excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
Person of the Kingdom Males and Females above the Age of Fourteen Years except very Beggers and desire to be excused they could give no greater Subsidy The Issue of Edward III. by Philippa of Haynalt HIS Eldest Son was Edward of Woodstock so called because born 1 Wals Hist f. 130. n. 40. Hypod. Neustr f. 510. n. 50. there June 15. 1329. or 1330. He was Prince of Wales and Married Joan Countess of Kent called for her great Beauty The Fair Maid of Kent She was Daughter to Edmond of Woodstock sixth Son of Edward I. but second by his Queen Margaret Sister to Edmond Son of Edmond of Woodstock and Sister and Heir to his Brother John who both died without Issue 2 Sandf Geneal Hist f. 184 215. She was first Married after the 25th Year of her Age and 26th of Edward III. to Sir Thomas Holland Knight of the Garter and in her Right made Earl of Kent by whom she had Issue two Sons Thomas Earl of Kent and John Duke of Excester He died Decemb. 26. in the 34th of Edward III. 1360. And her Second Husband was William Montague Earl of Salisbury from whom she was in a short time Divorced by Consent With this Lady the Prince fell in Love and was Married to her in the 31st Year of his Age and 35th of his Father's Reign 1361. By 3 Wals f. 180. n. 30. A. D. 1365. her he had first Edward of Engolesm so called because there born who died in the 7th Year of his Age. His second Son by her was Richard of 4 Ibm. f. 181. lin 5. A. D. 1366. Burdeaux so also called because born there succeeded his Father as Prince of Wales and his Grandfather in the Kingdom by the Name of Richard II. William of 5 Hypod. Neustr f. 512. n. 30. Hatfield Second Son of Edward III. born there 1336. in the 10th of his Father's Reign who died very young The Third Son of King Edward and Queen Philip 6 Ibm. f. 513. n. 30. was Livnell born at Antwerp Created Duke of Clarence and Married to Elizabeth de Burgh Daughter and Heir of 7 Sandf ut supra f. 219. 222. William de Burgh Earl of Vlster Lord of Clare Canaught and Trim by whom he had only one Daughter named 8 Ibm. Philippa She was by her Grandfather after the Death of her Father at the Age of 13 Years Married to Edmond Mortimer Earl of March and Lord of Wigmore in the 42d of Edward III. 1368. by whom she had Roger Mortimer their Eldest Son and Heir to both their Honours and Titles who left 9 Ibm. f. 225. Edmond Mortimer his Son and Heir Earl of March and Vlster Lord of Wigmore Clare Trim and Canaught and True Heir to the Crown of England after the Death of King Richard II. He died without 1 Rot. Parl. 39 Hen. VI. n. 18. Issue as also his Brother Roger and Sister Alianor leaving Anne their Sister sole Heiress to her Father Roger Mortimer and Brother to Edmond The Fourth Son of 2 Wals f. 148. n. 10. Edward III. and and his Queen Philip was John of Gaunt born there He was first Earl of Richmond and afterwards Duke of Lancaster He Married Blanch the Daughter and Coheir of Henry Duke of Lancaster with Maud her Sister by whom he had his only Son and Child Henry Earl of Derby Duke of Hereford and Lancaster called Henry IV. King of England After the Death of Maud without Issue he in Right of Blanch enjoyed all the vast Estate of her Father Henry Duke of Lancaster with his Titles and was then in the 36th of Edward III. advanced to the Title of Duke of Lancaster c. Dugd. Baron Tome II. Fol. 115. Col. 1. The Fifth Son of King Edward and Queen Philip was 3 Hypod. Neustr f. 514. n. 50. Edmond of Langley a Mannor near St. Albans in Hertfordshire where he was born by his Father made Earl of 4 Sandf ut supra f. 357. Cambridge and by King Richard II. 6 Ib. f. 358. was Created Duke of York He Married 7 Ib. f. 360. Isabel younger Daughter and Coheir of Peter King of Castile by whom he had Edward his Eldest Son who died 8 Ib. f. 365. without Issue He had also by her Richard Earl of Cambridge called of Coningsburgh a Town of that Name in Yorkshire 9 Brooks Catalogue of Hon. He Married Anne Mortimer above-mentioned by whom he had Richard Duke of York and Earl of Cambridge 1 Ibm. who Married Cecilie Nevil the youngest Daughter of Ralph Earl of Westmerland by whom he had Henry his Eldest Son who died young and Edward his second Son Duke of York and afterward King of England by the Name of Edward IV. William of 2 Sandf ut supra 178. Windsor a second of that Name William was their Sixth Son who died so young as there is nothing memorable left of him The Seventh and Youngest Son of Edward III. and Queen Philip was 3 Ibm. f. 227. Thomas of Woodstock there born Duke of Gloucester He Married Elianor the Eldest of the two Daughters and Heiress of Humphry de Bohun Earl of Hereford c. The Eldest Daughter of King Edward and Queen Philip was 4 Ibm. Isabel Lady Coucy and Dutchess of Bedford Married to Ingelram Lord of Coucy and Earl of Soyssons who by her Father was Created Earl or Duke of Bedford Their Second Daughter 5 Ib. f. 179. Joan had the Title of Queen of Spain she was by Proxy Married to Alphonso King of Castile and Leon and conveyed into that Country and not long after died of the Plague Their Third Daughter 6 Ibm. was Blanch de la Tour so named because born in the Tower of London she died an Infant Mary their Fourth Daughter 7 Ib. Hypod. Neustr f. 516. lin 9. Dutchess of Britan was Wife of John Montfort Duke of Britain in France Margaret their Fifth and 8 Sandf ut supra Youngest Daughter was Wife to John Hastings Earl of Pembroke A CONTINUATION of the Compleat History of England c. King RICHARD the Second KING Edward the Third 1 Rot. Clause 1 Ric. II. M. 45. A. D. 1377. died June 21st Anno Domini 1377 and this young King his Grandchild succeeded him in the Eleventh year of his Age when it King Richards Coronation was agreed he should be Crowned on the 16th of July following John King of Castile and Leon Duke of Lancaster came before King Richard and his Council and claimed as Earl 2 Ibm. Three Offices claimed by the Duke of Lancaster of Leicester the Office of Steward of England as Duke of Lancaster to carry the King 's principal Sword called Curtana on the day of his Coronation and as Earl of Lincoln to be the King's Carver the same day all these Offices he pretended to have in Right of his Wife Blanch then dead and
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
should claim any Right therein Dated at Fulham May 15. in the 30th Year of Ed. I. The Reasons of these Grants and Restorings might be what The Reasons why the Earl-Marshal gave the King his Lands and parted with his Office and Honour Mat. Westminster reports tho' he mistakes the Year in the 33d of this King he says he then had a time of Speaking and that he warily convented the Earl-Marshal upon a Conspiracy which the Arch-Bishop of Canterbury and many Earls and Barons had contrived against him while he was in Flanders who not being able to contradict what the King said begged his Pardon For obtaining of which he made the King Heir of all Things he had By which means he saved his Life and the King as a Reward added to his Life a Thousand Pounds Land by the Year Which might be the Mannors and Lands he had liberty to except 9 Mat. West f. 452. lin 2. He with the A. Bp. and others had conspired against the King Et aderat tempus loquendi Rex convenit cautè Comitem Mareschallium super quodam Dedecore Conspiratione quam Archiepiscopus Cantuariensis plures Comites Barones contra eum Machinaverant ipso tunc agente in Flandria qui nequaquam valens ista contradicere Gratiam Regis petiit Pro qua obtinenda constituit Regem haeredem suum universorum quae habuit sic mortem perdidit vitam invenit Rex Remunerans eum vitae Comitis mille libratas Terrae adaugendo concessit In like manner the King convented all the others one by one that were in this Conspiracy and fined or punished them in Sums of Money 1 Ibm. lin 8. Similiter Rex singulatim singulos conveniens qui huic facto consenserant pecuniaria poena mulctavit Yet within this very Year of his Reign the King 2 Rot. Cart. 30 Ed. I. n. 24. 28 29. Dugd. Baron vol. 1. f. 136. col 1. The King regrants his Lands Honor and Office to the Marshal regranted the Earldom and Marescalcie of England with all his Castles Mannors and Lands in England and Wales to him and his Issue lawfully to be begotten upon the Body of his Wife Alice and for want of such Issue to return to the King and his Heirs 3 Dugd. Bar. ib. He died without Issue in the 35th of this King and the Honour and Estate came into his hands Some great Business the King had at this time that he had fixed in his Mind and laid much to Heart for which he sent Peter de Dene Canon of London and Roger le Sanvage Knight to the Pope 4 Pat. 30. Ed. I M. 12. intus Pryn's Ed. I. f. 93 The King senâ—â— Messengeâ—s to Rome upon secret Service Dilectos Fideles nostros Petrum de Dene Canonicum Londinensem Rogerum le Sauvage Militem pro quibusdam negotiis nostris quae multum insident Cordi nostro Domini summi Pontificis praesentiam destinantes c. Joining with them 5 Iâ—m William de Geynsburgh his Lieger at the Court of Rome and 6 Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery 7 Ibm. Sanctae Mariae novae in Porticu Diacono Cardinali to assist them and effectually promote his Business with the Pope and for so doing he should always find him ready 1 Pat. 30. Ed. I. M. 12. intus to do those things which were grateful to him The same Letters were wrote and directed to Six Cardinals more Four Deacon and Two Priest Cardinals This Letter is Dated June 13. at Chartham The Four Deacon Cardinals were his Pensioners Luke de Flisco Deacon Cardinal of St. Mary in the Broad way Sanctae Mariae in via lata Cardinalis Diaconus Peter Piperne Deacon Cardinal of New St. Mary Sanctae Mariae novae not in Porticu Diaconus Cardinalis William Cardinals the King's Pensioners of Pergamus Deacon Cardinal of St. Nicholas in the Tullian Prison a Parish in Rome as they all were Sancti Nicholai in Carcere Tulliano Diaconus Cardinalis Francis Deacon Cardinal of St. Mary in Cosmedyn Sanctae Mariae in Cosmedyn Diaconus Cardinalis 4 Ibm. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas for their Diligence and Sincerity in Transacting his Business The King 's former Proctors having not done any thing concerning the Peace between the Two Kingdoms he sends others to the Pope viz. 3 Claus 30. Ed. I. M. 6. Dors New Procurators sent to the Pope for a final Conclusion of the Peace between the two Kingdoms William de Gainsburgh and H. de Hertpole Two Friers Minors and Two of his own Clerks John de St. Clare Cannon of London and Philip Martell Professor of the Civil Laws with William de Dene Knight or any Four or Three of them with full Power to give a final Dispatch to this Business according to the Form of his former Pronunciation or Decree 4 Pat. 30. Ed. I. M. 9. intus Without effect Giving them also in their Commission or Letters Procuratory full and free Power to Demand Hear and Receive a total Consummation of his Decree and the Peace to ensue thereupon Both these Records are Dated at Arundel Septemb. 9. A. D. 1302. in the 33th of this King Their Negociation proved also ineffectual As the Earl Marshal so Humphry de Bohun Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign and doing Homage had 5 Dugd. Bar. f. 183. col 1. Rot. fin 27. Ed. I. M. 23. The Constable grants all his Lands Honours and Office to the King Livery of his Father's Lands in the 27th This Year also granted all his Castles Towns Mannors Lands and Tenements Knights Fees Advousons of Religious Houses and Churches Hundreds Honors Liberties and all their Appurtenances in England and Wales to the 6 Roâ— Claus 30 Ed. I. M. 5. Dors King and his Heirs for ever without any Exception or Reservation of any thing to himself 7 Ibm. The King regrants them upon Marriage with his Daughter And all his Right Honour and Dominion he had as Earl in the Counties of Hereford and Essex and the Constableship of England The Grant is dated at London the 8th of October in the 30th of Edw. I. Which upon the Marriage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland Zeland and Lord of Friseland were 8 Dugd. ut supâ—a Claus 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Seagrave made Guardian of Scotland Regranted to him about two years after After the Feast of All-Saints when the Truce with the Scots was expired the King sent 9 Wals f. 86. n. 30. John de Seagrave with an Army into Scotland 1 Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the
vol. 1. f. 18. The Queen at Hereford a Month. Vigil of Simon and Jude or the 27th of October Then the Queen went into the Marches of Wales and staid at * Ib. f. 600. The Queen goes with her Army into the Marches of Wales to find out the King and takes him with H. Despenser the Younger and others Hereford a Month from whence she sent Henry Earl of Lancaster and Rhese ap Howel a Clerc and Welsh-man who knew those Parts well with part of her Army to find out the King and by Money corrupted the Welsh-men so as they discovered him to be in the Abby aforesaid where he was taken with Hugh Despenser the Younger Robert Baldock and Simon de Reding 2 Ibm. who were committed to the Custody of the Earl by the Advice of the Bishop of Hereford Before it was known where the King was it was supposed he had left 3 Append n. 70. It was supposed the King was out of England England and 4 quitted the Government whereupon on the 26th Day of October at Bristol the Arch-Bishop of Dublin the Bishops of Winchester Ely Lincoln Hereford Norwich and other Prelates and Thomas Earl of Norfolk Edmund Earl of Kent the King's Brothers Henry Earl of Lancaster and Leicester Thomas Wake Henry de Bello Monte or Beaumont William la Zouche de Ashby Robert de Monte alto or Montalt Robert de Morle Robert de Wattevile and other Barons and Knights in the Presence of the Queen and the Duke of Aquitan her Son by the Consent of the whole Community of England being then present unanimously chose the same Duke to be Guardian of the Kingdom so as the The Prince or Duke of â— Aquitan made Guardian of the Kingdom said Duke and Guardian should Govern the Kingdom in the Name and Right of the King his Father in his absence And he took the Government of the Kingdom upon him accordingly and passed all Matters under his Privy Seal not having any other Afterwards on the 20th of November when the Queen 's and Duke's Enemies were taken and the King was returned into his Kingdom the Queen Duke Prelates and Noblemen aforesaid with the Assent of the Community aforesaid then being at Hereford by reason that the Power of the Guardian ceased by the King 's coming into his Kingdom sent the Bishop of Hereford to The Great Seal sent to the Queen and her Son the King then at Monmouth to beseech him to Command That all things that might tend to the Peace of the Kingdom might be Sealed with the Great Seal then with him This was done in the presence of the Earl of Lancaster c. and the King was prevailed on to send the Seal to his Wife and Son to 5 Ibm. 6 Wals f. 125. n 30 40. The King carried to Kenelworth-Castle The Earl of Arundel and 2. others Heads struck off at Hereford Seal what they would with it Whilst the Earl of Lancaster was carrying the King through Wales 6 by Monmouth Lidbury and other Places to his Castle of Kenelworth in Warwickshire they sent Hugh Spenser the Son Robert Baldock and Simon Reding to the Queen at Hereford Before their coming the Earl of Arundel John Daniel and Thomas Micheldene had their Heads struck off by the Procurement and Hatred of Roger Mortimer who 7 Ibm. n 40 50. Mortimer the Queen 's most familiar Counsellor was at this time the Queen's most familiar Counsellor Consiliarius Reginae familiarissimus without whom the Queen did nothing 8 Ibm. n. 40 50. Those that brought Hugh Spenser for their Reward had Two thousand Pounds as she had promised And 9 Ibm. H. Despenser the Son drawn hanged and quartered soon after he was adjudged to Death without being put to answer sine Responsione and was Drawn and Hanged upon a Gallows 50 Foot high and then Quartered and his Head fixed upon London-Bridge 1 Ib f. 126. lin 3. Simon Reding drawn and hanged On the same Day Simon Reding was Drawn and Hanged for speaking hard things of the Queen Yet Knighton 2 Col. 2547. n. 10 20 c. Knighton's Relation of the Judgment of H. Despenser the Son reports Hugh Spenser the Younger was Arraigned before Sir William Trussel a Justiciary in the Form there mentioned which was by way of a Speech made against him as 't is here contracted Hugh le Despenser 3 Ibm. Sir W. Trussell's Speech against H. Despenser the Son in the Parlement at Westminster in the 15th of the King your Father and you Hugh were awarded Traytors and Enemies of the Realm and Banished as such never to return without the Assent of the King in full Parliament duely summoned Contrary to which Award your Father and you Hugh were found in the Court without Warrant And you Hugh as you returned into the Kingdom feloniously spoiled and robbed Two Domands Merchant-Ships so called of Goods to the Value of Forty thousand Pounds Hugh after this Felony you came to the King and caused him to go with Force against the Peers of the Realm and other his Liege People to destroy and disherit them contrary to the Great Charter And also taking upon you Royal Power you Hugh and your Assistants with Force and Arms robbed feloniously the good People of the Realm and by Andrew Harleye and other Traitors your Adherents Murdered the good Earl of Hereford Monsieur William Sullee and Monsieur Roger de Berfelde at Borough-Bridge and caused to be taken my most Honourable Lord Thomas the Good Earl of Lancaster and caused him to be Judged by a false Record against Law Reason and the Great Charter and also to be Murdered Martyred and put to a cruel Death Also in the same March in the French Journey to Borough-Bridge you caused many of my Lords the Earl of Lancaster Barons and Knights to be Drawn and Hanged by false Record against Law and Reason 4 Col. 2548. n. 10 20 30. and caused other Great Men to be put in Prison and Murdered to get their Estates as Roger Mortimer the Nephew and Vnkle Hugh Audeley Father and Son and the Earl of Hereford Hugh after this Destruction of the Nobility you Hugh your Father and Robert Baldock usurping Royal Power over the King led him and his People into Scotland against his Enemies where you Hugh by your Traiterous Conduct caused him to lose 20000 of his People to his great Dishonour and Damage of the Realm and to return without doing any thing Hugh 5 Ibm. n. 40 50 60. this Treason nor this Tyranny would satisfie you until by Royal Power gained over the King you destroyed the Franchises of Holy Church and the Prelates as the Bishops of Hereford Lincoln and Norwich taking their Goods out of their Churches And whereas you knew God had done great Things by my Lord the Earl of Lancaster you caused to be murdered you placed armed Guards and shut the Church-Doors that none should
others any grief or prejudice to be done to the other his Friends or Allies by the Church of Rome or others of Holy Church whatever they were nor to their Lands or Subjects by reason of the War or any other cause nor for the service the Allies and Assistants of both Kings had done or should do for either of them And if their most Holy Father the Pope or others would do so both Kings might oppose them to their Powers without doing ill during the Truce All Prisoners of War on both sides to be released during the Truce upon their Paroles to return again to Prison when it was ended 6. That there should be a Truce between the English and Scots for the same time and certain Persons appointed upon the Borders of each Kingdom to see it observed upon such Conditions as had been formerly Which if the Scots refused the King of France was not to assist them with Force or any other ways to relieve and encourage them And it was agreed That this Truce should be notified or proclaimed in England and Scotland 26 Days after the Date thereof 8 Ibm. p. 93. a. which was confirmed and sealed with the Seals of the Commissioners on both sides in the Church of Espetelyn on Monday the 25th of September in the Year of Grace 1340. In the time of this Truce several Commissions were issued for Several Commissions during this Truce to make a firm Peace without effect the ending all Controversies between the Two Kings by a full Peace or long Truce as they are to be found in the Alman or Close Roll in the Tower in the 15th of Edward III. But they had no other effect than to continue the Truce unto the Decollation of St. John Baptist or 29th of August from thence to the Exaltation of the Holy Cross or 14th of September and from that time to Midsummer the next Year While the King lay before Tournay the Scots 9 Knighton col 1580. The Scots plundered wasted the Borders that had not submitted to King Edward Baliol came into England and plundered and ravaged the Country as far as Durham but being included in the Truce as above all Hostility ceased during that Truce After the Siege of Tournay the King went to Gant and staid there some time and returning into England on the Feast 1 Claus 14 Ed III. Part 2. M. 12. Dors of St. Andrew about midnight he arrived at the Tower and next morning he sent for the Arch-Bishop of Canterbury to Lambeth but found him 2 Hist Sacr. vol. 1. f. 20. The A. Bp. of Canterbury and others of the King's Council imprison'd not there He also sent for the Bishop of Chichester his Chancellor the Bishop of Lichfield and Coventry Lord Treasurer and several others his Great Officers Clerks of Chancery and Justices and imprisoned them in the Tower except the Bishops whom says 3 p. 93. a. c. 35. Robert of Avesbury for fear of the Clementine Constitution That Bishops ought not to be imprisoned he permitted to have their Liberty On the 3d of December the Arch-Bishop went to Canterbury and secured himself in his Church to escape future Dangers Most of the Persons 4 Rot. Parl. 14 Ed III Paâ—t 1. n. 13 14 15. sent for or imprisoned by the King were of the King's Council in England and those who were appointed and directed in Parliament to take care of the Payment of the King's Debts to the Town of Brussels and other Towns in Brabant and Flanders and treat with the Merchants both Foreign and English about paying the Money amongst whom was the Arch-Bishop The Sheriffs 5 Ib. Part 2. â— 17 25â— were commanded to send from all Cities and Burghs in their several Counties Merchants to be before the King's Council at London or Westminster on Monday next after the Assumption of the Virgin Mary or 15th of August to treat with About selling the Wooll granted them about buying the Ninth of Wooll in all Counties where the Arch-Bishop of Canterbury some other Bishops Earls and Barons of the King's Council there named as being nearest at hand Treated with them and contracted 6 n. 20 c. ad 28. for great numbers of Sacks of Wooll the Money to be paid at Bruges within three Weeks after or upon the Feast of the Nativity of the Virgin Mary or 8th of September or upon the Feast of St. Michael The Merchants of Bard and Prussia bought much of this Wooll and engaged to pay the Money to the People of Louvain and Malins and several particular Persons there named Almans and others that had been retained by King Edward and also sent for divers Persons to account before them and ordered them to return the Money to the King beyond Sea On the 30th of July 7 n. 29. the Arch-Bishop of Canterbury the Lords Chancellor and Treasurer the Earl of Arundel Thomas Wake of Lydell and others of his Council in England wrote to the King to give him an account of his Subsidy and to let him know That the Grant of 20000 Sacks of Wooll to raise Money speedily was not made in the Parlement he Summoned before he went beyond Sea to meet on Wednesday next after the Feast of St. Thomas or 7th of July until the Vigil or Eve of St. James or 24th of the same Month And therefore he could not wonder nor his Allies or good People of Flanders That neither Wooll nor Money was then come to him for certainly as much as could be levied of his Subsidy should come to him daily as soon as the Pains or Knowledge of Man could cause it to be sent or paid The Arch-Bishop having secured himself at Canterbury 8 Hist Sacr vol. 1. f. 21. 25. The A. Bp of Canterbury's Advice and Reproof to the King the King sent Nicholas de Cantelpue with Letters of Credence That he would come to him to London where he might personally speak with him but he came not pretending some about the King had threatned to kill him Yet though he came not he wrote to the King and admonished him to take good Advice and make 9 Wals f. 150. â— 10 20 c. use of good and wise Counsellors and to remember that by evil Counsel his Father had contrary to the Laws of the Land and Magna Charta imprisoned some great Men and others adjudged them to death seized their Goods or put them to grievous Ransom And what hapned to him for this cause He also put him in mind That by the Circumspection and Discretion of the Prelates the Great and Wise Men of the Nation his own Affairs had prospered so as he possessed the Hearts of the People and had met more Assistance from the Clergy and Laity than any of his Progenitors But at present by the evil Counsel of some English and others who loved their own Profit more than his Honour or the Safety of the People he
Silver to be paid in Nine Years by equal Payments the first whereof to begin at the Purification of the Virgin next coming after the Date of the Treaty or within Fifteen days after and to be made at Berwic if in the hands of the English otherwise at Norham-Castle in Northumberland not far from thence 2. That there should be a Truce upon sufficient Security by Instruments and Oaths between King Edward and all his People of England Scotland and the Isle of Man and David de Bruys and all the other People of Scotland and their Adherents by Land and by Sea in all Places without Fraud or Deceit until the said Sum was fully paid and that Edward de Baliol and other his Allies and Adherents should be comprised within the Truce 3. That all People of one Part and the other during the Truce A Truce for 9 years between England and Scotland with the Articles might Negociate and have intercourse one with another by Land and by Sea except Castles and Fortified Towns and Places And that if during the Truce any Country Town Land Burgh Possession Castle or Person of what Estate or Condition soever he was at the Day of making this Agreement should be taken or received into the Faith or Peace of one Party from the other soit pris ou receu de une Foi ou Pees a lautre that full Restitution should be made without Delay Contradiction or Fraud the same Hour they were demanded 4. That for the Payment of the Money according to the Agreement David was to send Twenty Hostages into England who were Twenty of the Eldest Sons and Heirs of the Earls and Best Men of Scotland named in this Article to remain there until the Money was paid c. 5. That the said David and the other Great Men of the Kingdom of Scotland as well Bishops and Prelates as other Lords of the Land should be bound by Letters and Oaths in the best manner and form could be devised for the Payment of the Money and Observation of the Truce And that the Merchants and Comunes of Aberdeen Dundee Perth and Edinburgh should be bound accordingly for themselves and all other Merchants of that Kingdom for the Performance of the Payment and Truce 6. That if the said David or others that should be bound for the Payment of the Money should fail of Payment of any of the Terms then the Body of David was to be re-entred into the Castle of Norham within three Weeks after every Failure there to remain until the Sum was paid 7. That if there should be any Rebels in Scotland against David item in cas que auscuns Rebelx Descoce soient contre le dit David they should not be received maintained ir supported by any in the Faith of King Edward Or if any in the Faith of King Edward should rise or rebell against him or his Officers he should not be received maintained or supported by the said David or any in his Faith or Legiance 8. By the Advice and Assent of the Prelates Great Men and Sages of the Kingdom King Edward accepted the Treaty and promised and granted in Good Faith That if David the Prelates Great Men and others of Scotland of his Party would observe and perform as much as belonged to them the Things treated and agreed upon That he would also keep and perform and cause to be observed the same without Fraud or Deceit according to the Purport of the Treaty In Witness and Confirmation whereof King Edward made his Letters Patents Dated at Westminster on the 5th of October This Treaty and all others before proved ineffectual 2 Hect. Boeth f. 326 b. n. 50. A new Treaty because the Scots would not consent to the Terms and Conditions of the Release Yet the Endeavours and Mediation before mentioned were continued and on the Third of October this Year Commissioners on both sides met at Berwic for King Edward 3 Rot. Scot. 31 Ed III. M M. 2. Dors A. D. 1357. The Commissioners on both sides John Arch-Bishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Ralph Neville Henry le Scrope and Thomas Musgrave For Robert Steward Guardian of Scotland and the Prelates Lords and Commons of that Kingdom William Bishop of St. Andrews Thomas Bishop of Catness Patrick Bishop of Brechin Chancellor of Scotland Patrick Earl of March Robert de Irskin and William de Levington Knights When it was Agreed 1. That King David should be Released set Free and Ransomed for The Articles of a 10 years Truce K. David to be released an Hundred thousand Mercs Sterling Money to be paid yearly by Ten thousand Mercs the first Payment to begin at Midsummer then next following 2. That there should be a Truce kept and observed in England Scotland and the Isle of Man until the Money was paid And That Edward de Baliol and all King Edward's Allies should be included in this Truce 3. That for Payment of his Ransom Twenty Hostages should be delivered by King David there named in the Conditions of their Delivery 4. That King David the Prelates and Peers of Scotland should This and the former Truce to be observ'd be bound by Writing and Oath for Payment of the Money and Observation of the Truces 5. That if the Money was not paid as agreed they should be obliged to return the Body of King David who was to remain Prisoner while it was paid according to every Term of Payment These and some other Articles were the Conditions upon which he was released after more than Eleven Years Imprisonment King David was no sooner returned into Scotland after his Deliverance but he began to chastise 4 Hect. Boeth ut supra n. 60 70 80. K. David punished such as deserted him at the Battel of Durham such as deserted him and left the Field at the Battel of Durham And first he deprived Robert Stewart of the Right of Succession and declared Alexander Sutherland who was his own Sister's Son his Successor Robert Stewart being Son to the Daughter of the First Wife of Robert Brus and caused all the Nobility of Scotland to Swear Fealty to him But Alexander dying soon after he established Robert Stewart in the Succession according to his Right and caused the Nobility again to Swear Fealty to him He took away part of the Earl of the Marches Estate another Great Officer in the Army and punished others according to their Deserts It is not much to the Purpose of this History what the Troubles The Troubles and Confusions in France during King John's absence and Confusions were in France and the Miseries of that Nation during King John's Captivity or rather his Absence only from the French People they may be seen in the French Historians by such as desire to know them The bold Behaviour of the Provost of the Merchants and Parisians against the Dauphin the Insolence of the Rustics against the
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
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
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
Salisbury John Lancaster Knights with other People with them to go into France to put in Execution this Wicked Purpose and Treason which Safe-conducts were ready to be produced XXXIII Also the foresaid Nicholas Brembre false Knight of London by Assent and Advice of Alexander c. Robert de Vere c. Michael c. and Robert Tresilian false Justice encroaching to themselves Royal Power as before some of them went Personally into London and without the Assent and Knowledge of the King there openly in his Name made all the Crafts of that City to be Sworn to hold and perform divers Matters not Honest as is contained in the said Oath upon Record in Chancery and amongst other things That they should keep and uphold the King's Will and Purpose to their Power against all such as were or should be Rebels or against the King's Person or his Royalty and that they were ready to live and die with him in destruction of all such who did or should design Treason against the King in any manner and that they should be ready and come readily to their Mayor for the time being or that afterwards should be when and what hour they should be required to resist so long as they lived all such as did or should design any thing against the King in any of the Points aforesaid at which time the King by Evil Information of the said Misdoers and Traytors and by the false Answer of the Justices firmly held the said Lords and others who contrived the Statute Ordinance and Commission to be his Rebels Enemies and Traytors which Information was then unknown to the People of London and also That by obscure Words contained in the Oath the Intent of the Misdoers and Traytors was to engage the People of London to raise their Power to destroy the Loyal Lords XXXIâ— Also the said Nicholas Alexander Robert de Vere and Michael Traytors to the King and Kingdom encroaching to themselves Royal Power of their own Authority without Warrant from the King or his great Council caused to be proclaimed thro' the City of London That none of the King's Lieges should Ayd or Comfort Richard Earl of Arundell and Surry a Peer of the Land and one of the Lords of the King 's great Council during the Commission or to sell him Armor Victuals or other things necessary and to avoid all of his Party as Rebels upon forfeiture of whatever they could forfeit to the King shewing a Patent from the King for making such Proclamation in of the King 's Loyal Lieges XXXV Also the said Nicholas Brembre by Assent and Counsel of Alexander Robert de Vere and Michael made to be proclaimed in the City of London That no Person should be so hardy to speak one Word of ill of the said Misdoers and Traytors upon pain to forfeit whatever they could forfeit to the the King also encroaching to themselves Royal Power XXXVI Also the said Five Traytors to the King and Kingdom caused the King to send to his Council certain Persons to be Sheriffs thro' the Kingdom named to him by the Evil-Doers and Traytors to the intent they might make such Parlement Knights as they should name to the undoing of the good Loyal Lords and the good Commons and also the good Laws and Customs of the Kingdom XXXVII Also the Five Misdoers and Traytors during the time of Protection to hinder the Appeal falsely Counselled and caused the King to Command by his Letter divers Knights and Esquires his Sheriffs and other his Ministers of divers Counties to levy and assemble all the Power they could to come with the Duke of Ireland against the Lords Appellants to make sudden War upon and destroy them XXXVIII Also during the time of Protection of the said Robert de Vere c. Michael c. Alexander c. Nicholas c. caused the King by his Letters to notifie to the Duke of Ireland they were all appealed of Treason by Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and how he had given them day until the next Parlement and how he had taken into his special Protection both Parties with all their Goods and Chattels and it was further contained in the King's Letters That if the Duke of Ireland had sufficient Power he should not cease to march on with all his Force to come to him and soon after they caused the King to write to that Duke That he should take the Field with all the Force he could get together and that he would meet him with all his Power and that he would adventure his Royal Body with him and that he was in great danger and also the whole Nation if he was not relieved by him and this the Duke ought to discover to all the People with him and that the King would pay all his Wages and Costs and of all the People assembled with him By force of which Letters the Wicked and Traiterous Excitations as well of the Duke and his Adherents and all the other Misdoers and Traytors he raised a great number of Men at Arms and Archers as well in the Counties of Lancaster and Chester and in Wales as other Places of the Kingdom to destroy and put to death the Lords and all others who ordered and assented to the making of the Statute Ordinance and Commission to the Ruin of the King and his Kingdom XXXIX Also the said Robert de Vere Duke of Ireland false Traytor to the King and Kingdom assembled a great Power of Men at Arms and Archers in Lancashire Cheshire Wales and many other Places to the intent to have Traiterously destroyed with all his Power the said Lords Thomas Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Thomas Earl Marshal and other the King's Lieges to the Undoing and Ruin of the King and whole Kingdom and so Rod or Marched with a great Force of Men at Arms and Archers from the County of Chester to Radcot-Bridge accroaching to himself Royal Power Displaying the King's Banner in his Army against the State of the King and his Crown This Impeachment was Exhibited on Monday the first 1 Rot. Parl. 11 Ric. II. Part 3. This Roll is not numbred The Appealed summoned to appear day of the Parlement being the 3d of February when the Lords Appellants affirmed they were ready to prove every Article as it should be awarded in Parlement to the Honour of God the Honour and Profit of the King and the whole Realm whereupon the Appealed were called in Parlement before the King and Lords to appear and make Answer to the Appellants and the same Demand of their Appearance was made in Westminster-Hall and at the great Gate of the Palace of Westminster to come and Answer the Appellants and because they came not being so solemnly called the Duke of Glocester and the other Appellants prayed
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
Forfeiture he ought to do If the 4 Ib. n. 52. Suggestion of a Bill in Chancery was not true the Chancellor had Power given him to award Damages at his Discretion See Stat. at Large 17 Rich II. Cap. 6. In the Eighteenth of his Reign the * Knighton's Col. 2742. n. 10. Walsingh f. 351. lin 2. The King went into Ireland with an Army King about Michaelmass went with an Army into Ireland to subdue the Irish who were then in Rebellion and with him went the Duke of Glocester the Earls of March Nottingham and Rutland The Duke of York Guardian of the Kingdom in his absence * Rot. Clause 18 Ric. II. M. 23. Dors A Tenth and Fifteenth given called a Parlement to meet Fifteen days after St. Hillary to Consider of the Prosperous and Happy Government of Ireland and to that purpose sent the Duke of Glocester over into England to procure Money from the Parlement and the Lords and Commons * Rot. Parl. 18 Ric. II n. 6. A. D. 1395. The King settled Ireland granted to the King a Tenth and Fifteenth for the Conquest of that Country and in May next following having settled that Nation and left the Earl of March Deputy returned into England In the Twentieth of King Richard in the Parlement 5 Ib. 20 R II. n. 14 15 16. The Commons frame certain Articles against the King's Royalty and Liberty The Speaker charged to tell who brought in that â—â—â—l holden on the Feast of St. Vincent or 22d of January the Commons had framed certain Articles in a Bill as the King told the Lords he was informed against his Royalty and Liberty such as his Progenitors enjoyed which he was Resolved to uphold and maintain and Commanded the Lords Spiritual and Temporal to let the Commons know it and Commanded the Duke of Lancaster to Charge Mr. John Bussy the Speaker upon his Allegiance to tell who brought in the Bill That which moved and troubled the King therein was about the Expences of his House and the Bishops and Ladies that frequented the Court. The Commons made their Excuse and Submission to the King in manner following On Saturday the Morrow of the Feast of Candlemass 6 Ib n. 16. The Commons deliver the Bill to the Lords the Lords Spiritual and Temporal were with the Commons and shew them the Will and Command of the King and they delivered the Bill to the Lords and the Name of him that brought it to them to wit Thomas Haxey Which Bill was afterwards delivered Thomas Haxey brought the Bill into the House of Commons to the Clerk of the Crown by the Clerk of the Parlement by the King's Command and presently after the Commons came before the King in Parlement by his Command and there with all Humility and Obedience they could shew great Grief as appeared by their Countenances for that the King had taken such conceit against them Humbly praying the King to hear and accept The Commons Excuse and Submission their Excuse That it never was their Intent or Will to speak shew or do any thing which should be an Offence or Displeasure to his Majesty nor against his Royal Estate or Liberty and especially about this Matter touching his Person and the Government of his House or about the Lords and Ladies in his Court nor of any other Matter that touched himself knowing well that such things do not belong to them but solely to the King himself and his Ordering and that their Intention was for the great Affection they bare to the King as faithful Lieges That the Lords might pray the King to consider his Honourable Estate and do concerning it what he pleased And upon this the Commons submit themselves to the King's Will and Favour humbly praying his Royal Majesty to have them Graciously Excused being always ready to save his Royal Estate and Liberty and to perform in Body and Goods as Loyal Lieges are bound what shall be for the Honour and Safety of his Royal Majesty Whereupon 7 Ib. n. 17. The King fully Excuseth them the Chancellor by Command of the King told the Commons That upon his Royal Benignity and Gracious Seignoury he had them fully Excused On Wednesday after Candlemass Thomas Haxey Clerc was in Parlement Thomas Haxey Judged a Traytor Judged to 8 Ib. n. 23. Death as a Traytor and soon after Sentence the Arch-Bishop of Canterbury Thomas Arundel and all the other Prelates came before the King in Parlement with great Humility and made full Protestation That their intire and full Intention was and always should be That his Royal Estate and Royalty should be always saved and preserved without diminution 9 Ibm. The Arch-Bishops and Bishops make Protestation the King's Royalty ought to be preserved They beg the Life Body and Custody of Thomas Haxey which were granted them Et maintenant apres de Juggement rendu devers Thomas Haxey Clerc en Parlement a la mort come traitour viendrent avant le Roy en Parlement ovek grant humilite Lerceveque de Canterbris touz les autres Prelates firent plein protestation que lour entier plein intention â—est tout dis serraque le Royal Estate Regalie du Roy soit tout dis savez Gardez sanz Blemissement And then they pray the King to give them the Life of Thomas Haxey and the Custody of his Body not as of right belonging to them but of his special Grace Both which the King granted The King by assent 1 Ib. n. 40. and Stat. at Large 20 Rich. II. Cap. 6. Sir Robert Belknap c. called out of Ireland of the Lords Spiritual and Temporal and the Commons of his Special Grace granted to Robert Belknap John Holt and William Burgh Knights Banished into Ireland that they might return into England and practise Law there without impeachment notwithstanding the Statute made in the Eleventh year of the King's Reign saving always against them all the other Points contained in the Statute In the 21st of King Richard's Reign 2 Clause 21 Rich. II. Part 1. M. 27. Dors he summoned a Parlement A Parlement summoned to meet on the Monday after the Exaltation of Holy Cross or 14th of September It was made into a 3 Stat. at Large 21 R. II. Cap. 1 Holy Church the Lords and all Comonalties to enjoy their Liberties and Franchises Statute this Parlement That Holy Church the Lords Spiritual and Temporal and all Cities Burghs and other Commonalties of the Realm should have and enjoy all their Liberties and Franchises as they had reasonably had and enjoyed them in the time of his Noble Progenitors Kings of England For that several Judgments were heretofore undone 4 Rot. Parl. 21 Ric. II. n. 9. because the Clergie were not present the Commons prayed the King they might appoint a general Proctor who might have sufficient Authority to act for them The Two 5
Ib. n. 10. Sir Thomas Pâ—râ—y general Procurator for the Clergy Arch-Bishops and the Clergie of both Provinces constituted and appointed Sir Thomas Percy their Procurator as by their Instrument doth appear The Commission and Statute made upon it in 6 Stat. at Large 21 Rich. II. Cap. 2. This agrees with the Record The Commission and Statute made in the 11th year of the King Repealed the Eleventh year of this King are repealed and made void at the prayer of the Commons as being made Traiterously by constraint and compulsion against the King's Will his Royalty Crown and Dignity and it was Ordained and Established by the King with the Assent of the Lords and Commons That no such Commission or the like should be made and that he that should indeavour or procure any such to be made or the like in time to come c. being thereof duely Convict should suffer as a Traytor The Pardon 's granted to the Duke of 7 Râ—t Parl. 21 Rich. II. n. 12 13. The Pardons to the Dâ—ke of Glocester Earls of Arundel and Warwick made void Glocester and Earls of Arundel and Warwick in the Parlement of the Eleventh of this King are made void as done by force only against the King's Will as also the Pardon granted to the Earl of Arundel at Windsor in the 17th year of this King is revoked and annulled On the * Ib. n. 14. The Commons declare with the King's Leave their intent waâ— to accuse Persons during the 〈…〉 of this Parlement They hâ—â— the King's Leave 20th of September the Commons made Protestation to the King in full Parlement That tho they would shew and declare certain Matters and Articles they had then Advised of and Agreed amongst themselves nevertheless it was and is their Intent and Will by Leave of the King to accuse and impeach Person or Persons as often as they should think fit during the time of this Parlement ne nit meins il feust est lour intent volonte par conge de nostre Seigneur le Roy d'accuser empescher person ou persons a taunts de foitz come leur sembleroit affair durant le temps de cest present Parlement And they prayed the King he would please to accept their Protestation and that it might be entered of Record on the Parlement Roll which the King granted and commanded it to be done Then on the 8 â—â—â— 15. The Arch-Bishop of Canterbury accused of Treason same day before the King in full Parlement they accused and impeached Thomas Arundel Arch-Bishop of Canterbury of High Treason for that he being Chief Officer of the King to wit his Chancellor when he was Bishop of Ely was Traiterously aiding procuring and advising in making a Commission directed to Thomas Duke of Glocester Richard Earl of Arundelâ— and others in the Tenth year of the Reign of the King and made and procured himself as chief Officer of the Realm to be put into it to have Power with the other Commissioners to put it in Execution Which Commission was made in prejudice of the King and openly against his Royalty his Crown and Dignity and that the said Thomas put in Vse and Execution the said Commission Also for that 9 Ibm. the said Thomas Arch-Bishop in the Eleventh year of the King procured and advised the Duke of Glocester and the Earls of Warwick and Arundel to take upon them Royal Power and to Arrest the King's Lieges Simon Burley and James Barners and Judge them to Death contrary to the Will and Assent of the King and upon this the said Commons pray the King the said Thomas may be put in safeguard in an honest manner And the King 1 Ibm. said because the Accusation and Empeachment touched so high a Person and Peer of the Realm he would be advised Also the Twenty first day of 2 Ib. n. 16. The Commons pray Judgment against the Arch-Bishop of Canterbury September next following the Commons prayed the King That as they had Empeached and Accused the Arch-Bishop of Canterbury that he had assented or was in the Contrivance to cause the Commission to be made qil feust d'assent de fair fair la dit Commission on the Nineteenth of November in the Tenth year of the King and of the Execution of the same which was expressly against the King his State and Dignity That he would please to Ordain such Judgment against him as the Case required Hereupon the King caused to be Recorded in Parlement That the Arch-Bishop was before him in the presence of certain Lords and confessed que en la use de la dit Commission il soy misprist luy mist en la Grace du Roy. That he was mistaken or erred in the use of the Commission and put himself under the King's Grace Whereupon the 3 Ibm. He was adjudged Traytor and to be Banished King and all the Lords Temporal and Monsieur Thomas Percy having sufficient Power from the Prelates and Clergie as appeared upon Record in the said Parlement adjudged and declared the Article which the Arch-Bishop confessed to be Treason and touched the King himself and also judged and declared him a Traytor and thereupon it was awarded in Parlement That he should be Banished out of England his Temporalties seized and his Goods and Chattels forfeited to the King who was to appoint the time of his Exile And then the King 4 Ib. n. 17. assigned him time of Passage from the Eve of St. Michael until Six weeks next following from the Port of Dover into France and further That he should forfeit all his Lands Tenements and Possessions which he had in Fee Simple by Descent Purchase or otherwise at the day of the Treason committed or after or that any one held to his use to the King and his Heirs for ever The Commons interceeded with the King for his Favour toward such as were named in the 5 Ib. n. 26. The Commons interceed with the King for such as were named in the Commission and did not act Commission and made Commissioners but neither procured it consented to it or acted in the Execution of it Three whereof were alive the Duke of York the Bishop of Winchester and Richard Lescrop Knight and Four dead William late Arch-Bishop of Canterbury Alexander late Arch-Bishop of York Thomas late Bishop of Excester and Nicholas late Abbat of Waltham whose Loyalty and Innocency was acknowledged in Parlement The Declaration whereof was made a Statute by the King with the Advice and Assent of the Lords at the Prayer of the Commons They further 6 Ib. n. 27. humbly beseech the King That he would please to consider how at the time when Thomas Duke of Glocester Richard Earl of Arundel and Thomas Earl of Warwic did rise soy leverent and march against their Allegiance and the King The Commons move the King in behalf of the Earls of Derby and Nottingham the said
Establishmment and Affirmance of these things the Prelates and Ordinaries of the Provinces of Canterbury and York with one Assent did pronounce the Sentence of the greater Excommunication against all and every of the Subjects of both Provinces that openly or privately by Deed Counsel or Advice should contravene or do against any of the foresaid Premisses the King's Royalty and Prerogative in all things saved According to the Adjournment 7 Ibm n. 44. 21 Ric. II. A. D. 1398. The Parlement met at Shrewsbury the Parlement met at Shrewsbury on Monday after the Quinden of St. Hillary when the Chancellor told them That at first this Parlement was Summoned for the Honour of God and that Holy Church might enjoy all its Liberties and Franchises and that all the Lords Knights Citizens and Burgesses should have and enjoy all their Liberties and Franchises as they reasonably enjoyed and used them in former times 8 Ibm. Also that there should not be more Governours in the Kingdom than One and that the Laws might be duly obeyed and executed as it was more fully contained in the Beginning and Pronunciation of the Cause of this Parlement Also the 9 Ibm. The King desired to know how the Charge for the Defence of the War should be born Chancellor shewed to the Commons the King would be informed by them how the Charge should be born for the Defence of England Ireland Guyen the March of Calais and also the March of Scotland in case they kept not the Truce made for four years which was to end at Michaelmas next coming The Lords Appellants in this Parlement 1 Ibm. n. 47. Stat. ac Large 21 Ric. II. c. 12. The Lords Appellants in this Parlement Moved the Parlement in the 11th of this King might be revoked Edward Duke of Albemarle Thomas Duke of Surrey John Duke of Excester John Marquess of Dorset John Earl of Salisbury Thomas Earl of Glocester and William Earl of Wiltshire Prayed the King and shewed that certain Lords Convict and Attainted the Duke of Glocester the Earls of Arundel and Warwic by Coertion and Compulsion made him Summon a Parlement at Westminster on the morrow after Candlemas in the 11th Year of his Reign and then reciting what had been done that Year and particularly the Questions and Answers put to and made by Sir Robert Tresilian the other Judges and King's Serjeant at Nottingham that the whole Parlement might be revoked the Commons joined with them in the same Prayer to which the Lords Spiritual and Temporal Assented After the Reading the 2 Ibm. The Answers made to the Questions propounded at Nottingham judged good and lawful The Judges Justices and Serjeants of that Opinion Questions and Answers as well before the King and Lords as Commons all the Estates of Parlement were asked What they thought of the Answers And they said They thought the Justices made and gave their Answers duly and lawfully as good and lawful Liege People of the King ought to do And Sir Thomas Skelton Learned in the Law William Hankeford and William Brenchly the King's Serjeants said The Answers were good and lawful and that if the same Questions had been put to them they would have given the same William Thirning Chief Justice of the Common Bench said The Declaration of Treason not declared belonged to the Parlement but if he were a Lord or Peer of Parlement if he had been asked he would have said in the same manner In like manner said William Ri 〈…〉 ice of the Common Pleas and Sir Walter Clopton Chief 〈…〉 of the King's Bench said the same thing Wherefore the 〈…〉 were judged and affirmed to be good and sufficient in thâ—◠〈…〉 ment 〈…〉 upon by Assent of the Lords Spiritual and Temporal the 〈…〉 of the Clergy and Commons and by Advice of the Justi 〈…〉 and Serjeants aforesaid there being it was 3 Ibm. The Parlement as above annulled Awarded and Judged Ordained and Stablished That the Parlement holden in the said 11th Year shall be clearly annulled and holden for none as a thing made without Authority and against the Will and Liberty of the King and the Right of his Crown and that all the Judgments Statutes and Ordinances made in the same with all things depending upon them shall be revoked and annulled reversed and repealed and holden for none and that all Lands Tenements Fees Advousons and all other Possessions seized as forfeit by colour of the said Judgments shall be restored and delivered to them which were judged or put out or to their Heirs and to them that have in other manner Cause of Action or Title of Right with all manner of Liberties or Franchises as they had at any time with Restitution of Goods and Chattels On Wednesday the third Day of this Meeting 4 Ibm. n. 51. The Commons desire that the greatest Security that can be may be given for not undoing what was done in this Parlement John Bussy the Speaker alledged That before that time many Ordinances and Statutes made in divers Parlements had been reversed by diversity of Opinions and other Reasons and Subtilties and on behalf of the Commons prayed the King That the greatest Security that could be given might be taken for the not undoing the Ordinances and Judgments made in this Parlement Whereupon the King charged all the Estates in Parlement to give them their Advice for the best and most firm Security in this case The Lords Spiritual and Temporal answered That they had Sworn before to hold and keep the said Judgments Establishments and Statutes * This Salvo was not in their Oaths which they would maintain with all their Power as much as in them was The King also demanded of the Justices and Serjeants If they knew any other more secure way for the perpetual keeping and observing of the Ordinances and Judgments c. Who answered The greatest Security that could be was established by Parlement And then the Lords Temporal and Spiritual renewed their Oaths before the King in Parlement upon the Lords Spiritual and Temporal renew their Oaths Cross of Canterbury and also the greatest part of the Commons held up their hands in Affirmance of their Oaths and likewise the Proctors of the Clergy and the Knights being about the King And then after Proclamation had been made in audience of all the People To know if they would 5 Ibm. The People Consent to these things Consent to this manner of Security To which they answered lifting their Hands on high and crying with loud Voices It pleased them well and fully consented thereunto Thomas le Despenser Petitions * Ib. n. 55. to the end of n. 66. The Repeal of the Judgments against the Despensers 14th 15th of Ed. II. confirmed and the Reverse of that Appeal in the 1st of Ed. III. repealed the King in full Parlement wherein he recites the Petitions of Hugh the Father and Hugh the Son to the
King in full Parlement holden at York three Weeks after Easter in the 15th Year of Edward II. In which Parlement the Exile and Disherison of both were annulled for these Reasons First They were not Appealed or called to Answer nor due Process made against them according to Law Secondly Because the Prelates who were Peers of the Realm que les Prelatz que estoient Piers du Royalm did not Consent to the Exile and Disherison A dit agard de Disherison Exile ne assenteront point Thirdly Because it was against Magna Charta that any Man should be Exiled or Tryed or otherways Destroyed without Judgment of his Peers This Adnullation was afterwards made void in 1 Edw. III. They pray that Statute may be made void and it was made void and all the Articles and things contained in it for the Reasons abovesaid Et sur ceo le Roy fist examiner diligement les Prelatz Ducs Barons Comunes Summonez a son Parlement what they thought whether the Statute of Edward III. was defeasable Who upon good Deliberation said it was for the Causes before expressed also considering that the Repeal made by King Edward III. was at such time as his Father Edward II. was living being very King and in Prison that he could not resist the same The Record of this matter is long and also the Proceedings against the Spencers in the 14th and 15th of Edward II. and Statute the first of Edward III. are recited which see in those Years On 7 Ibm. n. 67. The Duke of Hereford's Sulmission and Confession to the King on his Knees He begs pardon Thursday the last Day of the Parlement the Duke of Hereford in full Parlement humbly kneeled before the King and said to him My Liege Lord I know well that many Riots Disturbances and evil Deeds have been made and done within your Kingdom to the Offence of you and your Royal Estate in the which I my self was present amongst others not with an ill Intent or Purpose to offend you not knowing then it was any Fault or Offence against you But Sir since I now know well and confess my Offences and evil The King's Mercy and Pardon to him Deeds in so doing I cry you Mercy and beg your Pardon Whereupon the King graciously accepted the humble Prayers and Confession of the Duke and granted him Pardon in full Parlement for what he had done in the things abovesaid and what belonged to him for the same And further the King granted him to be his Good Lord And this he declared to all the Estates in Parlement how he had given him full Pardon for the Matters aforesaid The Commons on the same Day by 8 Ibm. n. 75. The Subsidy of Wooll c. granted to the King for Life with a xth and half and xvth and half Assent of the Lords Spiritual and Temporal granted to the King the Subsidy of Wooll Leather and Woollfells for his Life and one 10th and 15th and half a 10th and 15th Upon which Grants 9 Ibm. n. 76. Out of which the Commons pray the Sufferers of Ratcot-bridge c. may have 3 or 4000 Marks the Commons prayed the King to bestow 3 or 4000 Marks on those that suffered at Ratcot-bridge and to pay the Lords Appellants their Expences And then the same Day follows a 1 Ib. n. 77. Stat. at Large 21 Ric. II. c. 15. A General Pardon General Pardon for all things done before that Day which was Thursday as above the last of January and last Day of Parlement provided that they who rode and gathered themselves forcibly against the King in the 11th Year of his Reign with the Lords then Convict and Judged should have no Benefit of the Pardon if they Sued not forth their Charters between that and Midsummer Upon the Grant of this Pardon 2 Ibm. n. 78. Upon Condition the King by his own Mouth declared That if the Lords and Commons which in time to come shall Sit in Parlement should lett or disturb him in the Collection of the Subsidy of Wooll Leather and Woollfells so granted as above it should be void Also the same 3 Ibm. n. 74. 80. Stat. at Large 21 Ric. II. c. 16. A. D. 1398. Certain Persons appointed to determine all matters undispatched this Parlement Thursday the last Day of the Parlement the Commons prayed the King That whereas they had before them divers Petitions as well for special Persons as others not Read or Answered and also many other Matters and Things had been moved in the Presence of the King which for shortness of time could not well be determined It would please the King que plerroit au Roy c. to commit full Power to certain Lords and others whom he pleased to Examin Answer and Dispatch the Petitions Matters and Things abovesaid and all Dependencies on them To which Prayer the King Assented and thereupon by Authority and Assent of Parlement Ordained and Assigned John Duke of Lancaster Edmond Duke of York Edmond Duke of Albemarl Thomas Duke of Surrey John Duke of Excester John Marquess of Dorset Roger Earl of March John Earl of Salisbury Henry Earl of Northumberland Thomas Earl of Glocester Thomas Earl of Winchester and William Earl of Wiltshire or Six of them John Hussey Henry Green John Russell Henry Chelmswike Robert Tey and John Golofre Knights coming for the Commons of the Kingdom to that Parlement or Three of them shall Examin Answer and fully Determin all the said Petitions and the Contents of them come toutz autre Matiers Choses moevez And all other matters having the whole Power of Parlement deputed to them en Presence du Roy c as all other Matters and Things moved in the Presence of the King and all other Dependencies upon them not Determined as they shall think best by their Good Advice and Discretion in this behalf by Authority of the said Parlement And then it was Dissolved On Wednesday the 30th of January and Day before the Parlement ended the Duke of Hereford accused the Duke of Norfolk of Words c. spoken against the King's Person as will more fully appear in the Pleas of the Crown of this Parlement On the first of August this Year at Nottingham 4 Pleas of the Crown 21 Ric. II. on the Parlement Roll. The Duke of Glocester and Earls of Arundel appealed of Treason before the King sitting with his Crown on in the Great Hall of the Castle there Edward Earl of Rutland Thomas Earl of Kent John Earl of Huntington Thomas Earl of Nottingham John Earl of Somerset John Earl of Salisbury Thomas Lord Despenser and William le Scrop the King's Chamberlain brought a Bill of Appeal of Treason against Thomas Duke of Glocester Richard Earl of Arundel and Thomas Earl of Warwic 5 Ibm. The Bill having been read by Advice of the Lords and those of his Council about the King they had Day given
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
was to be Prisoner in the Isle of Man On Wednesday the 4 Ibm. The Duke of Hereford accused the Duke of Norfolk by a Schedule in Writing 30th day of January in the Parlement as above Henry of Lancaster Duke of Hereford came before the King with a Schedule in his Hand and said to the King he came by his Command into his presence at Haywode where he told him he understood Thomas Mowbray Duke of Norfolke had spoken many dishonest Words in slander of his Person and that they were spoken to him as he was informed Upon this the King charged him upon his Ligeance That he should truly repeat the Words as they were spoken The Duke of Hereford not thro' Malice or Enmity or other Cause but only to obey the King's Command as he was bound come il est tenuz wrote down the Words which the Duke of Norfolk spake to him as before he had conceived and born them in his Memory and were in the Schedule which he delivered to the King With Protestation to add or diminish at all times and when he pleased as it should be needful saving always the substance of the Libel Which was this Sir in the Month of The Tenor of the Schedule December in the Twenty one year of your Reign the Duke of Hereford Travelling between Bramford and London the Duke of Norfolk with a great Train met and Discoursed with him of divers Matters amongst which he told him they were in Point to be undone and the Duke of Hereford demanded why and he answered for the Fact at Radcot Bridge The Duke of Hereford said How can this be for he hath done us favour and declared us in Parlement to have been good and loyal towards him The Duke of Norfolk answered notwithstanding that it will be done by us as had been done by others before for he will vacate this Record The Duke of Hereford replied This would be a great Wonder since the King had said it before the People that he should afterwards make it be annulled And further the Duke of Norfolk said This was a Marvellous World and false for I know well saith he That if _____ Monsieur your Father and you had been taken or killed when you came to Windsor after the Parlement and that the Dukes of Albemarle and Excester the Earl of Worcester and he were agreed never to undo any Lord without just Cause and Reasonable and that the Malice of this Fact was in the Duke of Surrey the Earl of Wiltshire and Earl of Salisbury drawing to them the Earl of Gloucester who had Sworn to undo Six other Lords that is to say the Dukes of Lancaster Hereford Albemarle and Excester with the Marquess and himself And also he said they purposed to Reverse the Judgment of Earl Thomas of Lancaster and hereby we and many others should be Disherited The Duke of Hereford said God forbid for it would be a great wonder if the King should Assent to this for it seemed to him by his chearful Countenance and his promise of being a good Lord and also that he knew he had sworn by St. Edward to be a good Lord to him and all the others The Duke of Norfolk answered He had done the same to him many times and sworn by the Body of God and that for this he was never the better to be trusted And further said to the Duke of Hereford That the King was about to draw the Earl of March and others to the Agreement and Purpose of the said Four Lords to destroy the others aforesaid The Duke of Hereford replied If it be so we can never trust them The Duke of Norfolk said For certain not for although they cannot accomplish their Design at present yet they will be contriving ten Years from this time to destroy us in our Houses Hereupon Thursday the 31st of January and last Day of the Matters contained in the Schedule how to be determined Parlement it was Ordained by the King with the Assent of all the Estates in Parlement That the Matters comprised in this Schedule should be determined and ended by the Good Advice and Discretion of the King and certain Commissioners assigned by Authority of Parlement as it doth appear in the Roll of Parlement to wit the Duke of Lancaster the Duke of York the Dukes of Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Sarum Northumberland and Glocester or Six of them the Earl of Worcester or the Earl of Wiltshire Procurators of the Clergy or one of them John Bussy Henry Grene John Russel Robert Teye Richard Chelmeswyk and John Golafree Knights of the Parlement Four or Three of them And afterward on the 19th Day of March next following The Dukes of Hereford and Norfolk appear before the K. at Oswaldstre Their Case to be tried by Chivalry or Duel after the Dukes of Hereford and Norfolk had been before the King at Oswaldstre it was agreed by the King and the Lords and Knights abovesaid That the Process in the Determination of these Matters should hold the course of the Law of Chivalry if sufficient Proofs could not be found until it should be determided between the Dukes by course of Law Wherefore 5 Ibm. 22 Ric. II. A. D. 1398. on the 16th Day of September in the 22d of the King's Reign at Coventry the Dukes of Hereford and Norfolk were told by the King's Command That on Wednesday next after the Quinden of St. Hillary or 27th of January in the Year of the King's Reign Twenty one in the Parlement at Shrewsbury The Duke of Hereford delivered the King a Bill the Tenour whereof follows and was the same Word for Word with the Schedule before translated from the French Record And then it follows That after this Parlement was ended the Dukes appeared at Oswaldstre the 23d of February when Day was assigned them to be at Windsor on Sunday the 28th of April where they both appeared and had the next Day assigned In the mean time the King and his Council held at Bristol perusing Battel ordered between the two Dukes The Battel joined between them the Act at Oswaldstre by Advice of Those that had the Authority of Parlement Ordained Battel between them if sufficient Proofs could not be found And on Monday the 29th of April they both appeared when the Battel was joined a quell Lundy fuist la Bataille joint by Advice of the Dukes Earls Barons Banerets and Chivalry of England there in great Number assembled for this cause as well as of those who had the Authority of Parlement and this because no sufficient Proofs could be found in the mean The Dukes ready to perform what was ordered them at Coventry time On the 16th of September the Dukes were ready at Coventry pour faire lour Devoir to perform what was ordered when the King of his Especial Grace took the Battel into his hand nostre Seigneur le Roy come
Droiturel Naturel Soveraign Seigneur de sa Grace especial prist la Batail en sa mayn And it was said to the Duke of Hereford That the King by full Advice Authority The King by Advice of those who had the Authority of Parlement stayed the Battel And banish'd the Duke of Hereford for 10 years Note the Duke of Hereford's Father John Duke of Lancastir was chief in this Advice and Judgment 6 Ibm. The Duke of Norfolk banished by the same Advice and Authority and Assent of Parlement le Roy par plein Avys Auctorite Assent du Parlement Willed or Ordained and Adjudged for the Peace and Tranquillity of him his Kingdom and Subjects and to eschew Debates and Troubles especially between the Dukes their Friends and Well-willers That the Duke of Hereford should go out of the Kingdom for Ten Years and be gone within Eight Days after the Day of St. Edward the Confessor or 13th of October upon pain to incur Treason by Authority of Parlement Also it was Ordained by Authority and under the pain aforesaid That the Duke of Hereford should not come in the Company of Thomas Duke of Norfolk nor of Thomas Arundel nor send or cause to be sent or receive or cause to be received by Message or otherwise to or from either of them It was then also 6 said to the Duke of Norfolk That forasmuch as at Windsor the 29th of April in the 21st of the King he had confessed certain Points of the Appeal or Schedule abovesaid which he had denied at Oswaldstre on the 23d of February foregoing which were very likely to have bred great Trouble within the Kingdom The King desiring to punish as Rightful Lord all such as were the Authors of such Troubles and Debates and also willing to avoid the Occasions of them Adjudged and Ordained by the same Advice Authority and Assent of Parlement That Thomas Mowbray Duke of Norfolk should void his Realm voidera son Roialme for term of Life and that he shall be out of the Kingdom by the 20th of October next coming and remain in Germany Bohemia and Hungary and in other Parts of Christendom upon pain to incur Treason by Authority aforesaid and that he should not come in the Company of the Duke of Hereford nor of Thomas Arundel nor send or receive c. as before in the Duke of Hereford's Case upon the same pain And it was Ordained by Authority of Parlement as above That if either of the Dukes or any other do procure any thing to be done against the least point in the Ordinance or what was done on the 16th of September shall incur the pain of Treason as if it had been done against any Ordinance of the Parlement begun at Westminster and adjourned to Shrewsbury or if they or any other for them shoulk seek for any manner of Pardon or Licence to return home they were to incur the same pain by the same Authority On Tuesday on the morrow of St. Edward the 14th of October next following the King with the 7 Stat. at Large 21 Ric. II. c. 16. These things though in the 22d year are entred on the Parlement Roll 21st as part of that Parlement Ordinances and Statutes made at Bristol Dukes of Lancaster York Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Salisbury and Glocester John Bussy Henry Green and John Russel by Virtue and Authority to them committed in Parlement at Bristol made certain Ordinances and Statutes Five whereof are printed in the Statutes at Large Cap. 16 17 18 19 20. the last whereof relating only to our Purpose and varying in Print somewhat from the Roll I have added to it what was wanting Also the King on the same Tuesday on the morrow of St. Edward by the same Assent of the Lords and Knights of Counties so assigned by the said 8 Rot. Parl. 21 Ric. II. n. 85. so entred though it was in the 22 Ric. II Not to be repealed under pain of Treason Authority of Parlement doth Ordain That every Person that procureth or pursueth to Repeal or Reverse any of the said Statutes or Ordinances made by the King by the Assent of the said Lords and Knights assigned by Power and Authority of Parlement and that duly proved in Parlement shall be Adjudged and have Execution as a Traitor to the Kingdom in like manner as they which Pursue or Procure to be Repealed the Statutes and Ordinances made during the time of the said Parlement After this Provision made for the sure keeping of the Statutes The Oaths of the Bishops and Lords enlarged and Ordinances made by the King with the Assent of the Lords and Knights assigned by Power and Authority of the Parlement the Oath of the Bishops when they received their Temporalties of the Temporal Lords when they had Livery of their Lands and Tenements were enlarged with these Additions To the Bishops Oath was added 9 Ibm. n 86. The Additions to the Bishops Oath You shall Swear That well and truly vous jurez que Bien Loyalment Tendrez Sustendez Esterrez sanz fraud on mal Engyn ove touz les Estatutes Establishments Ordenances Jugements faits c. you will Hold Vphold and Stand with without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made and rendred in the Parlement summoned and begun at Westminster on the Monday next after the Exaltation of Holy Cross in the Year of the Reign of our Lord King Richard II. after the Conquest Twenty one and from thence adjourned to Shrewsbury to the Quinden or 15 Days after St. Hillary then next coming and there ended And also all the Statutes and Ordinances made after the said Parlement by the King and Lords and Knights of Shires coming for the Commons to that Parlement without going or doing to the contrary of any of them or the Dependants on or Parcel them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Regaly Liberty and Right of his Crown To the Oath of the 1 Ibm. Temporal Lords was this further Addition You shall Swear That you will never suffer in time to come any Man The Addition to the Oath of the Lords Temporal living to go or do anything to the contrary of any of the Statutes Establishments Ordinances and Judgments above-said nor any Dependants on or Parcell of them And if any one shall do so and be thereof duly Convict you shall use your utmost Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High Traitor to the King and Kingdom saving to the King is Regalie Liberty and Right of his Crown At Handenstank on the 26th of October this Year Commissioners A.
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
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as
a Token of his Intention as was said before the Arch-Bishop taking King Henry by the Right Hand led him to the Royal Throne and when the same King had Kneeled and Prayed a while before it the Arch-Bishop of Canterbury the Arch-Bishop of York assisting him placed him therein the People for great Joy Shouting mightily When the Shouting was over 4 Ib. n 55. the Arch-Bishop of Canterbury made a short Preachment or Collation as 't is called upon the Roll his Text or Theme was Vir dominabitur Populo 1 Sam. c. 9. v. 17. The English Version of the whole Verse according to the Vulgar Edition runs thus And when Samuel saw Saul the Lord said unto him Behold the Man whom I spake to thee of this same shall Rule over my People Iste dominabitur Populo meo In this Collation he makes a Comparison between King Richard who he makes a Child and his whole Government a Childish Acting and King Henry a Perfect Wise Man In this Comparison he makes use of several Places of Scripture but how properly or how to the purpose belongs not to this Place to say At length he insinuates That by Childish Government the Nation had been in great Danger but now they were freed from it because a Man will Reign to wit he that says not as a Child but one of Perfect Reason I came not to do my own Will but the Will of him that sent me that is God And therefore we may not only say of this Man That he will think of things in Wisdom but also as a Man and not as a Child In sensu cogitabit circumspectionem Dei He will in earnest think of the Circumspection or Providence of God id est circumquaque diligenter aspiciet ut Dei voluntas non sua fiat that is he will look diligently every way about him that God's Will not his own may be done and so in the Place of a wanton Child a Man Rules over the People and such a Man that it may be said The King shall Reign and he shall be a Wise Man and do Judgment and Justice in the Land Which Collation ended 5 Ib. n. 56. King Henry to quiet the Minds of his Subjects said publickly these Words SIRES I Thank God and zowe Spirituel and Temporel and all the Astates of the Lond and do zowe to wyte it es noght my Will that no Man thynk that be waye of Conquest I wold Disherit any Man of his Heritage Franches or other Ryghts that hym aght to have no put hym out of that that he has and has had by the gude Lawes and Custumes of the Rewme except those Persons that has ben agan the gude Purpose and the comune Profyt of the Rewme And forthwith 6 Ib. n. 57. it being considered that the Throne being Vacant by the Cessation and Deposition of King Richard the Power of all the Justices Sheriffs and other Officers through the Kingdom ceased lest Justice might be delayed to the Grievance of the People he Named his Principal Officers and Justices who took the usual Oaths And forthwith Proclamation was made by the King's Command That on Monday next after the Feast of St. Michael a Parlement should be held in that Place and that on Monday next following on the Feast of St Edward the Coronation should be at Westminster and that who claimed any Service then might put in their Petitions before the Steward Constable and Marshall of England where they should receive full Justice And for the shortness of Time assigned for the Sitting of the Parlement the King made Protestation it was not his Intention it should be any Prejudice to the States of his Kingdom or that it should be made an Example for the future but that it was only for the Profit of the Kingdom and specially to spare the Labour and Expences of his Lieges and that the Grievances of the People might have speedy Remedy All which things being finished 7 Ibm. n. 58. the King rose from his Throne and beholding the People with a chearful Countenance departed and the same Day in the White Hall in Alba Aula he had a great Entertainment for the Noble and Gentlemen who were there in great Numbers These things were done on Tuesday the 30th of September And afterwards on the next day 8 Ibm. being Wednesday the Deputies or Proctors before mentioned went to Richard late King in the Tower as they had been enjoined William Thirnyng Justiciary for himself and Fellow-Proctors in the Name of all the States and People notified to Richard and fully declared the Admission of his Renunciation and the Manner Cause and Form of the Sentence of his Deposition and presently Resigned the Homage and Fealty that had been made to the late King Richard as follows The Words 9 9 Ibm. n. 59. which William Thirnyng spake to Monsieur Richard late King of England at the Tower of London in his Chamber there on * * Note this Wednesday was Octob. 1. Wednesday next after the Feast of St. Michael the Archangel SIRE IT is wele known to zowe That ther was a Parlement somond of all the States of the Reaume for to be at Westmynstre and to begynne on the Teusday in the morrow of the Fest of Seint Michell the Archaungell that was zesterday by cause of the whiche Sommons all the States of this Lond were there gadyrd the whiche States hole made thes same Persones that ben comen here to zowe nowe her Procuratours and gafen hem full Auctorite and Power and charged hem for to say the Wordes that we sall say to zowe en her Name and on their Behalve that is to wytten The Bishop of St. Assa for Ersbisshoppes and Bisshoppes the Abbot of Glastenbury for Abbotes and Priours and all other Men of Holy Chirche Seculers and Rewelers the Erle of Gloucestre for Dukes and Erles the Lord of Berkeley for Barones and Banerettes Sire Thomas Irpyngham Chamberleyn for all the Bachilers and Commons of this Lond be South Sire Thomas Grey for all the Bachilers and Commons by North and my Felawe Johan Markham and me for to come with hem for all thes States And so Sire these Wordes and the doying that we sall say to zowe is not onlych our Wordes bot the Wordes and the Doyings of all the States of this Lond and our Charge and in her Name And he answered and said That he wyst wele that we wold not say but as we were charged Sire ze remembre zowe wele That on Monday on the Fest of St. Michell the Archaungell ryght here in this Chambre and in what Presence ze Renounsed and Cessed of the State of Kyng and Lordeship and of all the Dignite and Wyrshipp that longed therto and assoiled all zour Lieges of her Legiance and Obeysance that longed to zowe uppe the Forume that is contened in the same Renunciacion and Cession whiche ze redde zour self by zour Mouth and affermed it by zour Othe
and zour own Writing upon which ze made and ordeyned zour Procurators the Ersbysshopp of Zork and the Bysshopp of Hereford for to notifie and declare in zour Name thes Renunciacion and Cession at Westmynstre to all the Stotes and all the People that was ther gadyrd bycause of the Sommons forsayd the whiche was done zesterday by thes Lordes zour Procuratours and wele herde and understonden thes Renunciation and Cession were pleinelich and frelich accepted and fullich agreed by all the States and People forsayd And over this Sire at the instance of all thes States and People there were certain Articles of Defauts in zour Governance redde there and though we le herd and pleinelich understonden to all the States forsayd hem thoght hem so trewe and so notoric and knowen that by the Causes and by mo other os thej sayd and having consideration to zour owne Wordes in zour own Renunciacion and Cession that ze were not worthy no sufficient ne able for to Govern for zour owne Demerites os it is more pleinerlich contened therein hem thoght that wos reasonable und cause for to Depose zowe and her Commissaries that her made and ordeined os it is of Record ther declared and decreed and adjudged zowe for to be Deposed and Pryved and in dede Deposed zowe and Pryved zowe of the Astate of Kyng and of the Lordeship contened in the Renunciacion and Cession forsayd and of all the Dignity and Wyrsshipp and of all the Administration that longed therto And we Procuratours to all these States and People foresayd os we be charged by hem and by hir Auctorite gyffen us and in her Name zelde zowe uppe for all the States and People soresayd Homage Liege and Feaute and all Legeance and all other Bondes Charges and Services that longe therto And that non of all thes States and People fro this tyme forward ne bere zowe Feyth ne do zowe Obeysance os to thar Kyng And he answered and seyd That he loked not therafter but he seyd That after all this he hoped that is Cosyn wolde be good Lord to hym And further to compleat his Design on the 1 Rot. Claus 1 Hen. IV. part 1. M. 37. Dors Summons of Parlement 30th of September he by Information of the Arch-Bishop That by the Acceptation of the Renunciation of King Richard his Cession and Deposition this Parlement was determined issued in his own Name Writs to the Lords and for Elections of Members Knights Citizens and Burgesses of the House of Commons to meet on Monday next following being the Day of St. Faith and all this to be done and Returns made in six Days time So as these were the same Members who had been Summoned by King Richard to meet on the morrow of St. Michael as appears beyond Contradiction from the Writs 2 Append. n. 114. for their Expences which were Dated on the 19th of November the last Day of the Parlement and they were allowed their Expences for Fifty one Days besides the time of coming to and returning from Parlement in which Fifty one Days was included the 30th of September and all the Days between that and St. Faith's Day the 6th of October to make up the Number In this Parlement 3 Rot. Parl. 1 Hen. 4 n. 1. Pronunciation du Parlement or Declaration of cause of Summons The Cause of Summons Summoned and Holden at Westminster by King Henry IV. on Monday the Day of St. Faith which was the 6th of October in the first Year of his Reign sitting on his Royal Seat in the Great Hall at Westminster in the Presence of him and all the Lords Spiritual and Temporal and Commons and many other Gentlemen and Commons in great Number Thomas de Arundel Arch-Bishop of Canterbury declared the Cause of Summons and rehearsed how on Tuesday last past on the morrow of St. Michael King Richard II. after the Conquest summoned his Parlement to be then holden which Summons was of no force or effect by reason of the Acceptation of the Renunciation made by King Richard and the Deposing of him as without doubt he had informed King Henry before he issued his Writs for this Parlement And then proceeds That on the same Tuesday 4 Ibm. n. 2. in Presence of King Henry the Lords Spiritual Temporal and Commons he shewed that this Honourable Kingdom of England being the most abounding Angle with Riches had been a long time Governed by Children and the Counsels of young People so as the Kingdom was in point of Perdition and great Desolation and Mischief mightily to be lamented if it had not been that Almighty God of his Great Grace and Mercy had sent a Knowing and Discreet Man for the Government of the Nation who by the Aid of God will be Governed and Counselled by the Sages and Ancients of his Kingdom for the Aid and Comfort of himself and the whole People And said further That Men ought especially to consider how this Honourable Kingdom could so long continue under such mischievous Government Waste and Destruction which if it had been under Good and Just Government by Sage and Sufficient Counsel as it ought of Right it would have been in Riches Goods and other Advantages the most considerable of any Kingdom in the World 5 Ibm. n. 3. Et sur ceo mesme Lercevesque prist pur son Theame le Parole de Machabeorum primo in disent Incumbit nobis ordinare pro Regno And then the Arch-Bishop took for his Theme the Words in the first of Machabees saying Incumbit nobis ordinare pro Regno 1 Mac. Chap. 6. Vers 57. They are the last Words of a very long Verse and nothing to his Purpose nor what went before or what follows after The English Version is thus The Affairs of the Realm depend upon us But to go on with his Harangue Incumbit nobis ordinare pro Regno cest a dire c. That is to say It is the King's Will to be Counselled and Governed by the Honourable Sages and Discreet Persons of his Kingdom and by their Common Counsel and Assent do the best for the Government of himself and his Realm not desiring to be Governed by his own Will voluntary Purpose or singular Opinion but by Common Advice Counsel and Assent as abovesaid And the same Archbishop said further mesme Lercevesque dit outre There was not such a Kingdom in the World that could live without the Assistance of other Kingdoms so Honourably so Graciously and so Fully si honourablement ne graciousment ne plentiousment as might the Honourable Kingdom of England which God keep safe and maintain 6 Ib. n. 4. And upon this he alledged certain Authority saying Quod inter omnia regna hoc principatum tenet Of all Kingdoms this is the chief and shewed That to the Government of every Kingdom Three things especially were required that is to say Justice The Observation of the Laws And that every Person should rule