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
Legate endeavours to prevent the Battel Army to the other to prevent them from coming to Blows 2 Froys 8. b. cap. 161. The King of France his Confidence destroyed him Edward offered to pay for all the Damages he had done in his March from Burdeaux to deliver up all his Prisoners and not to bear Arms himself nor any of his Subjects for seven years time against France But K. John believing the Victory secure and certain rejected all his Submissions and blinded with Passion and Anger instead of hemming him in and starving him which could not have failed in three Days time went on headlong with the Courage and Fury of a Lion rather than of a Captain to attack him within his Fastness the * A. D. 1356. 30 Ed. III. 19th of September Nay by the worst Advice in the World he caused all his Horsemen to alight excepting Three hundred select Men who were to begin the Onset and the German Cavalry who had Orders to second them The thickness of the Hedges hindred these Three hundred Horse from breaking in upon them the English-men's bearded Arrows made the Horses mad and turned them upon the Germans who fell into the Avant-Guard and they were totally routed by a Gross of the Enemies who came forth and charged them during their Disorder Of the Four Sons the King had in this Battel Three of them were a little too soon carried out of the Fray by their Governours together with 800 Lances and this gave a fair Pretence of Excuse to all such Cowards as were glad to follow them There was only Philip the Youngest of the Four who obstinately resolved to run the Fortune of his Father and fought by his side The King 's single Valour sustained the Enemy's Charge a considerable time and if one fourth part of his Men had but Seconded him no doubt but he had gained the Victory At length The King of France yields himself His Son Philip and several of the French Nobility made Prisoners he yielded himself up into the hands of John de Morebeque an Artesian Gentleman whom he had banished the Kingdom for some Crime Philip his Son was taken Prisoner with him There were but 6000 French killed in this Fatal Day but of that Number were 800 Gentlemen and amongst those the Duke of Bourbon the Duke d' Athenes Constable the Mareschal de Nesle and above 50 more of good Quality The Young Prince as Courteous as he was Valiant Treated The Prince very kind and civil to the King of France the King as his Lord the same Night he served him at his Table and endeavoured to allay his Grief and Misfortunes by the most obliging and becoming Language he could express The next day fearing this Noble Prey might be snatched from him and withal observing his Soldiers were so laden with Plunder He carries him to Burdeaux with a great number of Prisoners that they were uncapable of further Service he took his March towards Burdeaux and carried away the King and his Son along with him together with a prodigious Number of Prisoners According to 3 F. 79. b. cap. 160. The French in this Battel 4 times more than the English Froysard the Men at Arms only besides others of the French were four times the Number of the whole English Army they being Forty eight thousand divided into three Battels Sixteen thousand in a Battel the English Army not being esteemed above Eight thousand by the Account of Sir Eustace of Ribemont and Two other Lords gave to the King of France having been sent by him to discover their Number In this Battel the Earls of Warwick Suffolk Salisbury Stafford The English Noblemen thatshew most Courage in this Battel Sir James Audeley Sir John Chandos Sir Reginald de Cobham c. behaved themselves very bravely but beyond others the Earl of Warwick Sir James Audeley and Sir John Chandos And as 't is said by Froysard 4 F. 83. a. cap. 164. the Prince of Wales who was Courageous and Cruel as a Lion took that Day great Pleasure to Fight and to chase his Enemies His Courage and Conduct with the Assistance of those about him was in this Battel most certainly very extraordinary and wonderful On the 5th of May next Year the Prince of Wales arrived at A. D. 1357. 31 Ed. III. The King of France brought Prisoner to London Plimouth with his Noble Prisoners the 5 Wals f. 172. n. 40. Knighton col 2615. n. 10 20 c. King of France and his Son where and in his Passage from thence to London he was treated with much Honour and Respect and on the 24th of the same Month had a Publick Entrance made him into that City and was Lodged in the Palace of the Savoy the King Queen and Great Men often making him Visits 6 Holinsâ—ed f. 390. Here he staid until toward the next Spring when he was removed to Windsor-Castle where he and his Son passed the Time in Hawking and Hunting and toward Winter returned to the Savoy Soon after the King of France his 7 Froys â— 1. c. 173. f 86. b. Arrival in England the Pope sent the two Cardinals of Perigord and St. Tital into England to mediate a Peace between the Two Kingdoms but without effect Yet so far they prevailed as to procure a Truce until the Feast of St. John Baptist which was to be in the Year 1359. or A Truce for two years by the Pope's Mediation 33d of Edward III. out of which Philip of Navarre the Countess of Montfort and Dutchy of Britan were excepted Before this by the Mediation of Joan Queen of Scots or as 8 Rot. Scot. 27 Ed. III. M. 2. 't is phrased in the Record Consort to David Brus his Prisoner Sister to King Edward who in the 27th of his Reign had his Leave to come into England to her Husband with moderate Attendance cum moderata Familia and upon the Prayer of David Brus his Prisoner the Prelates Great Men and Commons of Scotland 9 Ibm. 28 Ed. III. M. 4 a la Priere David de Bruys nostre Prisoner des Prelates Grantz Comunes Descoce he granted to Treat with them about his Deliverance And thereupon sent to Newcastle Commissioners appointed to treat about the Deliverance of David Bruce upon Tine the Bishop of Duresme William de Bohun Earl of Northampton and Constable of England Gilbert d'Vmfreyvill Earl of Anegos the Lords de Percy and de Nevill William Baron of Greystock and Henry le Scrop his Commissioners with full Power to Treat with the Bishop of St. Andrews and Brechin Patrick of Dunbar Earl of the March of Scotland the Abbot of Dumfermelin and Master Walter de Moffet Arch-Deacon of Leonesse Commissioners for Scotland Where it was 1 Ibm. Agreed 1. That David should be Ransomed and fet free for Ninety thousand His Ransom 90000 Mercs to be paid in 9 years Mercs of Sterling
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
sent and wrote to the King for Redress but could never receive any Answer from him therefore lest the Glory of Ecclesiastic Liberty which was the Gift of Heaven should be sullied ne Ecclesiasticae Libertatis gloria coelestis muneris dono concessa in vestris regno terris in vestrae salutis honoris dispendium maculetur c. the Pope renewed the same Exhortations with Paternal Affection intreating admonishing and persuading in him that gives Health to Kings in eo qui Regibus dat salutem that he would not suffer these Grievances Injuries and Troubles to be done but that he by his Royal Protection would defend and cherish the Churches and Persons themselves for the Divine Reverence of the said See and of the Pope pro divina dictae sedis Domini nostri summi Pontificis reverentia And then he demands the Annual Sum of Rent of 1000 Marks per Annum which he was bound to pay to the Roman Church and the Arrears of it for about 15 years in his Father's time and his The 7 Ib. a. b. Pope concluding and closing with Devout Prayers and Humble Supplications to his Royal Highness and Magnificence seriously to consider how his Progenitors Kings of England that duely Honoured God and his Spouse the Church inlarged their Government qualiter progenitores vestri Reges Angliae qui Deum Ecclesiam sponsam suam debite honorabant principatuum suorum culmina latius diffundebant c. and how Peace and Quiet prevailed in their times and how the Kingdom then abounded in Wealth How also in the times of those Kings who stopt their Ears to the Admonition of the Church and by an elated or proud Obstinacy despising her Advice and not regarding her Exhortations brought upon themselves and Kingdoms great Troubles and Dangers And therefore to avoid them presseth him effectually to compel his Officers and Ministers to abstain from acting such Grievances and to protect and defend the Churches and Ecclesiastick Persons and to pay the whole Pension or Rent as he was obliged After the delivery of these Gravamina Grievances by the Pope's Command he sent 8 Append. n. 77. to him a very formal Account of it and the King's Answer That he had frequently Treated about the Execution of his Command with some of his Suffragan Brethren that had received the like and that afterwards on the 3d of the Kalends of March or 27th of February in the presence of the Patriarch of Jerusalem his Brother Suffragans the Bishops of London Winton Sarum Lincoln Norwich Chichester Worcester Excester Bath and Wells and St. Davids and of some Earls and Barons of the Kingdom he declared the Contents of his Mandate to the King and delivered them to him written in Latin and French with Exhortations and Admonitions And that because the King said he would deliberate upon them he came to him again with some of his Brethren on the Ides or 15th of March to receive his Answer who not appearing after long waiting he sent the Bishop of Worcester then Lord Treasurer to him and desired he would give an agreeable and convenient Return to the Roman Church and to him concerning the things declared and delivered to him That at length he let him know by the Lord Treasurer and John de Longham a Frier Preacher and his Confessor That he could not make Answer then for that the Contents of the Mandate not only touched him but all the Earls Barons and Great Men of the Kingdom with whom he could not then Treat as was necessary to be done but hoped he might in a short time That at last the King with his Council on the 2d of the Kalends of April or 31st of March answered in this Form That saving the Right of his Crown in as much as he could he would in all things as a Devout Son of the Church obey him and the Holy Apostolick See Adding That before the notice of these Letters there had been Discord raised between some Great Men of his Kingdom which was not yet composed for which reason he could not fully Deliberate so as to give a suitable Answer to all things in his Mandate but so soon as the Differences between the Noblemen were made up he intended to call a Council of his Kingdom and send such Answers by his own Messengers before the time prefix't for a General Council as might be pleasing to God acceptable to him and the Apostolick See advantageous to Holy Church and to his own and the Kingdom 's Profit and Honour In the Twelfth of his Reign he prohibited 9 Append. n. 78. the Arch-Bishop of Canterbury the Prelates and Clergy That in their principal Synod to be held at London they should not attempt to do or ordain any thing against his Crown and Dignity or against the State of the Kingdom but if they had any thing to Prosecute or Determine concerning the State of the Church themselves or himself it should be Transacted in the next Parlement he had then summoned to meet at Lincoln In the 1 Ib. n. 79. Fifteenth year likewise he commanded the Arch-Bishop of Canturbury and the other Prelates that were to meet in the Provincial Council to be held at London That they should not determine do or any ways ordain any thing prejudicial to himself the State of his Crown or his Kingdom There having been frequent Prohibitions directed to the Ecclesiastick Courts and many Doubts raised about what Pleas might be holden in them the King 2 Ib. n. 80. wrote to his Justices That Pleas meerly Spiritual as punishment for Mortal Sin such as Fornication Adultery and the like of which the punishment was sometimes Corporal sometimes Pecuniary especially if the Convict was a Freeman Also the punishment for the Church-Yard not being well fenced or the Church not being in good Repair or Decently Beautified in which Cases Pecuniary Punishments could only be inflicted Also if the Rector demanded of his Parishioners Oblations due and accustomed Tithes or if one Rector sued another for great Tithes Also if a Rector demanded a Mortuarie where it was due Also if a Prelate or Patron of a Church demanded a Pension due from the Rector Also for laying violent hands on a Clerk or defaming him were within the Cognisance of an Ecclesiastick Judge notwithstanding his Prohibition and these were the Heads of such things and Pleas as were then controverted btween and claimed by both Ecclesiastick and Secular Judges Taxes in this KING's Time IN the Parlement at Northampton in the First of his Reign the In Rot. Caput in Custod Cler. pipae Temp. Edw. II. Claus 1. Ed. II. M. 12. intus Earls Barons Knights and all others of the Kingdom omnes alii de Regno or Government granted to the King a Twentieth part of their Moveables except their Armor War Horses Jewels Robes and Vessels of Gold and Silver of Knights Militum aliorum liberorum hominum and other Freemen
to Henry Bishop of Lincoln William Earl of Salisbury and William Earl of Huntington who were sent into Flanders and before the Month of May was ended 2 Rot. Aleman 11 Ed. III. M 9 10 11. A. D. 1537. What Men they were to find and what their Wages and Stipends they contracted with several Noblemen and others in Haynault Guelderland and Juliers to assist the King against France together with what Number of Men every of them were to find to serve the King and the Wages and Stipends or as now called Pay they were to receive for so doing In a very short time after 3 Ibm. 4 German Princes enter into Alliance with K. Edw. Reginald the Second Earl of Gueldres and Zutphen who Married Eleonora the King's Sister and William Marquess of Gulick came into the Alliance as also 4 Ibm. Rupert Count Palatine of the Rhine Duke of Bavaria Lewis the Emperor 5 Ibm. entred into a Confederacy with King Edward by which they obliged themselves and Heirs to Assist each other with all their Power to recover their Inheritances and Possessions Lewis the Emperor joins with him John Duke of Lorrain c. with-held from them by Philip of Valois About the same time 6 Ibm. M 8. And many petty Earls Lords retained to serve him John Duke of Lorrain Brabant and Lemburgh was retained for King Edward and many petty Earls and Lords In the same Year the 11th of Edward III. several of the same Confederacies are entred upon the 7 M. 1. 6. 11. The Wages of Retainers better than 18 d. a day A Man at Arms better than 18 d. a day Scots Roll where in some of them the Wages was expressed which was allowed by the King to his Retainers for every Man at Arms they brought into his Service by the Month viz. 15 Florens of Florence which was 45 s. Sterlin better than Eighteen pence a Day great Wages at that time The Allies and Confederacies on the French side were the 8 Du Chesue f. 646. C. The King of France his Confederates Bishop of Liege John King of Bohemia and Earl of Luxemburgh Henry Count Palatine of the Rhine Aubert Bishop of Metz Otho Duke of Austria Theodore Marquess of Montferrat Ame Earl of Geneva Gefrey Earl of Linanges Waleran Earl of Deux-Ponts Henry Earl of Vandemont John Earl of Sarbruck Imbert Bastard of Savoy and many other Lords and Captains of Almain Spain Franch-County Dauphine Savoy and other Countries the Scots and Duke of Lorrain Having made these Alliances against France King Edward before any Acts of Hostility 9 Rot. Alman 11 Ed. III. n. 13. A. D. 133â— Commissioners sent by K. Edw. to K. Ph. to treat about the Right of the Crown of France and to which of them it belonged constituted the Bishop of Lincoln the Earls of Salisbury and Suffolk and John Darcy his Agents by Commission Dated October 7. to Treat cum Magnifico Domine Principe Domino Philippo Rege Franciae Illustri with the Magnificent Prince Philip the Illustrious King of France or his Commissioners concerning the Right of that Crown and to which of them it belonged And by another 1 Ibm. They were also by another Commission impowered to treat about Aquitan c. and also a happy Peace Commission the same Persons were impowered to Treat upon all Controversies and Demands whatsoever relating to the Dukedom of Aquitan or other Parts beyond Sea and also of a happy and perpetual Peace Yet the same Day considering the famous Kingdom of France was lawfully devolved to him by Right of Succession and that he had claimed that Kingdom as his Inheritance he 2 Appen n. 85 B. A Commission to the Duke of Lorrain and Brabant to be Viceroy of France made John Duke of Brabant and Lorrain his Lieutenant Captain and Vicar-General there granting and committing to him meer Empire the Power of the Sword and all Jurisdiction high and low the Conusance and Decision of all Questions or Cases as well Criminal as Civil with Power to appoint Judges and Ministers as he pleased for the good Government of the Kingdom according to the Laws thereof The same Commissions were 3 Ibm. The same Commission to others granted and made to William Marquiss of Juliers William Earl of Henault and William Earl of Northampton to each of them severally the Words King of England and France and King of France and England being transpised that is sometimes England was put before France in these Commissions and sometimes France before England These Commissions so made he directed his 4 Ibm. He sent his Writ to all the great Persons of France and others to obey his Viceroys Writs of the same Date to the Arch-Bishops Bishops Dukes Marquisses Earls Barons and all other Persons in the Kingdom of France whatsoever commanding them willingly and freely to receive the said Duke and obey him in all things as if he were present himself letting them know That to the Obedient he would be very kind and to the Stubborn very severe The same Commands were directed to them in the Names of The same Commands were to obey others Marquiss of Juliers the Earls of Hanault and Northampton particularly and severally with the same transposition of Words King of England and France What were the Effects of these Commissions of Treaty and Lieutenancy I find not The Pope taking notice of these things to prevent the War between The Pope mediates a Peace between the two Kings the Two Nations sent to both Kings Peter Priest-Cardinal of St. Praxed and Bertrand Deacon-Cardinal of St. Mary in Aquizo if it might be to take up and end all Controversies between them 5 Rot. Fran. 11 Ed. III. M. 2. Dors Upon their Application to King Edward a Truce in hopes of a Peace to follow was obtained until the morrow after Candlemas in the 12th of his Reign It was thence continued 6 Rot. Alman 12 Ed. III. M. 36. to the first of March and from that time to 7 Rot. Alman 12 Ed. III. M. 36. Midsummer following if the King of France would agree to it But he not complying with the Terms of the last Continuation of the Truce King Edward was advised to declare it null which was done on the 8 Ibm. M. 16 6th of May and further to pass beyond Sea to confer with his Allies in prosecution of his Design against France He took the Advice and went to Antwerp But before he went the Cardinals prevailed with him to direct a 9 Rot. Alman 12 Ed. III. Part 1. M. 5. A. D. 1338. Commission Dated June 21. to John Arch-Bishop of Canterbury the Bishop of Durham Robert de Vfford Earl of Suffolk Sir Geofry le Scrop Kt. and Mr. John Vfford Arch-Deacon of Ely with full Power to treat and conclude all things in variance between them in order to a full and final Peace And by another
c. The number of Sacks agreed upon was 20000 for which the Merchants were to pay the King 40 s. per Sack Custom besides the Price of the Wooll beyond Sea 1 Ibm. pur equitter e rt ses dettes pur les ploit de ses grosses busoignes to discharge his Debts and for the Exploit of his great Affairs And it was left to the King's Choice and his Counsels beyond Sea whether the Flemings 2 Ib. n. 11. or Almans should be paid with the Money was to be received of the Merchants Soon after King Edward 3 Rob. Aves p. 90. b. c. 30 31. with the assistance of the Duke of Brabant the Earl of Haynault whose Forces then passed under the name of Flemings as in the Parliament Roll and the Communities or Governments of Bruges Gaunt and Ipres besieged Tournay from which Siege he wrote 4 Append. n. 87. a. He besieged Tournay and wrote to the King of France to Philip of Valois without any Title or addition That he had besought him by Messages and all other ways he knew reasonable to restore his Rightful Heritage of France and for that he saw he would not do him Reason he had enter'd into the Country of Flanders as Sovereign Lord thereof signifying to him That by the aid of Jesus Christ and power of the Country his own People and his Allies he would put a short end to his Claim if he would approach him and advance towards him But for that Two so great Armies as there was on both sides could not long continue together without great damage to the People and Country which thing every Christian And sent a Challenge to him to determin the Quarrel and their Claims by Duel between their Two Bodies c. ought to avoid especially Princes and Governors of the People he desired a brief period might be put to the Matter and to avoid the Deaths of Christians the Quarrel being between themselves that the discussion of their Claims might be determined by and between their two Bodies And if he would not consent to this way then that it might be ended by Battel between them and an hundred of their best Men on either side And if he would not take one of these then that he would assign a certain day within ten days after the date of this Letter to fight Army with Army before the Town of Tournay This was his desire not out of Pride or Disdain but that the will of Jesus Christ might be shewn between them for the greater repose amongst Christians Given under his Great Seal at Clyn in the Field the 27th day of July in the 14th year of his Reign of England and first of France To this Letter he had the following Answer returned * Ib. 87. b. The King of France his Answer to King Edward's Letter and Challenge Philip by the Grace of God King of France to Edward King of England We having seen your Letters brought to our Court from you to Philip of Valois in which were contained certain Requests made to Philip of Valois and for that your Letters were not directed or the Requests made to us as clearly appears by the Tenor of them we ought not to have given you any Answer nevertheless because we understand by the said Letters and otherwise that you are entred into our Kingdom of France doing great damage to us our Realm and our People without Reason not regarding what a Liegeman ought to observe toward his Lord for you have entred into our Homage Leige and recognized us King of France according to Reason and promised such Obedience as Men ought to promise to their Liege Lord as appears more clearly by your Letters Patents sealed with your Great Seal which we have by us Our intention therefore is when it shall seem good unto us to drive you out of our Realm and that we may be able to do this we have firm hope in Jesus Christ from whom all our Puissance c. Given in the Fields near the Priory of St. Andrew under our Privy Seal in the absence of our Great Seal the 30th of July in the year of Grace 1340. Hereupon Philip of Valois 5 Ib. Avesh ut supra p. 91. c. 33. Philip of Valois brought a great Army into the Field but dare not fight The English burn and destroy 300 Cities Towns and Villages And kill a vast number of French of all sorts Both Armies in great want of Forage and Victuals brought a very great Army into the Field as was thought to raise the Siege but he kept at such a distance off the English Army being afraid as says the Historian to engage them that he could not be provoked to fight tho the Earl of Haynault the Lord Walter Manny and Reginald de Cobham the King's Marshal and other Officers of the Army were sent with Parties from the Siege who wasted the Country destroy'd and burnt three hundred Cities Towns and Villages within six Leagues round Tournay and killed of the French Fourteen Barons Sixscore Knights and more then Three hundred Men at Arms. At last both Armies being very numerous and in great distress for want of Forage and Victuals and the King of England especially in very great want of Money the Two Kings consented to a Treaty of Truce until Midsummer next following 6 Ib. p. 91. b. c. 34. The King of England in great want of Money Commissioners on both sides to Treat of a Truce The Commissioners for the King of England were the Duke of Brabant the Duke of Guelderland the Marquiss of Juliers and Monsieur John de Haynault Lord of Beaumont Those for the King of France were John King of Bohemia and Earl of Luxenburgh Adulph Bishop of Liege Raoul Duke of Lorrain Ame Earl of Savoye and John Earl of Arminiac who concluded a Truce between the Two Kings their Aidants and Allies 7 Ibm. upon the ensuing Articles 1. That no prejudice or injury be done by either Party to the The Articles of the Truce other during the Truce and Respite 2. It was agreed That the Two Kings their Aidants and Allies whosever they were should remain in the same possession and seizin they were in at that time of all their Goods Lands and Possessions they held or had acquir'd any manner of way during the Truce 3. It was agreed That during the Truce the Kings their Assistants and Allies whoever they were might safely go out of one Country into another and the Merchants with all manner of Merchandise and all other People with their Goods might go and come as well by Land as Sea and Water as freely as they used to do at other times paying their Passage Money Tolls and Customs as anciently due The Barons and others of Gascoigny in the Dutchy of Guien to be comprised in this Article 4. It was agreed That neither of the Kings should procure or cause to be procured by themselves or
Charles Earl of Blois and John Earl of Montfort about Succession to and Enjoyment of that Dukedom Their Titles were thus Arthur the second had 1 Ib. and Robert of Aversbury p. 98. b. c. 40. Competitors for the Dukedom Two Sons by his first Wife this Duke John and another who Married and had a Daughter only and died before the Duke his Brother This Daughter was Married to Charles Earl of Blois Nephew to Philip the French King by his Sister The same Arthur by a second Wife had a Third Son who did bear the Title of Earl of Montfort The Question was Whether the Wife of the Earl of Bloys or the Earl of Montfort was nearest in Blood to the late Duke Upon the Dukes Death Montfort went to Nantes the chief City in Bretagne 2 Froâ—ssard Ibidem The Citizens of Nantes and some others own Montfort where he was received by the Citizens and People of the Country thereabout as their Lord and as nearest of Blood to his Brother who did homage and sware fealty to him To this place he summoned in the 3 Ib. 65 66 67. The Nobility and best fort of People appear not upon his Summons Nobility and the best sort of People of the Country and good Towns of Bretagne who appeared not whereupon he raised an Army and took the Town and Castle of Brest the City of Rennes the Town and strong Castle of Hannybout the Town and Castle of Caraches Yet after all this the Earl 4 Ib. c. 68. He offers to hold the Dukedom of the King of England by Homage and Fealty King Edward accepts his offer and promiseth to defend him of Montfort fearing the Earl of Bloys by the power of France might drive him out of the Dukedom came into England and offered to King Edward to hold it of him by Homage and Fealty if he would defend him against the French King and all others who should give him Trouble in this Matter The King accepted his offer and thought he should have great advantage by it as not having a more commodious way of entring France than by Bretagne calling to mind that the Alemans or Germans and Brabanters had done little or nothing for him and only made their own advantage by spending him much Money After Homage done King Edward in the presence of the Lords of Bretagne and England that were present promised he would aid and defend him as his Liege-man against the French King and all others The Homage and Promises were written sealed and delivered interchangeably The French King observing what the Earl of Montfort had The French King summons him to Paris done in Bretagne and hearing he had done Homage to the King of England for that Dutchy at the Request of the Earl of Bloys he was summoned to appear at Paris before the King Twelve Peers and other great Lords of France He appeared according to Summons 5 Ib. c. 69 70. He denies he did Homage to the King of England and when the French King charged him with having done Homage to his Adversary the King of England he denied it He then commanded him by all he held of him that he should not depart from Paris in Fifteen days in which time the Twelve Peers and other Lords should judge of his Right But he suddenly and privately withdrew from Paris and returned into Bretagne Nevertheless the Peers and Lords on the 15th day gave their The Peers of France give the Title of the Dutchy of Bretagne to Mary the Wife of the Earl of Bloys Opinions concerning the Title and Inheritance of the Dutchy That it belonged to Mary the Wife of the Earl of Bloys and further their Opinions were That if ever the Earl of Montfort had any Right he had forfeited it two ways by doing Homage and receiving it from any other Lord than the King of France of whom he ought to have held it and by disobeying the King's The Earl of Bloys enters Bretagne Commands in going from Paris without his Leave No sooner was this Judgment passed for him 6 Ib. c. 71 72. Surprised and took Earl Montfort but the Earl of Bloys with great assistance from the King of France entered Bretagne and surprized and took the Earl of Montfort in the Town of Nantes by the Treachery of the Townsmen from whence he was sent Prisoner to Paris and there died This was done says Foissard 7 Ib. c. 72. A. D. 1341. Who died at Paris being there Prisoner in the year 1341 about the Feast of All-Saints which was in the Fifteenth year of Edward the Third after whose Death his Widow Sister to the Earl of Flanders a Princess of great Prudence and Courage 8 Ib. c. 79. and Du Chesne f. 656. B. His Widow maintains War against the Earl of Bloys maintained the War against the Earl of Bloys and kept possession of those Parts and Places of Bretagne as had not been brought under his power This was in the beginning of Winter when the French Nobility that came with the Earl of Bloys by the King of France his Command retired the fury of the War then ceasing but failed not to return in the Spring to attempt to take from the Countess of Montfort what remained in her possession So soon as she was informed of their return she sent 9 Ib. in both She sends to the King of England for assistance Emery de Clisson a Lord of Bretagne into England to Request Assistance of the King propounding her Son John Heir to the Earl of Montfort as a Husband to one of his Daughters who was afterwards 1 Sâ—â—df Genealog Hist f. 179. Which she received Married to Mary his fourth Daughter and she enjoyed the Title of Dutchess of Bretagne The Proposition was readily agreed to by the King and he sent Sir Walter Manny into Bretagne with as many Men 2 Frâ—iss Du Châ—sne â—t supra A. D. 1342. Upon the Marriage of her Son with the King 's 4th Daughter at Arms as Sir Emery desired and also 3000 Archers but these were not sufficient to defend the Country against the Force of the Earl of Bloys who had taken Rennes Vannes and other Places and would have conquered all Bretagne if not speedily opposed 3 Ib. Frâ—iss c. 86. 90. Du Cheâ—ne f. 657. B. This Account was sent to the King by Messengers from the Countess and Sir Walter Manny whereupon he sent Robert de Artois with more Men Arms and Archers to reinforce Sir Walter 4 Du Chesne Iâ—m C. D. Frâ—â—ss c. 92. This joint Force besieged and retook Vannes but not long after Vannes was recovered by assault made by the Forces and Friends of Charles of Bloys in the defence whereof 5 Ib. c. 9â— Du Châ—sne f. 658. B. C. Robert de Artois was much and dangerously wounded who not long after returned into England in hopes of better Chirurgeons and Medicines and died there The
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
what Cause soever except what by this Treaty ought to remain and be delivered to the King of England and his Heirs and one King shall part with Release and Transfer to the other perpetually all the Right which either of them hath or can have in all the things which by this Treaty ought to remain and be delivered to each of them and of the time and place where and when the said Renunciations shall be made the Two Kings shall agree and appoint when they meet at Calais This Article was intirely left out of the Treaty corrected at Calais when the Two Kings met there 13. Also it is agreed That to the end this Treaty may speedily be accomplished that the King of England shall bring the King of France to Calais within three weeks after Midsummer there being no just hindrance at his own Expence 14. Also it is agreed That the King of France shall pay to the King of England Three Millions of Crowns of Gold whereof Two shall be of the value of a Noble of English Money whereof 600000 Crowns shall be paid to him or his Deputies within four Months after the King of France shall arrive at Calais and within a year following 400000 Crowns to be paid at London and so every year 400000 Crowns to be paid there until the whole was discharged 15. It is also agreed That for the Payment of the 600000 Crowns at Calais and for the delivery of the Hostages hereafter named within four months after the King of France shall be come to Calais the Town Castle and Fortresses of Rochell the Castles Fortresses and Towns of the County of Guines shall be rendered to the King of England with all their Appertenences and Appendences and the Person of the King of France shall be delivered out of Prison but he is not to Arm himself or People against the King of England but is to accomplish what was to be done by this Treaty And the Hostages were the great Prisoners taken at the Battel of Poictiers and these following That is to say Monsieur Lewis Earl of Anjou Monsieur John Earl of Poicters the King's Sons the Duke of Orleans the King's Brother the Duke of Bourbon the Earl of Blois or his Brother the Earl of St. Paul the Earl of Alanâ—on or Monsieur Peter of Alançon his Brother the Earl of Harcourt the Earl of Portien the Earl of Valentiniois the Earl of Briene the Earl of Vaudemont the Earl of Forest the Viscount Beaumont the Lord of Coucy the Lord of Fienne the Lord of Preaux the Lord of St. Venant the Lord of Garencieres the Dauphin of Avergne the Lord of Hangest the Lord of Montmorency Monsieur William de Craon Monsieur Lewis of Harcourt Monsieur John de Ligny The Names of the Prisoners taken at Poictiers were these Monsieur Philip of France the Earl of Eu the Earl of Longueville the Earl of Ponthieu the Earl of Joigny the Earl of Sancene the Earl of Dammartin the Earl of Ventadour the Earl of Salbruche the Earl of Auxerre the Earl of Vendosme the Lord of Craon the Lord of Darnalt or Rual the Marshal of Danchan or d'Andeneham the Lord of Aubigny 16. Also it is agreed That the Prisoners aforesaid which come to remain in Hostage for the King of France shall therefore be delivered out of Prison without paying any Ransom according to Agreement made before the 3d of May last past and if any of them be out of England and not in Hostage at Calais within the first month after the said three weeks after Midsummer without just hindrance he shall not be quit of his Imprisonment but be forced by the King of France to return into England and there remain Prisoner or pay the Penalty by him promised and incurred for not returning 17. Also it is agreed That in stead of those Hostages which shall not come to Calais or shall dye or shall remove out of the Power of the King of England the King of France shall deliver others of the same Quality as soon as may be within four months after the Bayly of Amiens and the Major of St. Omer upon the King of England's Certificate shall have notice threof and the King of France upon his departure from Calais may have in his Company Ten of the Hostages such as the Two Kings shall agree upon so as Thirty may remain 18. Also it is agreed That the King of France within three months after he shall be gone from Calais shall send thither to remain in Hostage Four Persons de la ville de Paris of the Town of Paris and Two of every Town following of St. Omer Arras Amiens Beauvais Lisle Doway Tournay Remes Chaalons Troyes Chartres Tholouse Lyon Orleance Compiegne Roven Caen Tours Bourges The most sufficient of these Towns for the Accomplishment of this Treaty 19. Also it is agreed That the King of France shall be brought from England to Calais and remain there for four months but shall pay nothing the first month for his Guard and Keeping but for every one of the other months he shall remain there he shall pay 6000 Royals as they shall be then current in France before his departure from Calais and so afterwards for the time he stays there 20. Also it is agreed That as soon as may be within a year after the King of France is departed from Calais Monsieur John Earl of Montfort shall have the Earldom of Montfort with all its Appertenences doing Homage Liege to the King of France and his Devoir and Service in every Case as a good and Loyal Vassal Liege ought to do to his Liege Lord by reason of his Earldom and also his other Heritages shall be rendred to him that belong not to the Dutchy of Bretagne doing Homage and other Dues belonging to them And if he will demand any thing in any of the Heritages belonging to that Dutchy out of the Country of Bretagne he shall receive good and speedy Reason from the Court of France 21. Also upon the Question of the Demain of Bretagne which is between Monsieur John de Montfort and Monsieur Charles de Blois it is agreed That the Two Kings calling before them or their Deputies the Parties Principals they shall inform themselves of their Right and shall indeavour to make them agree about all that is in Debate between them as soon as they can And in case neither the Kings or their Deputies can make an Agreement within a year after the King of France shall arrive at Calais Friends on both sides may make the best Agreement between them they can and as soon as they can and if they cannot compromise the Matter within half a year they shall make Report thereof and what they find concerning the Rights of each Party and why the Debate remains between them to the Two Kings or their Deputies and then they as soon as may be shall make an Accord giving their final Sentence upon the Right of each
of the Dukedom without delay during the Truce all but 200 Men to guard the Towns and Places the Duke held there The Two Kings to have 9 Ibm. Commissioners at Bruges on the 15th of September next coming to Treat of Peace The residue of the Articles are of less moment These were confirmed by John King of Castile and Leon Duke of Lancaster with Protestation That the Title of King of France given to King Charles Adversary to his Father nor the Title of King of Castile given to Henry his Adversary might in no manner prejudice either of them or their Titles In Winter the 48th of Edward III. the 1 Rot. Fran. 48 Ed. III. M. 6. Earl of Cambridge and Duke of Bretagne were made the King's Lieutenants in France but went not till the next 2 Claus 49 Ed III. M 46. Spring for whose good Success Publick Prayers were appointed to be made In this Expedition 3 Froys cap. 313. there went with the Earl and Duke several Noblemen and Persons of Quality and in a short time he recovered many of his Towns in Bretagne and had laid siege to the Town of Campelly when Sir Nicholas Carswell and Sir Walter Vrswick were sent to him by the Duke of Lancaster to quit the Siege and give over that War as being included in the Truce made at Bruges On the 28th of December next following the Truce 4 Claus 49 Ed. III. M. 6. Dors Summons to Parlement Writs of Summons were sent forth for a Parlement to meet on the 12th of February Afterwards before it met by Writs Dated 5 Ibm. M 4. Dors the 20th of January the King thought fit to Prorogue it duximus prorogandum to the Monday after the Feast of St. George but it sate not till the next Day when the Prelates Dukes Earls Barons and other Great Men and Commons Justices Serjeants of the Law and others assembled in the Painted Chamber before the King 6 Rot. Parl. 50 Ed. III. n. 2. A quel Lendemain s'assemblerent les Prelates Ducs Contes Barons les autres Grantz Comunes Justices Sergeantz de Ley autres en la Chambre de Peynte And there Sir John Knivet declared the Causes of holding the Parlement which were three 1. The First and Principal was To advise about the Good Government The cause of Summons and Peace of the Realm of England 2. The Second For the Defence and Safety of the Kingdom as well by Sea as Land 3. The Third To take Order for the Maintenance of the War with France and otherwhere and how and in what manner it might be done for the best Profit quickest Dispatch and greatest Honour of the King and Kingdom And then told them expresly That what the King always had done was by their good Counsel Comfort and Assistance tout dys par lour bons Conseilx Confortes Aides for which the King The Lords advise by themselves and the Commons by themselves entirely thanked them and desired they would diligently advise about these Matters the Prelates and Lords by themselves and the Commons by their selves and give their Good Answer lour bone Responce as soon as they well could The Commons 7 Ibm. n. 8. A Committee of Lords assigned by Parlement to go to the Commons c. went to their ancient Place the Chapter-House of the Abbey of Westminster and the Prelates and Lords went by themselves and there were assigned in Parlement fuerent assignez in Parlement the Bishops of London Norwich Carlisle and St. Davids the Earls of March Warwick Stafford and Suffolk They agree about the Grant of a Subsidy the Lord Percy Sir Guy de Bryan Sir Henry Lescrop and Sir Richard de Stafford to go to the Commons and assist them in Treating and Conferring upon the things before declared They agreed upon the Grant of a Subsidy which begins as followeth Les Seigneurs Coes 8 Ib. n. 9. assemblez en cest present Parlement eantz consideration The Lords and Commons assembled in Parlement having Consideration of the very great Charges and Expences the King hath and must be at for the maintaining of his Wars his Noble Estate and otherwise granted him the Subsidy of Of Wooll c. Wooll Leather and Woollfells as it was granted him in the Parlement holden at Westminster in the 47th of his Reign from the Feast of St. Michael next coming when the Subsidy then granted ended to the end of three years and the Commons humbly pray the King to be excused That they gave him no other Subsidy or Ayd for his Wars for that they were brought so low and so disabled by the Pestilence the Murrain among their Beasts and destruction of their Grain and other Fruits that they could not do otherwise at present but promised if any extraordinary Case should happen they would Ayd him to the utmost of their Power as they had done before beyond all the Commons of the World to their Liege Lord. After this the Commons considering 9 Ib. n. 10. the Mischiefs of the Land do shew unto the King and Lords of Parlement That it would be for the Honour and Profit of the King and the whole Land which is grieved in divers manners by many Adversities as well by the Wars of France Spain Ireland Guyen Britain and other-where so that the Officers about the King without The Commons pray Ten or twelve Persons may be added to the King's Council c. other assistance were not sufficient for so great Busines wherefore they pray the King's Council may be inforced or augmented with Lords Prelates and others to the number of Ten or Twelve who should be continually with the King so as no great business should pass without their Assent and Advice nor small Matters without the Advice and Assent of Six or Four of them at least as the Case required The which Request the King understanding 1 Ibm. The King grants their Prayer upon Condition it was honourable and very profitable to him and the whole Realm granted provided always that the Chancellor Treasurer and Privy Seal and all other the King's Officers might execute their Offices without the presence of any the said Counsellors which the King was to assign from time to time of such as he pleased who were to be Sworn to keep this Ordinance and to do Right to every one according to their Power without receiving any Reward for so doing That none of 2 Ib. n. 11. The King's Officers not to receive Gifts c. the King's Officers should receive any Gifts Fees or Rewards other then their Salaries Liveries and Travelling Charges The Commons make Protestation 3 Ib. n. 15. The Commons ready to ayd the King with Body and Goods Complain of Evil Counsellors and Officers That they were and always have been and will be ready to Ayd the King with their Bodies and Goods to the utmost of their Power but they
of such Reports of the Land was a manifest and very Traytor for such Debates might turn to the Destruction of the Kingdom for ever and he prayed that a good Ordinance and a just and speedy Punishment might be provided in that Parlement for such Talkers and Inventors of Evil Reports or Dreams sur tieux parlours trouvours de mesongs to avoid such Mischiefs for the time to come but for the time past all should be forgiven as to his own Person After this 1 Ibm. n. 17 18. The Commons pray Three things of the King and Lords First That Eight continual Counsellors may be appointed for that the King at present was Innocent and of Tender Age for the amendment of several Mischiefs and the Salvation of the Realm which was then in greater Danger then ever it was before the Commons prayed the King and Lords of Parlement for Three things especially First That they would in that Parlement Appoint and Name Eight Persons of divers Estates to be the continual Counsellors of the King for the Business of the Kingdom together with the King's Officers to be such Persons as best knew and most diligently would and could take pains in the amendment of the Mischiefs and for the good Government and Salvation of the Realm and the Commons might know the Names of those Counsellors which also may be the Expenditors and Directors of what was to be given toward the Wars Secondly That they would please to 2 Ib. n. 19. Secondly Such to be appointed as were to be about the King's Person Name and Appoint in that Parlement such as should be about the King's Person People of Virtuous and honest Conversation that might Educate him accordingly and that the Charge of the King's House might be born with the Revenue of the Crown so as what was granted for the Wars might only be employed that way Thirdly That the 3 Ib. n. 20. Thirdly That the Land might be observed Common Law and other Statutes and Ordinances of the Land might be Observed Ratified and Confirmed and the People Governed by it and that it might not be defeated with Masterships and Singularities of any about the King c. saving in all things the Regalities and Dignity of the King to which the Commons would not any prejudice should be done any way by their Demands The Answer to these Demands 4 Ib. in the end of the number The general Answer was That the Prelates and Lords would Advise together commanding the Commons to return to their place commandant as communes de retournir a lour place and Treat of their other Charges given to them tretir de lours autres â—â—arges a lours douez between that time and Thursday next a quel jour ils furent commandez a retournir en parlement c. to hear the Answer to their Requests The first 5 Ibm. n. 21 22. The particular Answer to the first Request Request of the Commons was Repeated before the King and Lords and by them granted so as the Chancellor Treasurer and Keeper of the Privy Seal Justices of the one Bench and the other and all other Officers of the Realm may execute their Offices without the presence of such Councellors who by Advice of the Lords were 6 Ib. n. 23. Nine the Bishops of London Carlisle and Salisbury the Earls of March and Stafford Messires Richard de Stafford and Henry Lescrop Banerets and Messires John Deverose and Hugh Segrave Bachelors Which 7 Ib. n. 25. Nine Prelates Earls and others chosen in Council for this year esluz en conseil pur ceâ—â— An were Sworn before the King himself to do what they were chosen for in the presence of many Lords of Parlement As to the Second Request to 8 Name and Assign such as To the second Request should be about the King's Person the Lords of Parlement there answered That it seemed to them for many Causes too heavy and hard a Request trop chargeant dure Request to place any Person about the King that should not well please him or to Remove any Officer or Servant if it were not by his Express Will and for notable fault to be proved against such Officers and Servants Wherefore the Lords would not willingly meddle with these Matters peront les Seigneurs ne verroient voluntres entre mettre To the other 8 Ib. toward the end of the number part of this Request the Lords Answered They would by good Deliberation speak with the Great Officers of the King's Houshold and if by their advice it could be done saving the State and Honour of the King what they desired should be performed For the 9 Ib. in the end of the number To the Third Third at present it seemed reasonable to all the Lords it should be granted The Lords and Commons * Ib. n. 27. Two Fifteenths and Two Tenths granted perceiving the great danger of Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies granted to the King Two Fifteenths without Cities and Burghs and Two Tenths within Cities and Burghs for Two years praying the King That as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King 's Appointment which were William Special Treasures appointed to receive them Walworth and John Philypot Merchants of London who were to give an Accompt of their Receipts and Disbursements in manner as the King and his great Council should order In this 1 Ib. n. 41 42 43. Parlement Alice Perrers was brought into the Lords House where Sir Richard Lescrop Steward of the King's Houshold by the Command of the Prelates and Lords Recited in the presence of the said Alice an * See this Ordinance here in the 50th of Ed. III. Alice Perrers accused in Parliament Ordinance made in the Parlement holden at Westminster in the 50th of Edward the Third That no Woman especially Alice Perrers should prosecute any Business in the King's Courts by way of Maintenance upon pain of forfeiture and Banishment out of the Kingdom and the said Seneschal or Steward surmised to the said Alice and the Lords That she had incurred the pain of it and forfeited against the Ordinance in Two Points First That Sir Nicholas Dagworth was ordered by the King's Council to go into Ireland upon several great Matters profitable to the King and his Realm the said Alice after the Ordinance made perswaded the King and procured at the Court at Havering by her singular Suit That the said Nicholas should be countermanded and his Voyage staid to the great damage of the King and Realm Secondly That one Richard Lyons for certain Misprisions of which he was Convict in the said Parlement submitted himself to the King's Grace viz. his
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
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
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
Letters Pattents of Edward I. for the Establishment of Scotland Fol. 82 A Lewelin Prince of Wales summoned to take the Oath of Fealty to Edward I. Fol. 1 F His Marriage of Sim. Monfort's Daughter Fol. Ib. F He surprized the King's Justiciary and is slain Fol. 9 B E Limoges delivered to the French Fol. 289 F Is retaken by Prince Edward Fol. 290 A Lincoln Henry Earl his Speech about Holy Church to Thomas Earl of Lancaster Fol. 114 B Littister John King of the Commons his Pretences and Practices Fol. 348 E Loketon John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A Is banished into Ireland Fol. 389 C Londoners join with the Lords in refusing to pay Taxes to Edward I. Fol. 58 F They refuse to assist King Edward II. Fol. 155 F They Murder the Bishop of Exeter and a Servant of the Spencers Fol. 156 B They compel the Bishops to swear to defend their Rights Fol. 164 A They present their Grievances to Edward III. Fol. 302 E F Their Patent from him and Petition about their Coroner Fol. 305 A E They deny to lend King Richard II. a Thousand Pounds Fol. 393 F Their Liberties seized by him and restored Fol. 394 A Lords See Nobility Lyon Rich. impeached by the Commons and his Punishment Fol. 301 F M. MAgdulph Earl of Fife his Appeal to King Edward I. Fol. 31 C Maltrovers John one of the Keepers and Murderers of Edward II. Fol. 164 C Marchall John Servant to thâ— Spencers murdered and by whom Fol. 156 A Margaret Maid of Norwey Grandchild and Heir to Alexander III. King of Scotland Fol. 14 F Articles of Marriage between her and Prince Edward Fol. Ib She died in her Voyage to England Fol. 17 F Marshal and Constable take Possession of the City-Gates Fol. 59 C D Mautravers John his Practices against the Earl of Kent punished Fol. 190 D E Merks Thomas Bishop of Carlisle's Reasons against the Proceedings in Parlement against King Richard II. Fol. 438 D Montacute Will. his Reward for taking Mortimer Fol. 191 D Monfort his Controversie with the Earl of Blois for the Dukedom of Bretagne Fol. 124 125 Mortimer Roger taken into Queen Isabel's Service Fol. 149 D Is proclaimed a Traitor by Edward II. Fol. 154 F His Familiarity with the Queen Fol. 159 B His Management of Affairs under Edward III. Fol. 182 B 186 A He agrees to a shameful Peace with the Scots Fol. 184 F He is sent to the Tower Fol. 186 C The Articles in Parlement against him Fol. 187 A Is condemned by his Peers and executed Fol. 189 F Mowbray Tho Duke of Norfolk accused by the Duke of Hereford Fol. 413 B The matter contained in his Accusation to be determined by Duel Fol. 414 D The King prevents the Battel and banished him Fol. 415 B C D N. NAnts besieged by the English Fol. 342 B Nevill's Cross Battel Fol. 240 F Nobility swear Fealty to Edward I. when beyond Sea Fol. 1 C Their Petition against the Pope's Exactions Fol. 88 C And against sending Money out of England Fol. 89 C Their Murmurs and Contrivance against Gaveston Fol. 101 D F Their Ordinances for the Government of the King's Houshold Fol. 103 c. Are angry at recalling of Gaveston Fol. 112 F They order him to be executed without Trial Fol. 116 A They demand of the King the Execution of their Ordinances and encourage the People to join them Fol. Ib. C E They treat with the King about Peace Fol. 117 D Their Petition to him in Parlement Fol. 125 D Their Confederacy against the two Spencers Fol. 127 c. Their Message to the King to banish them Fol. 129 A They come armed to Parlement and their Award against them Fol. Ib. B C They desire Security for their acting without Law Fol. 132 D Many of them Executed with the Earl of Lancaster Fol. 135 F They join with Queen Isabel against Edward II. Fol. 154 D Several of them Executed by Queen Isabel's Order Fol. 159 B They judge King Edward II. unfit to Govern Fol. 163 A They renew their Fealty and Homage to King Richard II. Fol. 390 F The Oath they then took Fol. 391 A Such as broke it to be Excommunicated Fol. Ib. They again renew their Oaths to King Richard Fol. 400 403 They join Henry Duke of Hereford and Lancaster Fol. 419 C D Northampton John a Mover of Sedition in London and how appeased Fol. 360 F His Trial and Judgment Fol. 361 F Judgment against him repealed Fol. 393 B Nottingham Thomas Earl one of the Lords Appellants Fol. 371 C O. OAths taken by the Lords Spiritual and Temporal Fol. 391 A Administred to all Gentlemen c. Fol. Ib. B Renewed to King Richard II. Fol. 400 The Breakers thereof Excommunicated Fol. 401 B Great Officers of the Kingdom to be sworn in Parlement Fol. 220 E To be chosen by the Lords in King Richard's Minority Fol. 332 C They resign their Places to the King and receive them again from him Fol. 392 B Ordainers appointed their Names Fol. 103 They decline to Treat with the King's Commissioners Fol. 114 A Order of the Garter instituted when and by whom Fol. 247 B Ordinances of King Edward I. for Security of Scotland Fol. 85 F For Government of Edward II. his Houshold Fol. 102 B Are confirmed by the King in Parlement Fol. 103 110 111 A Are examined and annulled Fol. 146 A Of Normandy what it was Fol. 238 D P. PArliaments held in the Reign of Edward I. Fol. 96 97 98 In the Reign of Edward II. Fol. 180 181 In the Reign of Edward III. Fol. 321 c. In the Reign of Richard II. Fol. 465 c. That held in the 11th of Ricard II. annulled Fol. 402 That again confirmed and that held 21 Rich. II. annulled Fol. 437 E Pavy Amery de made Governour of Calais Fol. 243 B His Design to betray it prevented Fol. 246 C He is removed from the Government of it Fol. ib. F Peacham John made by the Pope Arch-Bishop of Canterbury Fol. 94 A His Letter to the King about Church-Liberty Fol. 95 A Perambulation of the Forest settled and confirmed Fol. 72 F Percy Henry his Promise in behalf of Gaveston Fol. 116 A Thomas made General Procurator for the Clergy Fol. 401 B Perrers Alice banished Fol. 302 B She is accused in Parlement Fol. 329 F She is found Guilty Fol. 331 E Her Sentence and Punishment not to be made a Precedent Fol. Ib. Repealed in Parliament Fol. 362 D Peter King of Castile Excommunicated by the Pope Fol. 284 A He craves and receives Aid from Edward Prince of Wales Fol. Ib. He refused to pay the Prince's Army Fol. Ib. Is slain by Henry Bastard of Castile Fol. 289 D Philip the French King remonstrates against the Pope's Bull prohibiting Taxes Fol. 55 B His Clergy doth the like Fol. Ib. His Protestation against the Pope's Power to make a Truce between him and Edward I. Fol.
Fol. 77 F 78 E The Names of Persons excepted Fol. 79 C D What Number to come to the English Parlement Fol. 80 C D The Settlement they made of the Kingdom Fol. 81 A The Articles of the Establishment Fol. 82 83 They break their Oaths and Crown Robert Bruce Fol. 84 B Are routed and many Tried for Perjury and Rebellion Fol. 85 B Their Submission and Homage to King Edward renewed Fol. 86 D They Ravage the English Borders Fol. 120 A 340 A Their great Victory over King Edward II. Fol. Ib. B The Kingdom Interdicted Fol. 123 E They agree to a Truce for Two years continued for 13 years Fol. 124 A 147 A They break the Truce Fol. 184 B A Peace concluded with them by Mortimer Fol. Ib. Their Country wasted and burnt by Edward III. Fol. 197 A They agree to a Peace with him Fol. Ib. B Their Alliance with the French Fol. 335 A Their Barbarity in the English Borders Fol. 341 C Their Commissioners sent to the English Parlement rejected Fol. 359 F They join the French to invade England Fol. 362 E And are beaten Fol. 391 C Scrope Richard Lord Chancellor charged the Commons with untruth Fol. 336 E His Answer to their several Petitions Fol. 337 B The Great Seal taken from him Fol. 355 E Tho. Earl of Wiltshire made Procurator for the Clergy Fol. 412 B Segrave John made Guardian of Scotland Fol. 76 F Sharewell Sir William set forth K. Edward III's Title to France Fol. 248 E F Soldiers how raised against the Scots and payd Fol. 121 F Southwell Nic. Valet to King Richard II. Fol. 381 A Spanish Fleet beaten by the English Fol. 248 A Spencer Hugh blamed for the Loss the English sustained from the Scots at Bannock-bourn Fol. 120 B Is made Chamberlain to Edward II. Fol. 126 E His Fathers Character Fol. Ib. F How they provoked the Nobility Fol. 127 B C The Lords Award against Father and Son Fol. 129 C Their Banishment revoked Fol. 134 D Outragious Practices against them Fol. 141 143 Errors of the Award against them assigned Fol. 142 A And why it ought to be revoked Fol. 144 B The Award voided in Parlement Fol. 145 C The Father made Governor of Bristol Fol. 147 C He is taken and Executed Fol. 148 C The Son Executed Fol. 149 B The Judgment against them both reversed Fol. 403 B Henry Bishop of Norwich his great Courage and Conduct Fol. 349 A His Offer for the Relief of Flanders Fol. 357 D His Proffer accepted by the King and Council Fol. 358 A He Published a Croysado against the Antipope Fol. Ib. B His great Success against the Flemings Fol. Ib. F He surrendred Graveling and returned into England Fol. 359 B His Accusation and Punishment Fol. 360 C Statute of Bigamy on what account made Fol. 5 B D Of Winchester proclaimed Fol. 68 F And Conditions where to be found Fol. 220 E Are revoked by the King Fol. 221 C Statutes and Commission what and when made Fol. 367 A Declared void in Parlement Fol. 397 B And Ordinances made by the King and others appointed out of Parlement Fol. 416 A Not to be repealed under pain of Treason Fol. Ib. The Bishops and Temporal Lords Swear to observe them Fol. 417 F Sterling Castle delivered to the Scots Fol. 67 D Besieged by and yielded to King Edward I. Fol. 78 A Steward James his Submission to King Edward I. Fol. 37 C Stratford John Arch-Bishop of Canterbury his Behaviour to Edward III. Fol. 210 215 He submitted and begged the King's Pardon Fol. 218 D Proceedings against him vacated Fol. 219 A Is forbidden to enter the Painted Chamber Fol. 222 F Is permitted upon Mediation of some Great Men Fol. 223 A Straw Jack his Pretences and Practices Fol. 345 348 His Tryal and Execution Fol. 349 C His Confession at his Execution Fol. 350 A Sudbury Simon Arch-Bishop of Canterbury beheaded by the Rebels Fol. 346 C T. Talbot Sir Tho. accused for Conspiring the Death of the Dukes of Lancaster and Gloucester Fol. 395 B Tarleton Adam Bishop See Adam Taxes granted in the Reign of Edward I. Fol. 96 97 Taxes granted in the Reign of Edward II. Fol. 180 Taxes granted in the Reign of Edward III. Fol. 321 c Taxes granted in the Reign of Richard II. Fol. 465 c. Templars by whom founded their Original and Suppression Fol. 165 c. Testa William the Pope's Agent convict of Crimes against the Crown Fol. 89 D His Officers questioned Fol. 90 B The King granted him Protection and License Ib. D. F Thyrning William his Speech to Richard II. in the Tower Fol. 434 E Tiler Wat. his Pretences and Practices Fol. 345 His Insolent Behaviour to the King Fol. 346 F His Death Fol. 347 A His Followers pretended the King's Authority for what they did Fol. 348 B Tresilian Robert Lord Chief Justice accused of Treason by the Lords Appellants Fol. 373 374 His and the other Judges Opinions concerning the Statute and Commission Fol. 378 c. The Witnesses to their Opinions Fol. 379 F Is brought into Parlement Sentenced and Executed Fol. 385 D Trussell William his Speech against Hugh D'espencer the Son Fol. 159 E He resigned up the Nobility's Homage to Edw. II. Fol. 162 D V. VAlentia Aymer sent against the Scots Fol. 84 F His Success against them Fol. 85 A Vere Robert Duke of Ireland raised Forces in Lancashire and Cheshire for Richard II. Fol. 369 D He is accused of Treason Fol. 372 D Usk Tho. impeached his Answer and Judgment Fol. 387 C D E W. Walworth Wm Lord Mayor of London slew Wat. Tiler Fol. 347 A He is Knighted by Richard II. for his Service Fol. 350 D Walys Wm chosen by the Scots for their Leader Fol. 53 A Is beaten and flee's into the Woods Fol. 64 C Is taken and Executed Fol. 83 F Was one that encouraged the Lords against Edw. II. Fol. 119 C Warren John appointed Governor of Scotland Fol. 38 A He suppressed the Scots Fol. 53 B Warwick Tho. Earl one of the Appellant Lords Fol. 371 C His Pardon revoked Fol. 397 C Is appealed of High Treason Fol. 405 A Is Tryed and pleaded Guilty Fol. 411 E His Life granted him by the King Fol. Ib. F Welch routed and their Prince slain Fol. 9 C Are totally subdued Fol. 11 B Writ for sending the same Knights Citizens and Burgesses who were sent last Parlement Fol. 69 F Wyclif John Convented before the Arch-Bishop and Bishop of London Fol. 307 F He Explains himself concerning the Sacrament of the Altar Fol. 320 A The Heresies laid to his Charge Fol. Ib. F Proceedings against his Followers in Rich. II's Reign Fol. 458 FINIS THE APPENDIX N. 1. Claus 1. Ed. 1. M. 11. de pace Regis Edwar. Proclâ—â—andâ EDwardus Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Vicecomiti Eborum Salutem Cum Defuncto jam celebris memoriae Domino Henrico Rege Patre nostro ad nos Regni gubernaculum
Jews rather to get a Livelihood then out of Affection to Christ or Christianity pretended to be Converts for about Ten years after they were all Banished the Kingdom as appears by these Writs De Judaeis Regno Angliae Exeuntibus Of the Jews going out of England Claus 18 Ed. I. M. 6. And De passagio conductu Judaeorum Angliae for the Passage and Conduct of the Jews of England Pat. 18 Ed. I. M. 14. In the Tenth of this King 7 Mat. West f. 410. n. 50. A. D. 1282. The Welsh surprise the King 's Justitiary Lewelin Prince of Wales and his Brother David on Palm-Sunday night surprised the Lord Roger de Clifford the King 's Justiciary there killed many of his Servants wounded bound and sent him Prisoner to the Mountain of Snowdon committing great Ravages killing the People and destroying a great part of the Marches The King scarce believing the News at first upon better Information sent the Barons of the Exchequer and Justices of the Bench Justiciarios de Banco to Shrewsbury to put the Laws in Execution and followed them with an Army built a large Bridge over the River Conwey of Boats or as the Historian says Ships and possessed himself of the Country about Snowdon and gave many Shares of those Lands to his Barons and others that had faithfully assisted him Over this Bridge many of the Nobles of the King's Army passed out of Anglesey to view and observe the Country who affrighted with the Multitude and Clamour of the Welsh coming upon them hasting to return from whence they came were drowned in their Passage The Welsh incouraged by this Accident which they would have a Miracle non infortunio sed miraculo ascribentes pressed their Prince to Act like a Man of Courage and it would not be long e're according to Merlin's Prophecy he should wear the Crown of Brute Whereupon with a great Army he descended into the Plains and left his Brother David to defend the Mountains Where Edmund the Son of the Famous Roger Mortimer then dead with some other Marchers set upon them and without considerable damage to themselves The Welsh routed Lewlin's Head struck off slew a great number of the Welsh in which Conflict Lewelin's Head was struck off presented to the King and sent to London and set upon the Tower Walsingham 8 F. 50. n. 10 20. A. D. 1283. Relates this Story in the year 1283 the 11th of Edward I. and that this Battle was six days before the Feast of St. Lucy that year and says that the Welsh besieged Rothelan Castle now Radland in Flintshire and that upon King Edward's coming towards them they quitted the Siege and retired Tho. Wikes Reports it in the year 1281 and varies also from the others in the Story it self and whether any of them be true in that or not certain it is they are all false in the time as is evident from the Records hereafter cited The King 9 Append. n. 7. to the Sheriff of Norf. and Suff. Greeting Whereas Lewelin the Son of Griffin and other Welshmen his Accomplices and our Enemies and Rebels have so often in the times of us and our Progenitors disturbed the Peace of England and do still continue in the same Course And for that by the Advice of our Great Men and the whole Community of the Land we propound finally to repress their Rebellion and Instability so as it shall not be in their power to disturb the Peace of the Nation when they please altho it seems to be a very great Charge and Difficult Vndertaking We Command you that you cause to come before us on the Octaves of St. Hillary i. e. Jan. 20. at Northampton or before our Commissioners all those of your Bayliwick that have 20 l. a year and upwards who are able and fit to bear Arms who are not at present with us in our Expedition against the Welsh And Four Knights of each County for the Four Knights summoned to meet for every County For every City Burgh and Mercat Town two Men. Community of the same Counties having full power from them and also of every City Burgh and Mercate Town Two Men Duos homines for the Communities of the same to hear and do those things which on our behalf we shall cause to be shewn unto them c. Witness the King at Rothelan the 24th day of November in the 11th year of his Reign The like Precept was to the Sheriffs of all Counties in England to cause to meet c. at Northampton except to the Sheriffs of Yorkshire Cumberland VVestmerland Northumberland and Lancashire who were Commanded to cause c. to meet at York The like Precept was to the * Rot. Wall 11 Ed. I. M. 4. Archbishop of Canterbury to cause all his Suffragans Abbats Priors and other Prefects of Religious Houses Procurators of Deans and Chapters of Collegiate Churches to come before the King or his Commissioners at the same time and place to hear and do as before and further to give their Counsel and Assistance happily to finish what he had begun to the Praise and Honour of God the Magnificence of his Fame ad magnificentiam nostrae famae to the perpetual Peace and Tranquility of the whole Kingdom Witness as before The like was to the Arch-Bishop of York for the Meeting of the Clergy of that Province at York After this the King wrote 1 Rot. Walliae 11 Ed. I. M. 4. De potestate data petendi procurandi subsidium Regis in Expeditione Regis Wall The King demands a Subsidy and injoins the form of it Pope Nich. died Aug. 22. 1280 and Martin IV. succeeded Febr. 22. the same year Walsingham says it was in the year 1281 and according to Truth to the Venerable Fathers in Christ the Bishops Abbats Priors Deans Chapters of the Cathedral and Collegiate Churches of the Province of York and their Proctors To the Knights Freemen Communities and all others of every County beyond Trent that were to meet on the Octaves of Hillary or 20th of January then near at hand That for the Suppressing of the Welsh c. and Establishing a perpetual Peace in England which he intended with his whole Heart he had given Power to the Arch-Bishop of York and Anthony Bek Arch-Deacon of Duresm his Secretary to ask and procure in his Name according to the Form to them by him delivered and injoined a Subsidy to his Use of his Subjects of every Bishoprick and County beyond Trent plenam damus potestatem petendi procurandi nomine nostro juxta formam per nos eis inde Traditam injunctam subsidium ad opus nostrum c. Commanding and Requiring them to give Credit to what the Arch-Bishop and Anthony should say about the Premisses and to perform what they should propound to them on his behalf Ex parte nostra Witness the King at Rothelan the 6th day of January in the 11th of his
who signed these Acts of Court with other Witnesses Congregatis coram Edwardo Rege Angliae superiori Domino Regni Scotiae in Aula Castri de Berewico super Twedam utriusque Regni Nobilibus Praelatis ac Auditoribus memoratis aliis Magnatibus Popularibus in Multitudine copiosa praesente ibidem me Notario infrascripto cum Testibus subscriptis c. The Competitors claiming the Kingdom having had notice and summons to be there viz. Judgment given against Eight of the Competitors Eric King of Norwey Florence Earl of Holland William de Vescy Patric Earl of March William de Ros Robert de Pinkny Nicholas de Soules and Patrick Galightly not having appeared but withdrawing themselves as not having prosecuted their Petitions it was adjudged and Iudicially pronounced by the King with the Consent of the Noblemen and Prelates of Both Kingdoms That they should obtain nothing by their Petitions Consideratum est per idem Dominum Regem judicialiter pronunciatum de consensu utriusque Regni Nobilium Praelatorum quod per Petitiones suas nihil consequantur And because 4 Ibm. And against Two others John Comyn and Roger de Mundevile did not prosecute their Petitions they had the same Judgment But as to the last 5 Ibm. Petition of Robert de Brus whereby he claimed the Third part of the Kingdom for his Share as of a Partible Inheritance because it appeared by his first Petition before the King That he demanded the whole Kingdom of Scotland he thereby acknowledged and granted That the Kingdom was Impartible and one intire Inheritance Which Recognition and Concession he could not then deny and for that it had been agreed and adjudged by the Prelates Earls Barons Noble and Great Men and the whole Council of both Kingdoms That the Kingdom ought to be possessed by one Heir only because of its own Nature it was impartible as other Kingdoms therefore it was Adjudged and Iudicially Declared by the King That he should gain nothing by what was said in his Petition Et quia per Praelatos Comites Barones Proceres Magnates totumque Consilium utriusque Robert de Brus his Second Petition cast out Regni concordatum est consideratum quod praedictum Regnum uni haeredi debeat remanere pro eo quod de sui natura est impartibile sicut alia Regna Idciro per eundum Dominum Regem consideratum est judicialiter pronunciatum quod dictus Robertus ex his quae in dicta sua Petitione continentur nihil consequatur omnino The same 6 Ibm. John Hastings his Petition not allowed Judgment had John Hastings and for the same Reasons That he should get nothing by his Petition Quod nihil capiat per Petitionem suam As to the Petition of 7 Ibm. The Reasons why the Kingdom of Scotland was adjudged to John Baliol. John Baliol who demanded the whole Kingdom as his Right the King caused it again to be Examined many days by the Council of both Kingdoms and after a full Discussion it was found adjudged and agreed by all the Noblemen Prelates Auditors and Wisemen of both Nations Compertum fuit manifestè per omnes utriusque Regni Nobiles Prelatos Auditores Sapientes Consideratum Concordatum est c. That the Kingdom of Scotland was impartible and ought to remain to one Heir and because the King was Judge of the Right of his Subjects by the Laws and Customs of the Kingdoms which was approved agreed and affirmed by all the Noblemen and Prelates of both Kingdoms Quod ab omnibus Regni utriusque Nobilibus Prelatis est approbatum concordatum dictum And by the same Laws and Customs in the Case before them it was Agreed and Iudicially Declared That the more remote by Descent in the first Line was to be preferred to a nearer in the second Line in the succession of an impartible Inheritance And also That none of the Competitors denied him to be Heir of the first Line and therefore was to be preferred before all others as next Heir to the Kingdom of Scotland by Hereditary Succession And therefore the King of England as Superior and Direct Lord of Scotland Adjudged consideravit That the said Iohn Baliol should Recover and have Seisin of that Kingdom with all its Appurtenances according to the Form of his Petition upon Condition That he should rightly and justly Govern the People subject to him that none might have occasion to Complain for want of Justice nor the King as Superior Lord of that Kingdom upon the Suit of the Parties to interpose his Authority and Direction The Right of the King of England and his Heirs always Reserved in such Cases when he would make use of it And accordingly 8 Ibm. Append. n. 13. King Edw. directs his Writ to the Guardians of Scotland to give John Baliol possession of the Kingdom King Edward gave him his Writ of Seisin for the Kingdom of Scotland directed to William and Robert Bishops of St. Andrews and Glasco John Comyn James Seneschal or Stewart of Scotland and Brian Fitz Alan his Guardians of the Kingdom of Scotland to deliver him seisin thereof with its Pertinencies saving the Right of him and his Heirs dated at Berwick the 19th of November in the 20th year of his Reign Anno Regni nostri vicesimo Which was a mistake of the Clerk it should have been the 21st he beginning his Reign November the 16th With this 9 Rot. Scotiae 20 21 Ed. I. M. 7. This is the same Roll De superioritat c. there were also Writs of the same Date directed to the several Castellans and Governors of Castles in Scotland to give him possession of them The next 1 Ibm. Rot. superioritat c. He Swears Fealty to K. Edward day being the 20th of November A. D. 1292 and in the year of the Reign of King Edward ending the 20th and beginning the 21st Et Anno Regni Regis Angliae Edwardi vicesimo siniente vicesimo primo incipiente at Norham he sware fealty to him as his Liege and Superior Lord of the Kingdom of Scotland In Testimony whereof he made to King Edward his Letters Patents of the same Date His Oath of Fealty and these Letters Patents are to be found both in Latin and French in this Record Afterwards he was put into 2 Corporal possession of the Kingdom And was placed in his Throne at the Monastery of Scone at the Monastery of Scone near St. Johnstown or Perth and placed in his Royal Seat according to the Custom of Scotland Duncan Earl of Fife ought to have placed him in his Throne but being under Age John St. John was deputed by King Edward 3 Rot. Scot. ut supra M. 33. The same Roll. in Nova Creatione Regis to do it for him On St. Stephens-Day A. D. 1293 and the 21st of King Edward's Reign 4 Rot.
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
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
Kingdom who marching 2 Wals f. 87. lin 3. with a small Party towards Edinburgh the Scots who lay in Ambuscado wounded and took him with several others but a fresh Party coming up rescued Taken Prisoner and rescued and took him from those that had him Prisoner Next Year on the 10th of January A. D. 1303. beginning A. D. 1303. Pryn's Ed. I. 1020 the Year at Christmas as Walsingham always doth 3 the King of France willing to leave the Scots out of the Treaty and conclude a Peace with England King Edward gave his Letters Patents or Commissions to Amadeus Earl of Savoy Henry de Lacy Earl of Lincoln and Otto de Grandison or any Two of them dated at Odyham January 10. 3 Pryn's Ed. I f 1020 The Truce with the King of France prolonged 31 Ed. I. A Peace between the two Kings to Prorogue the Truce between him and the King of France their Kingdoms and Subjects and to settle a firm and perpetual Peace between them their Heirs and Successors against all Persons but the Pope and Church of Rome and also to the same Persons and Bishop of Worcester gave Commission on the 2d of March in the same Year to the same purpose who Treating with the Dukes of Burgoine and Britan and other Commissioners of the King of France concluded a firm Peace between the Two Kings and their Realms 4 Ibm. The Scots left out of it leaving the Scots out of the Treaty For the Confirmation whereof the King made his Letters Patents and Sealed them at the Town of St. John's or Perth in Scotland June 10. A. D. 1303. in the 31st of his Reign All the Procurations Patents and other things concerning this Peace and the Articles themselves are in a special Roll in the Tower which at the writing hereof I could have no opportunity to peruse Upon this Treaty and Peace 5 Mat. West f. 446. n. 20. Gascoigny restored to King Edward The Revolt of Flanders the cause of this Pâ—ace Gascoigne was restored to King Edward with all its Rights and Liberties as he possessed it before the beginning of the War The Revolt of Flanders from the Subjection of France which had been subdued when King Edward by reason of the Domestick Troubles and Confusion of his own Affairs at home was not able to assist the Flemmings 6 Ibm n. 30. Mezeray's Hist Fr. f. 330. contributed much to the advancement of this Peace for the French attempting to regain Flanders were every where beaten and their Armies routed and in all their Attempts had ill Success This Year the Scots armed again under the 7 Wals f. 86. n. 40. f. 87. n. 10. 20. 31 Ed. I. The Scots arm again under W. Waleys They crave Peace and have their Terms granted Sterling-Castle besieged Conduct of William Waleys and the King summoned his Militia to be at Roxburgh in Scotland on Whitsunday from whence by small Marches he went through the whole Kingdom to Cathness no Force opposing him The Scots finding they were not able to resist sent Mediators and humbly craved his Peace and that they might be permitted to compound for their Estates with them to whom they had been given both which the King granted In his Return from the North passing it by as he went he besieged Sterling-Castle which was defended against him and staid all Winter at Dumfermling not far from thence Mat. Westminster says the Great Men of Scotland as well Earls as Barons 8 f. 446. n. 40. 50. Magnates Regni Scotiae tam Comites quam Barones being wholly reduced and overcome submitted themselves to the Will of the King of England who admitted them to his Grace and Mercy imposing upon them a pecuniary Mulct appointing them Days and Years and certain Times for the payment of it This Year on the 9 Ibm. f. 447. N. 30. Pope Boniface thâ— 8th dies 12th of Octob. died with Grief and Anguish of Mind Pope Boniface VIII after he had been 1 Walsing F. 87. N. 20. f. 89. n. 10. Benedict the 11th Chosen accused by the King of France of Heresie Simony and Murder imprisoned and plundered of all his Goods and the Bishop of Ostia was chosen Pope by the Name of Benedict XI After Winter the 2 Ibm. f. 89. N. 40. King went in Person to the Siege of Sterling Castle when it was briskly plyed with Engines yet they within made a good Defence but being very hard pressed by the Besiegers the King being there all the time the Castle was Sterling Castle yielded upon Discretion A. D. 1304. 32 Ed. 1. yielded upon Discretion on St. Magaret's Day or 20th of July the Governor whereof William Olifard who had surprized it was sent to the Tower of London and others to divers Castles The King 3 Ibm. N. 50. John Segrave appointed Guardian of Scotland having thus subdued Scotland according to his Mind returned into England appointing John de Segrave Guardian of it and when he came to York 4 Ibm. The Kings-Bench and Exchequer removed to London removed the Courts of Kings-Bench and Exchequer which had been there seven Years to their old Place at London On the Seventh of July this Year died 5 Mat. West f. 448. lin 7. A. D. 1304. 32 Edw. 1. The Cardinals Nine Months in chusing a Pope Pope Benedict and in nine Months the Cardinals could not agree about the Choice of another at length they unanimously chose the 6 Ibm. f. 451. N. 10. Archbishop of Burdeaux Bertram de Angeous upon Whitsunday the Year following by the Name of Clement the Fifth Toward the latter End of the Year of the Lord 1304. and within three Months after the Beginning of the 33d year of the Reign of the King we find it Recorded upon what Terms the Scots made their Submission after their last Insurrection the Title of the Record is The Terms given to and accepted by John Comyn his Aydants and Assistants were these following in this Form These are the Things agreed on * with Monsieur Richard de Ryleys Placita Parliamentar f. 369. from the French Record there Burgh Earl of Vlster Monsieur Aymer de Valence Seigneur de Montignak Monsieur Henry de Percy Knights and John Benstede Clerk on the Part of King Edward and John Comyn of Badenagh for Himself and his Aydants of Scotland as well those that were out of it as within it For the Faithful Keeping and Observing whereof the said Earl Aymer Henry and John de Benstede in The Terms of Peace given to and accepted by the Scots the Name of the King and the said John Comyn Monsieur Edmund Comyn de Kilbride Monsieur John de Graham Monsieur John de Vaux Monsieur Godfry de Roos Monsieur John de Maxwell the Elder Monsieur Peter de Prendregyst Monsieur Walter de Berkeley de Kerdaau Monsieur Hugh de Erth Monsieur William de Erth Monsieur James de Roos and
August in the A. D. 1319. 12th of King Edward After this Indenture in the same Record we have an Account what was done in the succeeding Parlement concerning the Contents of it And now at the 2 Ibm. beginning of this Parlement 3 Rot. Claus 12 Edw. II. M. 28. in scedula The Request of the Prelates Earls and Barons made to the King in Parlement summoned on the 25th of August to meet at York three weeks after Michaelmas this Indenture was read in the presence of all assembled in the Parlement and all things in it diligently considered the Prelates Earls and Barons agreed to Pray and Request the King for the Honour of himself and the Profit of him and the Realm That for the great Business that concern him and do happen from day to day he would please to assent That Two Bishops One Earl One Baron and One Baron or Baneret of the Family of the Earl of Lancaster in his Name and for him should be present and remain with him by Quarters of the year to Deliberate The Parlement is for Proceeding according to the Indenture with and Advise him in due manner and that they might Deliberate and Advise about all considerable Matters out of Parlement until a Parlement should otherwise Determine concerning them and so as nothing of these things should be Debated without the Counsel and Assent of the Prelates Earls and others which remained with the King according to the Form of the said Indenture and if any thing was done otherwise it should be void according to the same Indenture The King understanding this Request and desiring to be Advised by all ways which may or ought to make for the Honour The King alloweth it and Profit of him and his Realm and considering that when he received the Government he found Scotland in War against him and since that there hath been War in Ireland and many other Disturbances have happened in his Dominions for which he thought it necessary to have with him the greatest and most sufficient Advice he did agree and willed to have Prelates Earls and Barons to advise him in the Form aforesaid and so as his Ministers should always perform their Offices according to the Law and Usage of the Kingdom And whereas it was contained in the Indenture That the Prelates Earls and Barons there named had undertaken by the Assent of the King That he should make to the Earl of Lancaster his People or Party and Followers Releases and Acquittances of all manner of Felonies and Trespasses against his Peace until the day of St. James this year and that the Charters of Release and Acquittances should be absolute without Condition and if better Security could be found for them in the next Parlement they should have it and also confirmed by the King and his Baronage The King by Assent of the Prelates Earls Barons and Comonalty He Pardons the Earl of Lancaster c. of his Realm in his said Parlement granted Pardon to the Earl of Lancaster and his Followers of the Suit of his Peace and whatever belonged to him by reason thereof of all manner of Felonies and Trespasses committed against the Peace unto the 7th day of August last past and Pardon of Outlawry to those that should demand it if any had been pronounced against them before the making of their Charters And Commanded the Bishop of Ely then his Chancellor That he should make Charters under his great Seal absolute and without Condition for for the Earl of Lancaster and such as he should by his Letters Name to the Chancellor Also whereas in the same Indenture it was contained That the And granted the Ordinances should be kept Ordinances should be Holden and Kept as they had passed the Great Seal the King Willed and Granted that they should be so kept and that all these things should be written upon the Parlement Roll and sent to the Chancery to be inrolled there and from thence to both Benches to be inrolled there By the 4 Claus 15 Edw. II. M. 14. Dors in cedula Hugh Despenser the Son the King's Chamberlain Award against the Despensers it appears that Hugh the Son was named and agreed to be the King's Chamberlain in this Parlement De la Moor says in the same year i. e. 12th of Edw. II. he was made Chamberlain by the Consent of the Prelates and others because they knew the King hated him yet he by Prudence and Obsequiousness soon changed his mind and obtained his Affection when they prosecuted him with the greatest Hatred 5 F. 594. lin 5. Anno igitur sequenti Praelatorum consensu aliorum quorundam Hugo Despenser filius constitutus est Regis Camerarius quem eo libentius in hunc locum promoverunt quia eum Regi Exosum The Character of the Spenser's Father and Son Cognoverunt At vero is prudentia obsequio haud multo post dirempto Regis animo eum in sui amorem facile Commutavit unde illi odio eum vel maximo prosecuti sunt Then 6 Ibm. and n. 10. speaking of his Father he Reports him to be a Person of great Integrity Wise in Counsel Stout in Arms whose Confusion and Ignominious End was caused by his Inordinate Love towards his Son a Person of a Brave Presence Proud Spirit and Wicked Life causing by his Ambition and Covetousness Widows and Orphans to be Disinherited and Noblemen to be put to Death by which he hastened his own and his Father's Destruction These are the short Characters given of both the Dispensers by this Historian and a brief Account how the Son came to be Chamberlain In the year following I have not read or seen any thing worth noting In the 14th of this King William de Braiosa a Baron in the Walsingh Hist f. 113. n. 20. The reason of the Discontent of some Barons Marches of Wales and a Spend-thrift who propounded to sell part of his Estate called Gowerland that descended to him by Inheritance to several Lords The Earl of 7 Ibm. Hereford because it was nigh his Lands agreed with him for it The Two Roger 8 Ib. n. 30. Mortimers because it lay near their Lands thought it convenient for them and knowing nothing of his former Bargain agreed with him also for the Land The Lord John 9 Ibm. Mowbray who had Married his only Daughter and Heir thought himself sure of it by Inheritance 1 Ib. n. 40. This Land held of the King in Capite and could not be sold without the King's License and lying on every side next the Lands of Hugh Despenser the Son then his Chamberlain he obtained Leave of the King to Purchase it and then bought it of the Owner 2 Ib. n. 40 50. A Confederacy between the Earl of Lancaster and a great number of Barons against the Despensers See the Revocation and Adnullation of the Process and Award against the Two Spencers
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
had imprisoned Clercs and others against the Laws of the Land his Coronation-Oath and against the Great Charter the Infringers whereof were by the Prelates of England and the Pope's Bull which he had by him excommunicated Which things he had done to the great Danger of his Soul and Detriment of his State and Honour He tells him he had pronounced Excommunicate all such about him that were Favourers of Treason Flatterers of and imposed upon him and as his spiritual Father beseecheth him to hold them as such some of which by their Sloth and Wicked Service and Advice lost Tournay And requested him to call together the Prelates Great Men and Peers of the Land to see and enquire in whose hands the Wooll Moneys and other things then remained which since the beginning of the War had been granted to him for maintaining thereof and by what means and whose default he lost Tournay and punish the Offenders in all things according to Law And as to what concerned him saving always the Estate of Holy Church and his own Order he was ready in all Points to submit to the Judgment of his Peers This Letter was Dated at Canterbury the First of January In the same Month 1 Ib. f. 151. n. 30 40 c He wrote also to the Chancellor of England to preserve the Liberties of the Church he wrote to Robert Bouser a Lay-man late made Chancellor of England in the place of the Bishop of Chichester to preserve the Liberties of Holy Church and the Laws of the Land entire And to let him know that the Ninth had levied and destreined for it upon Prelates and others of the Clergy who were not bound to pay it as those that 2 Rot. Parl. 14 Ed. III. Part 2 n. 14. 17. paid the Tenth granted to the Clergy and held nothing of the King by Barony or were obliged to come to Parlement and also exacted the Tenth of such as were bound to pay the Ninth oppressing the Clergy contra Deum Justitiam against God and Justice Exhorting and requiring him in the Lord hortamur in Domino requirimus not to permit the Religious and Clergy to pay otherwise than according to the Form of the Grant of the Taxes nor give his Advice or Assent to any thing in prejudice of the Great Charter or that might tend to the Subversion of Church-Liberties declaring if he should make out any Writ Commission or Precept to that purpose he should not omit to exercise such Power as Holy Church had permitted him He 3 Wals f. 152 n. 10 20 c. The A. Bp. declaimed in a Letter to the King all those Excommunicate wrote also to the King and his Council after this manner Domino nostro Regi Consilioque suo ac omnibus singulis dicti Consilii sui Personis monstramus nos Johannes permissiones divina Cantuariensis Archiepiscopus totius Angliae Primas sedis Apostolicae Legatus c. To our Lord the King and his Council to all and every one of them We John by Divine Permission Arch-Bishop of Canterbury and the Pope's Legate do declare all those that do Arrest Who imprisoned Clercs Clercs put them in Prison and detain them against their Wills are Excommunicated by Canon Which Sentence he published in the or oppressed the Church Church of Canterbury and caused it to be published by all his Brother Suffragans or Bishops of that Province After the Denunciation of which Sentence several Clercs there named were taken and imprisoned in prejudicium Dei Ecclesiae Sanctae in prejudice of God and Holy Church against the Laws and Privileges of all Clercs and to the danger of their Souls who did such things or gave Advice or Assent to the doing of them Wherefore he beseeched the King to preserve untouched the Rights and Privileges of Holy Church and forthwith release the Clercs and others that had been imprisoned against the Great Charter the Laws of the Land and Privileges of such as were detained And further beseeched all of the King's Council who had presumed to advise the King to commit such things qui talia committendi consilium Regi dare presumserunt not to hinder the Release of those that were kept in Prison He also declared That the King's Ministers or Officers of what Condition soever who entred the Granges Houses and other Places of Arch-Bishops Bishops Ecclesiasticks or other Religious without the Consent of their Bailiffs and took and carried away their Goods and all those that commanded these things to be done were involved in the same Sentence of Excommunication He wished the King would vouchsafe to apply a fit Remedy for he could not dissemble but that against such as his Pastoral Office required it of him by his Brother Bishops of the Province he should execute what was his and their bounden Duty Yet it was not his Intention that the King Queen or their Children should be comprehended in this Judgment or Sentence of Excommunication as far as by Law or Right they might be excused 4 Ibm. n. 50. nostrae tamen Intentionis non existit Dominum nostrum Regem Dominam Reginam aut Liberos eorundem dictis Sententiis involvi seu comprehendi quatenus de jure poterunt excusari As he had resolved 5 Ib. f. 153. n. 20 30 40 c. he wrote to all the Bishops of his Province 6 Ibm. f. 154. n. 30. and commanded them to declare Excommunicate all such as deprived Churches of their Rights or by Malice infringed or disturbed their Liberties or free Customs and those especially that violated the ancient Liberties and free Customs of his Church of Canterbury or in any manner diminished them or did any thing contrary to its Privileges Also those that disturbed the Peace and Quiet of the Kingdom or that gave Advice or Assistance to or favoured them Also those who by any Art or Trick whatsoever quacunque arte vel ingenio should violate break diminish or change any of the Liberties and free Customs contained in the Great Charter or Charter of the Forest privately or openly by Word Deed or Advice or the ancient Liberties and free Customs granted by them to the City of London should be declared Excommunicate And then he directs them to proceed in the same manner against all such as imprisoned Clercs or entred into the Houses Granges Ba c. of Arch-Bishops Bishops c. as above The King moved with this Behaviour of the Arch-Bishop 7 Ibm. f. 154. n. 30 40. â— The King's Letter concerning the A. Bp. of Canterbury and his Crimes wrote to the Bishop of London and the Prior and Chapter of Canterbury in harsh and severe Language how he had been used by the Arch-Bishop and charged him with many great Crimes as that being exalted to the Throne in his Nonage desiring to be directed by sound Counsel believing him in Fidelity and Discretion to exceed all Men and using him as the
Governor of St. Omers 8 Froysard lib. 1. c. 150. made a Bargain with Sir Amery de Pavy an Italian or Lumbard 9 Du Chesne £ 669. C. D. and f. 670. A B. The betraying of Calais Governor of Calais for 20000 Crowns to betray the Town to him of which King Edward having notice came privately thither the night or very evening the delivery was agreed on with the Prince of Wales and several Earls and Barons and lodged himself in the Castle to secure it with the Men he brought with him The Money was brought and paid and Twelâ—e Knights and an Hundred Men at Arms were let into the Castle who were all Prevented by the King and Prince of Wales made Prisoners by the King's Guards within it who lay undiscovered Sir Geofrey was under the Town with a considerable Force placed near two Gates ready to enter it when they should be opened But the mean time the Prince of Wales went forth at one Gate and the King at the other concealed under the Banner of Sir Walter Manny and fought on Foot among the common Soldiers and was engaged with the Lord Eustace of Rybemont a valiant Person who struck the King twice to his Knees yet at last Many Frenchmen of Note made Prisoners was overcome by him and made his Prisoner with Sir Geofrey de Charny and many other Frenchmen of Note The Prince likewise prevailing against the Party he engaged with and there were slain and drowned about 600 French who were double the number to the English that sallied out of Calais upon them The very evening of this day 1 Froysard c. 152. The King Treats the Prisoners and his own Nobility with a Supper the King ordered a great Supper to be provided as well for the Prisoners as his own Nobility and coming in amongst them took a Chaplet of Pearls from his own Head and placed it upon the Head of Sir Eustace of Rybemont as one that had deserved best of all Men in the Morning Action and forgave him his Ransom Froysard says this Action was done upon the 31st of December 1348 the 22d of Edward the Third and Walsingham placeth it in the year 1349 which was in the same year of the King but the difference is inconsiderable for they both begin the year on the first of January And Walsingham following Robert de Avesbury reports it to have been on the 2d of January which was indeed according to this Account in the year of our Lord 1349. The King discharged 2 Rot. Fran. 22 Edw. III. M. 1. Sir Amery de Pavy of the Government of the Town and put in Sir John Beauchamp This year the Plague first began in Dorsetshire about the first A great Plague in England of August and spread it self all over the Nation and continued until Michaelmass twelvemonth after it was so great in both years as a 3 Rot. Clause 22 Edw. III. Part 2. M. 7. Dors Parlement being summoned it was twice prorogued 4 Ib. M. 3. Dors Rot. Clause 23 E. III. Part 1. M. 19. Dors for that reason and at last respited and deferred until new Summons This was a general and horrid Plague it began in the Kingdom of Cathay A. D. 1346 by a most horrible stinking Vapour which broke out of the Earth like a Subterraneal Fire and consumed a great part of the Country and infested the Air. 5 Mezeray f. 369. From Cathay it passed into Asia and Greece from thence into Africa and afterwards into Europe and so into France and England By reason of this Plague there is scarce any thing remarkable reported to have been done in the last year thereof 1349 in either Kingdom which was the 23d of Edward the Third Yet Mr. Ashmole 6 F. 185. c. 5. Sect. 3. The Institution of the Order of the Garter in his Institution Laws and Ceremonies of the most Noble Order of the Garter would fix the Institution of the Order this year and seems to assert That the first great Feast of St. George was this year celebrated which is scarce probable for the Writ by which the Parlement that was to meet fifteen days after Easter 7 Rot. Clause 23 Edw. III. Part 1. M. 19. Dors was prorogued until new Summons because of the Raging Pestilence in the Nation is dated March the 10th preceding Easter-Day this year falling on the 9th of April and the Quinden or fifteenth of Easter being the 23d or St. George's-Day it cannot be thought that this great Solemnity to which the King sent his Heralds into Germany France Scotland Burgundy Haynault Flanders and Brabant to invite all Knights and Esquires to come and shew their Military Skill and Valour in all kinds of Feats of Arms when the Parlement was put off from meeting on that day until new Summons by reason of the Mortal Pestilence then raging as 't is expressed in Writ However this famous Order might then be instituted the Modal of it contrived and the Statutes made to adorn Martial Virtue and to increase and confirm Faith Honour and Courage in the minds of the Nobility which were then the true Endowments Practice and Badges of Military Men by the observation and performance whereof they truly acquired a great Name and Reputation as the only Men of Trust and Fidelity and not to do Honourably Justly Stoutly and Faithfully was by them esteemed the greatest Blemish Villany shame and Dishonour imaginable Of this glorious Order I shall write nothing further but leave the Reader to the perusal of the Excellent Laborious and Learned Work of Mr. Ashmole The next year 8 Avesbury p. 120. 〈…〉 74. A. D. 1350. Sir Thomas Dagworth slain Sir Thomas Dagworth the King's Lieutenant in Bretagne with a small number as he was used to do in the month of July going from place to place to visit the Garrisons was surpised by an Ambush of French and after a brave Defence killed as were most with him or made Prisoners In August following about the Feast of St. Laurence or 10th of that month 9 Ib. c. 75. as Avesbury or according to 1 F. 370. Philip King of France diâ—â— his Son John Crowned Mezeray on the 22d thereof Philip King of France died and his Eldest Son John was Crowned at Rheimes on the 26th of September following Walsingham f. 170. n. 50. falsely as appears from the Parlement Rolls hereafter cited placeth the death of King Philip in A. D. 1355 and 29th of Edward the Third The Spaniards 2 Avesbury ut supra c. 76 77. The Spaniards take many English Their Fleet beaten by the English the year before came toward Burdeaux with a great Fleet of Ships and took many English Ships coming from thence laden with Wine and killed all the Men. And this year they came upon the English Coast The King suspecting it was to waste burn and rob the Country near the Shore fitted out a Fleet taking with
the Commons if they had any Petitions of Grievances done to the People or for the amendment of the Law they should bring them into Parlement and told the Prelates and Lords they were to attend the Business of all Persons Petitions in the Places where they were assigned And then after a long 6 Ib. n. 9. Treaty and Debate by the Commons that is the 24 or 30 Persons chosen to confer with the Great Men sent to them by the King with the Commonalty and the Advice of the Great Men sent to them as well about a convenient Ayd to the King to oppose the Malice of his Adversary as about making the Petitions concerning the common People of the Land puis apres longe Trete Deliberation eues pur les Upon Treaty of the Committee and Advice of the Lords sent to them Comunes ove la Comunalte lavis de ascuns des Grantz a eux envoies sibien sur un eide que convendroit a Roi c. The Commons came before the King and all the Great Men in Parlement vindrent les ditz Comunes devant nostre Seigneur le Roi touz les Grantz en Parlement and shewed how the Common People of the Land were much impoverished by the late Mortal Pestilence as by other Burthens Taxes Taillages and many other Payments laid upon them but notwithstanding these Mischiefs having regard to the necessary Defence to be made for the safety of the Nation against so great Malice of the Enemies of the Kingdom delivered to the King in full Parlement a Roll baillerent a le Roi en Parlement une A Roll of an Ayd and the Petitions of the Commons was delivered to the King Roul c. containing as well the Ayd which they had intirely with one accord granted as the Petitions touchant la comune de la terre concerning the Commons of the Land to which they prayed the King to give a good and quick Answer bon hastif Respons He granted their Prayer and Thanked them for the great Ayds given him before and for that now granted and for the good Will and Nature which he had always found in his Commons before this time and now finds in this Affair Then follows the Grant 7 Ib. n. 10. The Ayd of Three Tenths and Three Fifteenths granted to the King this Parlement by the Great Men of the Land and the whole Commons Grantees a nostre Seigneur le Roi en cest present Parlement par les Grantz du Roialme par tote la Comune c. for the great necessity declared to the said Commons by the King and Great Men par le Roi les Grantz avantditz to be paid as the last Tenths and Fifteenths were in Three years c. upon the Conditions following To wit 8 Ib. n. 11. The Conditions of the Ayd That all the Fines Issues Amerciaments Profits and Excesses levied or to be levied upon the Labourers Artificers Regrators c. go to the Commons toward this Tax c. as in the Statutes at Large now nothing to the purpose and so the Answer That hereafter 9 Ib. n. 12. no Tax Taillage Ayds or Charges be demanded or levied of the Commons and that all the reasonable Petitions prayed by the Commons may be granted confirmed and sealed before the departure of this Parlement As to Tax and Taillage 1 Rot. Ib. The King's Answer 't is not the intention of the King or the Great Men ne des Grantz they should ever be charged As to granting their reasonable Petitions the King is pleased it should be done Also the Commons pray 2 Ib. n. 16. the Loans that were granted to the King by many Persons of the Commons may be released and none compelled to make such Loans for the future against his will for that 't was against Reason and the Franchise of the Land and that Restitution might be made to those that had made the Loans The King 3 Rot. Ib. The King's Answer is pleased it should be so Also That whereas the Justices 4 Ib. n. 17. assigned in divers Counties have judged many Men that were Arraigned before them as Traitors for divers Causes unknown to the Commons to be Treason That the King by his Council par les Grantz Sages de la Terre and by the Great and Wise Men of the Land would please to Declare the Points of Treason in that Parlement The 5 Rot. Ib. The Answer Answer was as in the Statute of the 25th of Edward the Third Cap. 2. The next year about the beginning of August Sir Walter de 6 Avesbury c. 81 82. p. 121. b. 122. a. b. A. D. 1352. 26 Ed. III. A great Victory obtained over the French in Britany Bintley the King's Governor of Britain and Parts adjoining with a small number of English in respect of the great Army a Marshal of France had encompassed them with in the Plains near the Town of Mauron obtained a considerable Victory having killed Sevenscore Knights and as many Escuyers and Men at Arms as made the number 500 besides Common Soldiers without number and many taken Prisoners according to his own Relation in a 7 Ibm. Letter to the Lord Chancellor John Thoresby Bishop of Worcester and soon after Arch-Bishop of York in which he mentions the Names of those of the best Quality that were slain or taken On the 6th of December * Mezeray fol. 372. Pope Clermont the Sixth dies Innocent the Sixth succeeds Pope Clement the Sixth died and Cardinal Stephan de Albret Bishop of Clermont succeeded him the 18th of the same month a Limosin by Birth and took upon him the Name of Innocent VI. In the 27th of his 8 Clause 27 Ed. III. M. 12. Dors A great Council summoned Reign he issued his Writs July 15 by which he summoned a great Council to meet at Westminster on Monday after St. Matthew the Apostle 9 Rot. Parl. 27 Ed. III. n. 31. or 9. The causes of it declared on the 7th of October The King Prelates and Great Men le Roy Prelates Grants being in the 9 Rot. Parl. 27 Ed. III. n. 31. or 9. The causes of it declared White Chamber les coes appellez the Commons were called and Monsieur Bartholomew de Burghersh the King's Chamberlain told them That the King thinking how he might best Ease his People who had been often charged with Impositions and great Ayds by reason of the War against his Adversary of France who detained his Rights and Heritage of the Crown of France had sent lately the most Noble and Excellent Persons of his Realm the Arch-Bishop of Canterbury the * He was created the the first Duke of Lancaster on the 6th of March 25th of Ed. III. See pat 25 E. III. p. 1. M. 18. Duke of Lancaster and other Prelates and Great Men to Guynes to Treat with the Deputies of his
and put Cheats upon him that by Delay and his great Expences he might be weary of the War The King staid and expected the French on Tuesday but none came 8 Froys lib. 1. c. 155. Du Chesne f. 674. D. Mezer. f. 373. 8 The French Writers make a contrary Story of this They say That after King Edward had ravaged and burn Bolognois and Artois as far as the Town of Hisden which nor the Castle he could not take he returned to Calais That the King of France having Rendezvoused his Army at Amiens marched to Hisden and pursued him to St. Omers and from thence sent to him Arnold de Andreghen Marshal of France and other Knights to let him know he would Fight with him Body to Body or Power to Power when and in what place he pleased which he refused returning into England and King John to Paris Before this Action of his Father 's near Calais on the Nativity of the Virgin Mary or 8th of September 9 Aves p. 125. b. cap. 93. The Prince goes into Gascoigne the Prince with the Earls of Warwick Suffolk Salisbury and Oxford with 300 Ships and a good Force in them set Sail from Plimouth into Gascoigne and in a short time after his arrival 1 Ibm. Marched to Narbon burns and destroys the Country marched from Burdeaux to Narbon seated as it was then called on the Greek Sea now the Mediterranean laid waste burnt and destroyed all the Cities Walled Fortified and other Good Towns in his March backwards and forwards except the City 2 Ib. 129. b. Tholose in which were the Constable of France the Marshal de Clermond and Earl of Armanak with a great Force to defend it The time of these Burnings Plunderings and Destroyings was two Months before the Return to Burdeaux a Journal whereof is to be seen in a Letter from the Prince to the Bishop of Winchester then Lord Treasurer Dated on A. D. 1355. 29 Edw. Iâ—I â— Christmas-Day and another more exact from Sir John Wingfield one of the Chief Actors in this Cavalcade Dated on Wednesday before Christmas-Day in Avesbury p. 127. a. b. p. 128. a. b. p. 129. a. b. p. 130. a. b. Cap. 98 99 100. now not much to the purpose to be either transcribed or translated The King having received News that the Scots had surprized Berwick surprized by the Scots the Town of Berwick as was noted by Sir William Shareshull in his Discourse to the Parlement so soon as it was ended in the latter end of November marched with a great Army toward Scotland and kept his Christmas at Newcastle upon Tine 3 Ibm. p. 131. b. cap. 103. The English all this while defended Berwick-Castle against the Scots and on the 13th of January the King being in it with Sir Walter Manny Retaken by the King the Town was surrounded with the English Army and the Port and Castle both secured by the English Navy the Scots threw themselves upon the King's Mercy and yielded up the Town For the very severe Usages and Hardships drawn up in hard The King of Scotland ill used by his People Words in the very Grants Edward Baliol King of Scotland received from the Scots and not being able to endure them or contend for the Honour and Dignity due to him from his People in his old Age and feeble Condition on the 20th and 25th Day of January at Rokesburgh Gave Granted and Confirmed for him He grants the Crown of Scotland c. to K. Edw. and Heirs to Edward King of England the Kingdom Government Title and Crown of Scotland together with the Isles and all manner of Royalties Dignities Honours Prerogatives Privileges Rights Dominions Homages Services Fees Advowsons Cities Castles Towns Lands Possessions and all and singular things which belonged to the Crown of Scotland or might any way belong to it and all his Isles Castles Cities Towns Demeasns Lands Possessions Dignities and Rights with their Apertinences in England or Galway or otherwhere within the Kingdom of Scotland to have and to hold to him his Heirs and Assigns And puts him in possession of the Kingdom and put him in possession of all these things as well by delivery of his Golden Crown as delivery of corporal Possession of the Soil of the Kingdom c. In consideration whereof King Edward was to allow him 2000 l. Sterling by the year for his Life to be paid Quarterly There were several long 4 Rot. Scot. 29 Ed. III. M. 12. Instruments made about this Grant as also an Exemplification of the main Indenture of the Agreement between the Two Kings Dated at Banburgh the 20th of February 5 Ibm. 30. Ed. III. M. 6. the Year following Also there is King Edward's Release of the Homage done to him by Edward Baliol 6 Ibm. 8. Dated the 12th of March next after at Westminster and a Proclamation That notwithstanding this Grant the People of Scotland should enjoy and be Governed by their Old Laws and Customs as before without any Change or Alteration 7 Ibm. Dated at the same Place on the 15th of the same Month. In the next Year Prince Edward 8 Wals f. 171. n. 40. marched out of Burdeaux with his Army toward the River Loire and designed such another Ravage and Destruction in the Countries on both sides of it as he had made the Year before between Burdeaux and Narbon which he had begun 9 Ibm. and Du Châ—sne f. 675. D. from Froys f. 78. a. cap. 157. Upon the News whereof the King of France went directly from Paris to Chartres where he drew Forces from Avergn Berry Burgogn Lorain Haynault Vermandois Picardy Normany and Bretagne to oppose him in the mean time guarding the Passes and breaking down the Bridges upon the Loire while the Prince took Remorentin and several other Places and Castles and had many Skirmishes with French Parties beat them and took several Prisoners on the South-side of the River before the memorable Battel of Poicters the best Description whereof is in 1 Fol. 371. A. D. 1356. Mezeray's Abridgment of Froisard's tedious Relation of it as follows While the King was at Chartres where he was drawing all his The Battel of Poictiers Forces together he was informed that the Prince of Wales with 12000 Men of which there were but 3000 Natural English had pillaged Quercy Avergne Lemosin Berry and was marching to do the same in Anjou Tourain and Poitou he thought fit to cut off his March upon his Retreat and led his Army along the Loire The Prince being advertised left the Road to Tours and retired by Poitou but he could not do it so speedily but that the King's Army overtook him within two Leagues of Poitiers The Prince finding him so near entrenched himself amongst the Vines and strong thick Hedges nigh the Place called Maupertuis Cardinal de Perigord the Pope's Legate went often from one The Pope's
Nobility Gentry and Citizens in all Places and their Violence exercised upon the Peasants the Practices of the King of Navarre against the Dauphin and Government of France by making Divisions amongst the People and driving them into Parties and Factions the Barbarity of the Plundering-People calling themselves Companions and of the Soldiers 5 Mezer. f. 76. both Foreign and Domestics who upon Truces made between the Parties were neither disbanded or paid All these robbed and pillaged one another committed Rapin without distinction wasted and burnt the Countries where they came until the Dauphin procured himself to be declared Regent of France by the Parlement at Paris 6 Ib. f. 377. in the Year 1358. and some little while after until the Nation was reduced to some sort of Settlement by that Regency and Compliance between the Regent and Parlement which had not been before The last-mentioned Truce being expired without hopes of Peace 7 Froys lib. 1. c. 201. the King of England and his Son the Prince of Wales the the King of France and James Earl of Bourbon only amongst A Peace concluded themselves Treated of and agreed upon a Peace and sent the Articles into France to the Duke of Normandy the Dauphin and Regent He assembled the Prelates Nobles and People of the Good Towns who upon debate of the Terms resolved to suffer The French refuse the Terms more than they had done and permit their King to remain Prisoner rather than to submit to such Articles as should so much lessen the Power of France King Edward at the Return of the Messengers understanding the Resolution of the French determined to enter France with such a Force as should make an end of the War or procure Peace according to his Desire K. Edward raiseth a mighty Army To put what he resolved on in execution he raised an Army such as had not been 8 Froys â— 1. c. 205. seen and sent the Duke of Lancaster before him to Calais 9 â— 174. li 5. a. 1100 Ships provided to transport that Army Walsingham says there was Eleven hundred Ships prepared at Sandwich to Transport this Army from which Port he set sail on the 28th of 1 Claus 33 Ed. III. M 9. Dâ—rs October taking with him his Four Sons 2 Froys ut sâ—pra c. 207. Prince Edward Lyonel John and Edmond 3 Wals f. 174. â—in 3 6. 7. with most of the Nobility fere Proceres omnes leaving his young Song Thomas of Woodstock not then four Years old Guardian of the Kingdom with a Council fit to perform that Charge Before his 4 Froys l 1. c. 206. The King of France and his Son sent to the Tower Passage he sent the King of France and his Son from their loose Confinement to the Tower or more safe Custody and the rest of the French Prisoners into Places of Security With this Army 5 Ib. c. 209 210 211. he marched into the middle of France laying all waste as he marched He was entring 6 Was f. 174. n. 10. K. Edward marches into the middle of France burns and wastes the Country The French sue for Peace Burgundy when the Duke met him and compounded with him for Seventy thousand Florens to spare his Country from Burning and Rapin. The French kept themselves within their Places of Strength and filled them with Armed Men and permitted the Country to be harassed and ravaged by this Army The Miseries and Desolation of the Kingdom of France at this time and in this manner urged the Duke of Normandy and Regent the Clergy Nobility and all sorts of People to be desirous of and sue for a Peace 7 Mezeray f. 380. Cardinal Simon de Langres the Pope's Legate the Abbot of Clugny and the Dauphin's Commissioners always followed King Edward's Camp and earnestly sollicited for Peace The 8 Duke of Lancaster and other Lords were inclinable K. Edw. averse to a Peace and pressed the King to hearken to it He was averse putting such Terms upon the French they could not submit to them until as 9 Lib. 1. c. 211. Was â—frighted into it by a Tempest Froysard tells the Story being before Chartres there suddenly happened such a Tempest of Thunder Lightning Rain Hail and Stones that it killed many of his Men and Horses when turning towards our Lady's Church there and stedfastly beholding it he made a Vow to her to Consent to Peace And being then Lodged in a Village called Bretigny near Chartres Commissioners were appointed on both sides to Treat there accordingly This Famous Treaty of Bretigny was managed by 1 Rot. Cales de negotiis comunibus 3. a. Ed. III. M. 6. the Prince of Wales and Charles Regent of France in the Names of both Kings Commissioners for the English were Sir Reginald de Cobham Sir Bartholomew Burghersh Sir Francis Hale Banerets 1 Rot. Fran. 34 Ed. III. M. 11. Dors The famous Treaty of Bretigny Sir Miles Stapleton Sir Richard la Vache and Sir Neel Loring Knights with others of the King's Council On the French Party were the Elect of Beauves the Chancellor Charles Lord Momerency Monsieur John de Meingre Marshal of France Monsieur Aynart de la Tour Lord of Vivoy Monsieur Ralph de Ravenal Monsieur Simon de Bucy Knights Monsieur Stephen de Paris and Peter de la Charite with many others of his Council named by King John himself These Commissioners on both sides 2 Mezeray f. 380. A Peace made in 8 days met the first of May at Bretigny aforesaid within a Mile of Chartres and concluded upon all the Articles of this Peace in eight Days time which do here follow Translated from the French with Notes where they were afterwards altered and corrected by the Two Kings at Calais Edward Eldest Son 3 Rot. de Tract at pacis Fran. 34 Ed. III. M. 10. See also Leibnitz Codex juris Gentium from f. 208 to f. 220. to the King of France and England Prince of Wales Duke of Cornwal Earl of Chester To all those who shall see these Letters Greeting We make you know That all the Debates and Disorders whatsoever moved or stirred between our Lord and Father King of France and England on the one Part and our Cousins the King his Eldest Son Regent of the Realm of France and all those it may concern on the other Part. For the Good of Peace it is Agreed the 8th Day of May 1360. at Bretigny near Chartres in the manner following 1. First 4 Ibm. That the King of England with what he holds in Gascogne and Guyen shall have for him and his Heirs for ever all those Things which follow to hold them in the same manner the King of France or his Son or any of his Ancestors Kings of France held them That is to say Those in Soveraignty in Soveraignty and those in Demain in Demain according to the time and manner
And We King of England aforesaid having seen and considered the said Treaty made in our Name and for us for the Good of Peace and for as much as it concerns us do Agree unto Ratifie Confirm and Approve all Things above-written and by our Royal Authority with the Deliberation Counsel and Consent of many Prelates and Men of Holy Church Dukes Earls as well of our Linage as others and many Peers of England as of other Great Barons Noblemen Burgesses and other Subjects of our Realm do Consent to and Confirm the said Treaty and all Things contained in it And we Swear upon the Body of Jesus Christ in the Word of a King for us and for our Heirs to Observe Accomplish and Keep it without ever doing any thing to the contrary by our self or others And that we may firmly and perpetually maintain and keep the Things above-said and every one of them we bind Us our Goods present and to come nos biens presens advenir our Heirs and Successors to the Jurisdiction and Coertion of the Church of Rome Willing and Consenting that our Holy Father the Pope may Confirm all these Things by giving General Monitions and Commands for the Accomplishment of them against Vs our Heirs and Successors and against our Subjects Communities Colleges Vniversities or particular Persons whatsoever in pronouncing Sentences General of Excommunication Suspension and Interdict to be incurred by us and them so soon as we or they shall attempt or seize on Fortresses Towns Castles or other Things whatsoever or shall Do Ratifie or Agree unto any thing or shall give Counsel Favour Comfort or Aid secretly or openly against the said Peace From which Sentences none to be absolved until they have given full Satisfaction to all those that shall sustain Damage by such Practices And further That this Peace may be more firmly kept for ever We Will and Consent That all Agreements Confederations Alliances and Covenants howsoever they may be termed any way prejudicial to the said Peace at present or afterward supposing they be valid and confirmed by Penalties or Oath or ratified by our Holy Father the Pope or others they shall be cassated and made null and void as contrary to Common Good and a Peace Common and Profitable to all Christendom and Displeasing to God And all Oaths made in such case shall be released and our Holy Father the Pope shall decree by his Letters That no Man shall be bound to keep such Oaths Alliances or Covenants and prohibit that no such or the like be made for the future And if any one shall do to the contrary it shall at that very moment be null and void and nevertheless we shall punish them as Violators of the Peace in their Bodies and Goods as the Case and Reason shall require And if We shall do or procure or suffer any thing to be done to the contrary which God forbid we will be holden and reputed False and Perjured and we shall be willing to incur such Blame and Infamy as a Crowned King ought to incur in such case And We will cause the Things above-said to be Sworn unto Kept and Observed by Our most Dear Eldest Son the Prince of Wales and Our Younger Sons Leonel Earl of Ulster Edmond of Langley and Our Cousins Monsieur Philip de Navarre the Dukes of Lancaster and Bretagne the Earls of Stafford and Salisbury the Lord of Manny Guy de Brian Reginald de Cobham the Captal de Bruche the Lord of Montferrat James Audley Roger de Beauchamp Ralph Ferrers Captain of Calais Eustace Dambreticourt Frank van Hall John de Moubray Henry de Percy Nicholas de Tamworth the Lord of Cominges Richard de Stafford William Grandison Ralph Spigurnel Gaston de Greyly and William Burton Knights And We will also cause to be Sworn in like manner so soon as We can our other Children and the greatest Part of the Churches Earls Barons and other Noblemen of our Realm Given or Dated at our Town of Calais under the Testimony of our Great Seal the 24th of October in the Year of Grace 1360. Many Authentick Transcripts of Instruments or as they were Transcripts and Originals of many Instruments concerning the Treaty and Peace at Bretigny where to be found then called Letters concerning this Peace at Bretigny there are upon the Rolls in the Tower of London in the 34th and 35th Years of Edward III. most of the Originals whereof under the Great Seals of both Kings and their Eldest Sons are to be found in a thick long Box with this Title Hiâ— continetur Pax fact a Cales inter Reges Regna Angliae Franciae die 24 Octobris Anno Domini 1360. within a great Chest in the Chapter-House at Westminster some of which are here briefly noted The Articles of Peace uncorrected being the same concluded The Contents or a short Account of them 5 Append. n. 93. at Bretigny the 8th Day of May preceeding which the King of France delivered to the King of England at Calais the 24th of October 1360. with the Attestation of the Abbat of Clugny the Pope's Nuncio that they were delivered in his Presence Dated the 25th of the same Month part of the Label of the Seal remaining at it The Articles corrected at Calais owned by the King of France and his Son and delivered to King Edward Octob. 24. in the Presence of the same Nuncio 5 Androynus Abbat of Clugny whereof his Certificate bears Date the next Day at the same Place with the Articles recited in it and his Seal hanging to it with a Parchment Label The Articles of Accord between King Edward and John King of France about the Delivery of Countries Fortresses Castles Towns and Places one to another according as they are named in the Treaty of Bretigny and according to the 29th Article of that Treaty the 7th 11th and 12th Articles thereof not being mentioned in this Agreement King Edward to deliver them to King John c. at or before Candlemas next following the Date thereof and King John to him within a Month after with the Hostages Names on either side to be given for Performance and the Names of such as Sware to it on the Part of the King of France Sealed with his Seal at Calais Octob. 24. 1360. Par le Roy J. Math. In these Articles King Edward's Letter of the same Accord is recited The King of France his Letter of Renunciation Testified by the Pope's Nuncio the Abbat of Clugny in which the Renunciation it self is recited Dated at Calais October 24. the Nuncio's Testification bearing Date at the same Place the Day following with his Seal hanging to it by a Parchment Label Note That by Renunciation is meant the Delivery Releasing Cession from and Transferring of Countries Cities Towns Castles and Fortresses with their Rights and Appertenences from and by one King to the other The Attestation of the Pope's Nuncio of the Peace concluded between King Edward and King John
Grievance to be That any Stranger might have a House and dwell in the City be a Broker and buy and sell all sorts of Merchandises by Retail and Stranger sell to Strangers that they may again sell the same Goods to others to the great raising the Price of Merchandises and making them Dear Whereas in times past no Strange Merchant used any of these Practices against the Franchises of the City by which the Merchants of the City were much impoverished the Navy or Shipping much impaired the Private Transactions of the Nation discovered by those Strangers to his Enemies by Spies and others lodging in their Houses And then pray it They pray Remedy would please the King and his good Council in Charity to order in that Parlement that Merchant Strangers should be restrained in these Practices and that the Major Aldermen and Commons of the said City might enjoy their Franchises notwithstanding any Statute or Ordinance made to the contrary The King's Answer was 1 Ibm. Ro. The King's Answer upon Condition c. That upon Condition the City might be under good Government to the Honour of him and Profit of the Kingdom from thence forward no Stranger should have a House to be a Broker nor Sell any Goods by Retail within the City or Suburbs notwithstanding any Statute or Ordinance to the contrary saving to the German Merchants of the Haâ—s-Towns their Franchises Granted and Confirmed to them His Letters Patents to the same purpose by the King and his Progenitors According to the Purport and Effect of this Answer the Major Aldermen and Citizens of London obtained the King's Letters Patents Dated the 4th of November next following The Commons Petition the King That whereas great Riots 2 Ib. n. 164. The Commons Petition against Riots were committed in several parts of the Nation by great numbers of Armed Men that the Sheriffs might raise the Posse Comitatus or Power of the County to suppress them and that the Sheriffs and Justices of Peace might inform the King's Council of such Rebels de tiels Rebelles as refused to go with them The Answer was 3 Ibm. Ro. The King's Answer The King by Advice of his great Council would order Remedy if need were but in the mean time let the Statutes concerning that Matter be put in due Execution This Parlement ended July the 6th in the 50th of Ed. III. Whether the Two Kings sent their Commissioners to Bruges on the 15th of September 1375 as was agreed on or if so what was done then I find not however the Truce continued for in The last Truce continued the next year in a Commission to Thomas de Felton Seneschal or Steward of Aquitan and others Dated the 28th of May in the 50th of Edward the Third for Reforming whatever had been done against the Form of the Truce in that Dutchy and punishing the Offenders it appears that the Truce had then been lately renewed and prolonged from the last day of June next coming when it was to have ended to the first of April which should be in the year 1377 or 51st of Edward the Third Holinshed Fol 411. col 1. n. 60. says it was again continued to the first of May and then the War opened But the King many months before the Expiration of the Truce The King of France designing against King Edward had notice of a Design forming against him by the King of France having made an Alliance with Spain and Scotland to that purpose wherefore on the first of December in the 50th of his Reign he issued 4 Clause 50 Ed. III. M 6. Dors Part 2. He calls a Parlement Writs for a Parlement to meet on the Quinden of St. Hillary or 27th of January next coming at Westminster which was held by Commission to the Prince of Wales then about 10 years of Age the Bishop of St. Davids being Chancellor Who 5 Rot. Parl. 51 Ed. III. n. 11 12 13 The Declaration of the Causes of Summons in his Declaration of the Causes of Summons moved the Lords and Commons to a due Love Affection and Obedience toward the King and his Grandchild the Prince of Wales and then tells the chief Cause of Summons was for the Defence of the Land for that the King having at the Request of the Pope agreed to a Treaty of Peace and that there was a Truce made for a time while a Peace might be made which Truce his Adversary of France had broken and was preparing for War and by the assistance of Spain Scotland and other Enemies to destroy the King Kingdom and English Language To obviate this Design and the Malice of his Enemies and to Maintain the Peace of the Nation within and without by their Counsel and Advice was his great Intention as also to know how the Expence of the War should be provided for and for that it was not fit for a Bishop to say any thing against the Pope Monsieur Robert de Ashton Chamberlain to the King was appointed to propound how further Provision might be made against his Vsurpations as should by a Bill be shewed in this Parlement At another 6 Ib. n. 18. meeting of the Prelates Lords and Commons in Parlement the Commons in the King's Name were directed to go to their Old Place the Chapter House of the Abby of Westminster there to treat and advise how due Resistance might be made to the Enemies of the Nation for the safety of the King Kingdom Navy and themselves and how Money might be most speedily raised to the least Grievance of the People The Prelates and Lords Treating likewise about the same Matters there was A Committee of Lords appointed by Parlement to Treat with the Commons assigned in Parlement to have Conference with the Commons for their better Information the Bishops of Lincoln Chichester Hereford and Salisbury the Earls of Arundel Warwick Salisbury and Stafford the Lords Percy Roos Fitzwalter and Basset To Maintain his 7 Ib. n. 19. Wars considering the great Charges the King was to be at for them the defence of the Kingdom and otherwise the Lords and Commons Grant him Four pence of the A Tax granted Goods of every Person des biens de chescune persone of the Kingdom Male and Female above Fourteen years of Age except very Beggers and most humbly pray their Liege Lord he would please to excuse them that they could grant him no greater Subsidy being most willing to have done it but that they were so impoverished of late by great Losses at Sea as otherwise pur grands perdes sur la meer come autrement that they were unable at present And the Commons 8 Ib. n. 20. Treasurers for the Tax prayed the King he would please to Name Two Earls and Two Barons that should be Treasurers as well of this Subsidy as of that the Clergie was yet to grant and also of the Subsidy of Wool Pelts and Leather
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
Prey About this time the Duke of Lancaster desired to have the Money The Duke of Lancaster equips a great Fleet. granted the last Parlement upon promise to secure the Kingdom from Invasion of all Enemies for one Year and to do some other great Good to the Nation which at length he obtained and provided a great Fleet and also for his Assistance hired Nine Ships at Bayon which in coming hither encountred a Fleet of Spaniards and took Fourteen Ships laden with Wine and other Merchandise Henry the Bastard that called himself King of Spain hearing Henry the Bastard King of Spain prepares a great Fleet to opposehim what those of Bayon had done and that the Duke of Lancaster was putting to Sea with a great Fleet and Force fearing him by reason of his Title to his Kingdom prepared a great Navy to oppose him and if he could to take him Prisoner The Duke The Duke delayed his putting to Sea The English Fleet beatenâ— by the Spaniards delayed the time of his putting to Sea the Chief Officers of the Fleet were disturbed at it and sailed without him and having been some days at Sea met the Spanish Fleet by which they were beaten and Sir Hugh Courtney a Famous Soldier taken with many others This Misfortune says Walsingham was imputed to the Duke for that he made such long Delays but whether he was in Fault knew not And while he was thus Dilatory John Mercer a Scot with a Ships taken out of Scarburgh Haven by John Mercer a Scot. J. Philpot sets out Men of War at his own Charge Takes Mercer with all his own and 15 Spanish Ships that had joined him Was questioned for it but discharged small Force of French Scots and Spaniards took some Ships in Scarburgh Haven killing some of the Mariners and carried them with him to Sea John Philpot a rich Citizen of London considering the Negligence if not the Falsity of those who were to defend the Nation and provide against such Inconveniencies at his own Charge set out some Men of War which met with Mercer and 15 Spanish Ships that had joined him and behaving themselves bravely took him and all the Ships with him recovering the Ships that were taken at Scarburgh and taking great Riches in the Spanish and other Ships John Philpot was taxed by the Lords for presuming to set forth Men of War without Advice of the King's Council but he made such a Defence before the Earl of Stafford and others that called him to account as he was suffered to depart without further Trouble for that matter Still the Duke delayed his going to Sea it not being known for what Reason until the Spring and beginning of Summer were over but by his Persuasion the Earls of Salisbury and Arundel set sail and landed in Normandy who compounded with the King of Navarre then become Enemy to the King of France for the Town and Port of Cherburgh then very considerable in The King of Navarre sells Cherburgh in Normandy to the English The Duke of Lancaster puts to Sea Lands in Britany Returns ingloriously which was placed a Garrison of English and so the Earls returned At length the Duke of Lancaster went to Sea and with him the Earls of Buckingham Stafford Warwick and others of the English Nobility with a great Force they landed in Britany where Sir Robert Knolls burnt several Towns and lost many of his stoutest Men. The Duke besieged St. Malo but it was so well defended as he raised the Siege and returned home Walsingham says at first the Townsmen would have yielded so as the Town might have been preserved from being burnt and plundered The Duke would not accept it but upon Discretion and that he might do with it what he pleased In the mean time the French landed in Cornwal and burnt Fowey or Foy and The French land in Cornwal Burn Foy and other Towns A Truce between the English Scots who had burnt Roxburgh c. and several other Towns without Resistance The Scots taking the Advantage of the present time burnt Roxburgh and spoiled the Country thereabout whereupon a Truce was made between the English and them for some time On 8 Rot. Parl. 2 Ric. II. n. 1 2. Part 1. A Parlement at Glocester The Scots make Alliance with the French Thursday the 21st of October it having met the Day before the Parlement sate at Gloucester in the Great Hall of the Abby there The Bishop of St. Davids then Lord Chancellor declared the cause of Summons wherein he took notice of what had been done by the Scots at Roxburgh and that since 9 Ibm. n. 7. notwithstanding the Truce they had made Alliance with the French against England Next Day Monsieur Richard le Scrop Steward of the Houshold enlarged upon the Causes of Calling the Parlement and making excuse for his own Inability 1 Ibm. n. 15. Declaration of Summons told the Prelates Lords and Commons as the Chancellor had said before That the Nation was encompassed with Enemies who daily encreased That the Ports of Cherburgh and Brest which of a long time had not been in the hands of the English besides Calais Burdeaux and Bayon with the Countries about them were very chargeable to maintain Calais with its Marches or Limits about it stood the King in 24000 l. every Year and Brest 12000 Marcs and the other three Places according to the same Rate Afterwards 2 Ibm. n. 16 The Speaker's Request and Protestation in behalf of himself and Commons Sir James Pickering Speaker of the House of Commons with the Commons came before the King Prelates and Lords in Parlement puis le Comunes reviendrent devant le Roy les Prelates en Parlement illoeques Monsieur James de Pickering c. making Protestation as well for himself as for the whole Commons of England First for the Commons That if he should utter any thing to the Prejudice Damage Slander or Disgrace of the King or his Crown or in lessening the Honour or Estate of the Great Lords it might not be taken notice of by the King and that the Lords would hold it for nothing as if nothing had been said primerment pur la dite Comune que si per cas il y dist choses que purreit soner en Prejudice Damage Esclandre ou Villaine de nostre Seigneur le Roy ou de sa Corone ou en anientisement del Honour Estate des Grants Seigneurs du Roialm que ce ne feust acceptez par le Roy les Seigneurs eins teâ—â—â— pur nul come Riens nent este dit for that the Commons soveraignly desired soveraignment desirent to maintain the Honour and Estate of the King and the Rights of the Crown in all Points As also to preserve the Reverence due to the Lords in all Parts So much for the Commons For his own Person he made Protestation That if by Indiscretion he
Meeting 3 Ib. n. 3 4. The Cause of Summons saying it could not be unknown to them That the Earl of Buckingham had been sent over into France with an Army which had cost the King more then was given him last Parlement besides the Expedition into Scotland the Defence of The King's Necessities and great Charge Forced to Pawn his Jewels Guien and his Charge in Ireland had put him to so great Expences as he had been forced to pawn his Jewels the Subsidy of Wooll's coming to little by reason of the present Riot or Confusion in Flanders That the Soldiers in the Marches of Calais Brest and Cherburgh were in Arrear more then Three months and there was fear they might desert for want of their Pay That they were to Consider the King was mightily in Debt That he was bound by Covenant and Indenture to pay the Earl of Buckingham and others in that Expedition for another half year which was near ended and that the King was to be at a very great Charge for Guarding the Coasts And at last desires them to Advise the King how this Charge might be born with the most Ease and the Kingdom best defended against all its Enemies by Land and by Sea in as short time as they could And when the 4 Ib. n. 10. The Commons with with their Speaker in presence of the King Prelates and Lords Desire to know what Sum was demanded to supply the King's Necessity Commons had Treated one day about their Charge Et Apres les dites Comunes avoient entre comuner tretes un jour de lour dit charge they returned into the Parlement in presence of the King Prelates and Lords and there Monsieur John Gildesburgh Kt. their Speaker demanded a more clear Declaration of what had been said to them and especially what Sum they would demand to support the Charge praying no more might be required then was necessary illoeges Monsieur Johan Gildesburgh Chivaler quavoit les paroles pur la Comune demandast de par la Comune illoeque davoir pluis clere Declaration de leur dite per especial de la some totale quelle leur verroit ore demander pur les ditz charges supporter empriantz que celle somme fuist tielment modefiez que pluis ny fust demandez que ne convendroit necessairement for that the Commons were poor and of small Estate to bear the Charge any longer 5 Ib. n. 11. The Sum demanded was 160000 l. whereupon a Schedule was delivered in by the King 's great Officers and Council containing the Sums necessary which amounted to One hundred and sixty thousand Pounds Sterling The Commons pray 6 Ib. n. 12. The Commons think it an Outrageous and importable Sum. And pray the Prelates and Lords would Treat and Propound the Ways how a portable Sum might be levied the King and Lords la Comune empriantz a nostre Seigneur le Roy as Seigneurs du Parlement for that they thought the Sum demanded was much outrageous que la somme de eulx ore demandez si est moelt outrageous and importable That they would use such moderation as nothing might be demanded but what was portable and necessary now to have for the Causes above set forth And further they pray That the Prelates and Lords would Treat by themselves about the Matter and propound the Ways by which any such Sum portable might be levied and collected After the 7 Ib. n. â—3 The Lords cause the Commons to come before them Lords had advised about the Matter they caused the Commons to come before them ils firent la Comune venir autre foitz devant eulx and told them what they had thought on First That a certain Sum of Groats might be granted of every Person of the Kingdom Males and Females the more sufficient to help the less sufficient Secondly if that pleased And propound several Ways of raising Money to them not to have for a term an Imposition upon all manner of Merchandises bought and sold thro the Realm every time they should be sold to be paid by the Vendor And Thirdly Their Advice was to raise a certain Sum by Tenths and Fifteenths But because the last were very grievous to the poor Commons a la poure Comune and that Impositions had never been tried before nor could it be known to what Sum they would rise nor in what time a notable Sum might be raised and therefore the Lords pitched upon the Groats and propounded four or five to be levied upon every Person as above so as the most able might be constrained to assist the less able This way of Tallage seeming to them the best and most easie The 8 Ib. n. 14. The Commons desire One Third of the Tax might be born by the Clergy Commons when they had a long time Treated upon the manner of the Levy they came into Parlement and made Protestation they came not to grant any thing that day but they thought if the Clergie would support a Third part of the Charge they would grant 100000 l. to be raised by a certain number of Groats so as the Laity might pay 100000 Marks and the Clergie 50000 for that they possessed a Third part of the Kingdom and prayed the King and Temporal Lords to move it to them speedily to resolve and take upon them the Charge To which the Clergie 9 Ibm. The Clergy claim the Liberty of the Church and affirm their Grants ought not to be made in Parlement Replied That their Grants were never made in Parlement nor ought to be and that the Laymen neither ought or could constrain them in that Case and claim the Liberty of the Church which it had enjoyed before that time and desire the Commons might be charged to do what they ought and were bound to do come ils deivent sont Tenuz del faire and they would do in the present necessity as they had done before At last the 1 Ib. n. 15. Three Groats granted upon every Person Lords and Commons agreed to give Three Groats of every Person of the Kingdom Males and Females of the Age of Fifteen years of what Condition and Estate soever they were except very Beggars The Sufficient People in every Town to contribute to the assistance of the less able so as none paid above Sixty Groats including those for himself and Wife The whole to be for the Support of the Earl of Buckingham and the other Lords and People with him in Britan and for Defence of the Kingdom and Safeguard of the Sea Two parts to be paid Fifteen days after St. Hillary and the other at Whitsunday next after No Knights Citizens or Burgesses of this Parlement to be Collectors of this Money but that the King would order thro the Kingdom such as should equally levy it according to the meaning of this Grant Toward the latter end of this Fourth year of Richard the
Second Many Riots and Insurrections in the Nation there happened many Riots Insurrections and Rebellions in many places of the Kingdom The Historians tell us this Three Groat Tax and the Insolence Incivility and Rudeness of the Collectors to young Maidens was the cause of them They The Three Groat Tax the supposed cause of them might at first be the pretence and give occasion to put in execution what the Leaders and Contrivers of the intended general Insurrection of the Villanes Natives Bond-Tenents and Clowns designed in the First of this King the Demands and Practices of these Men being built upon the same foundation These Insurrections began first in Kent and Essex In Kent under They began in Kent Essex Wat Tiler Jack Straw the Leading of Wat Tiler in Essex under the Conduct of Jack Straw The 2 Wals f. â—47 n. 40 50. f 248. A. D. 1381. Bulk of the People were Villains Bond-Tenants Country Clowns such as were in Debt and knew not how to satisfie their Creditors and Criminals who feared the Severity of the Law The Kentish Rebels Rendezvoused upon Black-heath to a vast number on 3 Ibm. f. 249 250 251 252 253 c. Their Pretences Wednesday June 12. Their Pretences were Liberty changing the Evil Customs of the Nation and cutting off the Heads of all the Lawyers great and small and all that had any Offices in the Law or Relation to it any way where-ever they could find them for that the Nation could not enjoy a true Liberty until they were killed 4 Ibm. The King sent to them to know the Reason of that Commotion and the gathering together of such a Multitude They told the Messengers they met to speak with the King about certain matters and ordered them to go back and let him know he must come to them and hear what they desired Some about the King persuaded him to go forthwith The Arch-Bishop of Canterbury Simon de Sudbury then Chancellor and Sir Robert Hales Prior of St. Johns of Jerusalem then Lord Treasurer earnestly dissuaded him moving him rather to think of suppressing than going to speak with such a Rabble about Business 5 Ibm. Of which these rude People having notice they threaten to cut off their Heads And forthwith marching towards London came to Southwark where they pulled down 6 Froys c. 383. Their Practices Houses brake open the King's Prisons and let forth the Prisoners who joined with them The Bridge-Gate was shut against them but by the Assistance of their Friends in the City and by their Menaces and Threatnings of the Citizens if they had not free Passage into the City the 7 Ibm. Wals ut supra Gates were opened and they passed backwards and forwards into and out of the City as they pleased giving out they came only to search for Traytors to the Kingdom and at that time paid for what they called for which got them Reputation with the low and ordinary Citizens of whom a great many joined with them Next Day which was the Feast of Corpus Christi or 13th of June they marched through the City to the Savoy the Duke of Lancaster's House whom they called Traytor and hated above all Men This 8 Ibm. House they burnt and beat down and destroyed all the rich Furniture throwing his Gold and Jewels into the Thames as likewise all his Plate first breaking it into small pieces and made it by Proclaclamation Capital for any one to retain any thing to his own use that they might shew the People what they did was not out of Covetousness 9 Ibm. From hence they went to the Temple then an Habitation for Lawyers this they demolish and burn all their Books and Papers with the Records that were there kept 1 Ibm. From this Place they go to Clerkenwell where they destroy all the Goods in the Hospital of St. John and set fire on that Magnificent Building 2 Ibm. They now divided themselves into Three Bodies one went to Heybury a Mannour belonging to the Hospital of St. Johns near London where they were busie in destroying and plundering all the Goods belonging to it and pulling down a Noble House that stood there 3 Ibm. A second Body of them which were most of Essex and the Countries adjoining lodged themselves upon Mile-end-Green and the third about St. Katherines and Tower-hill Next Day being Friday and June 14th 4 Frâ—â—s c. 384. Wals â—t supra the King with several Noblemen went to Mile-end-Green and telling them he was their King asked those People being about 60000 what they would have They told him They desired he would make them free themselves their Heirs and Lands and that they might not be called or reputed Bond-men The King granted their Desire on condition they would return home and leave Two or Three only of every Parish or Town to stay and bring with them their 5 Append. n. 103. Charters of Freedom Sealed with the Great Seal which should contain what they demanded With this and with mighty and most quick Dispatch having received some of their Charters they were satisfied and went to their own Places and Countries At the very same time 6 Froys Wals ut supra the Kentish-men and those with them who placed themselves on the Tower-hill and about St. Katherines went into the Tower the Gates being open without Resistance though there were in it 600 Archers and 600 other Armed Men who were so terrified and astonished at the Number Noise and Practices of this vast Multitude that they never regarded who went in or who went out from whence they took out the Arch-Bishop of Canterbury Lord Chancellor Sir Robert They cut off the Heads of the A. Bp. of Canterbury Sir R. Haleâ— c. Hales Lord Treasurer John Leg one of the King's Serjeants at Arms and a Franciscan Frier and upon Tower-hill cut off their Heads After this they went into the City and cut off the 7 Ibm. Heads of many English and Flemings there They drew out of the Church of the Augustin Friers 13 Flemings and out of other Churches 17 more and cut off their Heads in the Streets that being their only way of Murther with mighty Shouts and Rejoycing Next Day being the 15th of June 8 Ibm. they began to do as they had done the Day before cut off many Heads pull down and burn Houses The King then sent to them to let them know their Companions at Mile-end-Green upon their receiving Charters of Freedom were separated and gone home to live quietly with offer to them of Charters according to the same Form if they would accept them 9 Ibm. Wat Tiler their Great Leader replied He would embrace Peace if he liked the Conditions Thinking this way to have delayed the King and Council so as that Night he might have put his Design in execution which was to kill the King and
vast Number of such People under the Conduct of John Littister a Dier of Norwich took upon them the same Pretences and were the very same in all their Actions These compelled the Lord Scales Sir William Morley Sir John Brewes Sir Stephen Hales and Sir Robert de Salle to remain with them who seemed to do and allow what they did except Sir Robert Salle who publickly condemning and abhorring what they did had his Brains beat out The other were Litister's Favourites who now called himself King of the Commons who had his Royal Who stiled himself King of the Commons and had his Royal Officers Officers amongst whom Sir Stephen Hales was his Carver These Rebellious People whether they were wearied with or repented of what they wickedly had done and confidered what they must do sent Two of the Knights Sir William Morley and Sir John Brewes with Three of their own in whom they put most Confidence to the King where-ever he should be to obtain a Charter of Manumission and Pardon and that it might be more large than the Charters granted to other Counties They had given them a great Sum of Money which had been received of the Citizens of Norwich to preserve their City from Burning Slaughter and Plundering that they might thereby obtain what they desired Henry Spencer 2 Ibm. n. 50. f. 264 n. 10 20 30 40. The Conduct Courage and Bravery of H. Spencer Bishop of Norwich Bishop of Norwich being then in Rutlandshire hearing of this Insurrection in Norfolk was coming thither with eight Lances only and a few Archers at Icklingham near Barton-Mills he met with the Two Knights and their Three Companions going to the King and upon strict enquiry finding out the Three Traitors he presently caused their Heads to be cut off and proceeded into Norfolk where the Military Men and Gentlemen came to and marched with him to North-Walsham where the Rebels were encamped he with the Force he had with him being the first Man that charged the Enemy affaulted their Trenches and obtained the Ditch The Fight was sharp for a while but the Rabble soon fled In the pursuit many of them were killed Litister The chief Movers of this Rebellion drawn hanged and beheaded and the Chief Movers of this Rebellion were taken who were Drawn Hanged and Beheaded with many others thro' the whole Country by which means it was reduced into a peaceable Condition 3 Col. 2639. n. 10. Knighton says this Martial Bishop did the same things in Cambridge and Huntington-shires if so 't is more than probable he also reduced those of Bury St. Edmonds and the whole County of Suffolk being part of his Diocese into good Order Commissions of Oyer and Terminer The Countries where these Insurrections and Tumults were being now pretty quiet Commissions of Oyer and Terminer were Issued for the Trials of the Chief Contrivers and Managers of them 4 Wals f. 267 n. 10 20 30. for the Trial of the Rebels Those taken in London tried before the Lord Major J. Straw and others beheaded Those of London and such of Kent Essex Sussex Norfolk and Suffolk as were found within the Liberties of the City were Tried before the Lord Major of whom the Chief were John Straw John Kyrkeby Alan Treder and John Starling who Gloried that he Murthered the Arch-Bishop These had their Heads cut off and several others not named At St. Albans 5 Ibm. f. 276. n. 30 40. Gryndecobbe Cadyndon John the Barber and 15 others hanged at St. Aâ—bâ—â—s William Gryndecobbe William Cadyndon and John the Barber with 15 others were Condemned Drawn and Hanged Of the Chief Men of the Town were Imprisoned Richard Walyngford John Garlek William Berewill Thomas Putor and many other of the ordinary sort Of the Country were imprisoned 80 Persons who afterwards by the King's Mercy were set at liberty John Ball 6 Ib. f. 275 276. John Ball a Priest hang'd drawn and quartered also a Priest was taken at Coventry and brought to St. Albans where he was adjudged to be Hanged Drawn and Quartered and was executed on the 15th of July having been some Days Reprieved by the Mediation of the Bishop of London 7 Ib. f. 275. n. 10 20. His Speech on Black-heath to the Malefactors This Man had Preached to please the People above Twenty Years He made a Speech to the vast Multitude of Malefactors at Black-heath and took for his Subject the Old Rime Whan Adam Dalfe and Eve Span Who was than a Gentleman From which he inferred 8 Ib. n. 30 40. The Heads of his Speech That by Nature all Men were equal That Servitude was introduced by the injust Oppression of Wicked Men against the Will of God for if God had intended to have created Servants in the beginning of the World he would have appointed who should have been Servants and who Lords or Masters advising them to consider that then was the time given them by God in which they might shake of the Yoak off Servitude if they would and enjoy their long-desired Liberty And to this end further advised them to be Stout and hasten to procure it first by killing all the Great Men of the Kingdom then the Lawyers Justices and Jury-men and lastly to destroy all such as they knew would be injurious to them for the future So as then they might acquire Peace and Security and there would be equal Liberty the same Nobility the like Dignity and the like Power amongst them This Speech with the 9 Ibm. f 265. n. 20 30 40. John Straw's Speech and Confession at the time of his death Confession of John Straw at the time of his death discovers the full Intention of these Riots Rebellions and Tumults He said that when they assembled at Black-heath and sent to the King to come to them their Purpose was to have slain all the Knights Esquires and Gentlemen that came with him and to have carried the King with them from Place to Place that the Rabble might with greater Boldness come to them when they should see him as it were the Author of their Insurrections That when there should have been great Numbers got together in all Countries they were to have killed the Lords or Knights who were able to advise against or resist them especially the Hospitalers At last they were to have killed the King and all Bishops Monks Canons and Rectors of Churches that were Endowed and had Lands and Possessions sparing only the Friers Mendicants who were sufficient to celebrate and perform Divine Rites thro' the whole Nation These things done when there had been none Greater none more Potent none more Knowing than themselves they would have made such Laws as they pleased by which the People were to be Governed They intended also to have made Kings as Wat Tiler in Kent and in every other County One. On the Night also of that Day whereon Wat Tiler was killed the poor Rabble being on their
King's Person and in his Court to appoint a Chancellor Barons and Officers in the Exchequer Judges of one Bench and the other That they might know their Names and what they were to do and the Method they were to take in the Regulation of the Nation after these things were done They also 7 Ibm. n. 25 26. They petition for an end of the War Petition an End might be made of the War which was in great part maintained by the Goods which the Enemies of the Nation took by Sea and Land from the English to the great Slander of the Government and Nation and Destruction of the whole Realm They likewise Petition That certain of the Chief 8 Ibm. n. 28 29. They Petition certain Persons may inspect the Grievances above noted No answer made to this Clercs in Chancery certain Justices Barons of the Exchequer and others Learned in the Law not there named might consult of the Grievances above and that certain Merchants not named might declare the Causes of the Low Prices of our Commodities carrying over our Money Washing and Clipping thereof But I find no report made of this Matter or Remedy ordered There is something in the Statutes at Large in this Year about Exportation of Money and the Exchequer Cap. 2. 9 10 11 12 13. The Commons 9 Ibm. n. 30. brought into Parlement a Schedule containing The Commons propound 3 sorts of Pardons to be granted by the King The first Three Articles for Three sorts of Pardons if the King would please to grant them The first was for the Lords Gentlemen and others that in Resistance of the Riotors and Traytors caused some of them to be slain without due Process of Law for which see the Statutes at Large of this Year Cap. 5. The Statute there exactly agrees with the Record The second 1 Ibm. The 2d sort to appease and quiet the wicked People concerning Treason and Felony committed in the Riots and Tumults which was granted 2 Ibm. n. 32. Several Town excepted out of these Pardons to all and singular Persons except such as were of the Towns of Canterbury St. Edmonds-Bury Beverly Scharburgh Bridgewater and Cambridge except also the Persons whose 3 Append. n. And those that killed the A. Bo. c. Names were after written and were brought into Parlement as the Chief and Principal Excitors and Movers of the Insurrections in the several Countries and those that killed the Arch-Bishop of Canterbury Lord Chancellor the Prior of St. Johns Lord Treasurer and John Cavendish Lord Chief Justice and except such as had escaped out of Prison and had not then rendred themselves Provided that such as received Damages and Losses by these Insurrections Provided notwithstanding those which had received Damages might recover Recompence by Law should not by this Pardon be foreclosed from recovering Recompence by due course of Law The Third was for 4 Ib. Rot. Parl. 5 Ric. II. n. 32. The Third sort of Pardons the good People that kept themselves in Peace and were no ways consenting to or concerned in the Tumults and Insurrections The Forms of the Pardons were now drawn and read tho the King had not yet passed them Afterwards upon 5 Ib. n. 95. The Towns above all Pardoned except St. Edmonds-Bury the Petition of the Commons That the Towns above-named might with other Towns receive the Benesit of the Pardon excedpt those Persons that were specially excepted which the King except the Town of St. Edmond's-Bury that for their outrageous 6 Ibm. Ro. And except the Persons whose Names were delivered into Parlement in Writing and horrible Wickedness so long continued he would not have comprised in his Grace and except also the Persons whose Names were delivered into Parlement as the chief and principal Beginners Abettors and Procurers of the late Outrageous Treason After the Business of the Pardons the Commons make a 7 Ib. n. 34. The Commons rehearse their Grievances Rehearsal of their Requests and Grievances they would have amended and desire to have a view of what was done in that Matter The King tells them 8 Ibm. n. 35. The King tells them of his great Expences and Necessity he had been at great Expence in quieting the Nation in the late Tumults and otherwise as was declared to them before by his Officers and that he was to be at further great Expences by reason of the Queen's coming her Marriage and Coronation which were suddenly to be Celebrated also in guarding the Seas and keeping his Fortresses beyond Sea and for the defence of the Realm at home for the discharge of which Debts and the supply of his Expences he had nothing in Treasure or otherwise The Commons 9 Ib. n. 36. They answer they neither dare or would grant any Tallage answered That considering the Evil Hearts and Rancour of the People thro the whole Realm they neither dare nor would grant any manner of Tallage They desire the 1 Ib. n. 37 38. They desire the Parlement may be adjourned and to see the Method of his Grace and Favour Parlement may be adjourned till after Christmass which was granted and then they also desire again to see the Method of his Grace and Favour The King 2 Ib. n. 39. The King adviseth of his General Pardon until the Commoos should do what belonged to them Replied it was not the Custom of Parlement to have a General Pardon and such favour from the King when the Commons would not grant him any thing and told them he would advise of his Grace and Pardon until they should do what belonged to them and said further it was Customary to grant Pardons the last day of the Parlement when he answered their Supplications and Petitions in Writing Whereupon 3 Ib. n. 40. The Prelates Lords and Commons grant the Subsidy of Wooll the Commons came into Parlement before the Lords saying they had advised and considered the great Charge of the King as well here as beyond Sea and then the Prelates Lords and Commons granted a Subsidy of Wooll Leather and Woollfells until Candlemass next coming as it was last granted which was read in Parlement as also the Declaration of the The Commons much joyed at the King's Grace King's Grace at which the Commons were much joyed and thanked the King most humbly and intirely for the same In this * Ibm. n. 45. The Practice of the Town of Cambridge against the University Parlement there were great Complaints made of the Mayor Bayliffs and Commonalty of the Town of Cambridge for their Evil Practices as well out of the Town in the Country as in it against the Vniversity in the time of the late Tumults as by the * Ib. n. 54. Bill exhibited against them may appear wherein it is set forth That they went to Corpus Christi or Benedict College where they seised the Charters Writings Books and Records
the King but in less Matters except one wherein he was charged That by his fault some of the Tax given last Parlement was diverted to other Uses then for which it was given so as the Sea was not so well Guarded as it ought to have been To this he Answered 4 Ib. n. 7. His Answer to the Articles That while he was Chancellor he neither purchased any Lands of the King nor did he give any to him unless when he made him an Earl yet confessed he had 400 Marks a year of the King by way of Exchange for so much he had by inheritance out of the Customs of Hull whereof some part was assigned to him by one Tydeman de Limbergh and others before he was Chancellor and some part came to him by Descent and his Brother in Law Sir Richard le Scrop shewed the said Earl by his Valiant Acts in sundry Battles and his Worthy Behaviour and Counsel in several Offices at home did justly deserve what he had He Answered to every Article 5 Ib. n. 10. The Commons not satisfied with his Answer he sufficiently proveth the Oath had another intendment then what was then put upon it and further proveth that notwithstanding his Oath he did both lawfully take and buy But the Commons were not satisfied with his Answers and therefore at their Request by the King's Command he was Arrested and committed to the Constable of England and afterward let to Mainprise and had further 6 Ib. n. 13. The Judgment against him Judgment That for Breach of his Oath contained in the first Article all the Lands he had of the King's Gift in that Article should be seised into the King's Hand to have to him and his Heirs for ever together with all the Mean Profits and Issues of the same saving to him the Name and Title of an Earl and 20 l. a year granted out of the Profits of the County of Suffolk 7 Ib. n. 14 15 16. The like Judgment was given in every Case and Article where he was charged with Deceit of the King Sitting this Parlement the King was at 8 Knighton col 2681. n. 30. The King sent for to come to Parlement by the Duke of Gloucester and Bishop of Ely Eltham his presence was desired there and by assent of the whole Parlement Thomas Duke of Gloucester and Thomas Arundell Bishop of Ely were sent to him who saluting him on behalf of the Noblemen and Commons related to him their Thoughts or Requests in Words to the same sense that the Historian writes their Speech in 9 Ibm. Qui salutarent eum ex parte procerum Communium Parlementi sui sub tali sensu verborum ei referentes vota eorum and then begins Their Speech to the King upon this Occasion the Speech which was in such Language as Subjects in any times did not use towards their Kings and Princes so that 't is most probable Knighton was both the Author of the Words and Speech as indeed most Historians are of the Speeches and Orations found in them 1 Ib. n. 40 50 60 c. The Speech reckons up all King Richard's Faults most severely and what Wicked and Evil Counsels he followed and what desperate Courses he intended to pursue in delivering what he had in France to and putting himself under the Protection of that King threatning him several times with an old Statute and a laudable and approved Custom they had which could not be gainsayed to warrant what they said to him and urged him to perform 2 Ib. Col. 2683. I. 1. And at last the Speech-maker whether the Duke of Glocester or Thomas Arundell Bishop of Ely or Knighton tells King Richard they had one thing more to intimate to him on behalf of the People in these Words 3 Ib. I. 3. Habent enim ex antiquo Statuto de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex ex maligno Consilio quocunque vel inepta Contumacia aut Contemptu seu proterva voluntate singular aut quovis modo irregulari se alienaverit a populo suo nec voluerit per jura Regni Statuta ac laudabiles ordinationes cum salubri Consilio Dominorum procerum Regni gubernari Regulari set Capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve Excercere extunc licitum est eis cum Communi assensu consensu populi Regni ipsum Regem de Regali solio abrogare propinquiorem aliquem de stripe regia loco ejus in Regni solium sublimare That is For the People have it by an old Statute and by * The Case of Edw. II. Fact which cannot be expressed without Grief by Experience not very long since committed That if a King by any Malignant Counsel whatever or foolish Contumacy or Contempt or froward arrogant Wilfulness by any singular or irregular Means did alienate himself from his People nor would be Governed or Ruled by the Laws Statutes and Laudable Ordinances of the Kingdom with the wholesom Advice of the Lords and Noblemen but like a Blockhead frowardly exercise his own singular Will in his Mad Counsels then it was lawful for them with the Assent and Consent of the People of the Kingdom to Dethrone that King and place in the Throne in his stead some one more near a-Kin to him of the Royal Family On the 24th of October next following Thomas Arundell Bishop of 4 Clause 10 Ric. II. M. 35. The great Officers of State changed Ely was made Chancellor in the place of the Earl of Suffolk and on the same day John Gilbert Bishop of Hereford was made 5 Pat. 10 Ric. II. p. 1. M. 16. Treasurer instead of John de Fordham Bishop of Durham John de Waltham was also made Keeper of the Privy Seal In the 6 Pat. 10 Ric. II. p. 1. M. 7. Eleven Commissioners appointed to Govern the Kingdom Their Names Patents of this year of his own free-will at the Request of the Lords and Commons the King changed these Great Officers and further by advice and assent of the Lords and Commons in full Parlement in aid of the good Government of the Kingdom the good and due Execution of the Laws and in Relief of his own Estate and that of his People he appointed Eleven Commissioners William Arch-Bishop of Canterbury Alexander Arch-Bishop of York his Uncles Edmond Duke of York and Thomas Duke of Glocester William Bishop of Winchester Thomas Bishop of Excester Nicholas Abbat of Waltham Richard Earl of Arundell John Lord Cobham Richard Lescrop and John Devereux to be his great and Continual Council for one year next coming after the date And Power of these Letters Patents by which he gave them Power to Survey and Examine all his Officers Courts Houshold and the Government of the whole Kingdom To receive all his Revenue as also all Subsidies Taxes
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
the beginning of December the King was at Reding 1 Ib. n. 40. He reconciles the King and Great Men. where he called a great Council The Duke of Lancaster being there reconciled the Mind of the King to the Great Men and their Minds to him and so as they seemed after the Dissolution of the Council to depart satisfied The King while he was at Reding issued his 2 Rot. Clause 13 Ric. II. M. 5. Dors A. D. 1390. A Parlement called The King declared to be of Age. Writs on the 6th of December for a Parlement to meet at Westminster on the Monday next after the Feast of St. Hillary William of Wickham Bishop of Winchester was then Chancellor who by the King's Command in opening the Cause of Summons before all the Estates declared the 3 Rot. Parl. 13 Rich. II. n. 1. And takes upon him the Government King of full Age and that he intended to Govern his People in Peace and Quiet and to do Justice and Right to all Men and that as well the Clergie as Layty should enjoy all their Liberties On the 20th of 4 Ib. n. 6 7. The Chancellor and Treasurer quit their Places as also all Privy-Counsellors January and Fourth day of the Parlement the Bishop of Winchester delivered the Seal to the King and the Bishop of St. David's being Treasurer delivered the Keys of the Exchequer to the King and all the Lords of the Council prayed the King to be discharged and that others might be put in their Places When they were discharged they required openly in Parlement That if any Person could he would Complain of any thing ill done by them both Lords and Commons affirmed all things well done Whereupon the King delivered the Seal again to the Bishop of Winchester and the Keys of the Exchequer to the Bishop of The King receives them again into their Places and the Privy-Council St. Davids and received those to be his Counsellors that were so before together with his Vncles of Lancaster and Glocester and made Protestation That for any thing then done he would at Pleasure retain or put out of their Offices those Counsellors In this Parlement 5 Ibm. n. 21 22. John Duke of Lancaster made Duke of Aquitan John Duke of Lancaster was made Duke of Aquitan by the King with Consent of the Prelates Lords Temporal and Commons to hold the Dukedom of the King as of the King of France saving only to him as to the King of France the Direct Dominion Superiority and Resort of the same Dutchy He there did Homage to the King and Humbly and Heartily Thanked him for it and the Honour he did him and declared That tho' he could not maintain the State of the Dukedom in time of War without the Ayd of the King and Realm yet he would do what he could to the utmost The King told him the Charges should be born as between the Duke and his Council should be agreed To which the Commons affented The King by assent of 6 Ib. n. 23. Edward Son to the Duke of York made Earl of Rutland The Two Arch-Bishops and Parlement created Edward the Eldest Son of the Duke of York Earl of Rutland and gave to him during the Life of his Father 800 Marks issuing out of the Castle Town and Dominion of Okeham in that Shire and the Office of Sheriff The Arch-Bishops of Canterbury and York for themselves and whole Clergy of their Provinces made their Protestation in open Parlement 7 Ib. n. 24. Clergy's Protestation not to assent to any Law made against the Pope they intended not nor would assent to any Statute or Law to be made against the Pope's Authority which at their Request was entered upon the Roll. In the 8 Rot. Parl. 14 Ric. II. n. 1. A. D. 1391. Parlement on the Morrow of St. Martin or 12th of November in the Fourteenth of this King the Bishop of Winchester Chancellor declaring the Cause of Summons took notice of the Truce with France and that about Candlemass the King would send to make a final Peace The Duke of 9 Ib. n. 12. The Dukes of York and Glocester desire 1000 l. a year to be settled on each of them York and Glocester desire the King's Assistance of a Thousand Pounds a year to each according to his Promise in Tale special He ordered the Justices to draw such Assurance and commanded they might be readily paid And it is to be remembred 1 Ib. n. 15. The Prelates Lords and Commons pray That if any thing had been done against his Prerogative it might be redressed Fait a Remember c. That the Prelates Lords Temporal and Commons prayed the King in full Parlement That the Royalty and Prerogative of him and his Crown might always be safe and preserved and that if any thing had been done or attempted contrary to them it might be Redressed and Amended and further That he should be as Free in his time as any of his Noble Progenitors Kings of England were in their times Which prayer seemed Honest and Reasonable to the King and therefore granted it in all points The Judgment against 2 Ib. n. 36. The Judgment against John of Northampton repealed John of Northampton late Major of London Repealed upon the Petition of the Commons and Oath made by the then Major and all the Aldermen of London That he was not guilty of the Treasons c. for which he was condemned These things done the Lords and Commons 3 Ib. n. 37. The â—ords and Commons Thank the King for his Good Government c. gave humble Thanks to the King for his good Government and his Zeal shewn to them and he gave them Thanks for the Grants to him made In the Parlement holden on the 2d of November in the 15th of King Richard the 4 Ibm. 15 Ric. II. n. 15. A. D. 1392. The Duke of Lancaster sent into France to Treat of Peace Commons propound to the King Monsieur de Guyen that is the Duke of Lancaster to go Treat with his Adversary of France about a Peace and it was granted The Commons Petition the King That no Native or 5 Ib. n. 39. The Commons Petition Villans may not purchase Land in sec nor send their Sons to School The King's Answer Villan of Bishops Abbats or other Religious Persons might purchase Lands in Fee and That no Villan might put his Son to School whereby he might obtain Learning and this for the maintenance and safety of the Honour of all the Freemen of England To this it was Answered Le Roy sad visera The King will Advise which was a Denial The Knights of Shires 6 Ib. n. 51. The Knights of Shires Petition Villans may not have the Privilege of Cities and Burghs The King's Answer Petition the King and Lords That such Lords whose Villans went from them into Cities and Burghs where they lived as Freemen
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
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
D. 1398. 22 Ric. II. Commissioners of England and Scotland to take care of the Articles of the late Truce for both Nations met For Scotland Sir William Bortwic Sir John of Remorgny Knights and Adam Forster Esquire For England John Bussy and Henry Green Knights William Feriby Clerc and Laurence Drew Esquire Their Business was to take care of the Release and Exchange of Prisoners that had been taken on both sides since the Truce of Leulingham in the Year 1389. and to regulate the Practices of the Borders on both sides and secure them from Rapin Thefts Robberies Burnings and taking and carrying away Prisoners into either Country during the time of the late Twenty Eight Years Truce between England and France which was effectually done in Eleven Articles The Instrument it self under the Seals of Scots Commissioners in true Scottish Language being with the Under-Chamberlains in the Exchequer in a little Box tituled Scotia About 2 Hypodig Neustr f. 553. lin 5. The Death of the Duke of Lancaster Candlemas next following John Duke of Lancaster died and the King with the Committee that had the Authority of Parlement met at Westminster on Tuesday the 8th Day of March when it was declared That Henry Duke of Hereford 3 Rot. Parl. n. 87 88. after the Judgment given against him at Coventry had procured Letters Patents from the King that during his absence by his Attorneys he might Sue and have Livery of any Lands descended to him and his Homage respited Which Letters Patents were declared to be against Law Whereupon the King by Advice of the Committee and Assent of Parlement Revoked those Letters Patents as also the like Letters Patents made to the Duke of Norfolk On 4 Placâ—â— Coron 21 Ric. II. n. Judgment against Sir R. Plesington the same Day Robert Plesington Knight though dead before was adjudged Traitor for being in the Action with the Duke of Glocester Earls of Arundel and Warwic at Haringey and all his Castles Mannors Lands Tenements Goods and Chattels to be forfeit After which many Bishops and Lords Temporal Sware as follows Which 5 Append. n. 113. The Oath of the Bishops Lords and Knights Judgments Ordinances and Establishments so Made Ordained and Agreed on the said Tuesday the 18th of March and all the Statutes Establishments Ordinances and Judgments Made and Rendred in the said Parlement or at Coventry or otherwhere by Virtue and Authority of the same Parlement firmly to hold and keep as well the Lords Spiritual as Temporal and certain Knights for Counties by Authority of Parlement there being the same Tuesday were Sworn in the Presence of the King upon the Cross of Canterbury de les tenir sustenir de esteer ove ycelles to hold uphold and stand with them without Fraud or Deceit according to the Form and Effect of the Oaths by them made before as contained in the Parlement-Roll The Names of the Bishops Lords and Knights do here follow The Arch-Bishop of Canterbury The Arch-Bishop of York The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Norwich The Bishop of Excester Chancellor The Bishop of Rochester The Bishop of Hereford The Bishop of Salisbury The Bishop of Lincoln The Bishop of St. Asaph The Bishop of St. Davids The Bishop of Chester The Bishop of Chichester The Bishop of Landaff The Abbat of Westminster The Abbat of St. Edmondsbury The Duke of York The Duke of Albemarle The Duke of Excester The Marquess of Dorset The Earl of Stafford The Earl of Salisbury The Earl of Northumberland The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wiltshire Treasurer The Earl of Suffolk The Lord Grey of Ruthin The Lord Ferrers of Groby The Lord Lovell The Lord Camoys Sir John Bussy Sir Henry Green Sir John Russell Robert Teye After this the Chancellor by the King's Command required openly all those that had been Sworn and would observe the Judgments Oath and Ordinances should hold up their Right Hands which was done by all the People in the King's Presence On the 23d of April 6 Placit Coron ut supra n. The Judgment of H. Bowet following the King and Committee that had the Authority of Parlement were at Windsor where Henry Bowet Clerc was brought before them where it was shewn the King That the Duke of Hereford since the Judgment given against him at Coventry had by Petition amongst other things obtained from the King Letters Patents That if any Lands of Inheritance descended or fell to him in his absence for which he ought to do Homage he might by his Attorneys Sue for and have Livery of them and his Homage and Fealty respited Which Letters Patents being granted by Inadvertency without due Advice or mature Deliberation as they ought to have been and being then viewed and diligently examined it was found that they were clearly against the said Judgment because the Duke of Hereford after that Judgment was not a Person capable to have or receive Benefit by the Leters Patents and for that they had been adjudged void as appeared by the Parlement-Roll And therefore because Henry Bowet Clerc had been the Chief Contriver and Manager of the said Petition the King by the Assent of the Committee who had the Authority of Parlement adjudged him Traitor and to be Drawn Hanged Headed and Quartered and all his Lands and Tenements as well in England as Gascony and all his Goods and Chattels to be forfeited But because he was the King's Chaplain he pardoned the Execution of the Judgment and granted him his Life with this That he should be Banished England for ever While these things 7 Hypodygâ—â— Neustr f. 552. n. 50. were doing here there came News from Ireland That Lieutenant Roger Earl of March was there slain by the Irish To Revenge whose Death and subdue the Irish the King levied a considerable Force and went into Ireland with The King goes into Ireland several Bishops and many of the Nobility Toward which Expedition he Raised Money by undue Ways and taking up Carriages Victuals and other Necessaries without paying for them by which and many other Imprudent Rash and Vnadvised Practices he had made himself and Government uneasie to the People The Duke taking advantage of King Richard's absence thinks of coming for England 8 Walsingh Hist fol. 358. n. 10 20 30. The Duke of Hereford lands in England to demand his Inheritance with Thomas Arundel Arch-Bishop of Canterbury and the Son and Heir of the Earl of Arundel and a small Company he took Ship in France and hovering a while about the English Coast to spie whether there were any ready to resist them at length landed at Ravenspur in Yorkeshire where there came into him Henry Percy Earl of Northumberland and Henry his Son Ralph Earl of Westmerland and other Lords so as in a short time he had an Army of 60000 Men They marched speedily to Bristol
the Kings of Denmarke and Swevelande who are many times by the Nobility dejected either into Prison or into Exile Such likewise are the Dukes of Venice and of some other Free States in Italy and the chief Cause for which Lewes Earl of Flaunders was lately expelled from his Place was for drawing to himself Cognisance in Matters of Life and Death which high Power never pertained to his Dignity In these and such like Governments the Prince hath not Regal Rights but is himself subject to that Power which is greater then his whether it be in the Nobility or in the Common People but if the Soveraign Majesty be in the Prince as it was in the Three first Empires and in the Kingdoms of Judea and Isreal and is now in the Kingdoms of England France Spain Scotland Muscovia Turkey Tartaria Persia Aethiopia and almost all the Kingdoms of Asia and Africk altho for his Vices he be unprofitable to the Subjects yea hurtful yea intolerable yet can they Lawfully neither harm his Person nor hazard his Power whether by Judgment or else by Force for neither one nor all Magistrates have any Authority over the Prince from whom all Authority is derived and whose only Presence doth silence and suspend all inferiour Jurisdiction and Power And as for Force what Subject can attempt or assist or counsel or conceal Violence against his Prince and not incur the high and heinous Crime of Treason it is a common saying Thought is free free indeed from Punishment of Secular Laws except by Word or Deed it break forth into Action Yet the secret Thoughts against the Sacred Majesty of a Prince without attempt without endeavour have been adjudged worthy of Death and some who in Auricular Confession have discovered their Treacherous Devices against the Person of their Prince have afterwards been Executed for the same All Laws do exempt a Mad Man from Punishment because their Actions are not governed by their Will and Purpose and the Will of Man being set aside all his Doings are indifferent neither can the Body offend without a corrupt or erroneous Mind yet if a Mad Man draw his Sword upon his King it hath been adjudged to deserve Death And lest any Man should surmise that Princes for the Maintenance of their own Safety and Soveraignty are the only Authors of these Judgments let us a little consider the Patterns and Precepts of Holy Scripture Nebuchadnezzar King of Assyria wasted all Palestine with Fire and Sword oppugned Hierusalem a long time and at last expugned it slew the King burnt the Temple took away the Holy Vessels and Treasure the rest he permitted to the Cruelty and Spoil of his Unmerciful Soldiers who defiled all Places with Rape and Slaughter and ruinated to the Ground that flourishing City After all the glut of this Bloody Butchery the People which remained he led Captive to Chaldea and there erected his Golden Image and commanded That they which refused to Worship it should be cast into a Fiery Furnace What Cruelty what Injustice what Impiety is comparable to this And yet God calleth Nebuchadnezzar his Servant and promiseth him Hire and Wages for his Service And the Prophets Jeremiah and Baruch did write unto the Jews to pray Jerem 25. 9. Ezceh 29 18. Jerem. 29. 7. Baruch 1. 11. for the Life of him and of Baltazzar his Son that their days might be upon Earth as the days of Heaven And Ezechiel with bitter Terms abhorreth the Disloyalty of Zedechia because he revolted from Nebuchadnezzar whose Homager and Tributary he was What shall we say of Saul Did he not put all the Priests to Execution because one of them did Relieve Holy and Harmless David Did he not violently Persecute that his most Faithful Servant and Dutiful Son in Law During which Pursuit he fell twice into the Power of David who did not only spare but also Protect the King and reproved the Pretorian Soldiers for their Negligent Watch and was touched in the Heart for cutting away the lap of his Garment and afterwards caused the Messenger to be slain who upon Request and for Pitty had lent his Hand as he said to help So did Domitian put to death Epaphroditus Nero's Libertine because he helped Nero although in Love to kill himself So did Seâ—erus kill all the Killâ—rs of Pertinax his Predâ—â—â—ssâ—r and likewise Vitellius did put to Death all the Murderers of Galba Theophilus Emperor of Graecia caused all those to be sâ—ain who had made his Father Emperor by killing Leo Armenius And Alexander the Great put to cruel Execution those that had sâ—ain Darius his Mighty and Mortal Enemy forward the voluntary Death of that Sacred King As for the contrary Examples as that of Jehu who slew Jehoram and Ahazia Kings of Israel and Juda they were done by express Oracle and Revelation from God and are no more set down for our imitation then the Robbing of the Aegyptians or any other Particular and Priviledged Commandement but in the general Precept which all Men must ordinarily follow not only our Actions but our Speeches also and our very Thoughts are strictly charged with Duty and Obedience unto Princes whether they be Good or Evil The Law of God ordaineth Deut. 17. 12. Psal 105. Exod. 22. 28. Act. 23. 5. Roman 13. 1 13. Titus 3. 1. 1 Pet. 2. 13 14 17. 2 Tim. 2. 2. That he which doth Presumptuously against the Ruler of the People shall dye And the Prophet David forbiddeth to touch the Lords Anointed Thou shalt not saith the Lord rail upon the Judges neither speak Evil against the Ruler of the People And the Apostles do demand further That even our Thoughts and Souls be obedient to Higher Powers And lest any should imagine that they meant of good Princes only they speak generally of all and further to take away all doubt they make express mention of the Evil. For the Power Rom. 13. 2. John 19. 11. and Authority of Wicked Princes is the Ordinance of God and therefore Christ told Pilate That the Power which he had was given him from above and the Prophet Esay calleth Cyrus being a Prophane and Heathen Prince the Lord 's Anointed Esay 45. 1. For God stirreth up the Spirit even of Wicked Princes to do his Will and as Johosaphat said to his Rulers they execute 2 Chron. 36. 22. not the Judgment of Man but of the Lord in regard whereof David calleth them Gods because they have their Rule and Psal 28. Authority immediately from God which if they abuse they are not to be adjudged by their Subjects for no Power within their Dominion is superior to theirs but God reserveth them to the sorest Tryal Horribly and suddenly saith the Wiseman Sap. 6. shall the Lord appear unto them and a hard Judgment shall they have The Law of God commandeth That the Child should be put to Death for any contumely done unto the Parents But what if the Father be a Robber
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A
Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His