excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
Person of the Kingdom Males and Females above the Age of Fourteen Years except very Beggers and desire to be excused they could give no greater Subsidy The Issue of Edward III. by Philippa of Haynalt HIS Eldest Son was Edward of Woodstock so called because born 1 Wals Hist f. 130. n. 40. Hypod. Neustr f. 510. n. 50. there June 15. 1329. or 1330. He was Prince of Wales and Married Joan Countess of Kent called for her great Beauty The Fair Maid of Kent She was Daughter to Edmond of Woodstock sixth Son of Edward I. but second by his Queen Margaret Sister to Edmond Son of Edmond of Woodstock and Sister and Heir to his Brother John who both died without Issue 2 Sandf Geneal Hist f. 184 215. She was first Married after the 25th Year of her Age and 26th of Edward III. to Sir Thomas Holland Knight of the Garter and in her Right made Earl of Kent by whom she had Issue two Sons Thomas Earl of Kent and John Duke of Excester He died Decemb. 26. in the 34th of Edward III. 1360. And her Second Husband was William Montague Earl of Salisbury from whom she was in a short time Divorced by Consent With this Lady the Prince fell in Love and was Married to her in the 31st Year of his Age and 35th of his Father's Reign 1361. By 3 Wals f. 180. n. 30. A. D. 1365. her he had first Edward of Engolesm so called because there born who died in the 7th Year of his Age. His second Son by her was Richard of 4 Ibm. f. 181. lin 5. A. D. 1366. Burdeaux so also called because born there succeeded his Father as Prince of Wales and his Grandfather in the Kingdom by the Name of Richard II. William of 5 Hypod. Neustr f. 512. n. 30. Hatfield Second Son of Edward III. born there 1336. in the 10th of his Father's Reign who died very young The Third Son of King Edward and Queen Philip 6 Ibm. f. 513. n. 30. was Livnell born at Antwerp Created Duke of Clarence and Married to Elizabeth de Burgh Daughter and Heir of 7 Sandf ut supra f. 219. 222. William de Burgh Earl of Vlster Lord of Clare Canaught and Trim by whom he had only one Daughter named 8 Ibm. Philippa She was by her Grandfather after the Death of her Father at the Age of 13 Years Married to Edmond Mortimer Earl of March and Lord of Wigmore in the 42d of Edward III. 1368. by whom she had Roger Mortimer their Eldest Son and Heir to both their Honours and Titles who left 9 Ibm. f. 225. Edmond Mortimer his Son and Heir Earl of March and Vlster Lord of Wigmore Clare Trim and Canaught and True Heir to the Crown of England after the Death of King Richard II. He died without 1 Rot. Parl. 39 Hen. VI. n. 18. Issue as also his Brother Roger and Sister Alianor leaving Anne their Sister sole Heiress to her Father Roger Mortimer and Brother to Edmond The Fourth Son of 2 Wals f. 148. n. 10. Edward III. and and his Queen Philip was John of Gaunt born there He was first Earl of Richmond and afterwards Duke of Lancaster He Married Blanch the Daughter and Coheir of Henry Duke of Lancaster with Maud her Sister by whom he had his only Son and Child Henry Earl of Derby Duke of Hereford and Lancaster called Henry IV. King of England After the Death of Maud without Issue he in Right of Blanch enjoyed all the vast Estate of her Father Henry Duke of Lancaster with his Titles and was then in the 36th of Edward III. advanced to the Title of Duke of Lancaster c. Dugd. Baron Tome II. Fol. 115. Col. 1. The Fifth Son of King Edward and Queen Philip was 3 Hypod. Neustr f. 514. n. 50. Edmond of Langley a Mannor near St. Albans in Hertfordshire where he was born by his Father made Earl of 4 Sandf ut supra f. 357. Cambridge and by King Richard II. 6 Ib. f. 358. was Created Duke of York He Married 7 Ib. f. 360. Isabel younger Daughter and Coheir of Peter King of Castile by whom he had Edward his Eldest Son who died 8 Ib. f. 365. without Issue He had also by her Richard Earl of Cambridge called of Coningsburgh a Town of that Name in Yorkshire 9 Brooks Catalogue of Hon. He Married Anne Mortimer above-mentioned by whom he had Richard Duke of York and Earl of Cambridge 1 Ibm. who Married Cecilie Nevil the youngest Daughter of Ralph Earl of Westmerland by whom he had Henry his Eldest Son who died young and Edward his second Son Duke of York and afterward King of England by the Name of Edward IV. William of 2 Sandf ut supra 178. Windsor a second of that Name William was their Sixth Son who died so young as there is nothing memorable left of him The Seventh and Youngest Son of Edward III. and Queen Philip was 3 Ibm. f. 227. Thomas of Woodstock there born Duke of Gloucester He Married Elianor the Eldest of the two Daughters and Heiress of Humphry de Bohun Earl of Hereford c. The Eldest Daughter of King Edward and Queen Philip was 4 Ibm. Isabel Lady Coucy and Dutchess of Bedford Married to Ingelram Lord of Coucy and Earl of Soyssons who by her Father was Created Earl or Duke of Bedford Their Second Daughter 5 Ib. f. 179. Joan had the Title of Queen of Spain she was by Proxy Married to Alphonso King of Castile and Leon and conveyed into that Country and not long after died of the Plague Their Third Daughter 6 Ibm. was Blanch de la Tour so named because born in the Tower of London she died an Infant Mary their Fourth Daughter 7 Ib. Hypod. Neustr f. 516. lin 9. Dutchess of Britan was Wife of John Montfort Duke of Britain in France Margaret their Fifth and 8 Sandf ut supra Youngest Daughter was Wife to John Hastings Earl of Pembroke A CONTINUATION of the Compleat History of England c. King RICHARD the Second KING Edward the Third 1 Rot. Clause 1 Ric. II. M. 45. A. D. 1377. died June 21st Anno Domini 1377 and this young King his Grandchild succeeded him in the Eleventh year of his Age when it King Richards Coronation was agreed he should be Crowned on the 16th of July following John King of Castile and Leon Duke of Lancaster came before King Richard and his Council and claimed as Earl 2 Ibm. Three Offices claimed by the Duke of Lancaster of Leicester the Office of Steward of England as Duke of Lancaster to carry the King 's principal Sword called Curtana on the day of his Coronation and as Earl of Lincoln to be the King's Carver the same day all these Offices he pretended to have in Right of his Wife Blanch then dead and
and Arms 15 days after the King had begun and holden his Parlement when they made the Award against the Two Spencers and concealed it from the King who knew nothing of it until the Hour they came with it to Westminster with Force and Arms so as the King could not hinder the passing of it which was to this effect To the Honour of God and Holy Church and of our Lord the King for the Profit of him and his Realm and to maintain Peace amongst his People and the Estate of the Crown the Prelates Earls Barons and other Peers of the Land and Communes of the Realm do shew against Sir Hugh le Despenser Father and Son That whereas Sir Hugh the Son at the Parlement at York 7 3 Weeks after Michaelmas Claus 12 Ed. II. M. 28. in cedula was Named and it was there Agreed he should be Chamberlain to the King in which Parlement it was Agreed That certain Prelates and other Great Men should be with the King by turns at several Seasons of the Year the better to advise him without whom no great Business ought to pass The said Sir Hugh the Son drawing to him his Father who was not by Order of Parlement to be near the King or to be one of those Counsellors between them both have usurped Royal Power over the King and his Ministers and the Government of the Kingdom to the Dishonour of the King the Injury of the Crown and Destruction of the Kingdom Great Men and People and have done the Wickednesses under-written in contriving to turn the Heart of the King from the Peers of the Land that they may have the sole Government thereof 1. That Sir Hugh the Son made a Bill or Writing whereby he would have had Sir John Gifford of Brimmesfield Sir Richard de Greye and others entred into a Confederacy to have forced the King to do what he would have him and had almost done it The Tenour of the Bill is under written 2. Homage and the Oath of Allegiance is more by reason of the Crown than of the Person of the King and bound him more to the Crown than the Person and this appeared for that before the Crown descends there is is no Allegiance due to the Person Expectant Wherefore in case the King carries not himself by Reason in Right of the Crown his Lieges are bound by Oath made to the Crown to remove the King and the State of the Crown by Reason and otherwise the Oath ought not to be kept Then it was demanded whether the King was to be dealt with by Suit of Law or by Rigour par Suit de Loy ou par Aspertee By Suit of Law it could not be for he had no Judge In which case if the King 's will be not according to Reason and that he maintains nothing but Errour therefore to save their Oath and when the King will not redress what is injurious to the People they must proceed with Rigour for he is bound by Oath to Govern his Lieges and his Lieges are bound to Govern in Aid of him and in Default of him 3. Also upon the Application of the Great Men and People unto him his Answer was according to the Pleasure of these Two in turning the King from his Duty against his Oath and the Hearts of the Great Men and People against their Liege Lord. 4. Also by their evil Contrivance they will not suffer the Great Men of the Realm nor Good Counsellers to speak with or come near the King to advise him nor the King to speak to them unless in their presence and hearing or of one of them and when they please they usurping Royal Power and Sovereignty over the Person of the King to the great Dishonour and Peril of him the Crown and the Kingdom 5. Also to attain to their Wickedness Covetousness and Disinheriting the Great Men and Destruction of the People they put out Good and Agreeable Ministers placed by Assent and put in others False and Wicked of their Party who will not suffer Right to be done as Sheriffs Escheators Constables of Castles and make Justices not understanding the Law as Sir Hugh the Father Sir Ralph Basset Sir Ralph Camois and Sir John Inge and others their Friends who caused to be indicted by false Jurors of their Alliance the Peers of the Land as the Earl of Hereford Monsieur Giffard of Brimmesfield and Monsieur Robert de Monshall and other good People to get their Lands 6. Also they falsly and maliciously advised the King to raise Arms against his People in Glocestershire contrary to the Great Charter and the Award of the Peers of the Land and by their false and evil Counsel would have made War in the Land for their own proper Quarrel to the Destruction of Holy Church and the People 7. Also whereas the Earl of Hereford and the Lord of Wigmore i. e. Mortimer by the King's Command were assigned to make War upon Lheuelin Bren who had levied War against him in Glamorganshire when the Earl of Glocester's Lands by reason of his Death were in the King's hand and Lhewelin had rendred himself into the Lords hands to the King's Grace and Pleasure and upon that Condition delivered him to the King who received him accordingly but when these Lords were out of the Country these Two the Father and Son usurping Royal Power took Lhewelin and carried him to Cardiff after that Sir Hugh the Younger was seized thereof as of his Share of the Earl of Glocester's Estate one of whose Daughters and Heirs he had married pretending to a Jurisdiction where none was in this case and there caused him to be Drawn Hanged Beheaded and Quartered feloniously for things done in the time of King Henry And also took upon them Royal Power and Jurisdiction which was appendant to the Crown in Disheritance of the Crown and Dishonour of the King the said Lords of Hereford and Mortimer and in ill Example and great Peril in the like case in time to come 8. Also they ill advised the King to take into his hands the Lands and Goods of Sir Hugh Audely the Son who was fore-judged without due Process contrary to the Law of the Land by the Covetousness of the said Hugh to get some of those Lands and by other false Compassments contrived to have the Lands of Sir Roger Dammory and for having him attainted for entring into Glocestershire in Disheritance of the Peers of the Land 9. Also that whereas the King had granted by his Letters Patents to the Earl of Warwick in full Parlement at Westminster That after his Death his Executors should have his Lands until his Heir was of Age which Grant after the Earl's Death was confirmed by the King at Lincoln at the Request and Assent of the Peers of the Land in Parlement the said Sir Hugh the Father procured his Son to cause the King to repeal this Grant without cause and to give to the said Hugh the Father
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
ut supra f. 384. With a Dispensation to use their Offices c. Dispensation to use their Offices as Pope's Clercs and Nuncios as the Clercs and Nuncios of former Popes had done in former times notwithstanding any former Prohibition by him made Provided they did nothing against his Crown or Dignity or any of his Subjects any manner of way Dated the same Day and at the same Place Lastly He gave 3 Ibm. in Utrâ—que loco And Transport their Money by way of Exchange them leave by way of Exchange and by assistance of Merchants to send all the Money Collected which reasonably belonged to the Church of Rome or to the Pope so as they Transported not any Coined Money or Silver in the Mass by themselves or others Dated at the same Place and Time Under pretence 4 Append. N. 42. of these Letters Grants and Dispensations the Pope's Clercs aforesaid pretextu quarum literarum prefati Clerici Domini Papae c. not having respect to the Prohibitions in Parlement By reason of these Indulgences the Pope's Clerks return to their former Practices returned to their former Practices and being opposed in their Proceedings by many of the Kingdom by reason of those Prohibitions they Petitioned the King's Council holden at Westminster in the Feast of Holy Trinity next following and Exhibited their Letters c. And because it was found That by them the King had revoked nothing of the Ordinance made in Parlement Et They Petition the King and Council for allowance of them quia compertum fuit per easdem quod Dominus Rex nihil Revocavit de praedicta Ordinatione in Parliamento facta nor Granted any thing to the same Clercs by the said Letters but that they might have and receive the first Fruits of vacant Benefices as far as he could Grant them Quantum in Rege fuit and hereupon forbad them Their Petition was rejected and they commanded to desist from any such Practices to do or attempt any thing that might turn to the prejudice of his Crown and Royal Dignity or any other of his Subjects And it being found also That every of the Grievances aforesaid were in prejudice of the King and his Subjects By Command of the King being then at Carlisle it was agreed in the same Council That the Clercs should not do them nor have the first Fruits of Benefices of the Patronage of the King because it would turn to the prejudice of him his Crown and others The Clercs understanding this Agreement would not any further prosecute their Petitions or appear to receive their Answer And therefore there was a further Prohibition made That whereas there had not been a full Deliberation And for doing any thing against the K. his Crown and Dignity c. had upon their Petitions they should not attempt any thing any way prejudicial to Him his Crown and Dignity the Noblemen and People of his Realm Witness the King at Carlisle the 27th day of June in his 35th year This Prohibition was served 5 Ryley ut supra f. 385. upon them by the Mayor Aldermen and Sheriffs of London and afterwards if the said Clercs had presumed to have been Relieved against this Prohibition before they could attempt it the King died so as nothing further was done in this Matter In the time of this 6 Append. N. 43. Parlement at Carlisle either the King himself or the Lords took notice of the great Familiarity there was between the Prince and Piers de Gaveston and what Influence he had upon and Power over the Prince but whether upon the King 's own Observation or their pressing him to it I find not nor for what particular Reasons on the 26th of February at Lowercost by the King's Order and Command not on his Death-Bed as Piers de Gaveston Banished England commonly storied he was Banished England and to be ready to quit it at Dover three Weeks after the Turnament or Justs which should be Fifteen days after * Easter-Day was this Year 1307. on the 26 of March so that the day of his Departure was the First of May. Easter next coming and not to return without the King's Leave and Calling him back and for the Performance of this Order Monsieur Piers at the Day and Place aforesaid made Oath upon the Body of God i. e. The Consecrated Host the Old Cross and the King 's other Reliques and the Prince of Wales made Oath in like manner That he would not Receive Retain or Permit the said Piers to be with him contrary to this Order unless he was Recalled by and had leave from his Father to return and for his Subsistence beyond Sea so long as he staid there Monsieur Piers had allowed him an hundred Marks Sterling by the Year After Easter this Year in the Heat of the Controversie and Quarrel between the King Nobility and Pope's Nuncios as before related 7 Mâ—t. Wâ—st f. 458. Robert Brus put to flight the Eâ—of Pembroke and Glocester Robert Brus having increased his Army engaged Aymer de Vâ—lence Earl of Pembroke and put him to flight killing few of his Men Three Days after he also put to flight the Earl of Glocester with the Slaughter of many on both fides and afterwards besieged him in the Castle of Ayr until by the King's Army the Siege was Raised when with his Men he fled into the Woods and Mountains 8 Ibm. Robert Brus flies into the Woods and Mountains yet King Edward sent into England and under great Penalty Commanded all that ought him Service to be ready at Carlisle three Weeks after the Feast of St. John Baptist and there sent his Son into England also to prosecute his Match with the King of France his Daughter by the assistance of the The Prince sent into England Spanish Cardinal Bishop of Sabin 9 Ibm. After the Departure of his Son the King fell ill of a Dysenterie or Bloody-Flux yet by small Journeys he moved toward Scotland from Carlisle and at Burgh upon Sands his Disease increasing he Died the 7th of July A. D. The King Dies 1307. Church-Affairs NOT long before the Death of Henry III. the Monks of Canterbury by his License 1 Antiquit. Brit. f. 189. n. 10 20. God de presul Angl. p. 137. A. D. 1272. had chosen William de Chillenden their Sub-Prior for their Archbishop the Pope persuaded him as a Person not â—it for that Place to wave the Election and make way for Robert Kilwarâ—eby a Friar-Minor who for Eleven years had been the Collector of the Pope's Moneys or Revenues in England to be Archbishop by his Provision without the King's License the Monks Election and his Approbation afterwards contrary to the King's Prerogative the ancient Rights of his Crown the Laws of the Realm and Liberties of the Church But to provent if it might be for the Future the like Practices of the Pope within
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
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
the King and his Kingdom After this 5 Ibm. col 2705. n. 10 20 30. Many sent to Prison Others removed from Court the King commanded many there named to be sent to the Castles of Nottingham Dover Bristol Rochester Glocester c. to be kept until next Parlement to answer their Demerits There were also then Removed from the Court John de Fordham Bishop of Durham the Lords Beaumont Zouch Burnel and Lovell Sir Thomas Camoys the Son of the Lord Clifford Sir Baldwin Bereford the Bishop of Chichester the King's Confessor the Lady Mohun the Lady Poynings and the Lady Molineux 6 Ibm. col 2706. n. 10. The Judges taken off the Benches and sent to the Tower And on the first Day of the Parlement Sir Roger Fulthrop Sir Robert Belknap Sir John Cary Sir John Holt Sir William Burgh all Judges and John Loketon Serjeant at Law were taken off the Benches doing their Offices and sent to the Tower On the 17th of 7 Claus 11 Ric. II. M. 24. Dors A Parlement called The Cause of Summons Decemb. Writs were issued for a Parlement to meet on the 3d of February or on the morrow of the Purification of the Virgin Mary next coming On that Day Thomas Fitz-Alan Bishop of Ely and Chancellor of England Brother to the Earl of Arundel from whence his Name of de Arundel from that Title declared the cause of Summons to be 8 Rot. Parl. 11 Ric. II. n. 1. part 1. To consider by what means the Troubles in the Kingdom for want of good Government might be ended the King better Advised the Realm better Governed Misdemeanours more severely punished and good Men better encouraged how the Kingdom best defended the Sea best kept the Marches of Scotland best guarded Guyen preserved and how the Charges of these things was most easily to be born And then gave notice That who would complain in that Parlement of such things as could not well be redressed by the Common Law might carry their Petitions to the Clercs in Chancery there named appointed to receive them Thomas Duke of Glocester 9 Ibm. n. 6. The Duke of Glocester's suspicion of himself The King declares him not guilty kneeled before the King and said he understood the King had been informed that he was about to depose him and make himself King and profered to stand to the Award of his Peers in Parlement The King declared openly That he did not think him Guilty and had him fully excused The Lords Spiritual and Temporal then present * Ibm. n. 7. claimed as their Liberty and Franchise That all great Matters moved in that Parlement and to be moved in other Parlements in time to come touching Peers of the Land should be discussed and judged by the course of Parlement and not by the Law Civil or the Common Law of the Land used in lower Courts of the Kingdom Which Claim Liberty and Franchise the King benignement kindly allowed and granted in full Parlement The Five 1 Ibm. n. 8. The Protestation of the 5 Lords Appellants Lords Appellants Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwic and Thomas Earl of Nottingham and Earl-Marshal made open Protestation in full Parlement That what they did touching their Appeal and Suit in that Parlement and had done before and all the Men and People being in their Company or of their Retinue or Assembly and with them in all that Affair was done principally to the Honour of God and in Aid and Safety of the King and all his Kingdom and the Safety of their Lives The Lords and Commons 2 Ibm. n. 11. Half a 10th and half a 15th granted granted half a Tenth and half a Fifteenth before the Parlement ended with Protestation That it was done of Necessity and that it might be no Prejudice to the Lords and Commons in time to come because it was granted And further they pray the King That notwithstanding the Grant so made the Parlement might hold on its course and be Adjourned if need were and that all things touching the said Parlement might be done and executed as if the Grant had not been made until the end of the Parlement in manner accustomed And the King granted their Request as a thing he ought to do of Reason Friday the 21st of March which was the 46th Day of Parlement 3 Ibm. n. 12. in fine The Prelates Lords and Commons swear the Prelates Lords and Commons made the Oath following upon the Cross of Canterbury in full Parlement Tou shall 4 Append. n. 106. Their Oath Swear That you will keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom And if any will do to the contrary thereof you shall oppose and disturb him to the utmost of your Power And if any People will do any thing against the Bodies of the Persons of the Five Lords that is to say Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal or any of them you shall stand with them to the end of this present Parlement and maintain and support them with all your Power to live and die with them against all Men no Person or any other thing excepted saving always your Legiance to the King and the Prerogative of his Crown the Laws and good Customs of the Kingdom The Lords and Commons grant to the King in Defence of the The Subsidy of Leather Wooll c. Realm a Subsidy upon Leather Wooll and Woollfells 5 Rot. Parl. 117 Ric. II. n. 16. granted upon condition upon Condition the Five Lords Appellants should have out of it 20000 l. by Assent and Grant of the King for their Costs and Labour and Expences before that time for the Honour Profit and Safety of the King and whole Kingdom The Commons 6 Ib. n. 23. The Commons Request to the King pray That no Person of what Estate soever do intermeddle with the Business of the Kingdom nor the Council of the King but those assigned in his Parlement unless it be by Order of the Continual Council And prayed also That they might have Power to remove all Persons from the King which they thought fit to remove and put others in their Places As to the first Point of this Article 7 Ibm. Ro. His Answer le Roy le voet the King granteth it As to the second if any Lord of the Council or other Lord of the Kingdom will inform the King that he had about him any Person not Sufficient or Honest he willeth That if it be proved he shall be put away and removed and another Sufficient by Advice of himself put in his Place In this 8 Ib. part 2. Alexander A Bp. of York the Duke of Ireland and Earl of Suffolk accused Parlement Thomas Duke of Glocester Constable of England Henry Earl of Derby
and govern himself according to his Estate and Degree alledging many Causes for which this Kingdom ought to be graciously cherished and held in the greatest Honour And said further it was the King's Will to make good these Three things by the help of God and further said That it was the King's Will in especial that Holy Church should have and enjoy all her Liberties and Franchises and that all the good Statutes and Ordinances made in the time of his Noble Progenitors should be firmly observed and kept and that all the Lords Spiritual and Temporal Cities and Burghs and all others should have and enjoy their Liberties and Franchises according to the Grants made by his Noble Progenitors abovesaid And that no Man ought to speak of or Censure any thing done this Parlement for it was the Will of the King in his Faith and Conscience to do equal Justice to all Parts according to the Will Ayd and Grace of God given unto him This was the Arch-Bishops Discourse upon his Theme 7 Ib. n. 5. And then he told the Lords and Commons That on Monday next King Henry by the Grace of God purposed to be Crowned at Westminster for the Performance of which Solemnity Advice and Deliberation ought to be had in divers manners the mean time and therefore on behalf of the King he requested them to continue the Parlement de continuer cest Parlement until Tuesday the Morrow after the Coronation and after that day forward the King would use his Diligence for the Exploit of Parlement que de celle jour en avant mesme le Roy ferroit sa diligence pur lesploit de Parlement that is for the Dispatch of Parlement Business Whereupon by the King's Command Henry Percy Earl of Northumberland and Constable of England asked all the Lords Spiritual and Temporal and Commons if they agreed to the Continuance who severally Examined queux ont severalment examinez agreed to the said Continuance After this follows the Names of the Triers of Petitions in Parlement and the whole Process against Richard the Second tho Transacted on Michaelmass-Day and the day following a Week before this Parlement began as hath been shewn And immediately the 8 Rot. Parl. 1 Hen IV. n 66. The Parlement 21st of Rich. II. annulled whole Parlement of the 21st of Richard the Second with all Circumstances and Dependences thereupon were revoked and annulled for ever And the Parlement holden 9 Ib. n. 67. The Parlement of the 11th of Richard II. confirmed in the Eleventh year of King Richard the Second was revived and confirmed to be kept according to the effect and purport of the same as being for the good and common profit of the Kingdom pur le bien comune profit du Roialme The Lords and others 1 Ib. n. 68. The Lords and others Judged 21st of Rich. II. restored c. and their Heirs c. that were fore-judged in the 21st of Richard the Second are restored to the same State and Condition they were in at the time of their Judgments given Upon 2 Ib. n. 71. Henry's Eldest Son made Prince of Wales and Heir of the Crown the Motion of the Arch-Bishop of Canterbury the Lords and Commons having severally been asked about the King's Eldest Son answered and assented That Henry his Eldest Son should be made Prince of Wales Duke of Cornwall and Earl of Chester and also if his Father should dye he being alive they would accept him as Right Heir of the Kingdom and Crown and obey him as their King and Liege On Thursday the 23d of October 3 Append. n. 115. the Arch-Bishop of Canterbury on behalf of the King charged all the Lords Spiritual and Temporal and all others there being upon their Allegiance that what should be then spoken or propounded should be kept secret and no ways discovered to any Man living and then it was demanded by the Earl of Northumberland for the security of the King and all the Estates of the Kingdom what should be done with King Richard to keep him in safe-guard saving his Life which the King would have done by all means To which Question all the Lords Spiritual and Temporal whose Names do there 4 See Appen as above King Richard ordered to be imprisoned follow being severally Examined answered it seemed to them he should be put into safe and secure Guard and in such a Place where there was no Concourse of People and that he be kept by sure and sufficient Persons and that none that had been Servant to him should be about his Person and this should be done in the most secret manner that might be Upon propounding this Question Thomas Merks Bishop of Carlisle gave his Reasons against these Proceedings in the following The Bishop of Carlisle's Speech thereupon Speech as it is to be found in the First Part of Sir John Hayward's 5 P. 100 101 102 c. The Speech Life of Henry the Fourth Printed at London 1599. This Question Right Honourable Lords concerneth a Matter of great Consequence and Weight the determining whereof will assuredly procure either safe Quiet or dangerous Disturbance both to our particular Consciences and also to the Common State Therefore before you resolve upon it I pray you call to your Considerations these Two things First whether King Richard be sufficiently Deposed or no Secondly whether King Henry be with good Judgment or Justice chosen in his Place For the first Point we are to Examine Whether a King being lawfully and fully instituted by any just Title may upon imputation either of Negligence or of Tyranny be Deposed by his Subjects Secondly What King Richard hath omitted in the one or committed in the other for which he should deserve so heavy Judgment I will not speak what may be done in a Popular State or in a Consular in which although one beareth the Name and Honour of a Prince yet he hath not Supream Power of Majesty but in the one the People have the highest Empire in the other the Nobility and Chief Men of Estate in neither the Prince Of the first sort was the Commonwealth of the Lacedemonians who after the Form of Government which Licurgus framed often-times Fined oftentimes Fettered their Kings and sometimes Condemned them to Death Such were also in Caesar's time the Petty King 's of every City in France who were many times Arraigned upon Life and Death and as Ambiorix Prince of Leodienses confesseth had no greater Power over the People then the People had over them Of the second Condition were the Roman Tranquil in Caligula Tacitus in prooemio Emperours at the first of whom some namely Nero and Maximinus were openly condemned others were suddenly surprized by Judgment and Authority of the Senate and such are now the Emperours of Germany whom the other Princes by their Aristocratical Power do not only restrain but sometimes also remove from their Imperial State Such are also
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
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
Summoned by our Lord the King of England or his Heirs and we shall not know of any Damage done to them but we will hinder it to the utmost of our Power and shall Discover it to them And for the performance of this we bind us and our Heirs and all our Goods and further have Sworn it upon the Holy Gospels In Witness whereof we have caused these Letters Patents to be made and sealed with our Seal Given at Roxburgh the 13th day of May in the 24th year of the Reign of our Lord the King of England All the Bishops and other Ecclesiastick Prelates Abbats and The same Submission and Renunciation of the whole Kingdom of Scotland Convents Priors Friers Parsons Vicars Abbesses Nuns Earls Barons Knights Citizens Burgesses Aldermen Communalties of Cities and Burghs and other Commoners or Inhabitants in Scotland Recorded and Named in four 5 Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title De Juramentis homagii fidelitatis Edwardo Regi Angliae nominatim praestitis per unamquamque individuam personam Regni Scotiae Of the Oaths of Homage and Fealty made to Edward King of England by every individual Person of the Kingdom of Scotland by Name made the same Submission Renuntiation and Oath at several Places and several Times and made their Letters Patents of it especially in the Parlement holden 6 Ib. Pecia 20 21 c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary or 22d of August in the year from the Nativity of our Lord 1296 by the Consent of the Noblemen and Prelates of both Kingdoms These Rolls were not delivered unto the Kings Keeper of his Rolls 7 Claus 34. Ed. 1. Dors 91 until the 34th of his Reign and they were drawn up by the same Notary Andrew before-mentioned who was present heard and saw what was done as 't is Recorded at the end of the Roll Pecia 35 And the same Instrument of Homage and Fealty with the Chamberlains of the Exchequer in the 3d Treasury at Westminster with other Things and Instruments in small Boxes in great Wooden Chests This done 9 Walsingh f. 68. n. 10. n. 30 40. King Edward appoints a Governor of Scotland and other Officers there He sends John Baliol to the Tower c. King Edward caused the Stone used by the Kings of Scotland as a Throne to be brought to Westminster appointed John Warren Earl of Surrey and Sussex Governor of Scotland Hugh de Cressingham Treasurer and William Ormesby Justitiary sent King John Baliol to the Tower of London where he was decently attended and the Noblemen of Scotland which he brought into England were forbidden to pass the River Trent under forfeiture of their Heads From Scotland we are to return to England and France where we find the Peace between them which had continued for some time broken The Quarrel at first began between the 1 Mat. West f. 419 420 421 c. Walsingham f. 57. n. 50. c. A. D. 1291 1292 1293 1294 c. Peace broken between France and England English and French Seamen who plundered one anothers Ships and seised them where-ever they met at Sea or in Harbour from single Ships they brought Fleet against Fleet each side complained to their Kings and Satisfaction was demanded on both sides Several Endeavours were used to Compose these Differences the Two Queens of France Consort and Dowager mediated a Peace and were forward in it The Pope sent Two Cardinals to the Two Kings to the same purpose divers Means were contrived for Satisfaction on both parts but none took effect The King of England offered an Interview or a Reference to Commissioners to end all Controversies and adjust the Losses and Damages of the Subjects of both Nations but neither was accepted The King of France charged him That The Charge against King Edward his Subjects and Merchants were Robbed spoiled of their Goods and imprisoned by his Consent and also with Contempt and Rebellion in denying his Superiority and Dominion in Aquitain For which he peremptorily 2 Mat. West f. 419. n. 40. the Writ or Citation it self which is very long He is Cited to appear at Paris And upon non-appearance adjudged to have forfeited his Lands in France cited him to appear at Paris Twenty days after Christmas-Day to answer what should be objected against him to stand to the Law and hear Judgment King Edward neglected the Citation or Summons and was by the Vniversal Sentence of the Peers adjudged to have forfeited all his Lands in France and the Constable was sent with an Army to take possession of that Dukedom Upon this seising of Gascony King Edward 3 Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parlement after Whitsunday next following in which it was Resolved to Recover Aquitain or Gascony by Force and Arms whereupon * Ib. n. 50. he sent the Arch-Bishop of Dublin and the Bishop of Durham with other Great Men to the Emperor of Germany called then King of Almain to make an Alliance with him against France and for 100000 l. Sterling paid unto him a good Sum in those days the King and Emperor became acquainted who were scarce known to one another before all Difficulties between them were overcome and great Things were expected from this Alliance The King intending to pass into France with an Army was detained at Portsmouth by * Ibm. f. 422. n. 10. contrary Winds from Midsummer-day to the Exaltation of Holy Cross i. e. the 14th of September On the Vigil of St. Mathew the Apostle he called another 4 Ib. f. 422. n. 30. Parlement or happily this might be the same wherein to support the War the Clergy granted a Moyety of their Benefices and Goods at three Payments whereof the first to be at the Feast of All-Saints next coming the second Fifteen days after Easter and the third Fifteen days after Midsummer the Writ appointing the Collectors in the Diocese of Canterbury bears Date Septemb. 30 and is to be found amongst the Records of Trinity-Term 22 Ed. I. Rot. 68 with the King's Remembrancer in the Exchequer On the 5 Claus 22. Ed. I. M. 6. Do s A Tenth granted by the Laity the first day of the Parlement Morrow after St. Martin or the 12th of November next following the Earls Barons Knights c. gave a Tenth part of their Goods on this very first day of the Parlement and the Commissions to the 6 Pat. 22. Ed. I. M. 2. in cedula The Citizens c. pay a Sixth part Taxors and Collectors of it are Dated the same day The Citizens Burgesses and Tenents of the King's Demeasns paid a sixth part of their Goods but not granted in Parlement there were Commissioners sent unto every City Burgh and Town of his Demeasns 7 Inter Recorda 23 Ed. I. n. vel