 23 Ric. II. M. 3 Dors Writs for a Parlement in King Richard's Name He is secured in the Tower of London summons were issued in King Richard's Name for the meeting of a Parlement on the Morrow of St. Michael or 30th of September dated there on the 19th of August in the 23d of his Reign In the mean time the King was brought to and secured in the Tower of London until the Parlement should sit Holingshed tells us 2 Chronicle f. 501. a. col 2. The Duke's Obeysance to King Richard at their first meeting And Declaration of the Cause of his coming into England The Duke received at London with great Rejoycing â— The Instruments of the King's Resignation and Deposition contrived by his Order the Duke at the first meeting of King Richard which was at Conway Castle in Carnarvonshire as he came towards him made a Reverend Obeysance and going on did so a second and third time the King taking him by the Hand and bidding him Welcome whereupon humbly Thanking him said The Cause of his coming was to have Restitution of his Inheritance unto which the King readily assented and called for Wine and when they had drank mounting their Horses they rode to Flint and to Chester where they stayed two or three days and went from thence to Nantwich and so the common Rode to London where the Duke was received with all imaginable Expressions of Joy and the King sent to the Tower where we hear no more of him until Michaelmass-Day against which time the Instruments of his Cession Resignation and Deposition with the Articles against him were prepared which are here recited from the Parlement Roll exactly Translated The Roll of Parlement summoned and holden at Westminster in the Feast of St. Faith the Virgin or 6th of October in the Year of King Henry the Fourth after the Conquest the First Membrane xx The Record and Process of the Renunciation of King This Record is Printed in X. Authores Col. 2744. and in Pryn's Plea for the Lords p. 425. which I have compared with the Original Richard the Second after the Conquest and the Acceptation of the same Renunciation likewise with the Deposition of the same King Richard as it here follows BE it Remembred 1 1 Rot. Parl. 1 Hen. IV. N. 10. That on Monday in the Feast of St. Michael the Archangel in the Twenty third year of the Reign of King Richard the Lords Spiritual and Temporal and other Notable Persons That is to say The Lord Richard le Scrop Arch-Bishop of York John Bishop of Hereford Henry Earl of Northumberland and Ralph Earl of Westmerland the Lord Hugh Burnell Thomas Lord Berkley the Prior of Canterbury and Abbat of Westminster William Thyrninge Kt. and John Markham Justices Thomas Stow and John Burbache Doctors of Law Thomas de Erpingham and Thomas Gray Knights William de Feryby and Dionyse Lapham Publick Notaries being Deputed to that purpose came into the presence of King Richard within the Tower of London about Nine of the Clock when the Earl of Northumberland said before the King That at 2 2 Ib. n. 11. Conway in North-Wales and then at Liberty He promised to Thomas Arch-Bishop of Canterbury and himself That he would Quit the Crown of England and France and Renounce all Right to it and to Kingship for the Causes there by himself confessed of his Inability and Insufficiency and this he would do after the best Manner and Form he should be Advised by the Skilful in the Law The same King before the said Lords and others above-named kindly answered That he would with Effect perform what he had promised but first desired to have Conference with his Cousin Henry Duke of Lancaster and the Arch-Bishop of Canterbury before he did it and desired a Copy of the Renunciation he was to make might be delivered to him to Deliberate upon which was done and the Lords departed 3 3 Ib. n. 12. On the same day after Dinner the King much desiring the coming of the Duke of Lancaster and long expecting him at length he and the Arch-Bishop of Canterbury with the Lords and Persons above-named came to his presence in the Tower the Lords Roos of Willoughby and Abergavenny and many others then being present And after he had Conference with the Duke of Lancaster and Arch-Bishop looking about him with a Chearful Countenance as it seemed to the People about him the King called them all to him and said publickly he was ready to make his Renunciation as he had said before and presently taking the Parchment Schedule of his Renunciation into his Hands tho it was told him to spare the Labour and Trouble of Reading it he might have it done by another he said he would read it himself which he did distinctly and absolved his Lieges Renounced Quitted and Sware Read and Said other Things and Subscribed his Name with his own Hand as 't is more fully contained in the Latin Record the Tenor of which follows The Resignation of Richard the Second IN 4 4 4 Ib. n. 13. Name
a Token of his Intention as was said before the Arch-Bishop taking King Henry by the Right Hand led him to the Royal Throne and when the same King had Kneeled and Prayed a while before it the Arch-Bishop of Canterbury the Arch-Bishop of York assisting him placed him therein the People for great Joy Shouting mightily When the Shouting was over 4 Ib. n 55. the Arch-Bishop of Canterbury made a short Preachment or Collation as 't is called upon the Roll his Text or Theme was Vir dominabitur Populo 1 Sam. c. 9. v. 17. The English Version of the whole Verse according to the Vulgar Edition runs thus And when Samuel saw Saul the Lord said unto him Behold the Man whom I spake to thee of this same shall Rule over my People Iste dominabitur Populo meo In this Collation he makes a Comparison between King Richard who he makes a Child and his whole Government a Childish Acting and King Henry a Perfect Wise Man In this Comparison he makes use of several Places of Scripture but how properly or how to the purpose belongs not to this Place to say At length he insinuates That by Childish Government the Nation had been in great Danger but now they were freed from it because a Man will Reign to wit he that says not as a Child but one of Perfect Reason I came not to do my own Will but the Will of him that sent me that is God And therefore we may not only say of this Man That he will think of things in Wisdom but also as a Man and not as a Child In sensu cogitabit circumspectionem Dei He will in earnest think of the Circumspection or Providence of God id est circumquaque diligenter aspiciet ut Dei voluntas non sua fiat that is he will look diligently every way about him that God's Will not his own may be done and so in the Place of a wanton Child a Man Rules over the People and such a Man that it may be said The King shall Reign and he shall be a Wise Man and do Judgment and Justice in the Land Which Collation ended 5 Ib. n. 56. King Henry to quiet the Minds of his Subjects said publickly these Words SIRES I Thank God and zowe Spirituel and Temporel and all the Astates of the Lond and do zowe to wyte it es noght my Will that no Man thynk that be waye of Conquest I wold Disherit any Man of his Heritage Franches or other Ryghts that hym aght to have no put hym out of that that he has and has had by the gude Lawes and Custumes of the Rewme except those Persons that has ben agan the gude Purpose and the comune Profyt of the Rewme And forthwith 6 Ib. n. 57. it being considered that the Throne being Vacant by the Cessation and Deposition of King Richard the Power of all the Justices Sheriffs and other Officers through the Kingdom ceased lest Justice might be delayed to the Grievance of the People he Named his Principal Officers and Justices who took the usual Oaths And forthwith Proclamation was made by the King's Command That on Monday next after the Feast of St. Michael a Parlement should be held in that Place and that on Monday next following on the Feast of St Edward the Coronation should be at Westminster and that who claimed any Service then might put in their Petitions before the Steward Constable and Marshall of England where they should receive full Justice And for the shortness of Time assigned for the Sitting of the Parlement the King made Protestation it was not his Intention it should be any Prejudice to the States of his Kingdom or that it should be made an Example for the future but that it was only for the Profit of the Kingdom and specially to spare the Labour and Expences of his Lieges and that the Grievances of the People might have speedy Remedy All which things being finished 7 Ibm. n. 58. the King rose from his Throne and beholding the People with a chearful Countenance departed and the same Day in the White Hall in Alba Aula he had a great Entertainment for the Noble and Gentlemen who were there in great Numbers These things were done on Tuesday the 30th of September And afterwards on the next day 8 Ibm. being Wednesday the Deputies or Proctors before mentioned went to Richard late King in the Tower as they had been enjoined William Thirnyng Justiciary for himself and Fellow-Proctors in the Name of all the States and People notified to Richard and fully declared the Admission of his Renunciation and the Manner Cause and Form of the Sentence of his Deposition and presently Resigned the Homage and Fealty that had been made to the late King Richard as follows The Words 9 9 Ibm. n. 59. which William Thirnyng spake to Monsieur Richard late King of England at the Tower of London in his Chamber there on * * Note this Wednesday was Octob. 1. Wednesday next after the Feast of St. Michael the Archangel SIRE IT is wele known to zowe That ther was a Parlement somond of all the States of the Reaume for to be at Westmynstre and to begynne on the Teusday in the morrow of the Fest of Seint Michell the Archaungell that was zesterday by cause of the whiche Sommons all the States of this Lond were there gadyrd the whiche States hole made thes same Persones that ben comen here to zowe nowe her Procuratours and gafen hem full Auctorite and Power and charged hem for to say the Wordes that we sall say to zowe en her Name and on their Behalve that is to wytten The Bishop of St. Assa for Ersbisshoppes and Bisshoppes the Abbot of Glastenbury for Abbotes and Priours and all other Men of Holy Chirche Seculers and Rewelers the Erle of Gloucestre for Dukes and Erles the Lord of Berkeley for Barones and Banerettes Sire Thomas Irpyngham Chamberleyn for all the Bachilers and Commons of this Lond be South Sire Thomas Grey for all the Bachilers and Commons by North and my Felawe Johan Markham and me for to come with hem for all thes States And so Sire these Wordes and the doying that we sall say to zowe is not onlych our Wordes bot the Wordes and the Doyings of all the States of this Lond and our Charge and in her Name And he answered and said That he wyst wele that we wold not say but as we were charged Sire ze remembre zowe wele That on Monday on the Fest of St. Michell the Archaungell ryght here in this Chambre and in what Presence ze Renounsed and Cessed of the State of Kyng and Lordeship and of all the Dignite and Wyrshipp that longed therto and assoiled all zour Lieges of her Legiance and Obeysance that longed to zowe uppe the Forume that is contened in the same Renunciacion and Cession whiche ze redde zour self by zour Mouth and affermed it by zour Othe
If a Murderer If for all excess of Villanies odious and execrable both to God and Man Surely he deserveth the highest degree of Punishment and yet must not the Son lift up his Hand against him for no Offence is so great as to be punished with Parricide but our Country is dearer unto us then our Parents and the Prince is Pater Patriae the Father of our Country and therefore more Quintil. in declam offic lib. 1. sacred and dear to us then our Parents by Nature and must not be violated how Imperious how Impious soever he be Doth he Command or Demand our Persons or our Purses we must not shun for the one nor shrink for the other for as Nehem. 9. 37. Nehemiah saith Kings have Dominion over the Bodies and over the Cattle of their Subjects at their Pleasure Doth he enjoin those Actions which are contrary to the Laws of God we must neither wholly obey nor violently resist but with a constant Courage submit our selves to all manner of Punishment and shew our Subjection by Enduring and not Performing Yea the Church hath declared it to be an Heresie to Alphonsâ— a Castro in lib. de haeresi in Verb Tyrannus Dom. Sâ—to lib. 5. de just jure hold that a Prince may be Slain or Deposed by his Subjects for any Disorder or Default either in Life or else in Government there will be Faults so long as there are Men and as we endure with Patience a Barren year if it happen and unseasonable Weather and such other Defects of Nature so must we tolerate the Imperfections of Rulers and quietly expect either Reformation or else a Change But alass good King Richard what such Cruelty What such Impiety hath he ever committed Examine rightly those Imputations which are laid against him without any false Circumstance of Aggravation and you shall find nothing objected either of any Truth or of great Moment It may be that many Errours and Oversights have escaped him yet none so grievous to be termed Tyranny as proceeding rather from Unexperienced Ignorance or Corrupt Counsel than from any Natural and Wilful Malice Oh! how shall the World be pestered with Tyrants if Subjects may rebel upon every pretence of Tyranny How many good Princes shall daily be suppressed by those by whom they ought to be supported If they Levy a Subsidy or any other Taxation it shall be claimed Oppression If they put any to Death for Traiterous Attempts against their Persons it shall be exclaimed Cruelty If they do any thing against the Iust and liking of the People it shall be proclaimed Tyranny But let it be that without Authority in us or Desert in him King Richard must be Deposed yet what Right had the Duke of Lancaster to the Crown Or what Reason have we without his Right to give it to him If he make Title as Heir unto King Richard then must he yet stay until King Richard's Death for no Man can succeed as Heir to one that Liveth But it is well known to all Men who are not either wilfully Blind or grossly Ignorant that there are some now alive lineally descended from Lionel Duke of Clarence whose Offspring was by Judgment of the High Court of Parlement holden the Eighth year of the Reign of King Richard declared next Successor to the Crown in case King Richard should die without Issue Concerning the Title from Edmund Crouchbacke I will pass it over seeing the Authors thereof are become ashamed of so absurd Abuse both of their own Knowledge and our Credulity and therefore all the Claim is now made by Right of Conquest by the Cession and Grant of King Richard and by the general Consent of all the People It is a bad Wooll that can take no colour but what Conquest can a Subject pretend against his Sovereign where the War is Insurrection and the Victory High and Heinous Treason As for the Resignation which King Richard made being a pent Prisoner for the same Cause it is an Act exacted by force and therefore of no force or validity to bind him and seeing that by the Laws of this Land the King alone cannot alienate the ancient Jewels and Ornaments pertaining to the Crown surely he cannot give away the Crown it self and therewithall the Kingdom Neither have we any Custom that the People at Pleasure should Elect their King but they are always bound unto him who by right of Blood is right Successor much less can they confirm and make good that Title which is before by Violence usurped for nothing can then be freely done when Liberty is once restrained by fear So did Scilla by Terrour of his Legions obtain the Law of Velleia to be made whereby he was created Dictator for Fourscore years and by like Impression of Fear Caesar caused the Law of Servia to be promulged by which he was made Perpetual Dictator but both these Laws were afterwards adjudged void As for the Deposing King Edward the Second it is no more to be urged than the Poysoning of King John or the Murdering of any good and Lawful Prince We must live according to Laws and not to Examples and yet the Kingdom was not then taken from the Lawful Successor But if we look back to Times lately past we shall find that these Titles were more strong in King Stephen then they are in the Duke of Lancaster for King Henry the First being at large Liberty neither restrained in Body nor constrained in Mind had appointed him to succeed as it was upon good Credit certainly affirmed the People assented to this Designment and thereupon without Fear and without Force he was Anointed King and obtained full Possession of the Realm Yet Henry Son of the Earl of Anjowe having a nearer Right by his Mother to the Crown notwithstanding his Father was a Stranger and himself born beyond the Seas raised such rough Wars upon King Stephen that there was no end of spoiling the Goods and spilling the Blood of the unhappy People besides the ruines and deformities of many Cities and Holds until his Lawful Inheritance was to him assured It terrifieth me to remember how many Flourishing Empires and Kingdoms have been by means of such Contentions either torn in pieces with Intestine Division or subdued to Foreign Princes under Pretence of Assistance and Aid and I need not repeat how sore this Realm hath heretofore been shaken with these several Mischiefs and yet neither the Examples of other Countries nor the Miseries of our own are sufficient to make us to beware O Englishmen worse bewitched than the foolish Galathians Our unstayed Minds and restless Resolutions do nothing else but hunt after our own Harms No People more Hated Abroad and none less Quiet at Home In other Countries the Sword of Invasion hath been shaken against us in our own Land the Fire of Insurrection hath been kindled amongst us And what are these Innovations but Whetstones to sharpen the one and Bellows to blow up the
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that
this myn oth but as the words stonde And if it be so that I come agayn or do agayn this oth or any party thereof I yhelde me here cowpable as an Heretyk and to forfeit all my goods to the Kings will without any other process of Law and thereto I require the Notary to make of all this which is my will an instrument agayns me Et ex habundanti idem VVillielmus Dynett eodem die voluit recognovit quod omnia bona catalla sua mobilia nobis sunt forisfacta in casu quo ipse juramentum predictum seu aliqua in eodem juramento contenta de caetero contravenerat ullo modo And moreover the same VVilliam Dynett the same day granted and acknowledged that all his Goods and Chattels were forfeit to us in case he any ways contraven'd the said Oath or did any thing against what was contemned in it Taxes in this KING's Reign THE Lords and Commons perceiving the great danger of Rot. Parl. 1 Rich II. n. 27. Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies they granted to the King Two Fifteenth without Cities and Burghs and Two Tenths within Cities and Burghs for Two years Praying the King that as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King's appointment which were William Walworth and John Philypott Merchants of London who were to give an Account of their Receipts and Disbursements in manner as the King and his great Council should order In this Parlement the Commons for the arduity of their Charge Ib. n. 11 12. and feebleness of their Powers and Knowledge prayed the King to have John King of Castile and Leon Duke of Lancaster and Four Bishops Four Earls and Four Barons there named by them for their Ayd and to confer with them about the hasty and good exploit or dispatch of the things wherewith they were charged In the Second of Richard the Second in Quindena paschae part Rot. Parl. 2 Ric II. n. 13. in quindena Paschae 2. n. 13. upon Condition the Marc a Sack added upon Wooll and Sixpence the Pound upon Merchandise given in the last Parlement at Glocester might be remitted the Lords and Commons granted the Subsidy of Wooll as it was before that Parlement for One year from Michaelmas next coming and likewise a Sum upon divers Persons of the Kingdom for which see the Appendix n. 102. The Prelates Lords and Commons perceiving the great Perils Rot. Parl. 2 Ric. II. Die Mercurii prox post Festum Sancti Lucae p. 2. n. 29. with which the Land was environ'd and the great and outrageous Expences the King was to be at for the salvation and defence thereof granted to him the Subsidy of Wooll Leather and Woollfells for Three years of Wooll 43 s. 4 d. the Sack of Woollfells as much for every Two hundred and forty accounting Sixscore to the Hundred and for Leather 4 l. 6 s. 6 d. every Last which were exported by Denizens and Strangers and as an additional Grant they gave more 13 s. 4 d. for every Sack of Wooll as much for every Two hundred and forty Woollfells and for every Last of Leather 26 s. 8 d. Also they gave Sixpence in the Pound for every Pound value Ibm. n. 30. of Merchandise as well of Denizens as Strangers imported or exported for One year The Lords and Commons upon the same Reasons and Suggestions Rot. Parl. 3 Ric. II. n. 16. Die lunae prox post festum sancti Hillar Ibm. n. 17. as in the last Parlement granted the King One Fifteenth and half without Cities and Burghs and One Tenth and half within And seeing the King could not Maintain the Charge of the War without them they granted the Subsidy of Wooll Woollfells and Leather for One year after the Term the last granted should expire The Lords and Commons gave Three Groats of every Lay Person Rot. Parl. 4 Ric II. Die Lunae prox post Festum omnium Sanctorum of the Nation Males and Females except very Beggars and so as the richer or more sufficient in every Town should help the poorer so as no one paid above Forty Groats In the Fifth year the Parlement began on the Morrow of All-Souls Rot. Parl. â— Ric. II. n. 4â— and 67. or 3d of November in which the Lords and Commons granted the Subsidy of Wooll Woollfells and Leather as it was last granted until Candlemas next On the 25th of February it being then expired they grant the same Subsidy as it was last received to Midsummer next following and from that time for Four years In the Sixth of Richard the Second in the First Parlement that Rot. Parl. 6 Ric. II. n. 15. year the Lords and Commons perceiving the danger the Nation was in granted a Fifteenth and a Tenth In the Seventh of Richard the Second in the First Parlement Ib. 7 Ric. II. n. 13. that year the Commons with the assent of the Lords gave Two half Fifteenths In the Second Parlement this year holden at Salisbury the Lords Ib. 7 Ric. II. n. 10. and Commons considering the great Charge the King had been and was to be at for Maintaining his Estate his many Wars and Defence of the Kingdom granted Half a Fifteenth and Half a Tenth In the Eighth of Richard the Second the Lords and Commons Ibm. n. 10. grant Two Fifteenths upon Conditions there mentioned In the Ninth of Richard the Second the Lords Great Men Ibm. n. 10. and Communities of Counties Cities and Burghs granted to the King for the Voyage of the Duke of Lancaster into Spain keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and Half a Tenth and Fifteenth And then the Prelates and Noblemen and Great Men Proceres Ibm. n. 11. Magnates and the Communities aforesaid granted to the King the Subsidy of Wooll Woollfells above the ancient Custom of 6 s. 8 d. a Sack 42 s. 4 d. of Denizens and 46 s. 8 d. of Strangers and of Leather and Pelts or Woollfells pellibus lanutis in like manner according to the Rate In the Tenth of Richard the Second the Lords and Commons Ibm. n. 18. grant to the King Half a Tenth and Half a Fifteenth also Three Shillings per Tun upon Wine and Twelvepence in the Pound upon other Merchandise coming in and going out upon Condition the the Commission made to Fourteen continual Counsellors might no ways be repealed and that they might execute the Power granted by that Commission without disturbance In the Eleventh of Richard the Second the Parlement began Ibm. n. 11. on the Morrow of the Purification or 3d of February the Lords and Commons then granted Half a Tenth and Half a
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
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
His Grants in Parlement repealed Fol. 397 C He is appealed of High Treason Fol. 405 A His Death at Calais Fol. 408 B Is adjudged a Traitor Fol. Ib. D His Confession before his death Fol. 409 D Godfrey of St. Omar Founder of the Order of the Templars Fol. 165 A Gournay Tho. one of the Keepers and Murderers of Edw. II. Fol. 164 C Judgment against him for the same Fol. 191 A Grievances of the Kingdom presented Fol. 57 D 58 Guardians of the Kingdom who Fol. 1 D They proclaim the King's Peace Fol. Ib. They do the same for Ireland Fol. 2 A Their Writ to assess Tallage and suppress Tumults Fol. Ib. C Guines surprized by the English Fol. 248 C Guy Earl of Flanders his Alliance with Edward I. Fol. 42 A H. HAles Sir Robert Beheaded by the Rebels Fol. 346 C Haynault Earl of furnisheth Queen Isabel with Ships and Forces Fol. 154 D Haxey Thomas his Bill in the House of Commons against the King's Royalty Fol. 396 A Is adjudged a Traitor Fol. Ib. D Hereford Henry Duke his Submission to King Richard Fol. 403 E He accused the Duke of Norfolk Fol. 404 F The Schedule of his Accusation Fol. 413 B The matter contained in it to be determined by Duel Fol. 414 D The King prevents the Battel and banishes him Fol. 415 B C He lands in England Fol. 419 B The Nobility and People join him Fol. Ib. C D His Obeisance to King Richard and Reception at London Fol. 420 A He claims the Crown Fol. 432 D His Speech to the Lords and Commons Fol. 433 D He summons a Parlement in his own Name to be returned in six Days Fol. 435 E His Eldest Son made Prince of Wales Fol. 438 A His Followers and Confederates pardoned Fol. 452 A Adam Bishop See Adam Nicholas a Professor of Divinity in Oxford a Wiclivite Fol. 459 F The Proceedings against him Fol. 460 461 Higden Ran. his Character of the Earl of Lancaster Fol. 139 C Holt Sir John impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Hugo de Paganis one of the Founders of the Order of the Templars Fol. 165 A Hungerford Tho. Speaker of the Commons prays the reverse of several Impeachments Fol. 306 E I. JEws hanged for Clipping and Coining Fol. 8 C Maintenance allowed to the Converted Fol. Ib. The Obstinate are Banished Fol. 9 A John Duke of Bretagne died without Issue Fol. 224 The Competitors for his Dukedom Fol. Ib. C King of France Crowned Fol. 247 F He is Overthrown by Edward the Prince of Wales Fol. 257 He and his Son Philip taken Prisoners Fol. Ib. E They are brought to London Fol. 258 D And sent to the Tower Fol. 261 F He agrees to a Peace with Edward III. Fol. 262 E His return into England Errand and Death there Fol. 283 B Isabel Queen to Edward II. denied entrance into Leeds-Castle Fol. 134 A She writes to the Pope to Saint the Earl of Lancaster Fol. 138 E F She built a Chapel on the Hill where he was Executed Fol. 140 A She obtains Leave to get into France Fol. 148 E Her Excuse to the King for staying there Fol. 149 150 She takes Mortimer into her Service Fol. Ib. D Her Behaviour towards the King Fol. 152 A She leaves France and goes to the Earl of Haynault Fol. 154 A She lands at Harwich and is joined by the Nobility Fol. Ib. E F The Increase of her Army and her Cause carried on by false Reports Fol. 155 C D Her Care of Holy Church Fol. 157 E She takes Bristol and marches into Wales to find out the King Fol. 158 C D She held a Parlement with the Prince her Son Fol. 161 B Her seeming Sorrow for the King her Husband Fol. 163 A She and Mortimer hath the whole Government Fol. 186 A K. KEnt Edmund Earl of Vncle to Edward III. adjudged to death in Parlement and for what Fol. 185 D His Son restored to his Blood and Lands Fol. Ib. F Kilwardy Robert Elected Arch-Bishop of Canterbury without the King's Licence Fol. 93 B His Election protested against Fol. Ib. E Knights Four summoned for every County Fol. 10 B Knivet Sir John Chancellor his Declaration in Parlement of the Necessities of Edward III. Fol. 293 294 296 A Knolls Sir Robert Ravages and Burns the Country about Paris Fol. 290 A His great Care to suppress Tumults Fol. 361 A L. LAncaster Thomas Earl of resolved to defend Holy Church Fol. 114 E He demanded Gaveston of King Edward II. Fol. Ib. F He marched after the King and Gaveston Fol. 115 A A great Admirer of Robert Winchelsey Arch-Bishop of Canterbury Fol. 119 D He refused to serve the King against the Scots Fol. 120 A Is made Chief of the Council to Edward II. Fol. 122 E And General of the Army against the Scots Fol. 123 C The Agreement between him and the King Fol. 124 C He joins with the Earl of Hereford Fol. 134 F Is taken Prisoner Condemned and Executed Fol. 135 B Miracles done by him after his Death Fol. 136 A His Image adored at St. Paul's Fol. 138 A Queen Isabel writes to the Pope to Saint him Fol. Ib. D E The Arch-Bishop of Canterbury doth the same Fol. 139 A His Character by Higden Fol. Ib. C D Henry his Son shews Compassion to Edward II. Fol. 164 B His Submission to Edward II. and Queen-Mother Fol. 185 B He died of the Plague Fol. 282 D John Duke made Governour of Acquitain Fol. 290 C His Title to the Kingdom of Castile Fol. 292 A Is made the King's Lieutenant in France Fol. 295 A His ill Conduct in his Army Fol. Ib. C The three Great Offices he claimed at King Richard's Coronation Fol. 326 C His Retirement from Court Fol. 327 A His Challenge to his Accusers Fol. Ib He is chosen Head of the Committee for the Assistance of the Commons Fol. Ib. He sets out a Fleet and is beaten by the Spaniards Fol. 134 A B His Expedition against the Scots Fol. 342 F He concludes a Truce with them Fol. 350 F The Quarrel between him and Northumberland ended Fol. 351 A His Proposals to go into â—pain Fol. 355 A His Expedition against the Scots unsuccessful Fol. 361 B He is accused of Treason by a Fryer Fol. Ib. D His extravagant Expences in France Fol. Ib. E His Voyage into Spain and Claim of that Crown Fol. 364 C He is created Duke of Aquitain Fol. 392 C The Earl of Arundel asks his Pardon in full Parlement Fol. 394 A He is made Lord High Steward at the Trial of the Earl of Arundel and others Fol. 407 A He was First Commissioner in the Judgment given against his Son Henry Duke of Hereford 415 426 in the Margin Latimer impeached by the Commons Fol. 301 F Laws made in the First Purlement of Edward I. Fol. 4 C
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
ut supra f. 384. With a Dispensation to use their Offices c. Dispensation to use their Offices as Pope's Clercs and Nuncios as the Clercs and Nuncios of former Popes had done in former times notwithstanding any former Prohibition by him made Provided they did nothing against his Crown or Dignity or any of his Subjects any manner of way Dated the same Day and at the same Place Lastly He gave 3 Ibm. in Utrâ—que loco And Transport their Money by way of Exchange them leave by way of Exchange and by assistance of Merchants to send all the Money Collected which reasonably belonged to the Church of Rome or to the Pope so as they Transported not any Coined Money or Silver in the Mass by themselves or others Dated at the same Place and Time Under pretence 4 Append. N. 42. of these Letters Grants and Dispensations the Pope's Clercs aforesaid pretextu quarum literarum prefati Clerici Domini Papae c. not having respect to the Prohibitions in Parlement By reason of these Indulgences the Pope's Clerks return to their former Practices returned to their former Practices and being opposed in their Proceedings by many of the Kingdom by reason of those Prohibitions they Petitioned the King's Council holden at Westminster in the Feast of Holy Trinity next following and Exhibited their Letters c. And because it was found That by them the King had revoked nothing of the Ordinance made in Parlement Et They Petition the King and Council for allowance of them quia compertum fuit per easdem quod Dominus Rex nihil Revocavit de praedicta Ordinatione in Parliamento facta nor Granted any thing to the same Clercs by the said Letters but that they might have and receive the first Fruits of vacant Benefices as far as he could Grant them Quantum in Rege fuit and hereupon forbad them Their Petition was rejected and they commanded to desist from any such Practices to do or attempt any thing that might turn to the prejudice of his Crown and Royal Dignity or any other of his Subjects And it being found also That every of the Grievances aforesaid were in prejudice of the King and his Subjects By Command of the King being then at Carlisle it was agreed in the same Council That the Clercs should not do them nor have the first Fruits of Benefices of the Patronage of the King because it would turn to the prejudice of him his Crown and others The Clercs understanding this Agreement would not any further prosecute their Petitions or appear to receive their Answer And therefore there was a further Prohibition made That whereas there had not been a full Deliberation And for doing any thing against the K. his Crown and Dignity c. had upon their Petitions they should not attempt any thing any way prejudicial to Him his Crown and Dignity the Noblemen and People of his Realm Witness the King at Carlisle the 27th day of June in his 35th year This Prohibition was served 5 Ryley ut supra f. 385. upon them by the Mayor Aldermen and Sheriffs of London and afterwards if the said Clercs had presumed to have been Relieved against this Prohibition before they could attempt it the King died so as nothing further was done in this Matter In the time of this 6 Append. N. 43. Parlement at Carlisle either the King himself or the Lords took notice of the great Familiarity there was between the Prince and Piers de Gaveston and what Influence he had upon and Power over the Prince but whether upon the King 's own Observation or their pressing him to it I find not nor for what particular Reasons on the 26th of February at Lowercost by the King's Order and Command not on his Death-Bed as Piers de Gaveston Banished England commonly storied he was Banished England and to be ready to quit it at Dover three Weeks after the Turnament or Justs which should be Fifteen days after * Easter-Day was this Year 1307. on the 26 of March so that the day of his Departure was the First of May. Easter next coming and not to return without the King's Leave and Calling him back and for the Performance of this Order Monsieur Piers at the Day and Place aforesaid made Oath upon the Body of God i. e. The Consecrated Host the Old Cross and the King 's other Reliques and the Prince of Wales made Oath in like manner That he would not Receive Retain or Permit the said Piers to be with him contrary to this Order unless he was Recalled by and had leave from his Father to return and for his Subsistence beyond Sea so long as he staid there Monsieur Piers had allowed him an hundred Marks Sterling by the Year After Easter this Year in the Heat of the Controversie and Quarrel between the King Nobility and Pope's Nuncios as before related 7 Mâ—t. Wâ—st f. 458. Robert Brus put to flight the Eâ—of Pembroke and Glocester Robert Brus having increased his Army engaged Aymer de Vâ—lence Earl of Pembroke and put him to flight killing few of his Men Three Days after he also put to flight the Earl of Glocester with the Slaughter of many on both fides and afterwards besieged him in the Castle of Ayr until by the King's Army the Siege was Raised when with his Men he fled into the Woods and Mountains 8 Ibm. Robert Brus flies into the Woods and Mountains yet King Edward sent into England and under great Penalty Commanded all that ought him Service to be ready at Carlisle three Weeks after the Feast of St. John Baptist and there sent his Son into England also to prosecute his Match with the King of France his Daughter by the assistance of the The Prince sent into England Spanish Cardinal Bishop of Sabin 9 Ibm. After the Departure of his Son the King fell ill of a Dysenterie or Bloody-Flux yet by small Journeys he moved toward Scotland from Carlisle and at Burgh upon Sands his Disease increasing he Died the 7th of July A. D. The King Dies 1307. Church-Affairs NOT long before the Death of Henry III. the Monks of Canterbury by his License 1 Antiquit. Brit. f. 189. n. 10 20. God de presul Angl. p. 137. A. D. 1272. had chosen William de Chillenden their Sub-Prior for their Archbishop the Pope persuaded him as a Person not â—it for that Place to wave the Election and make way for Robert Kilwarâ—eby a Friar-Minor who for Eleven years had been the Collector of the Pope's Moneys or Revenues in England to be Archbishop by his Provision without the King's License the Monks Election and his Approbation afterwards contrary to the King's Prerogative the ancient Rights of his Crown the Laws of the Realm and Liberties of the Church But to provent if it might be for the Future the like Practices of the Pope within
Hugh Robert and Edmond Earl of Arundel did counsel him were it never so great Wrong During which Vsurpation by Duresse and Force against the Will of the Commons they purchased Lands as well by Fines levied in the Court of the said King Edward as otherwise And whereas after the death of the said Earl of Lancaster and of other Great Men our Sovereign Lord the King that now is and Dame Isabel Queen of England his Mother by the King's Will and Common Counsel of the Realm went over into France to Treat a Peace between the Two Realms of England and France upon certain Debates then moved the said Hugh and Hugh Robert and Edmond Earl of Arundel continuing their Mischief encouraged the said King Edward against our Sovereign Lord the King that now is his Son and the said Queen his Wife and by the Royal Power which they had to them encroached as afore is said procured so much Grievance by the Assent of the said King Edward to our Sovereign Lord the King that now is and the Queen his Mother then being beyond Sea that they remained as forsaken of the said King Edward and as exiled from this Realm of England Wherefore it was necessary for our Sovereign Lord the King that now is and the Queen his Mother being in so great Jeopardy of themselves in a strange Country and seeing the Destruction Damage Oppressions and Disherisons which were notoriously done in the Realm of England upon Holy Church Prelates Earls Barons and other Great Men and the Communalty by the said Hugh and Hugh and Robert Earl of Arundel by the encroaching of such Royal Power to them to take as good Counsel therein as they might And seeing they might not remedy the same unless they came into England with an Army of Men of War and by the Grace of God with such Puissance and with the help of Great Men and the Commons of the Realm they have vanquished and destroyed the said Hugh and Hugh Robert and Edmond Wherefore our Sovereign Lord King Edward that now is at his Parlement holden at Westminster at the time of his Coronation on the morrow after Candlemas in the First Year of his Reign upon certain Petitions and Requests made to him in the said Parlement upon such Articles above rehearsed by the Common Counsel of the Prelates Earls Barons and other Great Men and by the Communalty of the Realm there being by his Commandment hath Provided Ordained and Established in Form following First That no Great Man nor other of what Estate Dignity or Condition he be that came with the said King that now is and with the Queen his Mother into the Realm of England nor none other then dwelling in England that came with the said King that now is and the Queen in Aid of them to pursue their said Enemies in which Pursuit the King his Father was taken and put in Ward and yet remaineth in Ward shall not be Impeached Molested nor Grieved in Person nor in Goods in the King's Court nor other Court for the Pursuit of the said King taking and with-holding of his Body nor Pursuit of any other nor taking of their Persons Goods nor Death of any Man or any other things perpetrate or committed in the said Pursuit from the Day that the said King and Queen did arrive till the Day of the Coronation of the same King What follows in this Statute is not much to our purpose Those concerned in the Conspiracy against and Design upon the King thought them well covered by this Preamble and themselves well secured by this First Chapter After the end of this Parlement there were 3 Rot. Claus 1 Ed. III. M. 16. Dors The Scots refuse to treat of a Peace They break the Truce with England Commissioners sent to the Borders of Scotland to Treat of Peace but the Scots refused to Treat with them and not only so but brake the Truce which had been made with King Edward II. raised an Army and invaded England 4 Wals f. 127. n. 40. They make their escape from Stanhop-Park The Young King and his Mother raised an Army and with the Stipendiary Strangers marched against them and had almost inclosed them in Stanhop-Park in the Bishoprick of Durham yet in the Night they escaped and got into their own Country but threatned to return again Wherefore for the Defence of the Kingdom and other Matters there was a Parlement called to meet on the morrow of Holy Cross or 15th of September at Lincoln The 5 Rot. Claus ut supra Writ in which most of this Relation is contained bears Date at Stanhop Aug. 7. The English and Haynalters quarrel In their March towards the Scots the Haynalters Domineering over the English they Quarrelled at York where many were killed and the most English whether for fear of the English or 6 Knighton col 2551. n. 50. Wals ut supra The Haynalters c leave England for what other Reason the Haynalters and other Foreigners 7 Ibm. c. 2552. n. 40. left England not long after well Rewarded with Gold and Silver by the Queen and Mortimer and others of their Faction What was done in this Parlement I find not This Year there was another 8 Rot. Claus 1 Ed. III. M. 3. Dors Summoned to meet at York on the next Sunday after the Purification of the Virgin Mary to Treat of certain Articles propounded and declared between the Two Nations at Newcastle but nothing was done at this Parlement the Bishops and other Great Men not appearing and therefore as is expressed in the Writ 9 Rot. Claus 2 Ed. III. M. 31. Dors A Parlement at Northampton Dated March 5. next following he called another Parlement to meet three Weeks after Easter at Northampton In this Parlement 1 In A. D. 1327. A shameful Peace made with the Scots says Murymuth and Walsingham from him facta fuit turpis Pax inter Anglos Scotos there was made a shameful Peace between the English and Scots by the Direction and Contrivance of the Queen and Roger Mortimer by which David Son and Heir to Robert Brus King of Scotland was to Marry Joan King Edward ' s Sister both Children And he was also to release all his Right and Claim of Superiority that he and his Progenitors had in the Kingdom of Scotland and to deliver up all Charters and Instruments concerning the same Some great Matters having hapned after this Parlement that required great Advice there was a 2 Rot. Claus Ed. III. M. 15. Dors A Parlement at Salisbury Writ issued Aug. 28. for another to meet at Salisbury on the Sunday next after the Quinden of St. Michael In this Parlement 3 Wals f. 129. n. 10. Three new Earls made in this Parlement there were made 3 Wals f. 129. n. 10. Three new Earls made in this Parlement three Earls Iohn of Eitham the King's Brother Earl of Cornwal Roger Mortimer Earl
Nobility Gentry and Citizens in all Places and their Violence exercised upon the Peasants the Practices of the King of Navarre against the Dauphin and Government of France by making Divisions amongst the People and driving them into Parties and Factions the Barbarity of the Plundering-People calling themselves Companions and of the Soldiers 5 Mezer. f. 76. both Foreign and Domestics who upon Truces made between the Parties were neither disbanded or paid All these robbed and pillaged one another committed Rapin without distinction wasted and burnt the Countries where they came until the Dauphin procured himself to be declared Regent of France by the Parlement at Paris 6 Ib. f. 377. in the Year 1358. and some little while after until the Nation was reduced to some sort of Settlement by that Regency and Compliance between the Regent and Parlement which had not been before The last-mentioned Truce being expired without hopes of Peace 7 Froys lib. 1. c. 201. the King of England and his Son the Prince of Wales the the King of France and James Earl of Bourbon only amongst A Peace concluded themselves Treated of and agreed upon a Peace and sent the Articles into France to the Duke of Normandy the Dauphin and Regent He assembled the Prelates Nobles and People of the Good Towns who upon debate of the Terms resolved to suffer The French refuse the Terms more than they had done and permit their King to remain Prisoner rather than to submit to such Articles as should so much lessen the Power of France King Edward at the Return of the Messengers understanding the Resolution of the French determined to enter France with such a Force as should make an end of the War or procure Peace according to his Desire K. Edward raiseth a mighty Army To put what he resolved on in execution he raised an Army such as had not been 8 Froys â— 1. c. 205. seen and sent the Duke of Lancaster before him to Calais 9 â— 174. li 5. a. 1100 Ships provided to transport that Army Walsingham says there was Eleven hundred Ships prepared at Sandwich to Transport this Army from which Port he set sail on the 28th of 1 Claus 33 Ed. III. M 9. Dâ—rs October taking with him his Four Sons 2 Froys ut sâ—pra c. 207. Prince Edward Lyonel John and Edmond 3 Wals f. 174. â—in 3 6. 7. with most of the Nobility fere Proceres omnes leaving his young Song Thomas of Woodstock not then four Years old Guardian of the Kingdom with a Council fit to perform that Charge Before his 4 Froys l 1. c. 206. The King of France and his Son sent to the Tower Passage he sent the King of France and his Son from their loose Confinement to the Tower or more safe Custody and the rest of the French Prisoners into Places of Security With this Army 5 Ib. c. 209 210 211. he marched into the middle of France laying all waste as he marched He was entring 6 Was f. 174. n. 10. K. Edward marches into the middle of France burns and wastes the Country The French sue for Peace Burgundy when the Duke met him and compounded with him for Seventy thousand Florens to spare his Country from Burning and Rapin. The French kept themselves within their Places of Strength and filled them with Armed Men and permitted the Country to be harassed and ravaged by this Army The Miseries and Desolation of the Kingdom of France at this time and in this manner urged the Duke of Normandy and Regent the Clergy Nobility and all sorts of People to be desirous of and sue for a Peace 7 Mezeray f. 380. Cardinal Simon de Langres the Pope's Legate the Abbot of Clugny and the Dauphin's Commissioners always followed King Edward's Camp and earnestly sollicited for Peace The 8 Duke of Lancaster and other Lords were inclinable K. Edw. averse to a Peace and pressed the King to hearken to it He was averse putting such Terms upon the French they could not submit to them until as 9 Lib. 1. c. 211. Was â—frighted into it by a Tempest Froysard tells the Story being before Chartres there suddenly happened such a Tempest of Thunder Lightning Rain Hail and Stones that it killed many of his Men and Horses when turning towards our Lady's Church there and stedfastly beholding it he made a Vow to her to Consent to Peace And being then Lodged in a Village called Bretigny near Chartres Commissioners were appointed on both sides to Treat there accordingly This Famous Treaty of Bretigny was managed by 1 Rot. Cales de negotiis comunibus 3. a. Ed. III. M. 6. the Prince of Wales and Charles Regent of France in the Names of both Kings Commissioners for the English were Sir Reginald de Cobham Sir Bartholomew Burghersh Sir Francis Hale Banerets 1 Rot. Fran. 34 Ed. III. M. 11. Dors The famous Treaty of Bretigny Sir Miles Stapleton Sir Richard la Vache and Sir Neel Loring Knights with others of the King's Council On the French Party were the Elect of Beauves the Chancellor Charles Lord Momerency Monsieur John de Meingre Marshal of France Monsieur Aynart de la Tour Lord of Vivoy Monsieur Ralph de Ravenal Monsieur Simon de Bucy Knights Monsieur Stephen de Paris and Peter de la Charite with many others of his Council named by King John himself These Commissioners on both sides 2 Mezeray f. 380. A Peace made in 8 days met the first of May at Bretigny aforesaid within a Mile of Chartres and concluded upon all the Articles of this Peace in eight Days time which do here follow Translated from the French with Notes where they were afterwards altered and corrected by the Two Kings at Calais Edward Eldest Son 3 Rot. de Tract at pacis Fran. 34 Ed. III. M. 10. See also Leibnitz Codex juris Gentium from f. 208 to f. 220. to the King of France and England Prince of Wales Duke of Cornwal Earl of Chester To all those who shall see these Letters Greeting We make you know That all the Debates and Disorders whatsoever moved or stirred between our Lord and Father King of France and England on the one Part and our Cousins the King his Eldest Son Regent of the Realm of France and all those it may concern on the other Part. For the Good of Peace it is Agreed the 8th Day of May 1360. at Bretigny near Chartres in the manner following 1. First 4 Ibm. That the King of England with what he holds in Gascogne and Guyen shall have for him and his Heirs for ever all those Things which follow to hold them in the same manner the King of France or his Son or any of his Ancestors Kings of France held them That is to say Those in Soveraignty in Soveraignty and those in Demain in Demain according to the time and manner
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as