his stead for the Remainder of the Year The Commons request that the King would appoint two Earls and two Barons to receive as well their Subsidy as the Subsidy of the Clergy and the Subsidy of Woolls granted in the last Parliament so as the same may be imploy'd upon the Wars and that the High Treasurer do in no wise intermeddle therewith But when afterwards it was made appear to how great a Sum the Wages of these Four Treasurers would amount then the Commons changed their Mind and required that the High-Treasurer might be the sole Menager thereof for the use of the Wars Afterwards viz. on the 22d of February certain Bishops and secular Lords and also the Chancellour Treasurer and Keeper of the Privy Seal by the Kings appointment went all to Sheen in Surrey where the King then lay sick and there in presence of them all the Articles of the Kings General Pardon were read with the Answers made to the Petitions of the Commons to which the King agreed willing that they should be read in the House the next day on which day he order'd them to be dissolved And so it was done the next day being the Twenty-third of February by Authority of the King and Prince Richard the President Petitions of the Commons with their Answers That all Persons and Corporations may have the Pardon freely without paying any thing for the Great Seal Such as for Felony are to sue shall do the same before the Nativity of St. John and pay the Fees only The Prelates Dukes Earls Barons Commons Citizens Burgesses and Merchants of England in this Parliament Å¿ Vid Mr. William Prinne in his Edition of S. Rob. Cotton's Abridgm p. 152 Petition the King not only for a Pardon in General and of Fines and Amerciaments before the Justices of the Peace not yet levied in special but they also subjoyn thereto this memorable Request That in time to come Your said Prelates Earls Barons Commons Citizens and Burgesses of your Realm of England may not be henceforth Charged Molested nor Grieved to make any Common Aid or sustain any Charge unless it be by the common Assent of the Prelates Dukes Earls and Barons and other People of the Commons of your Realm of England and that in full Parliament And that no Imposition be put upon their Woolls Wooll-Fells and Leather above the Ancient Custom that is to say of One Sack of Wooll Half a Mark and of One Last of Skins One Mark of Custom only according to the Statute made the Fourteenth Year of your Majesties Happy Reign saving unto Your Majesty the Subsidy granted unto You the last Parliament for a certain time and not yet levied To all which the King then gave Answer As to that That no Charge be laid upon the People but by common Assent The King is not at all Willing to do it without great Necessity and for the Defence of the Realm and where he may do it with Reason And as to that That Imposition be not laid upon their Woolls c. without the Assent of the Prelates Dukes Earls Barons and other People of the Commons of his Realm There is says He a Statute already made which the King wills to stand in its full force That such as owe unto the King may upon their Account be allowed of all such Laones as are due to them or to any of their Ancestors The Treasurer and Barons shall make allowance of due Debt That title of Prescription of any Liberties may as well be allowed as if it were by Grant and that Prescription may be from the Coronation of the King. The King by Advice will do herein as he shall think best That the Justices of the Peace do not enquire into any Articles which are to be redressed in any Lords Leet but only concerning the Peace and Labourers and that they hold their Sessions Four times a Year The Statutes heretofore made cannot stand if this be granted That the Patent of Reynold Chambers for being Water-Bayliff of the Thames may be revoked because on that pretence he suffereth Kiddles Trinks and other unlawfull Nets to be laid and cast in the said River of Thames The Chancellour calling unto him the Citizens of London the Constable of the Tower and Reynold Newport shall take Order therein The Citizens of London pray that the King will confirm unto them their Liberties for punishing all Misdemeanors in Southwark and that Commandment be given that the Marshal do not intermeddle within the part of Southwark which is called Gildable The King cannot do it without doing wrong to others The Citizens of London require Confirmation of the Kings Letters Patents made to them that no Stranger should sell any Merchandise or Ware to any other Stranger to the end that the same should be sold again Then follow the very Words of the Patent The King will be thereof informed The same Citizens pray that they may place and displace Coroners among themselves answering unto the King what belongeth thereto The King will not depart from his Ancient Right That no Alien do remain within the Realm during the Wars unless he be a Merchant or Artificer and that no Englishman become any Farmer to any Alien without Licence In which Act they protest that of Temporal things they owe Obeisance to none but to the King. The King by Advice will take Order therein That all Provisors of things from Rome and their Ministers may be out of the Kings Protection The Pope hath promised Redress the which if he do not the Laws therein shall stand That new Perambulations of the Forest be made according to the old Bounds out of which if any Forester do attache a Man that the attached may have his Writ of false Imprisonment Many Counties are not grieved wherefore let such as be shew their Complaint and they shall be heard That it may be declared what Pleas the Marshal shall hold and that Prescription may be as well allowed before the Marshal as before others the Kings Justices They shall hold such as have been in the times of the Kings Progenitors That no Man be impeached for hunting within the Purlieu or without the bound of the Forest and that there be levied no t Vid. Semneri Glessar in Assartari c. Assartments The Charter of the Forest shall be kept and as to the Assart the Demand is unreasonable That as well the Priest that taketh unreasonable Wages as the Giver thereof may either forfeit double to the King and that the same may be tryed before the Kings Justices The Statute therefore made shall be executed That the next Heirs of the Kings Wards may have the Wards Lands in Farm. There is a Statute therefore made That none of the Kings Officers be maintainers of any Quarrels within their Countries on pain to lose their Offices and to answer doubly to the Party grieved The King hath forbidden his Officers so to do and if any be grieved he
Ancient Liberties or free Customs of our Church of Canterbury or diminish them in any thing or knowingly contravene the Privileges granted thereto or do ought against them and also those who wickedly and injuriously presume to disturb the Peace and Tranquillity of the King or Kingdom of England or shall give Counsel Aid or Favour thereto by the Authority and in the Name of God the Father Almighty and of his Son Jesus Christ of his most blessed Mother the Virgin Mary of blessed Thomas the glorious Martyr and of all the Saints Item That whereas in the great Charter of Henry once King of England it was Granted and Ordained that no Freeman of the Realm of England should be taken or imprisoned or disseised of his Free-hold or his Liberties or his Free Customs or be Outlaw'd or Banished or any other way molested and that upon a Freeman the Law should not pass unless by the lawfull Judgment of his Peers or by the Law of England and that the King would deny or sell or delay right and justice to no Man And that the City of London should have all her Ancient Liberties and Free Customs And several other Liberties and free Customs are prudently in the said Charter granted to the Realm of England to the Praise and Honour of God the Peace of the Catholick Church and the Quiet of the Realm And by the Archbishop and Bishops of the said Kingdom those have been excommunicated anathematized and sequestred from the Pale of Holy Mother Church who after the Grant of the said Charter and the Liberties and free Customs therein and in the Charter of the Forest contained and granted to the Church of England by any art or devise should violate infringe diminish or alter privily or openly by Deed Word or Counsel in rashly going against them or any of them in any Article Many notwithstanding not ignorant of the Premises do now rashly attempt to go against the said Charters the Liberties and free Customes in the said Charters contained and mightily endeavour to infringe them Now we being desirous to overthrow their detestable designs and to dissipate their vailed and pretended Ignorance by reducing the Premises into the notice of all Men do in general admonish all and singular who have done against the Premises in any manner of way or contrary to the said Charters or either of them have made Statutes or have kept them when made have introduced Customs or have kept them when introduced also the Writers of Statutes and Counsellours and Executors and those who shall presume to judge according to them That duly they amend themselves and by the appointment of their Ordinaries make full satisfaction for their Offences within 15 Days to be reckon'd from the time of this our Admonition Whom upon their Non-obedience from that time we denounce publiquely and solemnly to have incurred the said Sentence of Greater Excommunication confirmed of sure knowledge by Pope Innocent the IV. Item That all and singular who from the Houses Manors Granges or other Places to Archbishops Bishops or other Ecclesiasticall Persons belonging shall presume to take away seise consume or touch any thing against the Will of the Owners or those who are deputed the Keepers of the said thing or cause the said thing to be taken seised consumed or touched and approve the taking away the seising consuming or touching of the said thing done by their Abettors or in their Name are Violators of the said Liberties and Privileges Ecclesiastick and we publiquely and solemnly in these Writings denounce them ipso facto to incurr the Sentence of Greater Excommunication which in the Council of Oxford was made against the Violators of the Liberties of the Church Item Because the Iniquity of the times renders the Clergy odious to the Laiety insomuch that the Latter do seise on the Former and detain them against their Wills or not permit them to go freely whither they please we publiquely and solemnly denounce all and singular as well Clergymen as Laymen within our Province of Canterbury who knowing them to be Clergymen and publiquely and notoriously to be held and reputed for Clergymen and also to bear themselves as so having not confessed any crime nor being convicted or indicted do in custody or prison put and detain them against their Wills rashly in a Case not permitted by Law or the Custom of the Realm of England to the Scandal and manifest Injury of the Clergy to be involved in the Sentence of Greater Excommunication in this part made by the Canon Item Whereas all and singular who in our Province of Canterbury do maliciously from the false instigations of Hate lay a Crime to the charge of any Person or Persons who among good and grave Men were not before defamed of the said Crime whereby on occasion of the Charge they may any ways be grieved are and have been envolved in the Sentence of Greater Excommunication justly made by Holy Fathers in the Council of Oxford against Defamers of this kind and those who knowingly offend against Archbishops or their Spiritual Fathers Ambassadors of Christ Pillars of the Church do commit a sin so much the greater as is the Eminence of the Person offended We by the Authority wherewith we are invested do publiquely denounce all and singular who in our Province of Canterbury have falsly wickedly and malitiously already presumed or hereafter shall presume to lay to the Charge of an Archbishop or Bishop or any other the Crime of Treason or any other Crime contrary to the Constitution aforesaid to be involved in the said Sentence of Greater Excommunication in the said Council discreetly made and to be sequestred from the Pale of Holy Mother Church c. Besides all this the Archbishop sent the Letters afore-mention'd to all his Brethren and Suffragans that they also in their several Diocesses and Precincts should publiquely promulge the Sentences above-written Whereupon the King hearing of these Letters of the Archbishop and considering them together with others which as r Walsingh hist p. 142. n. 4. was thought some Courtiers had forged in his Name to render him more obnoxious that he might more plainly detect the Archbishops Falshood and establish the Reputation of his own Justice wrote this Letter to the Bishop of London and sent a Copy thereof to the Prior and Chapter of Canterbury VIII Å¿ Antiq. Brit. p. 224. Walsing hist p. 142. Fox Acts and Mâ—num p. 349. EDWARD by the Grace of God King of England and France and Lord of Ireland to the Reverend Father in God Ralph Bishop of London Greeting It is manifest by old approved Histories but more clearly appears by what is dayly practised that many Men abusing the Favour of Princes and the Honour conferr'd upon them and waxing insolent thereby do sometimes by malitious and sly Insinuations endeavour to deprave the laudable Undertakings of Kings And that what we say may be rendred more manifest to all our Liege People We suppose
and delighteth in peace-full-minded Men thereby to put an end to the foresaid Evils which no doubt do now grievously offend him Furthermore We have great cause to marvell that our Reverend Brother Annibald Bishop of Tusculum and our Beloved Son Stephen of the Title of St. John and St. Paul Priest and Cardinal of the Apostolick See being sent as Legates from Us and the said Apostolick See to treat of Peace thô they diligently and faithfully labour'd for the same as Lovers of Verity Justice and Equity and therewithall had an high regard to your Honour could not yet for all that obtain Licence as touching any Treaty relating to the said Peace to be admitted into your Royal Presence Wherefore We more earnestly desire your Princely Majesty and for the Mercies of God with more Ardency require the same that by taking up and preventing with the sweetness of Piety and Compassion the foresaid horrible Evils You may avoid the Vengeance of Gods indignation which were much to be feared if you should still persevere to foment those Evils which God forbid And as touching the Treaty of Peace for which the foresaid Cardinals were sent unto You howbeit secretly lest it might have been any Derogation to your Honour We desire You again to condescend thereunto and with your Affections to encline your Mind unto the same since Peace is so pleasing unto God so desirable to the World and so profitable both to You and the foresaid King and the whole Catholick Faith That so the said Peace being by Gods Assistance established and settled You may assay your puissant Valour about the Service of God in the foresaid Eastern Parts so good occasion as we said before being at this time offer'd which would be an apt Advancement of your Honour and no doubt a prosperous Augmentation of your Princely Name For We have heard of You that You are wont to behave Your Self servently and vigorously in all your Undertakings Thus We doubt not but that You will write unto Us again concerning the Premises and the Purport of your Intentions touching the same Dat. e e Ita Odor Rainald ex Copia Vatican malè ergo Fox 18 Febr. Avenion xviii Kal. Februarii Anno Pontificatus nostri V. This Letter was answer'd by King Edward in this Manner To the most Holy Father in God CLEMENT by Divine Providence Chief Bishop of the Holy Roman and Catholick Church EDWARD by the Grace of God King of France and of England and Lord of Ireland Devout Kissings of his Holy Feet Most Holy Father We understand by the Letters of the Reverend Fathers in God Annibald Bishop of Tusculum and Stephen of the Titles of St. John and St. Paul Priest Cardinals and Legates of the Court of Rome as also by your Holinesses Letters sent unto Us that you have great marvel for that your said Legates being sent unto Us to treat of an Accommodation between Us and our Adversary of France We would not yet suffer them to talk with Us secretly for the safeguard of our Honour the intention of your Heart being in that manner to have made the foresaid Accommodation Wherein also You complain and bewail the Death of Christian People the loss of their Goods and danger of their Souls the dolefull Cries and Lamentations of the Poor Orphans and Widows and the Destruction of other wretched People with the sacrilegious Robbings of Churches and other Mischiefs innumerable especially the Decay of the Christian Faith in the East which by the Wars between Us and our Adversary of France is deplorably impaired as the said Letters do import And that forasmuch as God hath given unto Us Triumphant Fortune We ought so much the rather to abase and humble our Heart and be the readier to accept of and encline to Peace Now as concerning all these Things most Holy Father We give your Holiness to understand that both to your foresaid Legates and other your Messengers sent unto Us to every of them We have still offer'd Reasonable ways of promoting of Peace and We every Day declare the same and that not secretly but openly For We are not afraid nor asham'd to make our Purpose manifest For He that is the High Judge both of ſ Philip King of France Him and Us in whose Dispose all things are hath given unto Us the Crown of France as our Right and Heritage The which Right our foresaid Adversary hath for a long time by Force detained from Us thô We sought in peaceable Manner to obtain the same and yet do if by any Reasonable way We may obtain the same And this the rather for the Benefit of Christendom and that the foresaid Evils might cease which by His Injustice only have had their Birth and Continuance Yet notwithstanding as you know before this time We assented to a Truce upon certain Articles contained in Writing all this he hath infringed Neither doth the Wrong which he offereth unto Us in our foresaid Heritage suffice but he endeavoured also during the said Truce to invade our Realm of England and other our Lands and furthermore maintaineth the Scots and aideth them for the utter Destruction of Us our People and Lands aforesaid So that We were enforced for the safeguard of our People and Lands by such Lawfull means as We might to defend Our Selves and frustrate his wicked Design For which intent committing our Quarrel to the Hands of God We are come against him to conquer our Heritage of France since when God hath given Us divers Victories over him as We trusted he would in his most Righteous Judgment and as We knew he was able by his Almighty Power Which indeed he hath graciously manifested unto Us all Chance of Fortune set aside in respect only of our Just Title and without the least of our Deserts Whereface with all Humility of Soul We always give him Thanks praising his Holy Name most devoutly both Night and Day For We acknowledge that these things were not brought to pass by our Strength and Force Wherefore most Holy Father We desire your Holiness and as much as in us lies earnestly require You that You who supply the Place of the Son of God on Earth and have the Care of the Souls of all Christians and therefore ought to be Indifferent Upright and Equal towards all Men without any Respect of Persons that You I say will receive good and true Information concerning the foresaid Objections and will put to your holy helping Hand that as much as in You lies our said Adversary of France may be brought to acknowledge the Wrong which in this Point he hath done unto Us and which by your Aid may be redressed But that especially he may receive no Aid nor Countenance from You in this his wrongfull Dealing For if it be so We then appeal unto the Supream Judge of Judges who for a time may permit Wrongs to be done for the sins of Mankind but in the end redresseth the same neither leaving
lived but Miserably The Principal Authors in due Season we shall see brought to Condign Punishment VIII The young b Walsing hist p. 109. n. 20. Fox Acts and Monuments p. 345. King in his return to London was heartily welcomed by the Mayor and Aldermen and the whole City For he was a Prince of great hope and had much vivacity in his Countenance and courage in his Breast upon which account all his Subjects lov'd him entirely The gratefull Prince to set a Mark of his Royal favour upon that famous Metropolis in a Parliament held at Westminster c Joh. Tinemouth Aur. hist p. 229. a. in Bibl. Lambeth which began on St. Brices Day of his own accord confirmed unto them their former Liberties and granted new ones which they never had before Ordaining that the Mayor of London for the time being should sit in all Places within the Liberties as the Kings Chief Justice and that every Alderman who had been Mayor should while he continued true to the King and his Laws be always Justice of the Peace within his own Ward He also granted unto the Citizens the Fee Farm of London for three hundred Pounds per annum And that the lawfull Franchises of the City should not be seized into the Kings Hands but only on Occasion d Inst par 2. f. 20. Mirror c. 5. §. 2 Fleta l. 2. c. 48. Plowd com fol. 40. Instit par 4. f. 253 Rich. Grafton p. 217. of Abuse or Misuse e Stow's Survey London p. 248. p. 604. or for Treason or Rebellion countenanced or done by the whole City Further he ordain'd that Southwark should be under the government of the City and that the Mayor of London as Bailiff of Southwark should depute after his own pleasure the Bailiff of that Burrough under him About the same time also he made the Company of Skinners in London a Corporation as they have ever since honourably continued even to this day Himself for their greater Honour vouchsafing to be of their Brotherhood as afterwards other Kings did in imitation of so great a Precedent namely Richard the Second Henry the Fifth Henry the Sixth and Edward the Fourth Nor hath this Honourable and Ancient Company been ungratefull to the Memory of this their Glorious Founder but take all occasions to testifie their Respect to his Name and to preserve his Glory to Posterity Particularly of late they have at their own proper costs and charges erected his Statue among the Kings of this Land in the Royal Exchange in London To accompany the late unhappy King of England to his Grave there died about this time many other Potentates Princes and Prelates thô none so unfortunately and by such treacherous Cruelty as our Edward of Caernarvon And first there died Charles Earl of Valois younger Brother to Philip the Fair late King of France and Uncle to Charles the Fair then King of France and Father to Philip of Valois afterwards in Opposition to King Edward the Third made King of France He had been all his time a right Frenchman that is an inveterate Enemy to the English Nation Nor did his Nephew Charles King of France himself long survive him But departed this life without Issue being then about 32 years of Age on the Kalends of February Anno Dom. MCCCXXVIII when he had Reigned six Years and one Month leaving his Queen big with Child which notwithstanding died shortly after the Birth So that the Right to the Crown devolved thereupon to our King Edward the Eldest Son and Heir of Isabella the said Charles his only Sister surviving and the Daughter of Philip the Fair. But the French Nation either despising King Edwards Youth or moved by their own evil Genius for it was afterwards the occasion of unspeakable Calamities to that Kingdom prefer'd Philip of Valois the Nephew of Philip the Fair before King Edward the Son of Philip's Daughter to the Throne of France Accordingly on the 29 day of May following * Lit. Dom. CB. Pascha 3 April being then Trinity-Sunday he was Crowned at Rheimes f D'Avila l. 2. ad An. 1561. where the Holy Oyl wherewith Cloüis their First Christian King was anointed is still kept with great Veneration But the ill consequences of this his Coronation will abundantly appear hereafter There died also this Year the Lord g Buchan p. 277. Walter Stuart of Scotland Son in Law to King Robert Bruce and by the Lady Margaret Father to Robert Stuart who was afterwards King of Scotland the First of that Glorious Family From whom is descended our Present Gracious Soveraign King James the Second whom God grant long and happily to Reign About the same time Elizabeth Queen of Scotland deceased and not h Id. Junii An. 1328. long after there departed this life the King himself Robert Bruce that valiant Captain very old and as was said infected with the Leprosie leaving behind him David his only Son and Heir a young Prince of about Eight Years old of whom we shall say much in the Process of this History This King i Dugd. 1 Vol. p. 447. Robert Bruce was by birth an English Baron as was also John k Id. ibid. p. 523. Baliol his Competitor thô by Marriages of their Houses with the Royal Line of Scotland they Both at last had a Title to the Crown of that Kingdom King Robert beside his Brother l Speed p. 558. §. 33. Edward who was slain in battle by the English in Ireland had a younger Brother named Bernard Bruce from whom descended the Noble Edward Bruce of Kinlosse in Scotland a Person of great esteem and Merit in the Court of our English Solomon King James the First His Son m Wright's Hist of the Antiq of Rutlandshire p. 50. c. Thomas Lord Bruce was by Letters Patents dated the 21 of June in the Ninth of the said King James created Earl of Elgin in Scotland and on the First of August the Seventeenth of King Charles the First advanced to the Degree of a Baron of this Realm as his Ancestors for many Ages before had been by the Title of Lord Bruce of Wharlton in the County of York Whose Son and Heir Robert Lord Bruce was a Person of such eminent merits as well for his signall Loyalty in the late unhappy Defection as since the Happy Restoration of Monarchy that for a further addition of Honour King Charles the Second of Blessed Memory by Letters Patents bearing Date the 18 of March in the Sixteenth Year of his Reign advanced him to the Titles of Lord Bruce of Skelton in the County of York Vicount Bruce of Ampthill in Bedfordshire and Earl of Aylesbury in the County of Buckingham And being also Hereditary High Steward of the Honour of Ampthill Lord Lieutenant of the Counties of Bedford Huntington and Cambridge Lord Chamberlain of the Kings Houshold and One of the Lords of His Majesties most Honourable Privy Council he lately departed
safe with a merry Gale to Dover In their Approach to London f Knighton p. 2552. the Mayor and Aldermen went forth in their Habits well attended to meet their New Queen and to do her honour 'T was about Christmass when she came to London and the whole City enlarged their Joys and Feastings in honour of so welcome a Guest From London they all went to York where the Court then was and there g Id. Ibid. Frois c. 19. Fabian p. 195. Lit. Dom. C.B. on the twenty fourth Day of January being a Sunday and the Eve of St. Pauls Conversion the Marriage was Solemnized at which Dr. h M.S. Vet. Ang. in Bibl. C.C.C. c. 216. William Melton Archbishop of York and Dr. John Hotham Bishop of Ely sang the Mass And afterward i Sandford Geneal hist p. 159. on the first Sunday in Lent following was the Young Queen crown'd at Westminster with much Pomp and Glory Upon these happy Nuptials there was great Joy over all England but especially at Court where there was nothing but Justs and Turnaments in the Day-time Maskings Revels and Interludes with Songs and Dances in the Evenings and continual Feasting with great Magnificence for three Weeks together Soon after the Queens Coronation all except a very few of her Attendants Relations and Countrymen departed with her Uncle the Lord John of Beaumont into their own Country highly satisfied with their Entertainment and well rewarded by the King of England Among those few necessary Servants that stay'd here with her there was one a very proper and well-shap'd young Gentleman of strong Limbs and exalted Courage named Sr. Walter Manny k Frois c. 19. Lord of the Town of Manny in the Diocess of Cambray who was then Carver to the Queen but after that became for his exceeding Valour Generosity and Eminence in all Vertue One of the most Renowned and Gallant Knights in the whole World as the Sequel of this History will abundantly declare Now l Ashmole p. 669 there had been before in this King's Father's Days several other Matches proposed for him thô none of them took but this last And first his Father had design'd him for the Lady Margaret Eldest Daughter to William the Good Earl of Heinalt and Sister to this Queen Philippa who was afterwards Married to Lewis the Emperour Another time for Sibylla a Kinswoman of the said Earls and thirdly for Iolant the Daughter of James King of Aragon fourthly for the Lady Eleanora Sister to Alphonso King of Spain and while this Match was in Treaty another Alphonso King of Portugal propos'd his Daughter to the Prince but neither this nor that came to any effect because all former measures were broken by that great and sudden Alteration of Affairs in England II. And thus was King Edward a Married Man at the age of Fifteen but not fully Lord of himself being kept from the true Knowledge of Affairs by the Queen Dowager and her Minion the Lord Mortimer who by his great Power with her so Lorded it over his Betters that he began to grow insupportable to the Kings Uncles and Henry Earl of Lancaster which ill-will of their's was encreased by this Occasion In m M.S. vet Ang. in Bibl. C.C.C. c. 216. Whitsunday Week being the latter end of May there was a Parliament held at Northampton in which first King Edward began to stir about his Title to France For Charles the Fair King of France and Brother to his Mother Isabella Queen Dowager of England being lately dead without Issue-Male notwithstanding that King Edward acknowledged their Salic Law whereby an Infant Daughter of the said Charles was excluded wherefore neither did He claim the Crown for his Mother yet he maintain'd this Point n Mezeray ad an 1328. That the Sons of the Daughters having no such Imbecillity of Sex were not at all uncapable and that so the Peers of France ought to prefer him who was a Male and Grandchild to King Philip the Fair before Philip of Valois another Pretender to that Crown who was but a Nephew These things o Antiq. Brit. p. 228. n. 50. being discussed in Parliament it was thereupon Ordained That Adam Orleton Bishop of Worcester and Roger Northborough Bishop of Coventry and Litchfield should go into France and there in the Name of King Edward their Master claim that Kingdom and as much as in them lay hinder the Coronation of the said Philip of Valois But of this matter we shall say no more till we are called to enter upon the Wars of France which King Edward in his Riper Years undertook upon this Occasion Now we must look upon him as influenced by others counsels and so neither Formidable abroad nor Powerfull at home and one notable Instance thereof appeared in this very Parliament at Northampton where not so much the Honour and Profit of the King and his Realm was respected as the enriching security and advancement of the Lord Mortimer Here the two Spencers Father and Son Edmund late Earl of Arundel who had been executed by the Queen Mothers Party without any legal Process made against them And Walter Stapleton late Bishop of Excester whom for firmly adhering to his Master King Edward the Second against Queen Isabell's Pretensions the Commons of London had in a seditious tumult illegally beheaded together with his brother p Godw. Catal. B shops p. 405. Sr. Richard Stapleton a valiant and loyal Knight who died in the same manner at the same time all these now thô dead * Martin Ed. 3. p. 104. M. S. Record p. 12. Sr Rob. Cottons Abridgm p. 8. were in this Parliament attainted of High Treason by the directions and influence of the Queen Mother and the Lord Mortimer Whether it proceeded of implacable Malice which recked not to pursue them even into their Graves or whether by this means they meant to cover their former unjustifiable Proceedings against those Persons by a subsequent countenancing of the Action in Parliament Such pittifull shifts are Men put to when once they deviate from the straight way of Justice and Vertue thô at last all disguises must fall off and Wickedness appear open in all its natural Turpitudes From the same Influence also at this time by very subtle dealing and precontrived Overtures which the Scots were underhand dealt withall to propose a base and dishonourable Peace was struck up with that Nation profitable indeed to Mortimer and the Old Queen who with Adam Orleton Bishop of Worcester were the chief contrivers of it but utterly inconsistent with the Honour of the Young King or Profit of his Realm and People The Reason that moved the Scots to part with so much Money as was given by them upon the Establishing this Peace was because they were beforehand assured that they should have a good Return made them in consideration thereof beside they were sure to loose much more by the War next Year if continued because their
Grievance to the whole Kingdom Among other of their Licentious Practises the Lord Chief Justice e Knighton p. 2559. n. 60. Sr. Richard Willoughby going after Christmas towards Grantham was taken by one Richard Fulvile and by force carried into a Wood hard by where being siesed by certain of these Lawless Fellows he was compell'd to lay down immediately Ninety Marks as a Ransom for his Life and also to swear never to discover them Upon News of these and the like Insolencies the Young King resolving now to be Master of his Crown sends forth his Justices of Trailebaston two and two with Power to enquire after all Mayors Sheriffs Bayliffs Escheators and others who had abused or neglected their Offices by Extortion Bribery Fear or Favour and after all such as had failed in the due Execution of the Laws whereby these Licentious People began first to take such Boldness upon them The form of the Writ thô of moment I forbear to transcribe because 't is already Extant in f Holinshead Engl. Chron. p. 840. Holinsheads Chronicles and elsewhere But least the Law should fail of Power to maintain it self the Young King takes to him some choice Troops of Armed Men with many Light-Horsemen well mounted and marches forth in Person to discover these Enemies to Government Some Parties of these Audacious Villains were met with by him nor did they much decline the matter Success had made them so Impudent But Majesty and Vertue are more Valiant than Vice and Rebellion so that they are all soon Worsted by the Brave Young King and become an Example to others some of them being slain in Skirmish many Hang'd and Quarter'd a few Beheaded others imprison'd and put to great Fines and in short such Order taken with all that the whole Kingdom was kept in Peace and quiet at Home all his Reign after VI. On the Thirtieth g M.S. p. 14. Sr Rob. Cotton Statute Bock c. of September or the Morrow after St. Michael being a Monday the King held his High-court of Parliament at Westminster to consult about the Affairs of Guienne and other his Lands beyond the Seas as also concerning a Peace to be had with France and to conferr about the Matters of Ireland These were by John Stratford Bishop of Winchester and then Lord Chancellour of England offer'd as the reasons inducing the King to call that Parliament The Affairs of Guienne were not in so ill a posture the h Knighton p. 2563. Earl of Vlster being now there and Sr. John Darcy Justice of Ireland having been sent thither the Year foregoing i Dugd. 1 Vol. p. 371. especially because of the late Composure between England and France the French being also at this time about a Treaty with England Yet because then a Peace is most likely to be made on good Conditions when he that treats is in a posture of Defence it was thought fit to provide something for the Defence of those Parts however And therefore Sr. John k Dugd. 2 Vol. p. 151. a. St. Philibert a Baron of great prudence and valour was now by the King appointed to be Major of the City of Bourdeaux having an assignation of an 100 l. allow'd him for the Expences of his journey thither thô this Worthy Gentleman deceased about two Years after Sr. Oliver Ingham a mighty Baron and One of the Twelve appointed for a Guide and Counsellour to this King at his Coronation had now his l Dugd. 2 Vol. p. 104. Patent which had been granted him seven Years before for the Seneschalsie of Aquitain renewed and not long after he was sent over with pretty considerable Forces Of whose valourous Exploits this Book will not be silent At the same time the Lord m Dugd. 2 Vol. p 34. Ashmole p. 693. Bartholomew Burwash senior was constituted Seneschall of Ponthieu in Picardy which King Edward held in right of his Mother with whom that Earldom was given upon her Marriage with the King his Father As for Ireland it was resolved that the King in Person should go thither that to prepare his way a certain power of Armed Men should go before him under able Commanders and that those especially who held any Lands there should make speedy repair thither for Defence of that Kingdom as also that all learned Men in the Law who should be appointed as Justices or otherwise to serve in Ireland should by no means be excus'd on any pretence whatsoever And further 't was order'd that search should be made into his Majesties Records to see what Methods had been formerly taken for the civilizing and governing that Country As to the Affairs n M. S. p. 14. §. 3. Sr Rob. Cotton's Abridgement p. 9 §. 3. with France the King by his Chancellour demanded whether he had best treat with that Crown by way of Amity or Marriage The Commons humbly conceived that Marriage would be the best way whereupon certain were appointed to consult about this Treaty and a o Ashmole p. 675 Commission was given to Sr. John Darcy and Sr William Trussel to treat and agree with King Philip or his Deputies upon the Premises Now for the better understanding of this Matter it appears from the Records as we shall more fully shew hereafter that near this time King Philip being taken up with thoughts about the Holy War that he might be sure of King Edward of whose pretences to that Crown he was jealous had offer'd to enter into a strict Alliance with him by p Ashmole p. 675 Sandferd p. 184. a Marriage between a Daughter of his and the young Prince Edward of England And lest that might not suffice had importun'd him to be his Fellow in Arms and in Person to accompany him into Palestine or as q Odoric Rainald Add. tâ—ad Annal. Barerâ—i 1331. â— 29 c. Others say into Spain to fight against the Moors of Granada But because nothing was done in this Matter yet only it was refer'd to the foresaid Commissioners to advise about it we shall remitt the further prosecution hereof to the next Year to which it more properly belongs Yet this we must not pass over that now upon Occasion of the King 's being invited into France the former Resolution that he should personally go into Ireland took not effect this Year and as for the next other Business put it off and the Scotch Affairs the Year following wholly null'd it so that the King went not thither at all as it had been here resolved only an Armed Power was sent thither the Year after this In this Parliament St. Hugolin the Granchild of the Lord Hugh Spencer the Elder who with his Son Sr. Hugh had in the late Revolution been illegally executed by Queen Isabell having first by his great Valour r Holinshead Engl. Chron. p. 880. in holding his Castle against the said Queen compounded for his life and since that Obtaining his Majesties Gracious Pardon was now
Mind might be known had conceal'd him at the Lady Vesci his sister's House The Lord Richard Talbot was now also restored to the Lands which he claim'd in right of his Lady h Dugd. 1 Vol. p. 326. Elisabeth another of the Cosins and Coheirs of the said Lord John Cumin of Badenagh Earl of Buquan as David Strabolgi Earl of Athol in Right of his Mother i Dudg 1 Vol. p. 96. Joan the other Cofin and Coheir whose Name Others reckon to be Katherine had Livery of his Lands at the same time Besides these King Bailiol gave to the Lord k Dugd. 1 Vol. p. 274. Henry Percy of Alnwick Castle in Northumberland a Grant of the Inheritance of the Pele of Loughmaban as also of Anandale and Mossetdale with all the Knights Fees and Advowsons of Churches within those Valleys in as full and ample Manner as the Lord Thomas Randulph sometime Earl of Murray ever had them And moreover of divers Lands in that Realm which had belonged to other Men of the Brucean Party The like Grants were given to Ralph Lord Nevil of Raby John Lord Moubray and Sr. l Dugd. 1 Vol. p. 184. Edward Bohun Brother to John Earl of Hereford and Essex and Constable of England all Men of great Nobility and Valour These with some few more came to this Parliament held by King Bailiol as Peers of Scotland and as owing Homage for their respective lands held of him partly to settle their own Affairs and partly m Rot. Sâ—oc 7. Ed. 3. m. 2. as Commissioners from the King of England to see those Agreements ratified and confirmed that had been made between the two Kings And in this Parliament n Holinsh Eng. Chren p. 896. were revoked and made null and void all Acts Statutes and Ordinances which the late Kings of Scotland Robert or David had made and it was enacted That all such Lands and Possessions as either of the said Bruces had given granted or confirmed to any Person or Persons whatsoever should be now taken away and restored to the former and true Inheritor Thus was David seemingly unking'd and Bailiol to all appearance fixed in the Scottish Throne but we shall quickly see him at the bottom of the Wheel again and once more King David must be lifted up thô to his greater loss and trouble But now we must shut up this Active year with a few Memorandums of Mortality For Lewis Beaumont Bishop of Durham o Gedwins Cata. Bps p. 661. departing this life in September on the 19 of December following Dr. Richard Bury formerly the Kings Tutor was consecrated Bishop in his stead in the presence of the King and Queen of England and of King Bailiol of Scotland besides 2 Archbishops 5 Bishops 7 Earls and many other Noble Personages both Lords and Ladies So obligingly Gracious was this Mighty Monarch to the Man that taught him as indeed for his great Learning and Abilities he did well deserve Also on the 12 of October following p Gâ—dâ—ins Catal. Bps p. 132. Therne's Chron. p. 2066. Dr. Simon Mepham Archbishop of Canterbury deceased at his Mannor of Magfield and was succeeded in that See by Dr. John Stratford Bishop of Winchester a Man of great Learning Judgment and Loyalty And on the 13 of the same Month Sr. Hugh Poynz q Dugd. 2 Vol. p. 2. a noble and valiant Knight and Baron of this Realm went the way of all Flesh leaving behind him Nicholas his Son and Heir from whom many worthy Branches are descended CHAPTER the SEVENTH The CONTENTS I. A Parliament held at York II. Edward Bailiol King of Scotland renders Homage to King Edward of England whereby the Scots begin first to be distasted again John Duke of Bretagne likewise renders Homage to the King of England for his Earldom of Richmond III. A Council at Nottingham which produces a Parliament at Westminster Wherein King Edward shews his Resolution to go with the French King to the Holy Land Vpon which he sends Ambassadors to the Pope and King Philip but that Design is broke IV. King Bailiol causes a disgust among his Friends whereat his Enemies take Advantage till being reconcil'd again he grows stronger However his Enemies get to a Head again and for a while prosper V. King Edward startled at the News prepares for another Expedition to Scotland in Person He arrives with his Army at Newcastle The Lord Edward Bohun Brother to the Earl of Hereford and Essex unfortunately drowned I. KING Edward of England in his March toward Scotland AN. DOM. 1334. An. Regni VIII which as we have observed he began in the November foregoing a Fabian p. 200. Grafton p. 229. stay'd to keep his Christmas at the City of York Thence he went and laid Siege to the Castle of Kilbridge which he presently took by fine force and thereupon having confer'd with King Bailiol and pretty well settled Affairs in those parts he return'd again after Candlemas b Holinshead p. 896. B. Dom. Lit. Pasc 27 Martii to York in order to hold his Parliament which he had summon'd to meet him there the next day before St. Peter in Cathedrâ being the 21 of February and a Monday the second Week in Lent. Here it was c M.S. Rec. Par l. p. 20. 21. §. 1. c. Sr. Rob. Cotton p. 15 §. 1. c. Enacted that the Great Charter of the Forest and other Statutes should be observed and that what Clauses therein were obscure should be by good Advice more fully Explain'd It was also petition'd that in every County one Justice of the Peace Learned in the Law should be appointed as Chief over the Rest before whom all Offences should be sued to the Outlawry And that these were yearly to make an Account of their Doings before the King. To which the King replying he would be advised granted that they should yearly send up an Extract of their Proceedings into the Treasury and to Encourage them the more herein undertook to d Ibid. § 4 provide that each of them should have certain and limited Fees allow'd him To the Petition that no Pardon be granted to any Outlawed by any suggestive means but only by Parliament his Majesty answer'd that the Statutes made should be observed and whereas it was Requested That Sheriffs might continue but one Year according to the Statute of Lincoln and Woodstock he told them that the Statutes made should stand and that the Chancellour and others who were appointed to make Choice of Sheriffs should name Able Men who were to continue One Year or longer according to their Demeanour It was now Enacted that the Justices of the Kings Bench and the Common Bench Justices of Assise and of the Peace in every County should Determine of false Jurors and Maintainers Moreover the King by his Letters Patents charged all Archbishops and Bishops to cause Excommunication weekly in every Parish to be Denounced against all such Offenders
ready to accompany the French King to the Holy Land in order to fight against the Common Enemies of Christendom In the discussing and debating of these Articles the King of France was so zealously bent on the Holy War and such diligence was used by his Council not one at that time daring on the suddain to contradict that in the end a full Conclusion of the Peace on the Terms proposed was agreed on and Matters proceeded so far that Proclamation was order'd to be made thereof the next day in Paris and the Towns thereabouts But whether by the Fickleness and Inconstancy of King Philip or the Advice of some Scotch Pensioner in his Council or a sense of Generosity and a Commiseration of King David's exil'd Condition or by some secret Impulse of Heaven for the sins of Christendom and the punishment of France scarce were the English Ambassadors return'd to their Lodgings but they were remanded back again to Court where presently new Scruples were started which chiefly concern'd the third Article For thô as to the second Demand King Philip stood stifly against it at first unless all the Charges his Father Charles had been at in those Gascoigne Wars were repaid him by the King of England yet that when 't was made appear that the War it self was unjust he easily remitted But now as to the third Article King Philip answer'd peremptorily That he could not either in Honour or Equity desert his Friends the Scots in this their Oppression they being his Confederates and just Men Nor ought he to esteem King Edward worthy of his Friendship while he continued War against them That himself was as all Kings ought to be a Friend to Justice from which he should never swerve either for Affinity or Advantage or any other Consideration whatsoever but that he would to his Power vex and molest all the Disturbers of the Peace of Scotland For said he there will never be perfect Peace and Quietness in Christendom till the King of France shall stand as Umpire between the Realms of Scotland and England And therefore he briefly told the Ambassadors that having better consider'd of it he was resolv'd to conclude nothing as to Peace with England unless King David also might be comprehended in the same League so as that he might be restored to his Kingdom and the Bailiol wholly excluded Surely how gallant soever this Speech might seem 't was neither modest enough prudent nor seasonable For had he temporised so far as thereby to have obtain'd King Edward's Company in this Holy War the Bailiol might easily have been ruin'd by King David's Interest alone And it was more likely that then by fair means modest Reasonings King Edward might have been wrought upon by a personal Conference than by this rash and imperious way of Prescribing For from these peremptory Words the Breach became so wide that without bloody Wars Peace was not likely to be obtained Not to say that if King Philip did really intend this Holy Expedition he was not very wise to talk so high in such a juncture and if he did not intend it he was scarce sincere enough in his pious Resolutions However the English Ambassadors replied their Commission extended not so far as to reach to King David or to make any Concession to his Advantage so the whole matter was broke off and the Breach made wider than before Now the most exact Account of the first Original of these Unkindnesses between the two Kings of England and France which is by no Historian over exactly handled is to be found only in the publique Records of the Peace ten years before this made between King Edwards Father and Charles the Fair of France a Copy whereof was then sent to Pope John XXII and afterwards from the Library of Avignon brought into the Vatican and being seen and diligently weighed by my y Odoricus Raynaldus Continuat ad Baremum tom xv Ad an Christi 1327. §. 44. Author because from the Breach thereof the Wars which exercis'd England and France for so many Ages seem'd to take their first Occasion yield us these Observations In the Year 1325. which was the 19 of King Edward the II. of England by the diligence of Qu. Isabella with her Brother K. Charles of France together with the assistance of William Archbishop of Vienna and Hugh Bishop of Orange Nuntio's from the Apostolick Seat a Peace was made between the two Realms on this Condition z L. 9. c. 314. says Villani that what had been won by Charles of Valois in Aquitain should remain wholly to the French but in the publique a Extant in Arch. Vatican ex Avenion delat sign n. 10. in Chart. Pergam Records signed with the Seal of the King of France that Condition is not expressed but very cunningly cover'd with obscure and deceitfull Circumlocutions which when the Inventers of these politick Fetches contrived then they scattered the Seeds of a most inveterate Enmity between the two Realms to the infinite Dammage of France When the French wrested the Articles to their own purpose and the English exclaim'd that they were falsly and treacherously deceived for it was added that as to those Lands the French King should determin according to Law the King of England demanding his Right And so the Quarrel was not ended But now this Condition in that Treaty is evident that the French King should set over Aquitaine to administer justice a Person of integrity and one not suspected by the King of England and so the Armies on both sides should be disbanded and the King of England on the Assumption of the Blessed Virgin should meet the French King at Beauvais and do Homage to the Crown of France for Aquitain which was then to be restored entirely unto him the foresaid Lieutenant being called back And this Agreement at the instance of Queen Isabell and the Pope was by consent of the Ambassadors of both Parties unanimously established in the Year aforesaid as appears by the Letters of both the Kings But now when afterwards King Edward II had conferr'd on his Son the Dukedom of Aquitain and a while after by Civil Tumults miscarried and Edward the III succeeded in the Throne the former Wars began to bleed fresh again our Young Edward being obliged to seek that Right by Arms which by Law he could not obtain but lest the Laws of Nature and the Peace of Christendom should be violated these Discords at the instance of the Pope who sent William Archbishop of Vienna and John Grandesson Bishop of Exceter for that purpose were composed on this Condition That as soon as might be what had been taken by the English in Aquitain contrary to the Form of the foresaid Agreement should be restored and on the other side that what had been taken by the French should be rendred to King Edward the said King Edward being to pay 50000 l. Sterling towards the reparation of Dammages and those Gascoigners who
us any agreeable Method of Peace to which the said Philip shall consent presently when we shall be once assured thereof we will take Deliberation thereupon and with all speed return such an Answer as ought to seem reasonable and acceptable to your Holiness and to All that have a solid right and ordinate Reason And if perchance in the foresaid Method of Treating the Consent of our Friends and Allies should seem requisite to be obtain'd We our selves will put too all possible Diligence insomuch that it shall appear not to be our Fault that a firm Peace doth not follow thereupon if the other Party will but condescend to Reason We therefore heartily beseech your Clemency that if it please you you would duly weigh our Justice and Intention founded upon Truth and incidently cherish Us who continue in all fulness of Devotion to You and the Holy Roman Church with the favour of solid Love and Charity esteeming of Us as of a most Devout Son. For God the Lord of Consciences is our Witness that We desire to augment the Honours and Liberties of the Church and if God shall grant us to prosper with devout and humble Affection we aspire to fight his Battles against the Enemies of his Faith. God preserve your Holiness c. Given c. XI Before this there were two Parliaments this Year held at Westminster One being called by the Duke of Cornwall who had Commission thereto from the King his Father The Other by the Archbishop of Canterbury and Others who in the Absence of the King and his Son Prince Edward Duke of Cornwall had the same Commission The First was held on the Quindene of St. Michael or the 13 of October * C. Lit. Dom. which then fell on a Wednesday At the Opening h M.S. Rot. Parl. p. 23. Sr. Rob. Cotton p. 17. §. 1 2 3. c. whereof its Causes were declared to be Three First to take care for a strict Observation of the Kings Peace Secondly to provide for Defence of the Marches toward Scotland For that People being thereto instantly urged by their Kings Letters from France and the promised Assistance of the French King began to stir again notwithstanding the Truce And the Third and last Reason was for the better keeping the Sea To all which was added a Demand of a Supply for the King in his Wars After this the Archbishop of Canterbury who together with Dr. Richard Bury Bishop of Durham and Sr. Michael de la Pole came from beyond the Seas as the Kings Messengers to the Parliament made a Narration of the Kings Exploits which he had atchieved in those Parts at that time and the present Hazards both He and his Men were exposed to without liberal and speedy Supplies out of England The King as then lay near St. Quintin accompanied with 15000 Men of Arms and of Archers and Others more than 30000 as appeared by his Letters to the Lord William Clinton Earl of Huntington who was then i Dugd. 1 Vol. p. 531. Admiral of the River Thames and Warden of the Cinque-Ports and to the Merchants at Pearch besides what we have related before of this Expedition It was also further declared that the King and Others about him for the procuring of his Allies to assist him thus far and for his own necessary Expences in this War stood bound in Three hundred thousand Pounds which in Honour he could not but pay before he left those Parts Wherefore the Result was he wanted liberal Contributions Hereupon the Young Prince Edward Duke of Cornwall and Warden of England with the other Lords granted unto the King the Tenth Sheaf of all the Corn of their Demesnes except of their bound Tenants the Tenth Fleece of Wooll and the Tenth Lamb of their own Store to be paid for two Years Desiring withall that the Maletoste or Wrong set upon Wooll be revoaked and that this Grant turn not into a Custom All which was allow'd by the Prince in the Kings Name For he had full Commission by the Kings Letters Patents to grant what should appear reasonable to the Lords and Commons The Lords demand that the Keeping of the Kings Wards Lands may be committed to the next of Kin to the said Ward And that Remedy be provided against those who dying pass away their Lands to defraud the Lord of the Wardship or the King himself To this the Commons answered that as they knew well so they heartily tendred the Kings Estate and were ready according to their Duty to maintain the same But this being a new Point they durst not determin about it till they had further conferred with their Counties that sent them And so desiring Respite till another time they promise to travel and enquire throughout their several Counties To the Three Causes of their Assembling at this time the Commons answer'd thus First as to the Keeping of the King's Peace that would be kept sacred if good and couragious Justices were appointed in every County and such as were permitted to Main-prise do put in good Sureties as Esquires or Gentlemen and if no Pardon were granted but by Parliament These Matters once established they humbly conceive the Peace could not be violated Then as to the Defence of the Northern Marches they thought that would best be performed if all who had Lands in those Parts were obliged to live upon them As for the Keeping of the Seas they proposed that the Cinque-Ports or other Haven Towns which are discharged of all other Contributions should look to that especially and also that those who had Lands either there or elsewhere upon the Sea coasts should repair thereto and dwell upon them Then the Commons demanded a few things First that the King will pardon all Felonies Escapes Trespass for the Forests and otherwise all Aids to make the Kings Son a Knight or to Marry his Daughter That all Purveyors as well with Commission as without shall be arrested if they make not present Pay. That the King would pardon old Debts and Duties from any time to before his Coronation That all Customs of Wooll and Lead may be taken as they have been and not as lately enhanced with Common Assent and that if they be Resistance may be made And lastly that knowledge may be had how these things may be assured But their Art to provide against the Scarcity of Mony was this that every Merchant for every Sack of Wooll exported should be obliged to bring in at least 40 s. of Bullion to be coined within the Realm For the upholding the Kings Navy it was Enacted that the Navy of the whole Realm except what should be Actually in the Kings Service for the time being should remain in some certain place without any scattering by any private Men till further Order be taken 'T is agree'd that the Archbishop of Canterbury and other Nobles should by their Letters require the Archbishop of York and his Clergy largely to contribute for the
Realm Our Purpose is not to proceed rashly or by Our own Will but by the Discreet Advice and Counsel of the Peers Prelates Nobles and other Our Faithfull Subjects of the kingdom so far forth as shall make for the Honour of God the Defence and Advancement of the Church which in all fullness of Devotion We Reverence and to the Advantage both Publique and Private of all the Subjects thereof with full Execution of Justice by the Grace of God to be Administred unto all and Singular Persons We being earnestly carefull for the Honour Profit and Tranquility of You all For as the Lord knoweth nothing will be more acceptable to Us than that by Our carefull Solicitude Peace may be engendred in General among all Christians but especially betwixt Us so that by Our Concord the force and Strength of all Christian Princes may be united together for the Recovery of the Holy Land which Our Saviour and Redeemer hath dedicated with his own Precious Blood whereunto We will endeavour Our Selves thrô the Grace of the Holy Ghost And forasmuch as We have offer'd to the foresaid Lord Philip divers Friendly and Reasonable Conditions of Peace whereunto he would neither condescend nor agree to any Conformity nay rather he moveth against Us unjust War to the Utter Subversion of Our State We are of Necessity compelled to the uttermost of Our Power for Our own Security and the Recovery of Our Right to Defend Our Selves by force of Arms Not seeking any slaughter of Good and Humble Subjects but desiring their safeguard and Profit For the which Cause all and singular such Our Subjects of the Kingdom of France as shall submit themselves unto Us as unto the True King of France between this and the Feast of Easter next ensuing professing unto Us their Fealty and doing unto Us as unto the King of France of Duty it appertaineth so as Our beloved Subjects of Flanders have done already or shall be ready to offer themselves so to do All such We willingly Admit and Receive to Our Peace and Grace under Our Protection to be defended them to maintain as is convenient from all molestation and trouble whatsoever in Person or Goods hereafter to be inflicted by Us or by Our Officers upon whatsoever occasion of Rebellion afore-passed And forasmuch as the Premises cannot easily be intimated to all and singular Persons We have provided the same to be fixed upon Church Doors and in other publick Places whereby the Manifest Notice thereof may come to all Men to the Comfort of You that are to Us Loyal and to the Information of those who thrô the Sinister dealing of Our Enemies are otherwise informed of Us. Given at Gaunt the 8 day of February in the Year of Our Reign over France the First and over England the Fourteenth IV. Presently after King Edward had thus assumed the Arms and Style of France and had caused his Great Seal to be Changed leaving the Earl of Salisbury and the Lord Robert Hufford le Fitz Eldest Son to the Earl of Suffolk in Flanders with his Queen and Children he took the Sea for England and Landed safe at x Claus 14. Ed. 3. p. 1. m. 42. derso Orwell in Suffolk on the 21 of February at Nine of the Clock in the Morning on which very day that his New Seal might be made more Publique he caused y 21 Febr. ibid. m. 33. in derso Impressions thereof and of his Privy Seal which was also alter'd to be made and sent to all the Sheriffs in England to be Published in the several Counties in regard he intended at the meeting of the Parliament on the z 29 Martii Wednesday next after Midlent-Sunday to acquaint them with the Cause wherefore he had added to his Style the Title of King of France And on the First of March following he deliver'd his New Broad Seal to Sr. John de St. Paul in the Cage-Chamber at Westminster the Old Great Seal being then deliver'd up to him by the said Sr. John which he gave to William de Kildesby to be laid up in his Wardrobe But it is to be a Vid. hujus sigilli Imaginem Sandford p. 124 remembred that upon this Change there were two Seals made alike in all things but only One was circumscribed Edvardus Dei Gratia Rex Angliae Franciae Dominus Hiberniae And the other was Edvardus Dei Gratiâ Rex Franciae Angliae Dominus Hiberniae the Style being varied in Respect of the Place as Our King is now in Scotland called Rex Scotiae Angliae but in England Anglia is put first But of King Edward and his Affairs in Parliament We shall not yet speak till We have given some account of other Matters of no small Consequence in other parts which fell after the two Armies had broke up at Vironfoss without engaging V. Only here We shall remember that the King of England upon this variation of his Seal to set forth the Equity of his Cause sent his Letters to the Pope wherein using the Style of King of France and the Lillies quarter'd he largely sets forth how the Realm of France was devolved unto him by Hereditary Right and that Philip of Valois had by Violence and Injustice usurped it M.S. Dr. Stillingfleet p. 1. apud Odoric Rainald ad An. 1340. § 4. ex Tom. 6. Epist Secret. 255. in Vatican to whom the Pope sent an Answer the Tenour whereof followeth Benedict the Bishop Servant of the Servants of God to his most Dear Son in Christ Edward the Illustrious King of England Greeting and Apostolical Benediction When lately the Letters of Your Royal Excellency were presented to Our Apostleship and the Contents thereof more fully understood as soon as ever a New Title therein described and the Impression of a Seal engraven with the Arms of France and England did at first view appear they Administred unto Us great Matter of Astonishment and Admiration For by how much We Embrace You with the Preheminence of a more Ample Charity by so much the more grievously are We afflicted inwardly while We perceive You to be led by Perverse and Deceitfull Counsels and to be induced to such things as are neither Expedient nor Decent Nor doth our inward Affection permit Us to be silent or dissemble but that We should set before the Eyes of Your Mind these things that You may be able more Discreetly and Profitably to take Care to Your self as to the Premises For it is affirmed for certain and undoubted that whereas the Custom hitherto kept inviolably doth not admit the Succession to the Realm of France by the Female Line the Succession is said not to be due unto You who as You know are descended of the Stock of the House of France by the Female Line And if no such Custom did forbid the c c Successâ—ne M. S. Successionem Odoric Successive Proceeding of the Female Line to the Crown of the
burthen'd and grieved beyond their own free Grant For this would not a little tend to the prejudice and grievance of Holy Church which we cannot endure But if You shall take no care to revoke and disanull the Premises as is premised We shall not omit to take such Remedy as Holy Church will allow And what you shall do in the Premises as our Spiritual Son Faithfull and acceptable to God within eight days after the time above limited you shall take care to certifie unto us by your Letters The Holy Spirit as you shall keep his Privileges uninvaded vouchsafe to save and keep your Body and Soul. Given at Canterbury 28 day of January in the Seventh Year of our Consecration V. Beside this he also wrote a Remonstrance to the King and his Council in these Words To our Lord the King and his Council and all and singular Persons of his Council We John by Divine Permission Archbishop of Canterbury Primate of all England and Legate of the Apostolick See do shew that whereas all those who seise on Clergymen put them by force or detain them in Prison and do not permit them to go where they shall please knowing them publiquely and notoriously to be reputed as such and bearing themselves as Clergymen who have not confessed Crimes nor have been convicted or indicted of Crimes nor have been openly taken in the Fact are entangled in the Sentence given by the Canon c. And that Sentence we have published in the Church of Canterbury and have caused it to be published by all our Brethren Suffragans of our Province of Canterbury After the Denuntiation or Publication of which Sentence made as is premised there have been taken and in divers Castles and Places of England imprisoned and forcibly detained John de St. Paul Michael de Wath Robert Chickwell John Thorp and Henry Stratford to the prejudice of God and Holy Church against the Laws and Privileges of all Clergymen and also to the endangering of the Souls of those who acted those things or gave their Counsel and Assent thereto Wherefore we earnestly entreat our Lord the King who hath always taken care to maintain the Liberties of Holy Church and its Laws and Privileges entire as our Lord God in all his Actions hath heretofore happily attested and made him Famous that it would please His Majesty without Delay to command a Release or Delivery from prison of the said Clergy-men and of every of them who are so detained against Magna Charta and the Laws and Customs of the Land. Moreover we desire and beseech in the Lord all those Counsellors who presum'd to give the King Counsel to do such things by no means to hinder the Delivery of them who are so detained For we cannot dissemble but that otherways we must do in this Matter according to our Duty Also that all Lay Persons and Free-men who were against Magna Charta and the Laws and Customs of the Land taken and yet detain'd in Prison may be deliver'd and that it would please our Lord the King to reform and correct other the Premises according to a Form contained in a Bull of q Anno Domini 1243 Papat initt An. 1254. â—â—â—it Innocent the IV. Whereby all who presume to go against Magna Charta or to violate it do incurr the Sentence of Excommunication Also that not only his Ministers and Officers of different Stations who passing thrô the Land enter the Houses Granges and other Places of Archbishops Bishops and other Religious and Ecclesiasticall Persons without the Will of the Farmers or Keepers do take away Goods at pleasure and carry them away forceably but also those who command the Premises or in their Names confirm and ratifie what is so done are involved in the foresaid Sentence Let therefore our Lord the King vouchsafe to apply a fit Remedy For we cannot dissemble but that we intend by our Selves and our Brethren and Suffragans to execute both our and their Duty against such as the Care of our Pastoral Office shall require But it is not our Intention that our Lord the King his Lady the Queen or their Children be involved or comprehended in the said Sentences as of Right they may be excused VI. The said Archbishop also sent Letters to the Bishop of London the Tenour whereof followeth John by Divine Permission Archbishop of Canterbury Primate of all England and Legate of the Apostolick See to his Reverend Brother Ralph Bishop of London Greeting Holy Church which ought to be Free is unduly oppressed with divers Exactions and vexatious Burthens in these days Her Goods to which no Lay Hand ought to extend are seised on at will for Prey The Clergy also of our Province of Canterbury is vexed unjustly and vilely trampled upon by reproachfull Contempt Justice which principally ought to shine and whereby Kings Reign and the People are established in Peace is not duly honoured But many let loose the Reins to Injuries and unjust Oppressions without punishment We therefore taking a Fatherly compassion at the groans of the Oppressed and seriously considering that for this purpose the Divine Mercy hath exalted Us to this Apostolical Dignity not that We should spend our Days in quiet and affluence of Delights but according to the Duty of our Place being profitably instructed by the examples of our Predecessors that we should set our selves against those that come up against us as an impregnable Wall for the House of the Lord and by Gods Assistance reduce the wandring into the way of Truth have thought fit by publique Denuntiations to be made in eminent Places by us and others our Brethren and Suffragans openly to intimate unto all men certain Sentences of Excommunication by Holy Fathers and our Predecessors hitherto promulged against Delinquents in Cases hereafter mention'd That those who are wicked may not be able under the vail of affected Ignorance any way to excuse themselves in pretence that the Truth was unworthily hid and not manifested as it ought to be But rather that all may take better heed to themselves for the future And yet it is not our Intention that our Lord the Illustrious King of England our Lady the Queen or their Children should be involved or comprehended in the said Sentences or any of them or under the Denuntiation as of right they may in this part be excused Commanding c. that you publish them c. Dated c. The Tenour of which Articles follow VII In the Name of God Amen We John by Divine Permission Archbishop c. do denounce Publiquely and Solemnly in these Writings all those to be as by the Holy Fathers they are involved in the Sentence of Greater Excommunication and to have been and to be Excommunicate and we sequester them from the Pale of Holy Mother Church who do presume to deprive Churches of their Right or malitiously to infringe or violate the Liberties or Free Customs of the same and especially those who violate the
Justice might by their craftiness be prevented and the Inquisition of the Truth cunningly eluded Which Truth since We believed We should obtain so much the more certainly and fully from the said Archbishop by how much it was expected that nothing of what belonged to Our Information in this part should be hid from him to whom for so long time We had thought fit to commit the Administration of Our whole Common-Weal and Our Chiefest Concerns We therefore by Our Trusty and Well-beloved Nicolas Cantilupe did send him Our Special Command that forthwith he should come to London to Our Presence because We were minded to confer Personally with him But He as one always Insolent in Prosperity and Timerous in Adversity fearing now where no Fear was did untruly allege that some Mischief was intended and threatned unto him by some of Our Assistants if at any time he should once come forth of the Church of Canterbury Whereas God and Our Conscience are Witnesses no such Matter ever enter'd into Our Mind nor as We believe into the Heart of any of Our Servants Yet We suppose he glanced herein at Our Cosin the Earl of Darby thô not only to him but to all others z z The foregoing part of this Clause is omitted by Antiq. Brit. Walsingh only Mr. Foâ—'s Copy hath it as well of the Clergy as Laiety by his Evil Demerits he hath rendred himself Odious But We who desire that all Our Subjects should have free Access to Our Person especially those who by Our Letters or Messengers are thereto required to confute his Malicious Suggestion sent unto him Our Trusty and Well-beloved Ralph Stafford Steward of our Houshold to offer and give unto him safe Conduct but notwithstanding that We caused our Royal Letters Patents under Our Great Seal to be presented unto him again commanding him to make his Personal Appearance before Us that We might be informed how he had behaved himself in that Publique Station which he had long Menaged as aforesaid Yet he setting at nought both Our Requests and Commands answer'd with as Haughty an Air as Impudent Mind that he would neither appear before Us nor confer with Us unless in Our Full Parliament which at this time upon Good Reasons is no way Expedient to be call'd Thus this Archbishop whom Our Royal Bounty had exalted with Large Benefits and Great Honours and had admitted into Our Familiarity nay even to an Intimacy of Friendship upon whom as on a most Dear Father Our whole Breath and Life did Repose who also while We did after his Will put on the Pretended Countenance of a Loving Father toward Us even this Man is now cruelly turn'd to be an Heavy and Unnatural Step-Father and wholly forgetfull of the Benefits he has receiv'd with Arrogance and Pride pursues his Benefactor and hath served Us as the Proverb is a Mouse in a Bag a Serpent in your Lap and Fire in your Bosom with an ill Requital for Our Kindness For thô when We were first Exalted to the Throne of Our Kingdom descended unto Us by Right of Inheritance the Divine Grace so working it always was and hath been Detestable unto Us to Abuse the Greatness of Our Power Who rather affect to Rule Our Subjects with Clemency Lenity and Moderation of Justice that they might enjoy Peace which is desired of all Men Yet notwithstanding this Man hath gone about to defame Our Innocence and the Fidelity and Diligence of Our Counsellors and Officers that pursue Justice publiquely by his Letters Patents declaring in several Places that in these Latter Times by the Kings Power contrary to Justice the Laiety is Oppressed the Clergy confounded and a a L. Antiqu. Britan habet Ecclesia sed Walsingham Regnum praeplacet Ecclesia ex iis quae pluries repetuntur Holy Church burthen'd with divers Exactions Taxes and Talliages And because he subtlely Usurped the Name of a Good Pastor when indeed he was nothing less but rather after the Common Opinion and his own Confession as it is vulgarly Reported a very Hireling he cloaked his Fox-Craft with a feigned Zeal for the Liberties of the Church Whose Troubles if in Our Days it hath sustained any are rather to be attributed to the Remisness of the said Archbishop to his Evil Counsels and Crafty Devices He also wickedly pretends to have certain Sentences of Excommunication which were long since made in general against the Violators of the Liberties of the Church and Magna Charta thereby to spoil the Good Opinion had of the King and to defame Our foresaid Royal Ministers and Traiterously to stir up Sedition amongst the People committed to Our Charge and finally to withdraw from Our Royal Majesty the Hearts of Our Earls Lords and Barons of the Realm These by his Letters he commanded to be Published in most Places of Great Resort besides and contrary to the accustomed means provided in a Provincial Council Wherefore We desirous as We have Reason to Respect the Integrity of Our Fame and to obviate the Malice of the said Archbishop as also carefully to decline the snares he hath laid for Us and Ours have thought good beside those things above Rehearsed to bring into Publique Notice some of his many Evil Actions And truly when We were in Our Minority by his Imprudent Counsel and Perswasion We made so many Prodigal Donations unlawfull Alienations and Excessive Largesses that Our Exchequer was wholly exhausted thereby and Our Revenues extreamly diminished We have also found that being corrupted with Bribes he has Released to several Persons vast Summs of Money owing to Us and that without any Reasonable Cause when neither Necessity nor any Prospect of Advantage so required and also that he has apply'd to the use of himself and his Friends and other ill-deserving Persons many of Our Rents and Revenues which ought to have been kept for Our own Use and Necessity Moreover being as well an Accepter of Persons as of Bribes contrary to Our Desire and his Oath of Fidelity made to Us he hath admitted to publique Offices in Our Dominions Persons altogether unworthy neglecting and putting back those that well deserved And many other things out of a Refractory Mind he hath rashly presum'd to do to the Detriment of Our State the hurt of Our Royal Dignity and the no small Damage of the People subjected unto Us by abusing the Authority and Charge committed unto him Who if he shall still persist in his proud Obstinacy and Stout and continued Rebellion We shall hereafter in convenient Time and Place cause his Faults to be more manifest in the mean while willing and commanding You to Publish and cause to be Published all and singular the Premises openly and distinctly in places where You shall think it Expedient and to set forth also as it shall seem best to Your Godly Wisdom Our Pious Resolution for the suppressing all manner of Incommodities and furthering the Commodities and Advantages of Our Subjects so behaving
shall receive yearly 20000 l. sterling saving the Rights of his Holiness And that hereupon Surrender be made unto the Scots of whatsoever hath at any time been taken from them and annexed unto the Crown of England This being read the said Messengers by the Mouth of Sr. Bartholomew Burwash required to know what aid they thought fit to grant to the King toward the furtherance of his Enterprises and the Defence of the Realm In Answer to which the Commons having desired respite for their Answer till the Thursday next ensuing declared on the said Thursday by a schedule at large the sundry particular former Aids the Imposition of 40 s. Custom of Wooll extorted of them against Law besides the Arraying of Men and common taking of Purveyors Notwithstanding which they freely Grant the King Two Fifteens in two Years so as that if within two Years the Wars do cease then the latter fifteen to cease also After this follow the Petitions of the Commons with their Answers made by Prince Lionel by Commission from the King in the Kings Name in Manner following viz. Pet. That all Acts of Parliament not repealed may be fully and entirely observed so as there pass forth no Commissions of Array Resp The first Point the King Grants of the Rest he will be Advised Pet. That such as were fined for not Arraying of Men may be discharged Resp The King will take Advice Pet. That all within six Miles of the Sea may have a Supersedeas for Arraying of Men. Resp Only such as keep the Sea-coasts shall have a Supersedeas It is Enacted that the Coynage in all places shall be open as heretofore Item that those who import false Money into the Realm shall forfeit Life and Limb and that the Justice of Assise and of the Peace shall enquire thereafter Pet. That the Kings Receivers may receive as well Gold as Silver and that the Changers thereof be not without Parliament Resp The first is Granted the other Respited Pet. That the Fourty shillings Subsidy of every sack of Wooll may cease Resp The Kings mind must be known first Pet. That Payment may be made for the last taking up of Victuals Resp Order shall be taken for that Pet. That the Chief of every County may be Justices of the Peace and that they may Determine all Felonies Resp The first is Granted For the second the King will appoint Justices learned in the Laws Pet. That the keeping of the Sea be at the Kings Charge thenceforward Resp The Sea shall be kept as it hath been heretofore Pet. That Sheriffs in every County may have sufficient in their Counties and that none of those Offices be granted for Life or in Fee Item that Purveyors who have not the Constables with them according to the Statute of Westminster may be look'd on as Thieves and that Justices of the Assise and of the Peace may enquire of the same Resp The Statute made shall be observed Pet. That the Fifteens in Towns and Ancient Demesnes be levyed as in the Bodies of Counties without encrease Resp They shall be levyed after the accustomed manner Pet. That all Justices of the Inquest may be sworn as Justices of the Bench and that the Chief of them may have Power to swear the Rest Resp Such Justices shall be sworn as ought to be so as they take nothing but Meat and Drink and that of small Value And the Chief shall be impowred to swear the Rest Pet. That the Fifteenths beyond the Trent be employ'd only for Defence of the North. Resp The King will provide for Defence of those Parts Pet. That Strangers Enemies of the Realm who remain now in Newgate may be adjudged during the Parliament Resp They shall remain there till further Order Pet. That no Charter of Pardon be granted since the Kings last Expedition Resp Advice shall be taken It is Enacted that Lombards and other Merchants shall receive Gold for their Ware without any Compact on pain of Fine and Imprisonment Pet. That all Alien Monks do avoid the Realm by Michaelmas and that their Livings be disposed of to young English Scholars And that such Aliens Enemies as are advanced to Livings they being in their own Countries but Shoemakers Taylors or Chamberlains to Cardinals may depart the Realm before Michaelmas and their Livings be bestowed on poor English Scholars Resp To these two Petitions this One Answer was given that the Persons being Spiritual were not to be tryed by Parliament and that their Livings being in the Kings hands were not without him to be disposed of Pet. That the King may take the Profits of all other Strangers Livings as Cardinals and others during their Lives Resp The King doth take their Profits and the Council have sent their Petition to his Majesty Pet. That no Payment be made to any Cardinals living in France to treat either of War or Peace Resp This is granted as Reasonable Pet. That Foreign Provisors or Aliens buying Provisions do quit the Realm by Michaelmas on peril of being Outlawed Resp The Statute heretofore made shall be observed and the King shall signifie the same to the Pope Pet. That the annual Advancement of 2000 Marks granted out of the Province of Canterbury may be restrained and that those who sue for Recovery thereof may be Outlawed Resp The Lords think the same Reasonable and it is further commanded that no such be from henceforth received It is Enacted that whosoever shall bring into the Realm any Aliens the Vessel wherein they are brought shall be forfeited to the King and the Body of the Bringer shall lye at the Kings Discretion It is Enacted that during the Wars no Person do send or transport any Money to the Pope or to any Bishop or other Alien whatsoever for any Duty whatsoever Pet. That no Englishman do Farm any thing of any Alien Religious nor buy any of their Goods nor be of their Counsel on pain of perpetual Imprisonment Resp This is against the Kings Profit who reaps benefit by such Farmers Pet. That all Fryers Aliens should depart the Realm never to return hither again Resp Order shall be taken with every General of all the Houses of Fryers so to look to all Fryers Aliens under their several Charges as that they shall not be able to disclose the Secrets of the Realm Pet. That the annual Pension of 7 shillings which Sr. Raimond Peligrue received of every Religious House within the Realm may henceforward cease Resp The said Sr. Raimond is the Kings Liegeman born in Gascogne and sworn of the Kings Council by whose Command he receiveth the same Pet. That the annual Pension of 2000 pounds paid to the Abbot of Clugny may cease for ever Resp The same is paid there Pet. That the Statute made that the King should present unto any Church of his Gift falling void at any time within three Years so as if the Parson had continued therein for three Years that he should not be turned out may
Staple in the Statute-Book because it agreeth exactly with the Record containing 28 Chapters The Seventh day of October Sr. Bartholomew Burwash the Kings Chamberlain in the Presence of the King Lords and Commons sheweth how the King had attempted and pursued War against the French without Charging of the Commons And to end the same he had made great means to the Pope but that since he could not obtain any good end of the War he now required the Commons to grant him the Subsidy of Wooll who thereupon by whole assent granted him the same for Three Years The Print against Provisors that sue to the Court of Rome c. 1. agreeth with the Record the Print that all Suggestions shall be put into Pardons c. 2. agreeth with the Record The Print that Justices of the Peace should look after Victuallers c. 3. agreeth with the Record But the Statute of Wines in the Print c. 5 6 7 and 8. is not in the Roll nor in the Printed Calendar of Parliaments The Commons Petitions are as followeth viz. That the King would revoke the Office of Alnage and take three pence of every Cloth. Let the Commons talk with the Chancellour and Treasurer to the end good Recompence be made for the said Alnage That the Subsidies and other Aids granted may be employed only in the Wars It pleaseth the King. That the Coin may be reduced into old Sterling It was answer'd the last Parliament That the Staple may be appointed at Worcester Nottingham Hull St. Botolphs Stamford Lyn Ipswich and Canterbury One shall be at Canterbury and that only in Honour of St. Thomas That the Lords and Commons may by Easter following appoint out three Sorts of Wolls which shall then Commence The King will be advised That the outragious Fines taken by Sr. John Molins and such other Commissioners may be remedied Vpon Complaint Redress shall be had It is Enacted that all the Articles of the Staple shall be proclaimed throughout the Realm and confirmed at the next Parliament VII Thus this Year ended and on the 15 of March following King Edward sent forth his Writs of Summons to his Barons to meet him in Parliament on the Monday after St. Mark the Evangelist or the 28 of April On the q M.S. Rot. Par. 28 Ed. 3. m. 1. p. 579. Sr. Rob. Cotton p. 85. Monday aforesaid the Lord Chief Justice Sr. William Shareshull in the Painted Chamber made open Proclamation before the King Lords and Commons that the Parliament was called for three Causes First For the Establishing the Staple within the Realm and for Confirmation of the Ordinances made at the last Great Council Secondly How they might treat of a Peace with France for that by War the King saw his Subjects greatly wasted and Thirdly For Receiving of Petitions and redress of Enormities all which without a Parliament could not be effectually ended Here Roger Mortimer Lord of Wigmore being Grandchild to the old Roger Mortimer Earl of March who had been executed for Treason r Vid. l. 1. c. 3 §. 6. p. 46. ad p. 54. An. 4. Ed. 3. twenty three Years before had such favour as Å¿ M. S. ibid. Sr. Rob. Cotton ibid. Ashmole p. 692. Dugd. 1 Vol. p. 147. upon his Petition to obtain a Reversal of the Judgment given against his Grandfather aforesaid as erroneous and utterly void for that he that said Earl was put to Death against Law having never been called to open Answer before his Peers Whereupon this said Roger from thence forward bare the Title of Earl of March and had again Restitution of the Castles and Lordships of Blenleveny and Bulkedinas whereof his Grandfather died seised as also all his other Lands which upon that Forfeiture coming to the Crown had been bestowed on William Lord Montagu and Others But the Charter of his Restitution t Tho. Mills Catal Hen. p. 576. bears a later Date viz. on the 19 of Novemb Anno Regni 29. 1355. In u Dugd. 1 Vol. p. 317. M.S. Ret. Par. p. 80. §. 13. c. Sr. Rob. Câ—tton p. 86 c. like manner Richard Fitz-Alan Earl of Arundel upon his humble Petition wherein he remonstrated that Edmund Earl of Arundel his Father had been unjustly put to Death was thereupon as Heir unto him fully restored And because the Death of his Father had been occasion'd by the means of Roger Mortimer Grandfather to the foresaid Roger Earl of March to prevent all further Heart-burnings between the two Families it was now x Dagd 1 Vol. p. 317. 〈◊〉 Claus 28 Ed. 3. in dâ—rse m. 10. by Indenture made betwixt this Earl Richard and the said Earl Roger agreed that Edmund Son and Heir to the said Richard should take to Wise Alice the Daughter of the said Roger and that she should have Three Thousand Marks for her Portion viz. one Thousand at the Sealing of that Agreement upon their Marriage at her Seventh Year of Age one Thousand more and at her accomplishing the Age of Thirteen the remaining Thousand Now before this as we have already observed the King in Council resolved to withdraw the Mart or Staple of Woolls from the Towns of Flanders because that People thô they received much Advantage thereby had not kept true Touch with him and accordingly he commanded the same to be kept at y Holinsh Engl. Chren p. 948. Statute-Beek p. 102. Westminster Chichester Lincoln Bristow Canterbury Hull and other Places In pursuance of which wholsom Device it was z M.S. Rot. Par. p. 80. n. 16. Sr. Rob-Cotton p. 86. ibid. c. now Enacted that all the Ordinances made in the last Great Council assembled at Westminster touching the Staple be confirmed to continue for ever It is Enacted that the Justices of the Peace shall be of the Best in every County that upon the Displacing of any of them others be placed at the Nomination of the Knights of the same County that they sit four times at least every Year That none be displaced without the Kings Special Commandment or Testimony of their Fellows It is Enacted that no Purveyor being arrested for any Misdemeanour shall have any Privy-Seal to cause such as arrested him to come before the Council to answer the King but have his Remedy at the Common Law. The Commons Petitions with the Kings Answers thereto were these That the Surplusage of the Fines of the Statute of Labourers may be entirely distributed among the Poor of the whole County and not to poor Towns only It shall be parted among the poor Towns only That the Writ of Estreat may lie in every Action where the Party shall recover Dammages of Estreats after the Writ purchased The old Law shall be continued That Remedy may be had in such Cases where the King receiveth the Profits of the Wards Lands as well of Soccage as otherwise where no part of the same is holden of him The Law heretofore used shall continue That it may be order'd
p. 85. n. 4. Sr. Rob. Cotton p. 90. ibid. which was on the Wednesday being St. Catharine's Day or the 25 of November the Lord Chief Justice Sr. William Shareshull declared in the Presence of the King Lords and Commons how it was his Majesties Pleasure that Sr. Walter Manny should make Declaration to the whole Assembly of the Kings Affairs as one that had the most Knowledge therein whereupon the said Lord e William in M.S. Sr. Rob. Cotton malè cùm in Recordo W. tantùm sit scriptum quare corrigendum ex Hist Walter began to declare How the King had treated of a Peace with the French and how for the Accomplishment thereof he had sent the Duke of Lancaster and Others as his Ambassadors to the Court of Rome at Avignon where by means of the Frenchmens Obstinacy Matters could not be brought to any Issue How that during the said Duke 's Abode at f M.S. Sr. R. Cotton Rome malè ex Histoy inscitiâ pro Court of Rome c. Avignon the King of Navarre had complained to the same Duke of sundry Dammages done to him by the French King and by Oath affirmed how he would most willingly enter into a League with the King and for Assurance of the same would with as great a Power as he could enforce himself to meet the King at Jersey How the King upon the return of the said Duke and knowledge had of these Things with a great Navy and Army hastned himself from the River of Thames towards Jersey but being put back by contrary Winds was driven with great hazard to Portsmouth where he abode till News came that the said King of Navarre had made his Peace with the French King. Whereupon the King being advertised that the French King made himself strong toward Calais with a great Army and thinking there to have some present Battle offer'd him addressed himself thither being accompanied with his own Forces and also certain of his Allies whom he found there viz. Sr. Henry of Flanders Sr. Frank van Hall and many other Germans How the King on All-Souls Day last past marched towards his Enemy and proffer'd to give him Battle which his Enemy by all means refused Whereby the King wasting and spoiling the Country and seeing his own Army for Want to languish returned to Calais where he made Honourable Peace and now was returned into the Realm to his Parliament After all which Sr. William Shareshull required the Commons to weigh and consider the Kings unweariedness and Constancy in labouring for their Defence and that he was now ready to repell the Insolence of the Scots who had taken the Town of Barwick as News had been brought to the King And he willeth them also forthwith to advise how he might be the best enabled not only to make a full Victory over that People but also attain to his long-deferred Peace with France to his own Honour and to their quiet and advantage The Friday after which was the 27 of November the Lords and Commons after a short Conference had granted unto his Majesty for Six Years following the Subsidy of Wooll namely g M.S. vet Ang. in Bibl. C.C.C. Cantab. c. 229. §. ult 50 s. of every Sack that should be exported during that time so as all that while no other Aid or Imposition be laid upon the Commons By which sole Grant h Holinsh Engl. Chron. p. 951. Stow p. 255. it was thought how the King might dispend more than a Thousand Marks Sterling per diem for six Years together such Vent of Woolls had the English Merchants in those Days there being then above an 100000 Sacks transported yearly Petitions of the Commons with their Answers That the Great Charter and the Charter of the Forest in all points shall be kept That the Statute that the Staples shall always be kept within the Realm shall be observed The Statute made for yearly removing of Sheriffs shall be observed The Statute made for the Pourveyors shall be kept That whereas the Commons have granted to the King 40 s. of every Knights Fee in Aid to make his Son Knight the Exchequer demandeth the same as well of i i.e. Domini qui Vassallos seu Beneficiarios sub suâ ditione habent sed tamen in superioris Domini sunt Clientelâ V. Cowell Skinneri Etymol Ling. Angl. in Voc. Forens ad hoc verbum Mesne Mesne Lords as of the Tenants in Demesne against Reason Wherefore they pray Remedy The Right use of the Exchequer is to be kept That no Mans Lands being bought in the time of Henry III which was before the Statute of Prerogative may be seised into the Kings hands by Escheators Let this be more particularly declared unto the King. That the Justices of the Peace may determine Weights and Measures The Statute made shall be observed Such Justices shall make no Deputies neither shall the Sheriff Coroner or such like be from henceforth a Justice It is Enacted That no Sheriff Constable of any Castle or Goal be any Commissioner where Men are to be imprison'd That the Points of Confederacy may be declared considering how the Judges judge rashly thereof None shall be punished for Confederacy but where the Statute speaketh expresly upon the point contained in the same statute That the Justices of Goal-Delivery on an Inditement of the Coroner coming before them may award the Exigent The old Law shall stand That such Persons of the Far North-Countries as upon Appeals Joyn-Issue on good or evil may try the same by Nisi Prius considering that the Jury will not appear in the Kings Bench. The Old Law used shall be kept That Remedy may be had against such as to defraud their Creditors before Judgement do convey away their Lands and Goods The Statute therefore made shall be observed That Writs of Attaints may be had of Verdicts given in the Exchequer as of Verdicts given in other Courts The Old Law shall be observed Such as be Indited before the Justices of the Peace shall make Attourneys have the hearing of their Presentments and Answer thereunto Enacted VIII Thus ended this Parliament and about the time of its ending viz. at the going out of November the k Frois c. 155. f. 76. Mezeray 2 Par. 3 Tom. p. 42. Assembly of the Estates of France began to sit at Paris Before whom the Chancellour of France recited in the Parliament-Chamber the State of the Wars desiring them thereupon to take Advice what convenient Aid ought to be given to the King their Lord toward the Maintenance of his Wars and the Defence of his Realms and he added that whereas the King understood how his Subjects were sore aggrieved at the Alteration of Money his Majesty offer'd now to make good and durable Money so that they would grant him sufficient Aid to furnish his Wars To which the Three Estates reply'd with one Consent That is the Clergy by the Mouth of the
Vicount Daunvers and Dongeville as also of the Lands and Knights Fees of St. Mary de Montefarsellis and Romilly and all the other Lands and Possessions of the said Lord Godfrey of Harcourt Whereupon the Lord Chandos built anew the Castle of St. Saviour and for its better Defence frequently resided there in Person as we shall see hereafter XVIII Now the h Odor Rainal ad hunc annâ—m §. 10. c. Pope being extreamly sollicitous to deliver the French from their present Consternation and to avert their impending Miseries thought fit to make use of Charles the Emperour towards a Settlement of Affairs and sending unto him Androine Abbot of Clugny exhorted him to be a Mediator between the French and English telling him that the Glory of that Great Work was reserved only for him and that the Cardinals his Nuntio's would joyn their utmost Endeavours But with what Grief he was affected at the Captivity of King John will appear best from his Letters the i Yom. 4. Epist secret p. 202. apud Oder Rainald ibid. Copy whereof followeth INNOCENT the Bishop Servant of the Servants of God to his most Dear Son in Christ CHARLES Emperour of the Romans always Augustus With such bitterness O most Dear Son and with a sting of such vehement Sorrow are our Heart and Bowels wounded at the news of the Misfortune of our most Dear Son in Christ the Illustrious King of France which we believe to have come to You before the Receipt of these Presents that our Spirit hath almost failed us our Vigour is dried up and in a manner all our Senses are lost For who that is of a sound Mind who that has but his Senses who that has but a Heart of Flesh who that has any Humanity about him would not burst forth into Tears would not sigh from the bottom of his Heart would forbear grieving would refrain weeping would cease lamenting And indeed who could withhold from sighing at the Effusion of so much Christian Blood at the Fall of so many Nobles at the Ruine of so many faithfull People and which is more deplorable at the hazard of so many Souls For we believe that none has an Heart so stony which the hearing of these things would not break that none is so obdurate whom they would not melt and mollifie none so rocky whom the Consideration thereof would not soften And whereas among the manifold Afflictions to which upon this account and otherwise we are obnoxious we awaken with a sense of Grief our sleeping Mind to a necessary Reparation of this Misfortune althô in a manner wholly desperate of all Humane help and Assistance unto Him we lift up our Eyes darkned with sorrow unto Him we raise up the sight of our afflicted Soul unto Him we pour forth devout Prayers and Supplications who commands the Sea and the Winds and at whose Nod the breath of Tempests is allay'd that He being moved with gracious Compassion at so many grievous Scourges of his People extending from on high the Hand of his Power would vouchsafe to deliver us from these tempestuous Waves and after the multitude of the Sorrows in our Heart rejoyce our Soul with his Consolations And we hope in him that althô upon the account of our sins he refuses to lend his Ear unto our Prayers he will yet at least take pity of the Calamities of his People whom he hath redeemed with the gracious Effusion of his own Blood. And hence it is that firmly beleeving it proceeded from the Goodness of the same our Redeemer that You who only of Mankind can apply a necessary Remedy to these more acute Distempers are in this time of Confusion retired into the utmost Parts of your Empire next unto the Realm of France We address our selves unto You That by the vertue of your Diligence and Prudence you would asswage the sury of these Storms and by the benefit of a calm Peace remove the inconveniences of War and Hostile Commotions earnestly requiring you by Him thrô whose Providence you are raised to the Imperial Dignity that taking the Premises and other things which for brevity sake we omit into due consideration for the Reverence of God the Conservation of your Weal and Honour the prospect of a general Advantage and the Contemplation of our Intercession You would not delay but hastily come down to prevent the Desolation of Catholick People to hinder the Destruction of Christians and to avert the Hazard of Souls For unto You this Glory unto You this Honour unto You this Praise is reserved of the Lord For You are by Blood allied unto the Parties You thô you be nearer to the One will yet justly respect the Cause of Both and encline your eyes to Justice and not to Affinity You are likely to be an Effectual Umpire of Peace and a Promoter of Concord as well on the Account of your Imperial Dignity as of your Good-will and Charity There also You shall have our Venerable Brother Talayrand Bishop of Alby and our beloved Son Nicolas of the Title of St. Vitalis Priest-Cardinal Nuntio's of the Apostolick See whom you will find usefull Fellow-Labourers after this Good Thing and by whose Counsels and Help you may be directed and aided in what shall occurr Concerning which because we have deliver'd certain Matters unto our Beloved Son Androine Abbot of Clugny in the Diocese of Mascon to be reported unto your Clemency by Word of Mouth We pray you more earnestly that you would give full credit to his Relations on our Behalf Dat. Aven V. Non. Octobr. An o Pontificatûs nostri IV. Upon the Receipt of these Letters the Emperour k Matth. Villani l. 7. c. 46. summon'd a Diet to sit at Metz then an Imperial City in the Country of Lorraine standing on the Moselle to which Place he came a little before Christmas with Imperial Pomp and no less than 20000 Horse attending him He was served at Table by the Duke of Brandenburgh and other Princes of Course appointed to the said Service There came thither to meet him among Others his Nephew Charles Duke of Normandy Dauphin of Vienna and Regent of France to move him to put to his helping Hand in these Confusions For the Realm was at that time not only at a loss from the Terrour of the English War their King being Captive and the Flower of their Nobility slain but also from the Civil Broils then reigning For the King of Navarre's Brother infested Normandy in Revenge of his Brothers Confinement The Commons also raged against the Nobility because they judged that by their Treason or Cowardise the King was taken With which Note of Infamy the Heir of France himself was aspersed who together with his Troops after a slight Resistance fled away and forsook his Father To this Diet l Matt. Villani l. 7. c. 46. at Metz there came also Ambassadors as well from England as from France but no effectual way of Concord could then be
172. in the beginning of February went on Board his Fleet whereof the Earl of Warwick was Admiral and took the Sea with a strong and Princely Retinue and arrived on the Fourth day at Rochelle where he was received with great Demonstrations of Joy and tarried among them four Days The mean l Frois c. 217. while the Lord John Chandos who for more than a Year had Governed all Aquitaine as the King of England's Lieutenant heard how the King his Master had now given all those parts by the Name of a Principality to his Son the Prince of Wales and how he was come to Rochelle in Order to enter upon his Government Whereupon He presently made ready Horses and Chariots and set forth from Niort with a goodly company of Men of Arms Knights and Esquires toward the City of Rochelle to pay his respects to the Prince and to bid him Welcome to his Government The Prince and Princess received my Lord Chandos exceeding Graciously and there passed many mutual Embraces between the Lords and Knights of England But on the Fifth Day from the Prince's Arrival the Prince and the Lord Chandos with all their Retinues which were very considerable rode from Rochelle to the City of Poictiers in great Pomp and Glory the double Face of Peace and War of the Ladies and Men of Arms making a Delightfull Mixture of Mars and Venus of the Court and of the Campaigne At Poictiers he was met with infinite Respect and Joy by all the Lords Barons and Knights of Poictou and Sainctogne and here where his last Triumph was gain'd upon the French King he first received the Fealties and Homages of those French Gentlemen whom he had subjected thereby From Poictiers he went to Bourdeaux where he kept his Court in as Splendid a Manner as if he had been King of France his Beloved Princess being with him all the while Unto Bourdeaux there came to see him all the Earls Vicounts Barons and Knights of Gascogne such as were subject to the Crown of England Whom he entertain'd most Graciously behaving himself in the eyes of them all so Honourably that they were extreamly satisfied with his Noble and Generous Dportment and promised themselves much prosperity under his Government Hither also came to visit him and to pay him their Homage the Earls of Foix and of Armagnac Lords of great Power and near of Blood but at this time there was an High Disgust between them They had as we m Vid. l. 3. c. 6. § 8. p. 581. shew'd before for a long while made Bloody War against each other on the account of a particular Quarrel of their own which the King of France * Meâ—erâ—y p. 63. durst not undertake to compose for fear of displeasing the King of England whose Vassals they were for the Lands then in contest between them But however now Prince n Frois c. 217. Edward took up the Matter and made a final Peace and Agreement between them For besides the obliging Words he gave them and the close Arguments he us'd to perswade them the many mutual heavy Losses which they had already suffer'd made them much more inclinable to admit of an Accommodation This done the Prince made the Lord John Chandos his Constable of all Aquitaint and the Lord Guischard D'Angle his Marshal the latter being by Birth a Frenchman of Angoumois but by the Tenor of the Peace a subject of England as ever after he continued to his great Honour And into other great Offices the Prince set such Knights of his House as he most favour'd and filled all Constableships and Bailywicks with English Knights and Gascogners such as he was most assured of or were best recommended unto him by their own Vertue or the testimony of Vertuous Men. And here a while We will leave him Governing in Peace till War shall call him forth again to reap another Glorious Victory IV. The mean while King Edward held his High Court of Parliament at Westminster where o Walsing hist p. 173. Speed 584. all the Peers were expresly commanded to be present and not one permitted to appear by Proxy This Session lasted from the 13 of October to the 13 of November in which one Months time he made more good Laws and bestow'd more Acts of Grace upon his People than some other Kings have done in all their Life time The Causes of this Assembly were p M.S. Ret. Parl. 36. â—d 3. n. 2. p. 88. Sr. Rob. Certen's Abrâ—dgement p. 92. c. declared by the Lord Chief Justice Sr. Henry Green to be for redress of Matters relating to the Church for observation of the Peace to settle Affairs with Scotland and to enhance the Price of Wooll All which were well order'd as may be seen in the Records and Printed Statutes of this Year And whereas some say q â—tow p. 255. that the King at this time contrary to his Oath set up a Staple of Wooll at Calais it should have been consider'd that when a Prince at the Request of his Parliament promises to do or not to do a thing if at another time the Reason of things being then alter'd this very Parliament requires the Contrary the King ought not to be charged with breach of promise in complying with them Because the very occasion of his Promise seems at first to have been the Good of his People which same thing is also afterwards the occasion of his not observing it And We find r M.S. id Sâ— Rob. Cotton ibid. in the Records that when the Lords were commanded to speak what they thought of the Repair of Merchants to Calais they all agreed how it seem'd to them a Matter very profitable to the Realm To which point the Commons thô at first they demurr'd till they might have conference with the Merchants at last yielded also themselves Wherefore the King shortly after Å¿ Knighton p. 2626. n. 40 c. sent over XXVI of the most considerable Merchants of the Realm to hold the Staple there for three Years and to keep and defend the Town every Merchant having six Men of Arms and four Archers at the Kings Charges and besides the Mayor of the Town he also appointed another to be over the Staple the King being to receive for Maletot Twenty shillings and the foresaid Merchants Wardens of the Town 40 pence of every Sack of Wooll It was t Wâ—lsingh â—â—st p. 173. n. 10. 〈◊〉 in this Parliament Enacted that neither Gold nor Silver should be used in Apparel Knives Girdles Chains Rings or other Bodily Ornament by any Man who could not expend Ten pounds by the Year And that none who could not expend an 100 l. per annum should presume to wear Silks Furs or other pretious Garments But I shall pass over the other Statutes made in this Parliament because they are every where to be had in Print but only those Acts of Grace which King Edward did unto his People are
Three Dukes together with the King of England's Captains who had the charge of them received the King of Cyprus into Calais where they were all together for two or three days till there came from England a Safe Conduct bearing Date 6 f Ashmole p. 665. December and to continue in Force till Midsummer following for the King of Cyprus the King of Denmark and Albert Duke of Bavaria Then these two Kings and the Duke aforesaid took shipping for England and arrived at Dover a little before Christmas where tarrying two days to refresh themselves and their Retinues and till all their Carriages and Horses were unshipped they rode by small journeys easily till they came to London Here at the Kings Command they were Honourably met by the Young Earl of Hereford Essex and Northampton by the Lord Walter Manny the Lord Edward Spencer the Lord Ralph Ferrers Sr. Richard Pemburge and Sr. Richard Sturry together with the Lords of France Hostages who conducted them to the Lodgings prepared for them 'T is to no purpose to mention all the Great Dinners and Publick Entertainments wherewith King Edward received these Grand Personages he shewing by all ways imaginable the high Respect he had for them and for the Pious Enterprise they had all taken in Hand But unto the King of Cyprus he made a free declaration of his Mind saying That from his Soul he desired to be reckon'd among the Heroick Champions of the Christian Faith but he added how it could not be warranted by the Word of God that Religion was to be propagated by the Sword or that it was a thing pleasing to God to endeavour the Recovery of the Land of Palestine at the expence of so much Christian Blood as it hath too often cost already or that it was the Duty of a Christian King without any absolute necessity to leave his own Subjects over whom God hath set him to rush into Foreign Wars which had no immediate relation to him But only in this case where a Pagan Prince doth unjustly seek to ruine or destroy any Christian Prince that it would be the Interest of other Christians near unto him to protect and maintain his cause with their United Powers against the said Infidel That as for him he was not to be look'd on in that capacity neither could he be spared from the Realm for thô blessed be God! he had now Peace both abroad and at home yet it behov'd him not only to look to the Peaceable Government of his Realm but also to stand upon his Guard lest by occasion of his Absence an Advantage might be taken against him which he might never be able to repair But as to a Friend and to a Christian King who had come so far for the cause of Christendom he promised him very considerable Sums of Money and leave to take as many Voluntiers as he could raise thrô the Realm VI. Before this t M.S. Rot. Par. p. 92. Ano. 37. Ed. 3. Sr. Rob. Cotton's Abridgement p. 96. c. Vid. Statute Book p. 120. there was a Parliament Summon'd this Year to meet the King at Westminster as on the Fryday in the Octaves of St. Michael being the Sixth of October of which I shall take leave to glean some few remarkable Observations On the Fryday aforesaid both houses not being full the Lord Chief Justice Sr. Henry Green in presence of the King Lords and Commons by the Kings Order prorogued the Parliament till Fryday following At which time Simon Langham Bishop of Ely and Lord Chancellour of England declared before the Lords and Commons the Reasons why the King had called the said Parliament namely because he was desirous to know the Grievances of his Subjects and particularly that he might by the help of their advice redress what wrongs had been done against the Liberties of Holy Church and also all Enormities especially about exhibiting of Petitions Then there were appointed Receivers and Tryers of Petitions for England Ireland Wales and Scotland also for Aquitaine and other Foreign Places and Isles On the Wednesday after Commandment was given that no Man should transport Woollen Clothes Sheep Butter Cheese Malt or Ale only that the Merchants of Almaine might export Worsteds and straight Clothes and the Merchants of Gascogne might carry forth Woolen Clothes to the Value of the Wines imported Then the Commons gave the King their most humble thanks for the great Goodness he had shewed and confirmed unto them with his own Mouth the last Parliament And they humbly pray that the King would enjoyn the Archbishops and all others of the Clergy that they would put up their joynt Prayers to God Almighty for the Prosperity of his Majesty in Order to the Peace and good Government of the Land and for the continuance of his Majesties Good-Will towards his Commons The same prayeth the King. That the Coyners be order'd to Coyn half their Bullion into half-pence and farthings for the use of the Poor The King hath so appointed That Remedy may be had against Merchants Hostelers Regraters and Forestallers of Wares Fish Wine and Corn. The Ordinance for Fish sold at Blackney in Norfolk shall be kept to look to the Execution whereof William Wickingham and John Barry are appointed That an Order be set forth against Merchants for exporting of Corn Meal and other such Provision A Proclamation to the contrary hath been and is now again newly made That Remedy be had against Wears and such other Engines on Rivers as are a great annoyance to Boats. The Statute made for that purpose shall be kept That the House of Commons may choose Justices of the Peace for every County and that those whom they shall so choose be not displaced upon any surmises Let the House of Commons name Able Men and the King will choose as he thinks best That such Persons as in the time of the Great Pestilence did let out their Mannors which they held of the King in Capite to sundry Persons for term of Life without Licence may accordingly continue the same untill the Land become more populous The King will be advised That those who bring in any Wines from any of the Kings Dominions may be obliged to bring Testimonial under Chief Officers hands of the Prizes of the same so that upon their Arrival the Justices of the Peace may set Prizes agreeable thereto The Statute therefore made shall stand The Printed Statutes for the u Vid. quâ—medò Rot. Parl. Sr. Rob. Cotton p. 97 c. n. 20. c. most part agree exactly with the Records except that where the Print touching Wines hath Couchers the Record hath English Couchers and that of the Seventh Chapter in the Print touching Silver Vessels and of the Nineteenth for finding of Hawks there is no mention found in the Record This Parliament was continued by several Prorogations till the Third of November when the Lord Chancellour in Presence of the King Lords and Commons declared that
having also brought into the Realm the shamefull Sin which is not to be named and moreover are spies may be taken Care of As to Broakers Aliens that is partly answer'd in the Bill of London On Declaration of the many Inconveniences which arise for that in every Town Strangers not being Free of the same are yet suffer'd to buy and sell there it is therefore required that Cities and Towns may have their Liberties renewed and confirmed for reasonable Fines and that they may enjoy them so as no stranger of any Town being not Free may occupy there Such as have good Charters or Liberties may shew them in the Chancery where they shall have Right That the Protections Cum clausâ Volumus whereby many Men are undone and namely one made to Giacomo a Lombard may be repealed and no such hereafter granted After Examination had by the Council they shall be Repealed if need be That Ribalds and sturdy Beggars may be banished out of every Town Touching Ribalds the Statute of Winchester and the Declaration of the same with other Statutes of Roberdsmen shall be executed And for such as make themselves Gentlemen and Men of Arms or Archers if they cannot so prove themselves let them be driven to their Occupation or Service or to the Place from whence they came The Counties of Lincoln Leicester Nottingham and Darby pray that the Staple may be held at Lincoln as it was at the first Ordinance and not at St Botolphs It shall continue at St. Botolphs at the King's Pleasure For that divers Men do live incontinently for saving their Clergy it is requisite that any Man may have his Clergy albeit he Marry two Wives or a Widdow The King will be advised That such Bayliffs in Fee being indicted before the Justices of the Forest for Vert or Venison and thereupon have their Offices seised and forfeited to the King being not called to answer may have a Writ out of the Chancery upon the Statute to be let to Mainprise until the Eire and to be restored to their Offices according as it hath been used Who is specially grieved may declare the same and shall find Remedy That all such Officers and others of the Kings Council who are convicted of Deceit and displaced be never restored again and that so much be Enacted If the Defaults declared to the King and Council deserve such Punishment Otherwise the King will do as to him shall seem best That Remedy may be had against such Aliens Religious as sue to the Court of Rome for their Pensions and Livings Who is especially grieved upon Declaration of the same to the Council shall have Remedy That all Justices of the Peace may be named by the Lords and Knights of every Shire in Parliament where they may be sworn and none to be renewed out of Parliament and that they may be allowed reasonable Fees. They shall be nominated by the King and his continual Council and as for the Fees the King will be advised They require that for Lands sold by any Religious Person or other Person of the Church the Statute of Westminster the Second may be kept and that Judgement Executory may be had against the Tenant of the Lands The King would have the Statute to be kept and touching Alienations made before this Parliament Writs shall be granted against the Tenants of the Land and for such Alienations to be made the King will be advised That Hundreds be not let to Farm or other Farm letten but kept in the Lords Hands The Statutes therefore provided shall stand That such as are indicted before the Coroner for Murder and flee upon the same by sinister means to them made should forfeit their Goods and that the same be enquired of only before the Justice of the Goal Delivery whether they so fled or withdrew themselves Who will especially Complain shall find Favour That Stanks Stakes and other annoyances made about Havens be removed and thrown down The Statute therefore made shall be kept That the Accompts as well for Sums of Money for u De hoc verbo vid. Cowell Skinner in Etymol Assarts or otherwise in the Exchequor may be discharged on the Averment that there are no means to levy the same The Grieved upon Declaration of their Grievance shall have Right That such Lords and others who have Lands upon the Sea-Coasts for the Defence of the same may be bound to dwell upon the same The King by Advice will appoint Order therein That no Sheriffs be made but from Year to Year and that such and their Deputies as have been otherwise may be in the same Case The Statutes therefore appointed shall be observed That none be appointed to be a Justice of Assize in his own Country unless some Foreign Justice be associate with him Who will complain shall have Right That the Charter made to the Men of Yarmouth that none should within the time of their Fishing buy any Herring within seven Miles of the same Town may be Repealed so as Men may openly buy and sell The King granteth thereto in respect of a new Grant above mention'd saving to the Town all other their Liberties with this Clause Licet That no Man be barred by any Warranty collateral but for so much of Lands as Descending unto him by such Auncestry The King will be advised until the next Parliament That the Justices of Assise shall keep their Sessions in Towns where Goals be and make their Deliverances before their Departure at least once by the Year And that to the same Justices may be made in One a Patent as well to take the Assise as to Deliver the Goal The Justices of Assise shall have their Patent in such Wise as hath been and shall as well take the Assise as make Delivery That all Sheriffs may be Yearly chosen on the Feast of St. Michael and so as their Gifts and Dinners to the Officers of the Exchequor may be done That the Justices deliver into the same Court their Extracts at the Octaves of St. Michael and that they be deliver'd to the Sheriff at the Quindenes of St. Martin or the Day after Hilary at th' utmost That Sheriffs and Escheators may be annually removed Sheriffs and Escheators shall be Yearly chosen at Michaelmas and have out their Commissions the Day after All-Souls That no Dinners or Gifts be given them in Receipt or Exchequor on such and such Penalties That Writs be sent into all the Counties of England to publish the Perambulations of the Forest heretofore made and to make Perambulations and to establish the Continuance of the same so as every Officer upon the Breach thereof do forfeit his Office and render double Damages to the Party grieved The King meaneth to make new Perambulations thrô England and willeth that the Charter of the Forest be observed That Remedy may be had against certain Lombards who have coloured certain Ships fraughted and wrecked Goods of the Kings Enemies and pursued by
Durham another of Suffolk and another Archdeacon of York another Prebendary of Thame and Nassington another Prebendary of Yorkes in the Dioecese of York have divers other the best Dignities in England and have sent over Yearly unto them 20000 Marks over and above that which English Brokers lying here have That the Pope to ransom Frenchmen the King's Enemies who defend Lombardy for him doth always at his Pleasure levy a Subsidy of the b In M.S. Sr. Rob. Cotton legitur Holy. Whole Clergy of England That the Pope for more Gain maketh sundry Translations of all the Bishopricks and other Dignities within the Realm That the Pope's Collector hath this Year taken to his Use the First-Fruits of all Benefices That therefore it would be good to renew all the Statutes against Provisions from Rome since the Pope reserveth all the Benefices of the World for his own proper Gift and hath within this Year created Twelve new Cardinals so that now there are Thirty whereas there were wont to be but Twelve in all and all the said Thirty Cardinals except Two or Three are the King's Enemies That the Pope in time will give the Temporal Mannors of Dignities to the King's Enemies since he dayly usurpeth upon the Realm and the King's Regality That all Houses and Corporations of Religion which from the King ought to have free Elections of their Heads the Pope hath now c Vid. Skinner's Etymolog accroached the same unto himself That in all Legations from the Pope whatsoever the English Clergy beareth the Charge of the Legates and all for the Goodness of our Money It also appeareth that if the Money of the Realm were as plentifull as ever the Collector aforesaid with the Cardinals Proctors would soon convey away the same For Remedy whereof it may be provided that no such Collector or Proctor do remain in England upon pain of Life and Limb and that on the like Pain no Englishman become any such Collector or Proctor or remain at the Court of Rome For better Information hereof and namely touching the Pope's Collector for that the Whole Clergy being Obedient to him dare not displease him it were good that Dr. John Strensall Parson of St. Botolphs in Holborn may be sent for to come before the Lords and Commons of this Parliament who being straightly charged can declare much more for that he served the same Collector in House five Years The Commons require that the Statute made in 14 Ed. 3. that the King's Ward should be committed to the next Heir of the Ward to whom the Lands cannot descend he yielding therefore as much as another would might be confirmed The King granteth thereto saving his Regality That time of Prescription in Writ of Right may be from the Coronation of King Edward the First and in Writs of Mort D'Auncester nuper Obiit d In hec lâ—co jus Cognationis significat Cosenage c Vid. Cowell in hac vece Ayel and such other Writs may be from the Coronation of the King now being The King will be advis'd for Changing the Law heretofore used That no Alien do enjoy any Living that hath Cure or requireth Residence This Bill is answer'd before in the two long Bills of Rome For that Errors had before Justices of Assise are Revocable before the Chief Justice of the Common Pleas they require that the Chief Justice there be appointed no Justice of Assise The King granteth when the Number may spare him That a General Pardon may be of all Misprisions and Intrusions made into any Lands holden of the King in Chief The King will shew Favour where him liketh That they may have an Action of Account against the Executors of the Guardian in Soccage The King will be advised untill next Parliament That Restitution may be made to Englishmen Farmers of any Religious Aliens House Touching Farmers abovesaid the King granteth so it concern Priors Churches Conventual Collegiate and Parochial but for English Governours the King will be advised That no Special Grant be made to any Man for singular Profit which may redound to the Disadvantage of the King or Realm Let them declare themselves more particularly That the Statute made for Buyers in f Inter Statuta Gallica M.S. Câ—ll Eman. ipud Cantabr ut Statata Anglica impressa nil tale occurrâ—â— sed potrus reseruntur ad An. 27. Ed. 3. c. 10. 36 Ed. 3. tit 10. c. may be kept and that Justices of the Peace may enquire of the same The Statutes therefore made shall stand and the Justices of the Peace shall determine the same That an Infant within Age levying a Fine may have Respit two or three Years after his full Age to reverse the same The King will be advised That no Alien be made Head of any Religious House belonging to Aliens and that during the Wars all French Religious Persons may be banished the Realm To this nothing was done Certain being taken Prisoners and unable to ransom themselves viz. Sr. Matthew Gournay Sr. Matthew Redmayne Sr. Thomas Fowkes Sr. John Harpedon Sr. Gregory Say Sr. Geoffry Werkesley Sr. Robert Twyford Sr. John Bourchier and divers other Good Knights and Esquires pray the King to ransom them The King is willing to do for their Comfort as far as Reason would The Commons of the County of Devon for divers Oppressions done by the Officers of the Stanneries there under Colour of their Liberties require the King by Parliament to explain his Grant to them made which being divided into particular Branches is done but too long to be here abridged The like Bill did the Commons of Cornwall exhibit for the Liberties of their Stanneries the Grant and Answer agreeing with the preceding but that also is too long for this Place The Commons of the County of Cumberland require Aid of the King for the Repairing the City of Carlile being in a manner spoiled and fallen down for that the Townsmen are not able to do the same and also for the Appointing of one to be Warden of the Marches there The Bishops and Lords together with the Earl of Warwick and Sr. Guy Bryan shall assemble and appoint reasonable Order therein The Inhabitants of the Port Towns in England pray that whereas it often happens that a Man or a Boy being in one of their Ships or other Vessels and by misadventure falling therefrom is drowned their Ship or Vessel is thereupon seised as a Deodand and that therein Remedy may be had If the Vessel be upon the Sea it shall be adjudged no Deodand if upon the Fresh-Water let the Owner complain to the King who will extend Favour The Watermen of London complain of leaving of Locks Stanks and Weares upon the River of Thames and namely of a Lock called Hamelden-Lock and for that there is Custom demanded of them passing the Bridges of Stains Windsor and Maiden-head and other Locks against their Franchises As for the Locks and Kidels the Statute made in the
M.S. Sheriff Clerk of the Market may have nothing to do within the said City He shall make Assay and due Punishment of such as make Default without taking any Fines in Gross of the same Town where he doth not his Office. The Commons of the City of Northampton shew that the Sheriff is yearly charged with an Hundred Pounds for the profit of the Shire where he knows not how to leavy above fifty three Pounds three Shillings four Pence and pray Consideration thereof may be had Let them declare their Request in special manner They pray a Pardon of all Forfeitures supposed to be done by any of them whereof they were not attainted in all their Life and that no such hereafter be made The King will be advised That the Process of such as be at Issue and do not within one Year after sue out their Nisi Prius be discontinued and had for nothing The Law heretofore used shall stand That no Man on pain of Losing all he hath do carry forth Corn out of the Realm but only for the Provision of Calais The Liege People shall have leave to convey Corn whither they please for their most Advantage The Commonalty of Nottingham Darby and Lincoln and of the Town of Nottingham require that by the King's Letters Patents the County and Town of Nottingham aforesaid may appoint two Guardians who may purchase Lands unto them and their Successors for the Maintenance of a Bridge called Heibeth-Bridge nigh unto the Town of Nottingham The King will be advised That the like Order that is made in London against the Horrible vice of Usury may be observed throughout the whole Realm The old Law shall continue That Recovery may he had and an Attourney by a Writ of Assize of Novel Disseisin of Nusance made to a Miln or to the Frank-Tenant of Nusance made in times past as heretofore Let the Common Law run They require that Remedy may be had against certain Lombards who named themselves to be of the Company of Askertines or of Stroze or other the like and thereby have upon Credit bought Wooll of Englishmen some to the value of thirty Pounds and some twenty Pounds and some have departed to the great undoing of divers Englishmen as Thomas Blanchered Nicolas John and other their Factors lately did It is before the Great Council For the Tryal of any Man's Birth whereupon Inheritance doth stand that the Inquest for the Tryal may be of the County where the Birth is laid and not where the Writ is brought The Old Law therein shall be observed That the Kings Carriage for himself and his Houshold may be of Carts and Horses of his own and not to charge the Commons therewith and to remember the Court of Marshalsey for there is great Complaint thereof throughout the whole Realm The King knoweth not how these things are brought to pass But if they be he will charge the Steward and other Officers to make Redress And as to the Article of the Marshalsey let it be declared The Merchants of the Staple require to be eased of divers new Impositions as Chalking p i.e. Vect 〈◊〉 〈…〉 〈◊〉 c. Vâ—d D. Skinâ—â—r c. Tronage Wharfage c. The King would make no new Impositions but that the same be enquired of if it be needfull That Commandment may be made to the Sheriff and Justices of the Peace of every Shire to raise the Power of the Shire for repressing of Routs and Riots The King will appoint Order and willeth that the Statute be executed They require that good regard may be had for the Keeping of the Castle of Nottingham wherein the Sons of Sr. Charles of Blois are under the Keeping of a Stranger not able to answer therefore whereas by Record it appeareth that the Keeper of that Castle was wont to be an Earl of the Realm Let it be declared before the King and the Great Council The Commonalty of Cities and Towns pray that such Parcel and Hamlets of Towns lying near to the Walls of their Cities and Towns and yet not belonging to the same may be contributory to all Charges within such their Walled Cities and Towns and that the Mayors and Bayliffs of the same may arrest all Breakers of the Peace there The King meaneth thereof to be advised That it would please the King to pardon the Commons of Northumberland all Issues and Amercements lost in any of the Kings Courts from Ano. 48. Ed 3. unto this present The King will be advised The Commons of Southampton pray Remedy against the Extortions of the Lord Nevil for not paying Men their Wages whereby the Souldiers spoiled the Country to the Value of 400 l. and that Remedy may be provided for the future The Offender shall answer for the time past and for the time to come the King will provide Remedy The Commons of Norfolk require that Payment be made to them and to all the Countries for sheep taken by the Purveyors far under the Price against the Statute The Bill is otherwise answer'd within the Bill of Buyers That the poor Commons of Yarmouth who came to the Parliament to complain of the Oppressions done unto them by the Rich of the same Town may be in the Kings Protection sworn and examined for the Profit of the King. It pleaseth the King. The Commons of the Dioecess of York complain of the outragious taking of the Bishop and his Clerks for Admission of Priests to their Benefices Who hath most cause let him sue by the Law. The Commons of the Hundred of Gestling in Sussex desire Remedy forasmuch as the Cinque-Ports have bought half the said Hundred and will not contribute any thing to them It is before the Great Council The Commons of Worcestershire Salop and Stafford Hereford Bristol and Gloucester desire Remedy for that the Merchants of those Shires in travelling to Calais are oft arrested for the trespasses and debts of other Men with whom they have no Acquaintance or Doing And also that such as being of the Marches of Wales and County of Chester and rob in the Counties first-recited or commit any other Felonies or Trespasses and being thereof attainted in such Shires where the Felonies are done may therefore lose their Goods and Lands to their Lords Let the old Law there be kept That no Woollen Yarn be carried out of the Realm or sold to any Person but imployed in Draping No such Yarn shall pass out of the Realm upon pain of forfeiture That all Liberties granted to Cities or Towns may be confirmed and no Farmers of any such Liberties be Disturbers of the same Let them shew their Charters in the Chancery and they shall have Right The Poor Commons of Great Yarmouth pray that they may freely buy and sell and chiefly in the Fishing time according to their Charter and not to be oppressed by the Rich. Let them shew their Grievances in particular before the Great Council and they shall be heard The Commons of