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
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
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
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
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
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
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.
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
other Prelates and Great Men of England became bound with you for great Sums upon Vsury The 1 Ibm. f. 31. second thing charged upon him in the King's Letters he says was yet more wonderful That when the Ninth was granted he promised effectually to assist in the levying of it but that by reason of the nonperformance of that Promise when before Tournay he was forced to consent to a Truce contrary to his Mind To this he said the whole Subsidy for the Ninth for the first Year was assigned to his Creditors before his second Passage as might appear by the Assignations themselves and therefore it was manifest that he neither promised to send nor could send any thing to the Siege of Tournay especially not knowing when it began To the 2 Ibm. third thing That the Necessities and great Streights he was in were brought upon him by his Fault Negligence and Malice as also of his other Officers some of whom he was forced to remove and imprison others lest his Friends that were with him and Allies beyond Sea should leave him And when desiring to have a better Information of his Affairs he sent for him c. The Arch-Bishop affirms he made no Promise 3 Ibm. to send Money to him and therefore such as Warred in his Service could not complain of his Fraud or Negligence And professing again how diligent he had been and faithful both then and at all times in his Service he says 4 Ibm. f. â—2 as concerning his Faithful Friends and those that accompanied him in his Enterprizes beyond Sea who desired a fit Remedy to be applied to those ill Services that brought him into those Inconveniences and Misfortunes it was to be believed according to their Words that as culpable or guilty of any Fault they were to be punished by just not arbitrary Process Then as to his Two Messengers first Nicholas Cantilupe bringing the King's Letters of Credence he only cited and enjoyned him to go into Brabant to pay the King's Debts and stay there while they were paid so that if he had been summoned to have been at London with the King as his Letters intimated he must have been here and beyond Sea at the same time As to Ralph de Stafford he came without Letters and by bare Word cited him to come to the King affirming he ought not to fear any Treachery 5 Ibm. and says this notwithstanding that tho' the King's Letters of Conduct at first view seemed sufficient for his coming to staying at and returning from his Councils if he had been summoned as he was not yet the same day he received these Letters of Conduct the Sheriff of Canterbury brought him the King 's Writ to appear at London before the King and Council upon a Contempt So as tho' the King's Letter gave him free liberty of returning yet by the King 's Writ he was of necessity to fall into his Enemies hands 6 Ibm. quod non decuit nec decuisset Regiam Majestatem which became not nor could become Royal Majesty Nevertheless he was and should always be ready to answer what should be objected against him before the Prelates and Peers saving his State and Order Statu nostro Ordine semper salvis As to what was 7 Ibm. 34. charged upon him for publishing Sentence of Excommunication and commanding it to be published against the Violators of Ecclesiastic Liberty and the Great Charter to blacken the King's Reputation defame his Ministers and traiterously move Sedition amongst the People and to withdraw the Affections of the Earls Barons Nobles and Great Men from the King because it seemed to affix the Crime of Treason upon him in which case no King or Temporal Lord could be his competent Judge he protested openly and publickly by these Presents That what he said or should say he intended not to prejudice his State in any thing but wholly to decline Trial by any Secular Judge whatever 8 Ibm. Quia praemissa proditionis crimen in Caput nostrum retorquere videntur quo casu Rex nullus vel Dominus Temporalis judex noster competens esse potest sicut satis Superius est ostensum protestamur palam publice per Presentes Quod dicta vel dicenda in nullo Statui nostro prejudicare intendimus in hac parte sed judicis cujuscumque Secularis examen totaliter declinari At last as to 9 Ibm. f. 35. his Prodigality in giving away the Revenues of the Crown to undeserving Persons and wasting the Product of them and converting the King's Treasure to his own use he utterly denies it asserting again his Innocence and the great Service he had done the Labour and Expences he had been at for the Crown And near his Conclusion he says Haec 1 Ibm. 36. ad Libellum famosum responsa sufficiant in praesenti This may suffice for Answer to the scandalous Libel at present and wisheth for the King's Honour it had neither been wrote or published The King 2 Ibm. f. 36 37 38 The King 's Reply to the A. Bp.'s Answer replied very briefly to this Answer reproves him for his insolent and undutiful Language tells him how much he Honoured and Revered his Spiritual Fathers and that he ought not to overlook their Offences when he saw them tending to the Danger of him and his Government And shews him his Mistake when he complained he was condemned of Capital Crimes being absent and unheard as if he in those Letters wrote in his own Vindication only had proceeded criminally against him and forbids him and all other Bishops to publish any Sentences of Excommunication or other things against the Rights of his Crown or derogatory to his Royal Dignity and Prerogative as they had been always used by his Progenitors During this Controversie between the King and Arch-Bishop A Parlement called there was a Parlement called to meet at Westminster on Monday next after the Quinden of Easter the Writ of Summons in ordinary bearing Date March 3. at Wedestoke 3 Claus 15 Ed III. Part 1 M. 37. Dors A. D. 1341. In this Parlement the Arch-Bishop appeared and humbled himself to the King 4 Rot. Parl. l. 3. p. 8. The A. Bp. humbles himself to the King and begs pardon le dit Ercevesque se humilia a nostre Seignieur le Roy requesting his Favour and Good-will to which the King received him and for which the Prelates and Great Men gave him all possible Thanks they could think of And then the Arch-Bishop prayed the King That having been defamed through the whole Kingdom he might be Arraigned before his Peers in full Parlement qil puisse estre aresnez en pleyn Parlement devant les Piers which the King granted quen chose le Roy ottroia but said he would that the Business touching the State of the Kingdom and Common Benefit should be first dispatched Afterwards 5 Ibm. n. 43. A Committee appointed
Legate endeavours to prevent the Battel Army to the other to prevent them from coming to Blows 2 Froys 8. b. cap. 161. The King of France his Confidence destroyed him Edward offered to pay for all the Damages he had done in his March from Burdeaux to deliver up all his Prisoners and not to bear Arms himself nor any of his Subjects for seven years time against France But K. John believing the Victory secure and certain rejected all his Submissions and blinded with Passion and Anger instead of hemming him in and starving him which could not have failed in three Days time went on headlong with the Courage and Fury of a Lion rather than of a Captain to attack him within his Fastness the * A. D. 1356. 30 Ed. III. 19th of September Nay by the worst Advice in the World he caused all his Horsemen to alight excepting Three hundred select Men who were to begin the Onset and the German Cavalry who had Orders to second them The thickness of the Hedges hindred these Three hundred Horse from breaking in upon them the English-men's bearded Arrows made the Horses mad and turned them upon the Germans who fell into the Avant-Guard and they were totally routed by a Gross of the Enemies who came forth and charged them during their Disorder Of the Four Sons the King had in this Battel Three of them were a little too soon carried out of the Fray by their Governours together with 800 Lances and this gave a fair Pretence of Excuse to all such Cowards as were glad to follow them There was only Philip the Youngest of the Four who obstinately resolved to run the Fortune of his Father and fought by his side The King 's single Valour sustained the Enemy's Charge a considerable time and if one fourth part of his Men had but Seconded him no doubt but he had gained the Victory At length The King of France yields himself His Son Philip and several of the French Nobility made Prisoners he yielded himself up into the hands of John de Morebeque an Artesian Gentleman whom he had banished the Kingdom for some Crime Philip his Son was taken Prisoner with him There were but 6000 French killed in this Fatal Day but of that Number were 800 Gentlemen and amongst those the Duke of Bourbon the Duke d' Athenes Constable the Mareschal de Nesle and above 50 more of good Quality The Young Prince as Courteous as he was Valiant Treated The Prince very kind and civil to the King of France the King as his Lord the same Night he served him at his Table and endeavoured to allay his Grief and Misfortunes by the most obliging and becoming Language he could express The next day fearing this Noble Prey might be snatched from him and withal observing his Soldiers were so laden with Plunder He carries him to Burdeaux with a great number of Prisoners that they were uncapable of further Service he took his March towards Burdeaux and carried away the King and his Son along with him together with a prodigious Number of Prisoners According to 3 F. 79. b. cap. 160. The French in this Battel 4 times more than the English Froysard the Men at Arms only besides others of the French were four times the Number of the whole English Army they being Forty eight thousand divided into three Battels Sixteen thousand in a Battel the English Army not being esteemed above Eight thousand by the Account of Sir Eustace of Ribemont and Two other Lords gave to the King of France having been sent by him to discover their Number In this Battel the Earls of Warwick Suffolk Salisbury Stafford The English Noblemen thatshew most Courage in this Battel Sir James Audeley Sir John Chandos Sir Reginald de Cobham c. behaved themselves very bravely but beyond others the Earl of Warwick Sir James Audeley and Sir John Chandos And as 't is said by Froysard 4 F. 83. a. cap. 164. the Prince of Wales who was Courageous and Cruel as a Lion took that Day great Pleasure to Fight and to chase his Enemies His Courage and Conduct with the Assistance of those about him was in this Battel most certainly very extraordinary and wonderful On the 5th of May next Year the Prince of Wales arrived at A. D. 1357. 31 Ed. III. The King of France brought Prisoner to London Plimouth with his Noble Prisoners the 5 Wals f. 172. n. 40. Knighton col 2615. n. 10 20 c. King of France and his Son where and in his Passage from thence to London he was treated with much Honour and Respect and on the 24th of the same Month had a Publick Entrance made him into that City and was Lodged in the Palace of the Savoy the King Queen and Great Men often making him Visits 6 Holinsâ—ed f. 390. Here he staid until toward the next Spring when he was removed to Windsor-Castle where he and his Son passed the Time in Hawking and Hunting and toward Winter returned to the Savoy Soon after the King of France his 7 Froys â— 1. c. 173. f 86. b. Arrival in England the Pope sent the two Cardinals of Perigord and St. Tital into England to mediate a Peace between the Two Kingdoms but without effect Yet so far they prevailed as to procure a Truce until the Feast of St. John Baptist which was to be in the Year 1359. or A Truce for two years by the Pope's Mediation 33d of Edward III. out of which Philip of Navarre the Countess of Montfort and Dutchy of Britan were excepted Before this by the Mediation of Joan Queen of Scots or as 8 Rot. Scot. 27 Ed. III. M. 2. 't is phrased in the Record Consort to David Brus his Prisoner Sister to King Edward who in the 27th of his Reign had his Leave to come into England to her Husband with moderate Attendance cum moderata Familia and upon the Prayer of David Brus his Prisoner the Prelates Great Men and Commons of Scotland 9 Ibm. 28 Ed. III. M. 4 a la Priere David de Bruys nostre Prisoner des Prelates Grantz Comunes Descoce he granted to Treat with them about his Deliverance And thereupon sent to Newcastle Commissioners appointed to treat about the Deliverance of David Bruce upon Tine the Bishop of Duresme William de Bohun Earl of Northampton and Constable of England Gilbert d'Vmfreyvill Earl of Anegos the Lords de Percy and de Nevill William Baron of Greystock and Henry le Scrop his Commissioners with full Power to Treat with the Bishop of St. Andrews and Brechin Patrick of Dunbar Earl of the March of Scotland the Abbot of Dumfermelin and Master Walter de Moffet Arch-Deacon of Leonesse Commissioners for Scotland Where it was 1 Ibm. Agreed 1. That David should be Ransomed and fet free for Ninety thousand His Ransom 90000 Mercs to be paid in 9 years Mercs of Sterling
the College declared an Infidel Cursed and Condemned and Henry the Bastard Legitimated and made capable of Receiving the Kingdom 9 Froys ib. The Kings of France and Arragon make War against Peter and drive him out of his Kingdom By this Encouragement the Kings of France and Aragon made War upon him and sent under the Command of Bertrand du * Guesclin the Famous Commander of the Companions a great Body of those Men and a great Number of other Voluntiers under excellent Officers to assist the Bastard Henry against Peter who drove him out of his Kingdom Peter applies himself to the Prince of Wales 1 Ibm. c. 231. A. D. 1366. He applies himself to the Pr. of Wales who undertakes his Quarrel who sends into England to his Father and by his Advice and the Concurrence of the Gascon Lords undertakes his Quarrel upon Condition of Payment of his Men and that the King of Navarre would permit them to pass through his Country 2 His Brother the Duke of Lancaster came to his Assistance out of England and with as many Companions as he could gather up under the Command of Sir Hugh Caverly and others the Gascons and Forces his Brother brought with him he enters Castile 3 Ib. c. 234. Beats Henry The March Number of Men and Chief Commanders are described and named by Froisard on Saturday April 3. 1366. The 4 Ib. c. 237 238. and restores him Battel was fought between Navar and Navaret in Spain where Henry the Bastard received a total Rout and Peter was restored to his Kingdom Some time after the Battel 5 Ib. c. 239. f. 142. The Pr. sends to K. Peter for Pay for his Soldiers and could not get it the Prince sent to King Peter for Pay for his Soldiers who excused himself and let him know his People could raise no Money so long as the Companions were in the Country and that they had three or four times robbed his Treasurers coming to him with Money and therefore desired him to send them away The Prince not being well 6 Ibm. The Pr. not being well returns with his Army into Aquitan nor the Air of Spain then thought to be infectious agreeing with him or his Army he was advised to return to Aquitan and Order was given accordingly Upon his return he promised the Army to pay them so soon as he got Money though King Peter had not kept his Promise The Gascon Lords went to their own Homes the 7 Ib. c. 240. Companions kept together expecting their Wages and exercised their Trade of Robbing and Plundering The Prince desired 8 Ibm. The Companions rob and spoil the Country them to leave his Country it not being able to sustain them Some staid others that would not displease him marched towards France under English and Gascon Officers passed the River Loire and went into Champagne where their Numbers encreased much and they were so strong as none dare encounter them though many Complaints had been made to the King of France concerning them They harassed the Countries where-ever they came and the 9 Ibm. People wondered the Prince of Wales should send them thither to make War * So Mezeray Froysard Clâ—squi Walsingham Cleikin others Clequin and Guesciline Who wanting Money to pay his Debts contracted by the The Pr. wants Money Spanish Expedition and his own Expences and in some measure to satisfie his Soldiers and Military Men he was advised 1 Ib. c. 241. to call together the Bishops Abbats Barons and Knights of Aquitan at Niort where Chimney-Money was propounded and urged by Chimney-money propounded Many dissatisfied about it the Bishop of Rhodes Chancellor of Aquitan a Frank upon every Chimney Some consented to it others dissented but the main Answer was They would consider and advise about it and then departed 2 Ibm. Yet it was exacted The Prince commanded them to return at a Day assigned Many returned not nor would suffer Chimney-Money to be paid 3 Ibm. against the Advice of some of his Council He rigorously exacted the Collection of it Sir John Chandos one of the Chief of his Council advised him to the contrary but seeing he could not prevail left him pretending Business in Normandy at his own Estate St. Saviours le Vicount where he abode six Months In the mean time 4 Ibm. Many Great Men of Gascon complain to the King of France of the Oppressions of the Pr. of Wales the Earl of Arminac the Lord d'Albret the Lords Gomenges Pincornet and divers other Barons Prelates Knights and Esquires of Gascon made great Complaints and appealed to the French King as their Superious Lord to whose Court was as they affirmed the last Resort for maintaining their Liberties and Franchises against the Oppressions and Evil Usages of the Prince of Wales 5 Ibm. The King of France Summons him before him in his Chamber of Peers He managed them cunningly giving them such Answers as satisfied them at present yet knew not his meaning until he had covertly prepared for War and then he sent a 6 Ib. c. 243. Du Chesue f. 699. D. A. D. 1369. The Prince his Answer Summons to the Prince of Wales upon their farther Instance Dated January 25. at Paris to appear there before him in his Chamber of Peers and do the People Right according to their Complaints His Answer was That if he must come he would attended with Sixty thousand Men. This Summons was soon after followed with a Defiance 7 Froys e. 246. Du Ches f. 700. D. The King of France desies the King of England Invades Ponthicu and Aquitan sent to the King of England and the Invasion of Ponthieu and Aquitan The chief Reasons why the French King began the War again with England were besides the above-mentioned a pretended 8 Du Chesne f. 693. B C. The Reason of this War Agreement the Two Kings should make at Bologne on the 26th of October 1360. when the Treaty at Bretigny had been corrected and confirmed by them both by which it was accorded That whereas for some Difficulties which then hapned the Renunciations to be made at Calais could not be perfected both Kings in the Year following should send their Deputies to Bruges to be there on the Feast-Day of St. Andrew bringing with them the Treaty of Peace and Renunciations in Letters Patents Sealed with their Seals And until that time they should be of no effect And that to the King of France should remain the Resorts and Soveraignties as before 9 Ibm. That if any of the Subjects of one Party or the other should contravene the Peace exercising Robbing and Killing Pillaging Burning or Taking or Detaining Fortresses Persons or Goods in one Kingdom or the other upon the Subjects Adherents or Allies and should not cease or make Reparation within one Month after Demand From thence they were to be holden as Banished both Kingdoms Guilty of
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
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
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
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
Castle It being then doubtful what to do with him whether they should carry him to the King or put him to Death a certain 3 Ibm. Cunning Man and of great Advice answered Quidem vir astutus profundi Consilii respondit That it was to no purpose having been at such Charge and Trouble to take him to hazard the losing of him or to seek him again 4 Ibm. N. 50. adding That it were much better that he should suffer Death then a War should be raised in the Kingdom when all assenting to this Advice they took him out of Prison and carried him to an Ascent or Hill about a Mile North-East of Warwick called The Lords put Piers Gaveston to Death without Judgment Black-Low and there cut off his Head on the 5 Knighton Col. 2533. lin 5. day of Gervaise and Protasius the Martyrs or 19th of June Sir William Dugdale 6 Baronage Tom. 2. f. 44 Col. 1. from the MSS. K. 84. 96. b. in the Bodleian Library reports the Earls of Lancaster Hereford and Arundel being at this Consultation Thus Walsingham But Part of this Story is otherwise upon Record The King 7 Append. N. 56. A. D. 1312. wrote to John de Moubray Guardian of the County and City of York That Henry de Percy late by his Writing or Instrument before him in his Presence upon Forfeiture of Life and Limb Lands and Tenements and all he could forfeit undertook to preserve and keep safe from Damage Peter de Gaveston Piers Gaveston not truly dealt with upon his Surrender then Earl of Cornwall for a certain time according to certain Terms and Conditions upon which he render'd himself to the said Henry and others without the Castle of Scardeburgh and that the same Henry after the said Peter had been Killed before the Time and contrary to the Terms and Conditions aforesaid came not to him but withdrew himself by which he made himself suspected and therefore commanded him to take him without Delay and bring him to him wherever he was Witness the King at London the 31st Day of July in the 6th of his Reign The 8 Walsing F. 101. N. 50. f. 102. l. 1. c. The Lords demanded the Confirmation and Execution of the Ordinances Great Men having obtained their Purpose against Gaveston sent to the King proudly Demanding Proterve Postulantes their Ordinances to be Confirmed and put in Execution Threatning That if it was not done speedily they would come and force him to do it 9 Ibm. and forthwith they united their Forces and Quartered themselves in the Country about Dunstable he being then 1 Ibm. at London Upon this Occasion undoubtedly it was as also upon occasion of an Answer to the like Message about Five Months before as above related that the King sent 2 Append. N. 57. The K. sent to the Chief Ordainers to come to his Presence and treat about reforming the Ordinances John de Benstede one of his Justices to the Earls of Lancaster Hereford and Warwick who were at the making of those Ordinances to be with him at London or Westminster on the Sunday next after St. Bartholomew to Treat in his Presence about Correcting and Reforming the Ordinances if any thing should be found in them Injurious or Prejudicial to him and that he should enjoin them by their Faith and Homage that they should not come with Horse and Arms. Witness the King the 4th of August at Canterbury Notwithstanding this Notice and Inhibition they came not but marched about the Country with Horse and Arms Encouraging They came not but marched about the Country the People to join with them and therefore the King enjoined 3 Append. N. 58. Encouraging the People to join with them certain Commissioners reciting the most Material Part of his Precept as above to John de Benstede And seeing they had not come to him as then Ordered and Enjoined or sent any one to answer for them and understanding the said Earls with Horse and Arms and a great Multitude of Armed Men to be coming toward him to the great Terror of the People he assigned the same Comissioners to forbid the Earls and every one The K. forbids the Earls to come near him with Horse and Arms. of them by the Faith and Homage they ought him That they should not with Horse and Arms come nearer to him and if the Earls would not obey the Prohibition then to forbid all and every one coming with them to proceed further under the same Forfeiture Witness the King at Westminster the Third Day of September The Bishops with the Earl of Glocester perceiving this 4 Walsingh F. 102. N. 10. Dissention would be dangerous to the Church and Kingdom used all their Endeavours for a Peace 5 Ibm. They met at St. Albans with the Pope's Nuncios sent by him as Mediators between the King and Lords These Nuncios 6 Ibm. Walsingham's false Report of the Treaty between the K and Barons says Walsingham sent certain Clerks from St. Albans to Whethemsted three or four Miles distant where the Barons then lay with their Army with the Pope's Letters persuading them to Peace and that they would not receive them saying They were not Learned but bred up to Arms and therefore cared not to see them Then the Messengers desired to know if they would speak with the Nuncios who would willingly come to them to Propound and Discourse with them about a Project of Peace This says the Historian they utterly refused sending for Answer That there were many learned Bishops in the Kingdom whose Advice they would take and not the Advice of Strangers who knew nothing of the Cause of Dissention 7 Ibm. n. 20. The Nuncios affrighted at this Return Early in the Morning made haste to London after they had been at St. Albans above a Month and that then the Bishops and Earl of Glocester by great Industry made the Peace But this cannot be true for the Record of the Articles of Peace is in this Form Ceo est le 8 Claus 6. E. 2. M. 8. Dors Riley's Placit Parl. f. 538. A. D. 1312. The Treaty of Peace between the K. and Barons Tretiz de la Pees c. This is the Treaty of Peace upon certain Displeasures the King hath conceived against the Earls of Lancaster Hereford and Warwick and other Barons and Great Men of his Realm made and accorded before the Honorable Father Monsieur Ernald by the Grace of GOD by the Title of St. Prisca Priest-Cardinal Monsieur Arnold Bishop of Poicters sent into England by our Holy Father the Pope Monsieur * King Philips Son and Brother to Queen Isabel Lewis of France Earl of Eureux the Earls of Glocester and Richmond By the Earl of Hereford Monsieur Robert de Clifford and Monsieur John Botetorte sent to London with sufficient power to Do Treat and Agree on the Part
August in the A. D. 1319. 12th of King Edward After this Indenture in the same Record we have an Account what was done in the succeeding Parlement concerning the Contents of it And now at the 2 Ibm. beginning of this Parlement 3 Rot. Claus 12 Edw. II. M. 28. in scedula The Request of the Prelates Earls and Barons made to the King in Parlement summoned on the 25th of August to meet at York three weeks after Michaelmas this Indenture was read in the presence of all assembled in the Parlement and all things in it diligently considered the Prelates Earls and Barons agreed to Pray and Request the King for the Honour of himself and the Profit of him and the Realm That for the great Business that concern him and do happen from day to day he would please to assent That Two Bishops One Earl One Baron and One Baron or Baneret of the Family of the Earl of Lancaster in his Name and for him should be present and remain with him by Quarters of the year to Deliberate The Parlement is for Proceeding according to the Indenture with and Advise him in due manner and that they might Deliberate and Advise about all considerable Matters out of Parlement until a Parlement should otherwise Determine concerning them and so as nothing of these things should be Debated without the Counsel and Assent of the Prelates Earls and others which remained with the King according to the Form of the said Indenture and if any thing was done otherwise it should be void according to the same Indenture The King understanding this Request and desiring to be Advised by all ways which may or ought to make for the Honour The King alloweth it and Profit of him and his Realm and considering that when he received the Government he found Scotland in War against him and since that there hath been War in Ireland and many other Disturbances have happened in his Dominions for which he thought it necessary to have with him the greatest and most sufficient Advice he did agree and willed to have Prelates Earls and Barons to advise him in the Form aforesaid and so as his Ministers should always perform their Offices according to the Law and Usage of the Kingdom And whereas it was contained in the Indenture That the Prelates Earls and Barons there named had undertaken by the Assent of the King That he should make to the Earl of Lancaster his People or Party and Followers Releases and Acquittances of all manner of Felonies and Trespasses against his Peace until the day of St. James this year and that the Charters of Release and Acquittances should be absolute without Condition and if better Security could be found for them in the next Parlement they should have it and also confirmed by the King and his Baronage The King by Assent of the Prelates Earls Barons and Comonalty He Pardons the Earl of Lancaster c. of his Realm in his said Parlement granted Pardon to the Earl of Lancaster and his Followers of the Suit of his Peace and whatever belonged to him by reason thereof of all manner of Felonies and Trespasses committed against the Peace unto the 7th day of August last past and Pardon of Outlawry to those that should demand it if any had been pronounced against them before the making of their Charters And Commanded the Bishop of Ely then his Chancellor That he should make Charters under his great Seal absolute and without Condition for for the Earl of Lancaster and such as he should by his Letters Name to the Chancellor Also whereas in the same Indenture it was contained That the And granted the Ordinances should be kept Ordinances should be Holden and Kept as they had passed the Great Seal the King Willed and Granted that they should be so kept and that all these things should be written upon the Parlement Roll and sent to the Chancery to be inrolled there and from thence to both Benches to be inrolled there By the 4 Claus 15 Edw. II. M. 14. Dors in cedula Hugh Despenser the Son the King's Chamberlain Award against the Despensers it appears that Hugh the Son was named and agreed to be the King's Chamberlain in this Parlement De la Moor says in the same year i. e. 12th of Edw. II. he was made Chamberlain by the Consent of the Prelates and others because they knew the King hated him yet he by Prudence and Obsequiousness soon changed his mind and obtained his Affection when they prosecuted him with the greatest Hatred 5 F. 594. lin 5. Anno igitur sequenti Praelatorum consensu aliorum quorundam Hugo Despenser filius constitutus est Regis Camerarius quem eo libentius in hunc locum promoverunt quia eum Regi Exosum The Character of the Spenser's Father and Son Cognoverunt At vero is prudentia obsequio haud multo post dirempto Regis animo eum in sui amorem facile Commutavit unde illi odio eum vel maximo prosecuti sunt Then 6 Ibm. and n. 10. speaking of his Father he Reports him to be a Person of great Integrity Wise in Counsel Stout in Arms whose Confusion and Ignominious End was caused by his Inordinate Love towards his Son a Person of a Brave Presence Proud Spirit and Wicked Life causing by his Ambition and Covetousness Widows and Orphans to be Disinherited and Noblemen to be put to Death by which he hastened his own and his Father's Destruction These are the short Characters given of both the Dispensers by this Historian and a brief Account how the Son came to be Chamberlain In the year following I have not read or seen any thing worth noting In the 14th of this King William de Braiosa a Baron in the Walsingh Hist f. 113. n. 20. The reason of the Discontent of some Barons Marches of Wales and a Spend-thrift who propounded to sell part of his Estate called Gowerland that descended to him by Inheritance to several Lords The Earl of 7 Ibm. Hereford because it was nigh his Lands agreed with him for it The Two Roger 8 Ib. n. 30. Mortimers because it lay near their Lands thought it convenient for them and knowing nothing of his former Bargain agreed with him also for the Land The Lord John 9 Ibm. Mowbray who had Married his only Daughter and Heir thought himself sure of it by Inheritance 1 Ib. n. 40. This Land held of the King in Capite and could not be sold without the King's License and lying on every side next the Lands of Hugh Despenser the Son then his Chamberlain he obtained Leave of the King to Purchase it and then bought it of the Owner 2 Ib. n. 40 50. A Confederacy between the Earl of Lancaster and a great number of Barons against the Despensers See the Revocation and Adnullation of the Process and Award against the Two Spencers
who reported That after the King had begun the War with France by Assent of the Prelates Great Men and Commons par Assent des Prelatz Grantz Comunes to conquer his Rights and Inheritance there he many times passed the Sea with his Host and in his last Passage had harassed the greatest part of the Dutchy of Bretagne and by God's Assistance had taken Towns Castles and Forts At last he came to the City of Vannes which by Advice of the Great Men with him he besieged where he was desired by the Pope for the Reverence of God and Holy Church he might send Two Cardinals with Terms of Peace or a Truce until a Peace might be treated of and concluded The King perceiving the Truce to be Honourable and Advantageous for him and his Friends or Allies assented to it that during the continuance thereof a Treaty of Peace might be had before the Pope as a Mediator and Friend but not as a Judge or one to whom the matter was compromitted come meen amy noun pas come juge ne recompromissair which Peace if Good and Honourable the King would accept if not he would pursue his Quarrel And he said further That because the War was begun by the Common Assent of the Prelates Great Men and Commons the King would not treat of or make Peace without their Common Assent Wherefore the Prelates and Great Men were charged furent chargez to Assemble on Thursday the First of May Joedy le primer jour de May to treat advise and agree among themselves whether the King ought to send Envoys to the Court of Rome to propound his Rights before the Pope or not And in the same manner the Knights of Counties and Commons were charged furent chargez les Chivalers des Countees Comunes to assemble in the Painted Chamber to treat c. and to report their Answer and Agreement in Parlement the same Day de reporter lour respons lour assent en dit Parlement le dit Joedy On which Day the Prelates and Great Men answered Their Advice was That the Truce was Honourable and Advantageous to the King and all his Friends and that every Christian ought to wish the War which was so great and hurtful to all Christians might end in Peace Wherefore they agreed to the Truce and that the King should send Messengers to Rome to lay before the Pope as Mediator and Friend but not as Judge his Rights and Demands in order to a Treaty of Peace according to the Form of the Truce And then the Knights of Counties came and the Commons puis vindrent les Chivalers des Countees les Comunes and answered by Monsieur William Trussel in the White Chamber who in the Presence of the King Prelates and Great Men qi en presence de nostre Seignieur le Roy des Prelatz Grantz proposed for the Knights and Commons purposa pur les Chivalers les Comunes that they were fully agreed the Truce should be kept to the end a good and honourable Peace might be made And further the said Commons les ditz Comunes prayed the King to send solemn Envoys or Messengers to treat of Peace as abovesaid and in case he could have an Honourable and advantageous Peace for himself and Friends he would accept it but if not the said Commons les ditz Comunes granted to aid and assist him and to maintain his Quarrel with all their Power granteront de luy aidez a meyntenir sa querele ove tote lour poair Several Commissions 5 Rot. Fran. 17 Ed. III. M. 12. 20 Maii ib. 19 Aug. n. 6. ib. 18 Ed. III. M. 3. 4 Aug. ib. M. 2 Octob. 20. were made to Commissioners to treat Commissioners sent to the Pope before the Pope as a private Person and not as a Judge with the Commissioners of his Cousin Philip of Valois upon all Dominions Dignities Honours Lands Possessions Places and Rights concerning which there was any Controversie or Dissention between them and also concerning the Right he had or might have to the Crown and Kingdom of France and generally about all Dissentions Wars Quarrels Commotions Questions Damages Injuries done given or made on either side c. In the Cotton Library 6 Clâ—opatra Edw. III. f. 28. in the bottom The Pope offers Equivalents to the English Commissioners They refuse to treat of any thing but the Crown and Kingdom of France there is a Treaty as it was managed at Avignion before the Pope day by day from the 22d of October to the 29th of November by William Bateman Bishop of Norwich John Offord Dean of Lincoln the Arch-Deacon of Norwich Sir Hugh Nevill Knight and Nicholas de Flisco The Pope offered many Equivalents to the English for the Dukedom of Guien c. to treat about what had been attempted against the Truce and by whose means it had been broken But they would not enter upon the Treaty of any other Matter until they were satisfied in their Demand of the Kingdom and Crown of France for King Edward By the last Commission there 7 Rot. Fran. Ed III. M. 2. 18 Octob. 20. were Two other Commissioners added to the former John de Thoresby and Sir Ralph Spigurnel Knight who appeared in the Pope's Court on the Feast of St. Catherine or 25th of November before himself and delivered the King's Letters to him and he appointed the next day at the time of Vespers to hear them When Mr. John Thoresby acquainted him that Sir Ralph and he had Commissions and were sent by the King for two things for reformation of what had been attempted against the Truce and also that they might assist the other Commissioners in the Treaty The Pope appointed them to come before him the 28th Day but not being then at leisure he appointed the next Day when they understanding from the Commissioners of the King's Adversary That he should have nothing in the Kingdom of France but in subjection to him they resolved to treat no more before they knew the King's Mind Whereupon the Pope told them he would send Sir Hugh Nevill to him with his Letters and likewise Sir Simon de Buyssy to the King of France And so stood the Treaty at that time on the 29th of November 1344. and 18th of Edward III. During the Treaty the French King put to death at Paris Oliver de Clisson and many other Barons and Lords of Bretagne and Normandy says Froissard 8 lib. 1. c. 99 for suspicion of Treason Du Chesne says 9 â— 660. A. B. they held secret Intelligence and private Correspondency and made a League with King Edward under their Seals contrary to the Ninth Article of the Truce which was That none in the Obedience of one King at the time of Truce should put himself under the Obedience of the other while it continued The Treaty hitherto having been without Success 1 Claus 18 Ed. III Part 1. M. 14 Dors A.
Governor of St. Omers 8 Froysard lib. 1. c. 150. made a Bargain with Sir Amery de Pavy an Italian or Lumbard 9 Du Chesne £ 669. C. D. and f. 670. A B. The betraying of Calais Governor of Calais for 20000 Crowns to betray the Town to him of which King Edward having notice came privately thither the night or very evening the delivery was agreed on with the Prince of Wales and several Earls and Barons and lodged himself in the Castle to secure it with the Men he brought with him The Money was brought and paid and Twelâ—e Knights and an Hundred Men at Arms were let into the Castle who were all Prevented by the King and Prince of Wales made Prisoners by the King's Guards within it who lay undiscovered Sir Geofrey was under the Town with a considerable Force placed near two Gates ready to enter it when they should be opened But the mean time the Prince of Wales went forth at one Gate and the King at the other concealed under the Banner of Sir Walter Manny and fought on Foot among the common Soldiers and was engaged with the Lord Eustace of Rybemont a valiant Person who struck the King twice to his Knees yet at last Many Frenchmen of Note made Prisoners was overcome by him and made his Prisoner with Sir Geofrey de Charny and many other Frenchmen of Note The Prince likewise prevailing against the Party he engaged with and there were slain and drowned about 600 French who were double the number to the English that sallied out of Calais upon them The very evening of this day 1 Froysard c. 152. The King Treats the Prisoners and his own Nobility with a Supper the King ordered a great Supper to be provided as well for the Prisoners as his own Nobility and coming in amongst them took a Chaplet of Pearls from his own Head and placed it upon the Head of Sir Eustace of Rybemont as one that had deserved best of all Men in the Morning Action and forgave him his Ransom Froysard says this Action was done upon the 31st of December 1348 the 22d of Edward the Third and Walsingham placeth it in the year 1349 which was in the same year of the King but the difference is inconsiderable for they both begin the year on the first of January And Walsingham following Robert de Avesbury reports it to have been on the 2d of January which was indeed according to this Account in the year of our Lord 1349. The King discharged 2 Rot. Fran. 22 Edw. III. M. 1. Sir Amery de Pavy of the Government of the Town and put in Sir John Beauchamp This year the Plague first began in Dorsetshire about the first A great Plague in England of August and spread it self all over the Nation and continued until Michaelmass twelvemonth after it was so great in both years as a 3 Rot. Clause 22 Edw. III. Part 2. M. 7. Dors Parlement being summoned it was twice prorogued 4 Ib. M. 3. Dors Rot. Clause 23 E. III. Part 1. M. 19. Dors for that reason and at last respited and deferred until new Summons This was a general and horrid Plague it began in the Kingdom of Cathay A. D. 1346 by a most horrible stinking Vapour which broke out of the Earth like a Subterraneal Fire and consumed a great part of the Country and infested the Air. 5 Mezeray f. 369. From Cathay it passed into Asia and Greece from thence into Africa and afterwards into Europe and so into France and England By reason of this Plague there is scarce any thing remarkable reported to have been done in the last year thereof 1349 in either Kingdom which was the 23d of Edward the Third Yet Mr. Ashmole 6 F. 185. c. 5. Sect. 3. The Institution of the Order of the Garter in his Institution Laws and Ceremonies of the most Noble Order of the Garter would fix the Institution of the Order this year and seems to assert That the first great Feast of St. George was this year celebrated which is scarce probable for the Writ by which the Parlement that was to meet fifteen days after Easter 7 Rot. Clause 23 Edw. III. Part 1. M. 19. Dors was prorogued until new Summons because of the Raging Pestilence in the Nation is dated March the 10th preceding Easter-Day this year falling on the 9th of April and the Quinden or fifteenth of Easter being the 23d or St. George's-Day it cannot be thought that this great Solemnity to which the King sent his Heralds into Germany France Scotland Burgundy Haynault Flanders and Brabant to invite all Knights and Esquires to come and shew their Military Skill and Valour in all kinds of Feats of Arms when the Parlement was put off from meeting on that day until new Summons by reason of the Mortal Pestilence then raging as 't is expressed in Writ However this famous Order might then be instituted the Modal of it contrived and the Statutes made to adorn Martial Virtue and to increase and confirm Faith Honour and Courage in the minds of the Nobility which were then the true Endowments Practice and Badges of Military Men by the observation and performance whereof they truly acquired a great Name and Reputation as the only Men of Trust and Fidelity and not to do Honourably Justly Stoutly and Faithfully was by them esteemed the greatest Blemish Villany shame and Dishonour imaginable Of this glorious Order I shall write nothing further but leave the Reader to the perusal of the Excellent Laborious and Learned Work of Mr. Ashmole The next year 8 Avesbury p. 120. 〈…〉 74. A. D. 1350. Sir Thomas Dagworth slain Sir Thomas Dagworth the King's Lieutenant in Bretagne with a small number as he was used to do in the month of July going from place to place to visit the Garrisons was surpised by an Ambush of French and after a brave Defence killed as were most with him or made Prisoners In August following about the Feast of St. Laurence or 10th of that month 9 Ib. c. 75. as Avesbury or according to 1 F. 370. Philip King of France diâ—â— his Son John Crowned Mezeray on the 22d thereof Philip King of France died and his Eldest Son John was Crowned at Rheimes on the 26th of September following Walsingham f. 170. n. 50. falsely as appears from the Parlement Rolls hereafter cited placeth the death of King Philip in A. D. 1355 and 29th of Edward the Third The Spaniards 2 Avesbury ut supra c. 76 77. The Spaniards take many English Their Fleet beaten by the English the year before came toward Burdeaux with a great Fleet of Ships and took many English Ships coming from thence laden with Wine and killed all the Men. And this year they came upon the English Coast The King suspecting it was to waste burn and rob the Country near the Shore fitted out a Fleet taking with
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
Adversary ove les Deputes son dit adversari in presence of a Cardinal which the Pope sent thither as a Mediator and after this Treaty had sent his Confessor to the Pope to let him know That considering the many People had been killed in this War and desiring to spend part of his time in another War to the greater Pleasure and Honour of God if his Adversary would make restitution of the Dutchy of Guyen to him as intirely as any of his Ancestors had enjoyed it to hold it freely without Homage or Service he would be willing after the end of the War to resign the Crown of France That the Pope had been farther K. Edw. upon Terms would have quitted his Title to the Crown of France addressed to privately to search out his Adversaries Inclinations toward another Treaty with Protestation That if he should not accept it all his Rights should be entirely saved to him as if no Offer had been made of which the King not having received any Account from the Pope he sent his Clerc Master William de Witlesey Arch-Deacon of Huntington to know what had been done in this Affair who brought back nothing to any purpose 1 Ibm. Wherefore it seemed convenient to the King the Great Men and his Council That he should prepare himself for War against his Adversary as well for the Defence of England as to recover his Rights for which he ought to have a great Sum of Money 2 Ibm. And the said Chamberlain shew them further That the Subsidy of Wooll Leather and Woollfels ended at Michaelmas last past That it was not the King's Intention to lay any Tax or other Charge upon his People but he requested the Prelates Great Men and his Commons to grant him the Subsidy of Wooll Leather The Subsidy of Wooll c. granted for 3 years and Woollfels for some time mes il prie as Prelates Grauntz ses Comunes qils lui veullent Granter le Subside des Leines Quirrs peaux lanus pur un temps Upon which Request and Deliberation had between the said Prelates Great Men and Commons they unanimously agreed and granted the King the Subsidy of Wooll c. to receive it as it had been taken formerly for three Years from Michaelmas last past if the War held so long sur queu priere ene deliberation entre les ditz Prelatz Grantz Comunes sassenteront unement granterent au Roi le Subsidi des leines quirrs peaux lanuz c. upon Condition that the Money arising from this Subsidy should be safely kept for the War and not to be employed to any other Use This Year after Christmas 3 Aves p. 122. b. c. 84. Charles of Blois set at liberty for a great Sum of Money Charles of Blois who took upon him the Title of Duke of Britan and had been Prisoner in England a long time by the Mediation of the Great Men of that Country upon certain Conditions and Promises of a great Sum of Money was released for the Payment whereof two Sons and a Daughter were sent into England as Hostages King Edward continued his Inclinations to Peace 4 Rot. Parl. 28 Ed. III. n. 58. K. Edw. continues his Inclinations for Peace St Mark was on Easter Tuesday Easter-day this year being Apr. 23. which were declared by Monsieur Bartholomew de Burghersh to the Great Men and Commons a les Grantz Comunes in the Parlement holden next Year on Monday after the Feast of St. Mark signifying to them that there was great hopes of Peace by Treaty between Commissioners on both Parts Yet the King would not conclude any thing without the Assent of the Great Men and his Commons sanz assent des Grantz de ses Comunes wherefore he demanded of them on behalf of the King Whether they would Assent and Agree to Peace if it might be had by Treaty To which the Commons answered with one accord That what Issue it should please the King and Great Men to take of the Treaty should be agreeable to them a quoi 5 Ibm. les Comunes dun assent dun accord responderent que quel Issue que pluist a Seigneur le Roy les Grantz de prendre du dit Tretee feust agreable a eux Then the Commons were asked again If they would Assent to a perpetual Peace if it might be had who all entirely answered Oil Oil Yes Yes Whereupon Master Michael Northburgh Keeper of the Privy Seal Commanded Sir John de Swyneley the Pope's Notary Tâ—at he should make thereof a Publick Instrument Not long after this Parlement 6 Aves p. 123. b. c 89. A Peace concluded The Peace to be confirmed by the Pope by a Second Treaty a Peace was concluded upon the Terms King Edward had sent to the Pope the Year before And it was agreed That for the Pope's Confirmation of this Peace there were Messengers to be sent by both King 's to the Roman Court and at the same time a Truce was 7 Ibm. made until the Feast of St. John Baptist which was to be in the Year following About Christmas 8 Ibm. The King's Envoys to the Pope for that purpose The French Envoys before the Pope deny the Articles of the Peace Henry Duke of Lancaster John Earl of Arundel William Bishop of Norwich and Michael Bishop of London went to the Roman Court in behalf of King Edward by whom the Articles of Peace were recited before the Pope in the Presence of the French Envoys who denied the Form of the Articles and said their had been no such Agreement and that they would not consent to them And the English Envoys returned not having done any thing for what they were sent except William Bateman Bishop of Norwich who died and was Honourable interred at Avignion After the Expiration of the Time of Truce King Edward on the 20th of September 9 Rot. Claus 29 Ed. III. M. 8. Dors A Parlement summoned issued his Writs for a Parlement to be holden on the morrow after the Feast of St. Martin being Thursday the 12th of October when 1 Rot. Parl 29 Ed. III. n. 1. The cause of Summons declared it was continued because the Lords were not come until Wednesday next following the 18th of October On which Wednesday Sir Walter de Manny declared the cause of Summons as knowing the whole matter of it which was as follows in part much according to the Relation of Avesbury 2 Ibm. n. 4 5 6 7 8 9. That the King had lately sent Commissioners to Calais to Treat about a Peace with the Commissioners of his Adversary of France in the Presence of the Cardinal of Bologne sent by the Pope That several Points had been agreed and that according to the Agreement he had sent the Duke of Lancaster and others his Ambassadors to the Court of Rome to perfect and finish the Peace before the Pope but without
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
not land Having kept the Sea about five weeks and the time limited for Relief or Surrender of the Town being past he returned to England in the beginning of October 2 Ib. c. 306. Poictou Xantogne and Rochelois lost This unhappy Voyage with the Disaster of the Earl of Pembroke lost all Poictou Xantogne and Rochelois On the very day 3 Pat. 46 Ed. III. Part. 2. M. 25. Richard Son to the Prince of Wales made Guardian and Lieutenant of England in his absence he put to Sea he made his Grandchild Richard Son to the Prince of Wales then scarce Seven years old Guardian and his Lieutenant of the Kingdom during his absence appointing him a Council fit for the Management of the Publick Affairs Two days after on the first of September 4 Clause 46 Ed. III. M. 11. Dors Summons of Parlement he issued Writs of Summons for a Parlement to meet 15 days after Michaelmass but before that time King Edward was come into England and by his 5 Ib. M. 10. Dors Which Prorogued by Writ Writs dated at Winchelsea on the 6th of October he prorogued this Parlement to the morrow of All-Souls or 3d of November Sir John Knivet 6 Rot. Parl. 46 Ed. III. 11. 1 2 3. Further Declaration of Summons declared in part the Causes of Summons the Parlement being adjourned until Friday after that Monsieur Hugh Bryan in the White Chamber acquainted 7 Ib. n. 7. The Revenues of Guien not sufficient to support the Government of it c. the Prelates Duke Earls Barons and Banerets les Prelates Dâ—â— Countes Barones and Banerets That the Prince who had the Principality of Guyen by the Grant of the King had often signified to him when there by Letters and Messengers That the Revenues and Profits arising from the Principality did not nor could suffice to maintain him and support the Government and Wars against their French Enemies and other necessary Charges without great assistance from the King and that the Prince having made these things appear to the King and Council when first he came into England had surrendred 8 Ib. n. 8. The Prince resigns it into the King's Hands into the King's Hands the Principality and all he could claim there by virtue of his Grant in the presence of the King's Council and some other Great Men. On the next day being 9 Ib. n. 9. Yet a further Declaration of Summons Saturday Sir Hugh Bryan before the Prince Prelates Dukes Earls Barons and Commons in the White Chamber more especially declared the Causes of Summons That the King by Advice of the Great Men des Grantz had ordered many Great Men plusours des Grantz with sufficient Power some into Gascoigne others to Calais to oppose the Malice of his Enemies and make War upon them by all the ways they could That afterwards for sudden News that came to the King he made ready with all his Power to put to Sea or go to Sea ove tout son poair daler sur la Meer against his Enemies to do what he could against them but by reason of the Wind being contrary and other Causes reasonable par contrariousete de vent autres causes reasonables he came back into England and caused to be summoned and prorogued this Parlement that the Great Men who were with him upon the Sea might be there that by the good Advice and Counsel of them and others and The French make themselves stronger by Sea and Land then ever they had done before also of the Commons anxi une la Coe he might do the best he could for the safety of the Nation and to resist and oppose the Malice of his Enemies who had made themselves much stronger by Land and Sea then ever they were before qui plus safforcent de guerer si bien par terre come par Meer que unques fesoient a devant And then 1 Ibm. beseecheth the Prelates Prince Dukes Earls Barons and Commons on behalf of the King supplia as ditz Prelates Prince Ducs Countes Barons as Coes de par le Roi that they would advise upon this Matter and give such Counsel donner tiel conseil and Ayd to the King as seemed to them best profitable for the Nation and to restrain the Malice of his Enemies Queux 2 Ib. n. 10. These Commons were the Knights of Shires Prelates Prince Ducs Counts Barons Coes eu sur les pointes de lour charge as dependantz dycelles plein deliberation c. which Prelates Prince Dukes Earls Barons and Commons having had full Deliberation upon the Points of their Charge and the Dependences thereon and also considering the great and outrageous Charges and Expence the King was to be at for the Defence of the Nation and Maintaining the War against his Enemies granted him the Subsidy of Wooll Leather and Wooll-fells A Subsidy upon Wooll c. for Two years to begin at Michaelmass last past of every Sack of Wooll which passed out of England 43 s. 4 d. of every Twelvescore Woollfells as much of every Last of Leather 4 l. of Denizens besides the old Custom and of Strangers or Forreigners four Marks of every Sack of Wooll as much of every Twelvescore Woollfells and Five Pounds six shillings eight pence of every Last of Leather And whereas 4 Ibm. A Fifteenth granted the Subsidy and Custom so granted could not be sufficient for the great Expence and Charge the King was to be at for the Causes abovesaid as it was openly shewed unto them the same Prelates Prince Dukes Earls Barons and Commons having regard thereto 5 Ib. n. 11. granted One Fifteenth for one year to be levied as the last was On the 23d of 6 Ib. n. 12. November the King Prelates Duke Earls Barons and Commons assembled in the White Chamber when the Chancellor declared to the King how kind the Lords and Commons had been to him in granting him the Subsidy and Fifteenth who much Thanked them for their great Ayd and and then the 7 Ib. n. 13. Petitions of the Commons were read and answered when the Knights of Shires had leave to depart 8 Ib. n. 14. and sue out Writs for their Wages or Expences pour lour depenses but the Citizens and Burgesses were commanded to stay 9 Ib. n. 15. The Grant of the Citizens and Burgesses who the same day assembled before the Prince Prelates and Great Men and for the safe coveying of their Ships and Goods granted 2 s. upon every Tun of Wine coming in or passing out of the Kingdom and 6 d. in the Pound of all Goods for a year The next Year the King 1 Rot. Fran. 47 Ed. III. M. 18. A. D. 1373. John Duke of Lancaster the King's Lieutenant in France and Aquitan made his Son John King of Castile and Leon and Duke of Lancaster his Lieutenant as well in the Kingdom of France as
in Aquitan tant en nostre Roialme de France come in Aquitaigne and other where giving him Power to take and receive in his Name and by his Authority to his Peace Grace Obedience and Subjection all the Cities Towns Burghs Castles Fortresses and Places in those Parts and their Inhabitants that would come and return into his Peace Grace c. and to remit and pardon all manner of evil Practices The great Power given unto him toutes maneres de Malefices Trespasses Excess Theft Homicide and all manner of Treasons To re-call all Banished and Exiled Persons and to re-establish and render to them all their Goods they had forfeited and to restore them entirely to their Countries with all their ancient Privileges they were used to enjoy To give to those that deserved well in his Wars Towns Castles Fortresses Lands and Rents c. in Heritage during their Lives or for Years according to their Deserts To raise Forces Taxes Subsidies and Aids for the Wars to collect and to levy them To shorten this full long and extraordinary Grant and Commission he had Power to do whatever he could do himself if present It was Dated at Westminster June 12. 1373. and 47th of his Reign of England c. The Duke of Lancaster having this Power 2 Claus 57 Ed. III. M. 25. Dors Prayers having been made for his good Success 3 Mezeray f. 393. Froys c. 310 311. arrived with an Army at Calais on the 20th of July which he divided into three Bodies or Battels marched through and pillaged Artois Picardy Champagne Fores Avergne and Limosin and so into Guyen and to Burdeaux where he came about Christmas with a shattered and His ill Conduct unserviceable Army having 4 Wals f. 187. lin 16. lost many Men and most of his Horses for want of Rest Victuals and Forage without any Battel or considerable Engagement Mezeray 5 F. 393. The King of France his Policy reports it to have been the constant Resolution of this King of France not to hazard any main Battel against the English but directed his Forces should be so lodged every Night as next Morning to follow them always galling and disturbing them falling upon their Parties and Detachments keeping so near them as to prevent their being supplied with Provision and Forage and by that means to defeat great Armies by in marching his Army little and little and make them unserviceable which was the present case The Duke of Lancaster though he marched Triumphantly in the beginning yet toward the latter end of his March being constantly followed and attended by the Dukes of Anjou and Burgundy and Constable of France his Army was baffled without Fighting and mightily weakened While the Duke of Lancaster marched thus through France Summons to Parlement from Calais to Burdeaux his Father Summoned a Parlement to meet on the morrow of St. Edmund the King or 21st of November which was that Year on Monday In the Writs of 6 Rot. Claus 42 Ed. III. M. 13. Dors A. D. 1373. Summons to the Sheriffs were these unusual Clauses being enjoyned to cause to be Chosen Two Dubbed Knights or the most Worthy Honest and Discreet Esquires of the County and the most expert in Feats of Arms and no others 7 Ibm. What Knights Esquires Citizens and Burâ—â—sses were to be chosen Quod de Comitatu tuo Eligi facias duos Milites Gladiis cinctos seu Armigeros de dicto Comitatu Digniores Probiores in actibus Armorum Magis Expertos Discretos non alterius Conditionis And of every City of that County Two Citizens and of every Burgh Two Burgesses de Discretioribus magis Sufficientibus qui in Navigio ac in Excercitio Merchandisarum noticiam habent meliorem of the most Discreet and Sufficient who had the greatest Skill in Shipping and Merchandizing The King Prince Prelates Earls Barons Great Men and Commons being assembled in the Painted Chamber le Roi Prince Prelatz Countes Barons Grantz Comunes en la Chambre de Peinte assemblez Sir John Knivet then Chancellor declared the cause of Summons 8 Rot. Parl. 47 Ed. III. n. 2. The cause of Summons declared The Peace broken by the French telling the Lords and Commons they knew well That after the Peace between the King and his Adversaries of France apparently broken by them the King had many times sent great Numbers of Men at Arms and others over Sea to recover his Rights and to restrain the Malice of his Enemies and lately had sent his Son the King of Castile and Leon and Duke of Lancaster with many great Men and others in great Number to oppose the Malice of his Adversaries * This must be in the beginning of their March and before the Armies of France attended their motion and hindred their glorious and easie Progress who by their Good and Noble Conduct queux par my lour bon noble Government and Feats of Arms have done great Damages and Destructions to his Enemies as they knew well to the great Honour Quiet and Tranquillity of the King the Clergy and all others of the Kingdom That the Sum granted last Parlement to the King in Aid of his Wars tho' great and heavy upon the People yet the King exponded a great Sum of his own more than that Further 9 Ibm. n. 3. That the Great Men and others who ventured their Lives and Fortunes for and to defend them from their Enemies ought to be well refreshed and comforted with Force and Aid many ways busoignent bien de estre refreschez confortez de Force de Eide par plusors vies and that as speedily as might be as it was well known to many of them who had been in the same Condition The Enemy of France makes himself strong c. That also the Enemy of France made himself as strong as he could not only by his own People and Allies but by Strangers of divers Countries and by all the ways he could both by Land and Sea Wherefore he said the King beseeched and charged them 1 Ibm. n. 4. par quoi nostre Seigneur le Roi vous supplie charge That considering the Perils and Damages might happen to the Kingdom and all the People for these Causes they would consult upon the matter and give the King such Advice as might be for the Safety of him the Kingdom and themselves And further said 2 Ibm. The King willeth That all Petitions and particular Business remain in suspence until his was dispatched That the Business requiring speedy dispatch the King would that all manner of Petitions and other particular Business might remain in suspence until this had a good Issue Le Roi voet que toutees manere de Petitions autres singulers Busoignes de moergent en suspens tanque cette soit mys a bon fin And then commanding the Commons commanda as Comunes
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
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
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
the King and his Kingdom After this 5 Ibm. col 2705. n. 10 20 30. Many sent to Prison Others removed from Court the King commanded many there named to be sent to the Castles of Nottingham Dover Bristol Rochester Glocester c. to be kept until next Parlement to answer their Demerits There were also then Removed from the Court John de Fordham Bishop of Durham the Lords Beaumont Zouch Burnel and Lovell Sir Thomas Camoys the Son of the Lord Clifford Sir Baldwin Bereford the Bishop of Chichester the King's Confessor the Lady Mohun the Lady Poynings and the Lady Molineux 6 Ibm. col 2706. n. 10. The Judges taken off the Benches and sent to the Tower And on the first Day of the Parlement Sir Roger Fulthrop Sir Robert Belknap Sir John Cary Sir John Holt Sir William Burgh all Judges and John Loketon Serjeant at Law were taken off the Benches doing their Offices and sent to the Tower On the 17th of 7 Claus 11 Ric. II. M. 24. Dors A Parlement called The Cause of Summons Decemb. Writs were issued for a Parlement to meet on the 3d of February or on the morrow of the Purification of the Virgin Mary next coming On that Day Thomas Fitz-Alan Bishop of Ely and Chancellor of England Brother to the Earl of Arundel from whence his Name of de Arundel from that Title declared the cause of Summons to be 8 Rot. Parl. 11 Ric. II. n. 1. part 1. To consider by what means the Troubles in the Kingdom for want of good Government might be ended the King better Advised the Realm better Governed Misdemeanours more severely punished and good Men better encouraged how the Kingdom best defended the Sea best kept the Marches of Scotland best guarded Guyen preserved and how the Charges of these things was most easily to be born And then gave notice That who would complain in that Parlement of such things as could not well be redressed by the Common Law might carry their Petitions to the Clercs in Chancery there named appointed to receive them Thomas Duke of Glocester 9 Ibm. n. 6. The Duke of Glocester's suspicion of himself The King declares him not guilty kneeled before the King and said he understood the King had been informed that he was about to depose him and make himself King and profered to stand to the Award of his Peers in Parlement The King declared openly That he did not think him Guilty and had him fully excused The Lords Spiritual and Temporal then present * Ibm. n. 7. claimed as their Liberty and Franchise That all great Matters moved in that Parlement and to be moved in other Parlements in time to come touching Peers of the Land should be discussed and judged by the course of Parlement and not by the Law Civil or the Common Law of the Land used in lower Courts of the Kingdom Which Claim Liberty and Franchise the King benignement kindly allowed and granted in full Parlement The Five 1 Ibm. n. 8. The Protestation of the 5 Lords Appellants Lords Appellants Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwic and Thomas Earl of Nottingham and Earl-Marshal made open Protestation in full Parlement That what they did touching their Appeal and Suit in that Parlement and had done before and all the Men and People being in their Company or of their Retinue or Assembly and with them in all that Affair was done principally to the Honour of God and in Aid and Safety of the King and all his Kingdom and the Safety of their Lives The Lords and Commons 2 Ibm. n. 11. Half a 10th and half a 15th granted granted half a Tenth and half a Fifteenth before the Parlement ended with Protestation That it was done of Necessity and that it might be no Prejudice to the Lords and Commons in time to come because it was granted And further they pray the King That notwithstanding the Grant so made the Parlement might hold on its course and be Adjourned if need were and that all things touching the said Parlement might be done and executed as if the Grant had not been made until the end of the Parlement in manner accustomed And the King granted their Request as a thing he ought to do of Reason Friday the 21st of March which was the 46th Day of Parlement 3 Ibm. n. 12. in fine The Prelates Lords and Commons swear the Prelates Lords and Commons made the Oath following upon the Cross of Canterbury in full Parlement Tou shall 4 Append. n. 106. Their Oath Swear That you will keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom And if any will do to the contrary thereof you shall oppose and disturb him to the utmost of your Power And if any People will do any thing against the Bodies of the Persons of the Five Lords that is to say Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal or any of them you shall stand with them to the end of this present Parlement and maintain and support them with all your Power to live and die with them against all Men no Person or any other thing excepted saving always your Legiance to the King and the Prerogative of his Crown the Laws and good Customs of the Kingdom The Lords and Commons grant to the King in Defence of the The Subsidy of Leather Wooll c. Realm a Subsidy upon Leather Wooll and Woollfells 5 Rot. Parl. 117 Ric. II. n. 16. granted upon condition upon Condition the Five Lords Appellants should have out of it 20000 l. by Assent and Grant of the King for their Costs and Labour and Expences before that time for the Honour Profit and Safety of the King and whole Kingdom The Commons 6 Ib. n. 23. The Commons Request to the King pray That no Person of what Estate soever do intermeddle with the Business of the Kingdom nor the Council of the King but those assigned in his Parlement unless it be by Order of the Continual Council And prayed also That they might have Power to remove all Persons from the King which they thought fit to remove and put others in their Places As to the first Point of this Article 7 Ibm. Ro. His Answer le Roy le voet the King granteth it As to the second if any Lord of the Council or other Lord of the Kingdom will inform the King that he had about him any Person not Sufficient or Honest he willeth That if it be proved he shall be put away and removed and another Sufficient by Advice of himself put in his Place In this 8 Ib. part 2. Alexander A Bp. of York the Duke of Ireland and Earl of Suffolk accused Parlement Thomas Duke of Glocester Constable of England Henry Earl of Derby
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
Temporal as well the Lords Appellants as all others and by them agreed That considering the tender Age of the King before that time and the Innocency of his Royal Person that nothing contained in the Appeal nor in any Article thereof nor in the Judgments given should be accounted any Fault or Dishonesty in his Person in no manner for the Cause abovesaid nor should turn in Prejudice of his Person by any Contrivance or Interpretation whatever but that the false Treason and Default abovesaid should be charged upon the Appealed and that the Judgments given against them should have full Force and Virtue notwithstanding any thing could be said or alledged to the contrary Upon 2 Ibm. Several others impeached by the Commons Monday the 2d Day of March next following Sir Robert Belknap late Chief Justice of the Common Bench Sir Roger Fulthorp Sir John Holt Sir William Burgh late his Companions of the same Bench Sir John Cary late Chief Baron of the Exchequer and John Loketon late Serjeant to the King were accused and impeached by the Commons in Parlement for putting their Hands and Seals to the Questions and Answers aforesaid by the Procurement of the Appealed and Convicted Persons of Treason to cover and affirm their High Treasons c. pour coverer affermir lour hautes Tresons a Copy whereof was exhibited and read before them and they were answered as was surmised by the Commons in the said Copy and they answered They could not gainsay it but that the Qustions were such as were asked them but the Answers were not such as they put their Seals to Sir Robert 3 Ibm. Sir R. Belknap his Excuse Belknap pleaded That the Arch-Bishop of York in his Chamber at Windsor told him That he devised the Commission and Statute c. That the King hated him above all Men and that if he found not some way to make void the Statute and Commission he should be slain as a Traitor He answered That the Intention of the Lords and such as assisted at the making of them was That they should be for the Honour and good Government of the State of the King c. That he twice parted from the King dissatisfied and was in doubt of his Life and said the Answers were not made by his Good-will but contrary to his Mind by the Threats of the Arch-Bishop of York Duke of Ireland and Earl of Suffolk and that he was Sworn and Commanded in the Presence of the King upon pain of Death to conceal this matter as the Counsel of the King And prayed for the Love of God he might have Gracious and Merciful Judgment Sir John Holt 4 Ibm. Sir J. Holt made the same Excuse alledged the same matter of Excuse and made the same Prayer Sir William 5 Ibm. Sir W. Burgh and Sir J Cary the same Burgh and Sir John Cary pleaded the same matter of Excuse and made the same Prayer Sir Roger 6 Ibm Sir R. Fultâ—orp and J. Loketâ—n the same Fulthorp and John Loketon make the same Excuse and Prayer To which 7 Ibm. Notwithstanding their Excuses the Commons pray they may be Judged Convicted and Attainted as Traitors the Commons answered They were taken and holden for Sages in the Law and the King's Will was That they should have Answered the Questions as the Law was and not otherwise as they did with Design and under colour of Law to Murder and Destroy the Lords and Loyal Lieges who were Aiding and Assisting in making the Commission and Statute in the last Parlement for the good Government of the State of the King and Kingdom and therefore the Commons pray they may be Adjudged Convicted and Attainted as Traitors Upon 8 Ibm. which the Lords Temporal took time by good Deliberation to examin the Matter and Circumstances of it and for that they were at and knew of the making of the Statute and Commission which they knew were made for the Honour of God and Their Judgment for the good Government of the State of the King and whole Kingdom and that it was the King's Will they should not have otherwise Answered than according to Law and had Answered as before They were by the Lords Temporal by the Assent of the King adjudged to be Hanged and Drawn as Traitors and their Heirs Disherited their Lands Tenements Goods and Chattels to be forfeit to the King On 9 Ibm. J. Blake impeached Tuesday March 3. John Blake and Thomas Vsk were brought into Parlement and first John Blake was impeached by the Commons That being retained of Council for the King drew up the Questions to which the Justices made Answer and contrived with the Persons Appealed that the Lords and others the King 's Loyal Lieges that caused the Commission and Statute to be made in the last Parlement to have them indicted in London and Middlesex for Treason and that they might be arrested and falsly traiterously and wickedly murdered and that he was aiding and advising in the Treasons aforesaid to the Appealed Then Thomas 1 Ibm. T. Usk accused Vsk was accused for procuring himself to be made Vnder-Sheriff of Middlesex to the end to cause the said Lords and Loyal Lieges to be Arrested and Indicted as hath been said before and was Aiding and Counselling the Appealed in the Treasons aforesaid John 2 Ibm. Their Answers Blake answered he was retained of Counsel for the King by his Command and sworn to keep secret his Advice and whatever he did was by the King's Command whom he ought to obey And Thomas Vsk gave the same Answer Whereupon the Lords Temporal took Deliberation until the morrow being the 4th of March when the said John and Thomas were again brought into Parlement and good Advice and Deliberation having been taken by the Lords pronounced them Guilty of the things whereof they were accused 3 Ibm. And Judgments And whereas they alledged for their Excuse the King's Command it made their Crime the greater for that they knew well that the Appealed and Adjudged accroached to themselves Royal Power as said is before and it was their Command and not the King 's and then the Lords Awarded by Assent of the King they should both be Drawn and Hanged as Traitors and open Enemies to the King and Kingdom and their Heirs Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and they were Executed the same Day On 4 Ibm. Sir â— Bâ—â—â—nâ—p and 5 others Friday the 6th of March Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon were brought into the Parlement and the Lords were advised That they were at the making of the Commission and Statute in the last Parlement and Sir John Cary knew well they were made to the Honour of God and the good Government of the State of the King and the whole Kingdom and so on as before And then
they had Judgment again passed on them as before By the Mediation of the Bishops had their Lives spared and at that very Moment came the Arch-Bishop of Canterbury and all the Bishops of both Provinces and prayed the Lords Temporal the Execution as to their Lives might be respited that they might obtain their Lives of the King He ordered Execution should be stayed and granted them their Lives As to the other part of their Sentence that was to remain in force and their Bodies in Prison during the King's Pleasure until the King by Advice of the Lords should direct otherwise concerning them On the same 5 Ibm. The Bp. of Chichester and the King's Confessor impeached Friday Thomas Bishop of Chichester and the King's Confessor impeached and accused by the Commons That he was present at the Places and Times when the Questions were put to the Justices c. and the Answers made and excited them by Threats to answer as they did knowing the false Purposes and Treasons designed by the Traitors adjudged and aided and assisted them and would not make Discovery to any of the Lords that caused the Commission to be made last Parlement whereby Remedy might have been had for the Safety of the King and Kingdom 6 Ibm. To which the Bishop answered of his own free Will That he did not excite them to do or say any thing And further said They were not excited or charged to say any thing but what the Law was And touching the Concealment of the Treasons he had made such Assurance and Affiance as he could not discover And said further That the Traitors were about the King and had such Power over him before he had so great Interest in the King as to prevent such Mischiefs as might come upon him The Commons replied He had upon the Matter confessed himself Guilty and prayed he might be Attainted Upon this Answer of the Bishop the Replication of the Commons and all Circumstances of the Accusation the Lords took time to give such Judgment as might be for the Honour of God and Profit of the King and Kingdom 7 Ibm. Sir S. Burley and 3 others impeached During which time on the 12th of March Simon Burley Kt. John Beauchamp of Holt Kt. John Salisbury Kt. and James Barners Kt. were brought into Parlement and at the Request of the Commons impeached The Articles exhibited against them were Sixteen 8 Ibm. The Articles against them The first Article in the Appeal was the first Article in this Impeachment In the second Article they are accused as Traitors and Enemies of the Kingdom for that they knew of all the Treasons in the Appeal mentioned and that they were Aiding Assisting Counselling and Assenting to all the Traitors attainted and that Simon Burley and John Beauchamp were Principal Actors in all the Treasons In the eighth Article they were accused for Conspiring and Designing with the Five Appealed to destroy and put to Death those who were Assenting to the making of the Commission and Statute in the last Parlement The rest are of less moment but all relating to the Articles of the Appeal 9 Ibm. They all answer Not Guilty The Commons replied They were Guilty The Lords take time to examin and consider the Impeachment Upon this and the Bishop of Chichester's Impeachment the Lords Temporal until Friday the 20th of March on which Day the Parlement was Adjourned unto the Monday next after or on the morrow of the Quinden of Easter or 13th of April On which Monday the Lords Temporal took time to Deliberate upon these Matters until the 5th of May when Simon Burley was brought into the Parlement and the Lords by due and sufficient Examination and Information found him Guilty of what he was Impeached in the eighth Article which had been adjudged Treason and by Assent of the King Awarded he The Judgment against Sir S. Burley who was executed should be Drawn Hanged and his Head Chopped off The King Pardoned his Drawing and Hanging but his Head was Chopt off the same Day on Tower-Hill His Heirs were Disherited for ever and his Lands Tenements Goods and Chattels forfeit to the King as part of the Judgment On the 12th of 1 Ibm. The 3 others had the same Judgment and executed March John Beauchamp John Salisbury and James Barners were brought into Parlement and had the same Judgment Beauchamp and Barners had their Drawing and Hanging Pardoned and had their Heads struck off on Tower-Hill and were all Executed on the same 12th of March. On the same Day the 2 Ibm. Judgment against the Bp. of Chichester Bishop of Chichester was sent for into Parlement where the Lords Temporal found him Guilty of Treason as it was laid in the Impeachment and by Assent of the King they Awarded his Heirs should be Disherited his Lands Tenements Goods and Chattels forfeit to the King and the Temporalties of his Bishoprick seized into the King's hands As to his Person the Lords would advise what to do for the Honour of God and Holy Church and the Safety of the State of Prelacy and of the Laws of the Land And then in the same Parlement it was 3 Ibm. He was with 6 others banished into Ireland Ordained That this Bishop Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon should be sent into Ireland to several Towns and Places there to remain during their Lives 4 Ibm. Their allowance from the King by Order of Parlement And it was also then Ordered That Sir Robert Belknap and Sir Roger Fulthorp for their support during their Lives should have Forty Pounds a Year Sir John Holt and Sir William Burgh Forty Marks a Year Sir John Cary and John Loketon Twenty Pounds a Year of the King's Gift and each of them to have Two Servants to wait on them And that the Bishop of Chichester might have annually Forty Marks for his Sustenance during his Life if any of his Friends would give him so much Upon 5 Stat. at Large 11 Ric. II. c. 1. Four Petitions of the Commons Râ—â— Pâ—rl 11 R c. II part 1. n. 37. That the Commission and Statute should be confirmed Also what the Duke of Glocester Earls of Warâ—â—â— Arâ—â—dâ—â— Dâ—â—by and Nottingâ—â—m did Petition of the Commons the Ordinance and Commission made the last Year were confirmed and all that was done in that Parlement and also what the Duke of Glocester Earls of Warwick and Arundel did and all that the same Duke and Earls with the Earls of Derby and Marshal or any of them did or any other of their Company or of their Aid or of their Adherents or any of them by their Assemblings Ridings Marchings in Arms Appeals and Pursuits as things done to the Honour of God the Safety of the King Maintenance of his Crown and Safety of the whole Kingdom And also in pursuance of the same Petition had
under the protection of their Franchises and were detained by the Inhabitants of those Places might have power to enter such Places and seize and bring away their Villanes The Answer was the same with the foregoing According to the Request of the Commons the 7 Walsingh f. 347. n. 10 20. Mezeray f. 413. The Truce between England and Fr. continued for a year longer Duke of Lancaster went into France to Treat of a final Peace he was splendidly received at Amiens by the King and chief Nobility of that Kingdom who met him there The Issue of the Treaty was That the Truce should continue for One year longer for the Observation of which both Kings made Oath The King about this time wanted Money and sent to the City of London to borrow a Thousand Pounds who 8 Knighten Col. 2740. n. 10. c. Walsingham ut supra n. 50. c. The City of London deny to lend the King a Thousand Pounds And almost killed a Lumbard that lent it him denied to lend him it and abused and beat a Lumbard so grievously that offered to lend it as they near killed him for this and other things by advice of a great Council held at Nottingham their Liberties were seized and being convinced they had forfeited them Their Liberties seised The Major and Sheriffs imprisoned Their Liberties restored by the Mediation of the Duke of Glocester the Major and Sheriffs were sent to Prison and Sir Edward Dalyngrug was made Guardian of the City On the Assumption of the Virgin Mary or 15th of August the King with a great Train of the Nobility with his Queen went into the City where he was most Honourably and Nobly Received and Presented both himself and Queen and not long after by the Mediation of Friends especially the Duke of Glocester the Liberties of the City were Restored with Power of choosing a Major as before In the Parlement holden on the Quindene of St. Hillary in the The Earl of Arundel against the Duke of Lancaster Seventeenth of this King the Earl of Arundel declared several things the King had done for the Duke of 9 Rot. Parl. 17 Ric. II. n. 11. A. D. 1393 1394. He asks the Duke's Pardon in Parlement Lancaster that were against his Honour and Profit but they were such as the King answered them all himself and justified them and he was by the King and Lords ordered to ask his Pardon in full Parlement which was done The King Lords Knights of Honour and Justices in this Parlement 1 Ib. n. 16. The King Lords c. assent to a Peace to be made with France assented to a Peace so as the King did not make Homage Liege and saving also and always the Liberty of his Person and the Crown of England and of his Lieges of the same Kingdom and that he and his Heirs might Resort and have Regress to the Name Title and Right of the Crown and Kingdom of France if the Peace should be broken by his Adversary and his Heirs and also That such Moderations and Modifications should be made that no Consiscation that is seisure of the Dutchy of Guyen might happen Knighton says this was only a Truce for Four years and four months as well by Sea as Land Col. 2741. n. 20. The King charged the Commons to give their 2 Ib. n. 17. Advice in this Matter They Answer by a Schedule given in by the Hands of Mr. John Bussy their Speaker wherein the said Articles of Peace between the King and his Adversary of France were read and partly understood by them and they had considered Three Three Points too high for the Commons to give their Advice in Points that were too high for them upon which they dare not Treat or give Advice to wit Homage Liege Soveraignty and Resort yet referring all and giving their Consent for the good of Peace to what the Lords Knights of Honour and the Justices had consented to before so as Homage should be done for and have Relation to the Dutchy of Guyen only and in no wise to the Crown and Kingdom of England What the Articles of this Peace were it doth not appear upon the Parlement Roll. But the next year by Edward Earl of Rutland Thomas Earl Marshall and of Nottingham and Messire William Lescrop Commissioners for the King of England and the Dukes of Berry Burgundy Orleans and Burbon or any other Two or three of them Commissioners for the King of France * The Original in the Chapter House at Westminster there was a Truce general by Sea and Land agreed for 28 years which was to begin at Michaelmass 1398 when the Truce at Leulingham and the prolongations of it were to end During which Truce all taking of Prisoners Goods and Chattels Fortified Towns Fortresses and other Places all Pillagings Robberies Burnings Demolishing Houses and Walls destroying Fruit Trees and others and all other Feats of War tout autre faits de Guerre were to cease between the Kingdoms Lands and Seigneuries on both Parts and between the Kingdoms Lands Seigneuries and Subjects of their Friends Allies Aydants and Adherents whatsoever And that there should be freedom of Intercourse Commerce Trading and Merchandising between the People and Subjects of one Party and the other In this Truce there is not any mention of Homage Liege Soveraignty or Resort The Treaty Agreement and Articles thereof was Ratified by the King of France on the Eleventh of March 1395 and was afterwards Ratified by the King of England and the Ratifications Exchanged in the year 1396 when on the Feast of St. Simon and Jude or 28th of October both Kings at an Interview not far from Calais sware to the performance of them John Duke of 3 Ib. 20 21. The Dukes of Lancaster and Glocester pray Judgment against Sir Tho-Talbtt and others for Conspiring their Deaths Guyen and Lancaster Steward of England and Thomas Duke of Glocester Constable of England Petition the King and Lords for Judgment against Sir Thomas Talbot and others not named for Conspiring their Deaths and raising Force to do it in the County of Chester That they would Declare the Nature of the Offence and ordain Punishment for it The King was informed and advised the Matter contained in the Bill or Petition was open and High Treason and that it touched him and all the Realm and he and all the Lords Judged and Declared it to be so And because the Matter contained in the Bill of Complaint was notorious and open known to the King and Lords and all the States of Parlement and thro' the whole Kingdom and therefore it was ordered and awarded that Writs should issue returnable into the Kings-Bench to take his Body That Proclamation should be made for him to render himself to stand to the Law if not he was to be holden for Convict as attainted of Treason and all who received him were to incur the same Pain and
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
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
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
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
claim the Crown of France Fol. 198 E F The Alliances he made in order to it Fol. 199 He appoints Commissioners to Treat of his Right Fol. 200 B He Constitutes the Duke of Lorrain Vice-Roy of France Fol. 1b C He is made Vicar-general of the Empire Fol. 201 D His Title to the Crown of France Fol. 1b F He enters the French Dominions Fol. 202 C He acquaints his Parlement with it and demands an Ayd Fol. 203 A His Debt to his Allies Fol. 204 C An Ayd granted to clear it and the Commons Request to him Fol. 1b D E His great Victory over the French Fleet Fol. 205 C His Letter to his Parlement for more Money which was granted Fol. 206 A E He Besieged Tournay and Challenged Philip of Valois Fol. 207 A B He concludes a Truce Fol. 208 B C At his return into England he sent several of his Council to Prison Fol. 209 E He is reproved by the Arch-Bishop of Canterbury Fol. 210 D His Letter concerning the Arch-Bishop and his Crimes Fol. 212 E His Letter answered and called a Libel by the Arch-Bishop Fol. 215 B His Reply to the Arch-Bishop's Defence Fol. 218 B He presses for further Supplies Fol. 219 D His Answer to the Statutes and Conditions Fol. 220 A His Revocation of them confirmed in Parlement Fol. 222 C He refused the Emperor's Mediation for a Peace Fol. 223 E F He received the Homage of John Earl of Montfort for the Dukedom of Bretagne Fol. 224 E He Married his Daughter to the Duke's Son Fol. 225 E He enters Bretagne with an Army Fol. 226 A He agrees to a Truce with France for 3 years Fol. Ib. D He acquaints his Parlement with it and their Agreement to it Fol. 227 228 He appoints Commissioners to Treat of Peace without effect Fol. 229 A His Parlement prays an end of the War and grant an Ayd Fol. 231 E He again sent Defiance to Philip of Valois Fol. 232 C He Complains to the Pope against him and the Pope's Answer Fol. Ib. E F 233 C The Success of his Arms in Gascoigny Fol. 235 E He and his Son Prince Edward land in Normandy Fol. 236 A His great Successes there Fol. Ib. B c. His Victory over the French at Cressy and the Number slain Fol. 237 B c. His Answer to the Commons Petition in Parlement Fol. 240 A He beats the French Army and takes Calais Fol. 242 C D His Vsage of the Calesians Fol. Ib. E 243 A He agrees to a Truce Fol. 243 B The Number of his Army and their Pay Fol. Ib. C He refused the Offer of the Empire Fol. 255 F He prevents the betraying of Calais Fol. 246 D His Vsage of the French Prisoners Fol. Ib. E He Institutes the Order of the Garter Fol. 247 His Title to France set forth in Parlement Fol. 248 E He offered Terms of Peace to the French Fol. 252 His readiness to Remedy his Subject's Grievances Fol. 250 251 His Agreement to Peace refused by the French Fol. 253 A B 261 D His Expedition into France Fol. 254 F His Army wast and destroy the French Country Fol. 262 A He concludes a Peace with France Fol. Ib. C D The Articles of the Peace Fol. 263 c. He sent his Commissioners to take possession of what was granted him by the Peace Fol. 278 F Some French Lords refuse to become his Subjects but are forced to it Fol. 281 His Kindness to the French Hostages Fol. 283 A He assumed the Title of King of France by the Advice of his Parlement Fol. 287 E His Offer to such as would Maintain his Title Fol. 288 B His Letter of Indemnity sent into Aquitain Fol. Ib. D His Voyage into France unfortunate Fol. 293 A B He sent Assistance to his Son Prince Edward Fol. 289 C His Answer to the Commons Petition Fol. 292 A His Fleet beaten nigh Rochell Fol. Ib. D His Town in Aquitain Revolt Fol. 297 D He agreed to a Truce with the French King Fol. 298 A His Answer to the Commons and Londoners Petitions Fol. 302 303 305 306 His Death Fol. 308 B His Issue by Queen Phillippa Fol. 323 Prince Edward Eldest Son to Edward III. made Guardian of England Fol. 204 F His great Victory over the French at Cressy Fol. 237 C He prevents the betraying of Calais Fol. 246 C His Expedition into France and his Success Fol. 255 E His Victory over the French at Poicters Fol. 257 His Civilities to King John and his Son Philip Fol. 258 A He is made Prince of Aquitain Fol. 282 E He ayds the King of Castile and restores him Fol. 284 C His Illness and return to Aquitain Fol. Ib. D His Necessities for want of Money Fol. 285 A The Complaint of the French Nobility against him Fol. Ib. B His Answer to the French King's Summons Fol. Ib. D He taketh Limoges by Storm Fol. 290 A He returns ill into England Fol. Ib. B His Death Fol. 302 C Ellys William impeached for Extortion Fol. 302 B England's Superiority over Scotland Fol. 35 B How to be divided if Conquered by France Fol. 238 F English Women imitate the French in their Apparel Fol. 246 A F. FItz-Alan Richard Earl of Arundel Admiral of the English Fleet Fol. 367 D He takes above 100 of the Enemies Ships Fol. Ib. E Is one of the Appellant Lords Fol. 371 C Flint Castle when and by whom built Fol. 7 A French King's Charge against King Edward I. Fol. 38 D He seized on Gascony Fol. Ib. F He provides to invade England Fol. 39 D Fulthorpe Sir Roger impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A G. GArter See Order Gascony restored to King Edward I. Fol. 77 C Gaston Vicount Bearn refused his Homage to Edward I. Fol. 3 A Gaveston Piers his Familiarity with Prince Edward Fol. 91 F Is banished by the King Fol. 92 A His return into England and is made Earl of Cornwal and Lieutenant of the Kingdom Fol. 100 D E His Destent and Marriage with the King's Neece Fol. 101 B Is made Lieutenant of Ireland Fol. Ib. E The Nobility contrive to destroy him Fol. Ib. F He fled out of the Kingdom and is recalled Fol. 112 D He yields himself to the Lords Fol. 115 D He is Executed without Judgment Fol. 116 A Gloucester Thomas Duke with other Lords march with great Forces towards London Fol. 368 A Their Letter to the Mayor and Sheriffs Fol. Ib. B C Their Approach to the King with the manner of their Address and Reception Fol. 369 A B C They are excused by Proclamation yet march on towards London Fol. Ib. F The Keys of the City-Gates delivered to them Fol. 370 A They go to the King and obtain what they asked Fol. Ib. B C He offers to purge himself and is declared Guiltless Fol. 371 A His desire to have 1000 l. per Ann. settled on him by the King Fol. 392 F
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