Grievance to be That any Stranger might have a House and dwell in the City be a Broker and buy and sell all sorts of Merchandises by Retail and Stranger sell to Strangers that they may again sell the same Goods to others to the great raising the Price of Merchandises and making them Dear Whereas in times past no Strange Merchant used any of these Practices against the Franchises of the City by which the Merchants of the City were much impoverished the Navy or Shipping much impaired the Private Transactions of the Nation discovered by those Strangers to his Enemies by Spies and others lodging in their Houses And then pray it They pray Remedy would please the King and his good Council in Charity to order in that Parlement that Merchant Strangers should be restrained in these Practices and that the Major Aldermen and Commons of the said City might enjoy their Franchises notwithstanding any Statute or Ordinance made to the contrary The King's Answer was 1 Ibm. Ro. The King's Answer upon Condition c. That upon Condition the City might be under good Government to the Honour of him and Profit of the Kingdom from thence forward no Stranger should have a House to be a Broker nor Sell any Goods by Retail within the City or Suburbs notwithstanding any Statute or Ordinance to the contrary saving to the German Merchants of the Haâ—s-Towns their Franchises Granted and Confirmed to them His Letters Patents to the same purpose by the King and his Progenitors According to the Purport and Effect of this Answer the Major Aldermen and Citizens of London obtained the King's Letters Patents Dated the 4th of November next following The Commons Petition the King That whereas great Riots 2 Ib. n. 164. The Commons Petition against Riots were committed in several parts of the Nation by great numbers of Armed Men that the Sheriffs might raise the Posse Comitatus or Power of the County to suppress them and that the Sheriffs and Justices of Peace might inform the King's Council of such Rebels de tiels Rebelles as refused to go with them The Answer was 3 Ibm. Ro. The King's Answer The King by Advice of his great Council would order Remedy if need were but in the mean time let the Statutes concerning that Matter be put in due Execution This Parlement ended July the 6th in the 50th of Ed. III. Whether the Two Kings sent their Commissioners to Bruges on the 15th of September 1375 as was agreed on or if so what was done then I find not however the Truce continued for in The last Truce continued the next year in a Commission to Thomas de Felton Seneschal or Steward of Aquitan and others Dated the 28th of May in the 50th of Edward the Third for Reforming whatever had been done against the Form of the Truce in that Dutchy and punishing the Offenders it appears that the Truce had then been lately renewed and prolonged from the last day of June next coming when it was to have ended to the first of April which should be in the year 1377 or 51st of Edward the Third Holinshed Fol 411. col 1. n. 60. says it was again continued to the first of May and then the War opened But the King many months before the Expiration of the Truce The King of France designing against King Edward had notice of a Design forming against him by the King of France having made an Alliance with Spain and Scotland to that purpose wherefore on the first of December in the 50th of his Reign he issued 4 Clause 50 Ed. III. M 6. Dors Part 2. He calls a Parlement Writs for a Parlement to meet on the Quinden of St. Hillary or 27th of January next coming at Westminster which was held by Commission to the Prince of Wales then about 10 years of Age the Bishop of St. Davids being Chancellor Who 5 Rot. Parl. 51 Ed. III. n. 11 12 13 The Declaration of the Causes of Summons in his Declaration of the Causes of Summons moved the Lords and Commons to a due Love Affection and Obedience toward the King and his Grandchild the Prince of Wales and then tells the chief Cause of Summons was for the Defence of the Land for that the King having at the Request of the Pope agreed to a Treaty of Peace and that there was a Truce made for a time while a Peace might be made which Truce his Adversary of France had broken and was preparing for War and by the assistance of Spain Scotland and other Enemies to destroy the King Kingdom and English Language To obviate this Design and the Malice of his Enemies and to Maintain the Peace of the Nation within and without by their Counsel and Advice was his great Intention as also to know how the Expence of the War should be provided for and for that it was not fit for a Bishop to say any thing against the Pope Monsieur Robert de Ashton Chamberlain to the King was appointed to propound how further Provision might be made against his Vsurpations as should by a Bill be shewed in this Parlement At another 6 Ib. n. 18. meeting of the Prelates Lords and Commons in Parlement the Commons in the King's Name were directed to go to their Old Place the Chapter House of the Abby of Westminster there to treat and advise how due Resistance might be made to the Enemies of the Nation for the safety of the King Kingdom Navy and themselves and how Money might be most speedily raised to the least Grievance of the People The Prelates and Lords Treating likewise about the same Matters there was A Committee of Lords appointed by Parlement to Treat with the Commons assigned in Parlement to have Conference with the Commons for their better Information the Bishops of Lincoln Chichester Hereford and Salisbury the Earls of Arundel Warwick Salisbury and Stafford the Lords Percy Roos Fitzwalter and Basset To Maintain his 7 Ib. n. 19. Wars considering the great Charges the King was to be at for them the defence of the Kingdom and otherwise the Lords and Commons Grant him Four pence of the A Tax granted Goods of every Person des biens de chescune persone of the Kingdom Male and Female above Fourteen years of Age except very Beggers and most humbly pray their Liege Lord he would please to excuse them that they could grant him no greater Subsidy being most willing to have done it but that they were so impoverished of late by great Losses at Sea as otherwise pur grands perdes sur la meer come autrement that they were unable at present And the Commons 8 Ib. n. 20. Treasurers for the Tax prayed the King he would please to Name Two Earls and Two Barons that should be Treasurers as well of this Subsidy as of that the Clergie was yet to grant and also of the Subsidy of Wool Pelts and Leather
Carlisle 15 days after Midsummer and to make the Expedition more great and glorious he Knighted 1 Ibm. And Knighted 300 Sons of Noblemen c. with his Son on Whitsunday at Westminster Three hundred young Gentlemen the Sons of Earls Barons and Knights that had wherewithall to maintain their Honour and gave them their Military Garments out of his own Wardrobe 2 Ibm. The Scots Routed and put to Flight Many of the Scots Tried for Perjury and Rebellion and Hanged These with the Prince were to march with him into Scotland against his Enemies They set forward on the morrow of Holy Trinity but before they came there the Earl of Pembroke had fought with and routed the Scots and put their King to flight at Metfen near St. John's Town or Perth 2 or 3 days after Midsummer In this Battel many were killed and many of Note taken 3 Ib. f. 455. n. 40 50. and f. 456. n. 10 20 30. The two Bishops and Abbat the Contrivers of the Rebellion taken most of which were Tryed and Hanged for Perjury and Rebellion Afterwards the King Prince and many Great Men went into Scotland when some received them Honourably others left their Habitations and fled The Army roving up and down after the Fight pursued the Fugitives some they killed others they took alive amongst whom were the Two 4 Ib. f. 455. n. 30. The Bishop of St. Andrews sent Prisoner to Winchester Castle Bishops and the Abbat armed under their Surcoates These were sent into England and imprisoned The Bishop of St. Andrews was sent to the Sheriff of Hampshire to be kept in Winchester Castle as the King's Enemy Rebel and Traytor and by the 5 Append. n. 38. The Sheriff of Hampshire charged with him Mittimus or Warrant he was to be kept in the strongest Tower of the Castle and safely and securely put in Iron Fetters under Penalty of the Sheriffs forfeiting all his Goods Lands and Tenements if he made his Escape By the Warrant no Man was to see or speak with him but such as the Sheriff should appoint to attend him And for further Security the Sheriff was to take as many Landed Men of the Vicinage as he thought fit to assist him and the Custos or Warden of the Castle as his Guard under the same Penalty with the Sheriff if he Escaped The Bishop of Glasco was sent to the Castle of Porcester in the same County by a Mittimus or 6 Claus 34 Ed. I. M. 6 intus The Bishop of Glasco sent to Parchester Castle Warrant in the same Form and Words as also was the Abbat of Schone sent to the 7 Ibm. Castle of Mere in Wiltshire by the like Mittimus directed to the Sheriff of that County The Pope being informed of the Murder of John Comyn by his 8 In Turri Lord. 34 Ed. I. and Pryns Ed. I. f. 1122. The Pope Excommunicates the Murderers of John Comyn Bull directed to the Arch-Bishop of York and Bishop of Carlisle ordered them to Excommunicate Robert Brus and all his Complices until they made Satisfaction and deserved Absolution And the King made Inquisition 9 Mat. West â— 456. n. 10. in Scotland by Men of Credit per fide dignos homines who and what Persons committed the Murder and were present at the Coronation of Robert Brus and took them almost all and put them to death And for the greater * Claus 34 Ed. I. M. 3. Dors in French and Rilâ—y's Appen f. 510. Ordinances made by King and Council for the security of the Peace of Scotland Security of the Peace of Scotland it was agreed by the King and his Council That the Guardian of Scotland should cause to be proclaimed in all Cities Burghs and Mercate Towns and in other Places where he thought fit That all such who were against the King in the last War and were not come to his Peace and others who committed Felonies and other Crimes for which they ought to lose Life or Member and were not taken should be apprehended by any Persons where ever they came and to that purpose to Levy Hue and Cry with Horn and Mouth and pursue them with force from Town to Town Country to Country County to County until they rendred themselves or were taken dead or alive and that those who neglected to do this should lose all their Goods and be imprisoned during the King's Pleasure The Guardian was likewise to inquire after the Receivers of such Persons that they might have such Justice as they deserved It was then also Accorded That all those who were Guilty and Abettors of the Death of John Comyn should be Drawn and Hang'd and those that advised and assented to it and those who after the Fact knowingly and willingly or freely received them should have the same Judgment And those that were guilty of his Death that were or should be taken by force in this War against the King should be Hanged or have their Heads cut off and their Receivers to have the same Judgment And all that were against the King in the War at any time as well before as in and after the Battel of Metfen those who were the most notorious and dangerous of them should be put in Prison where the King should appoint and not to be released but by his Order And those who willingly were of the Party of Robert Brus or were aiding advising procuring or persuading the People to Rise contrary to Law and were thereof Convicted whether Clerks or others were to be imprisoned during the King's Pleasure And it was Agreed That the People of Scotland who were forced to rise against the King in this War should be Fined as the Guardian should see cause and according to their Offence and for the greater Authority and Execution of this Agreement the King caused it to pass under his Seal of Scotland In the same Roll and Membrane there is the Acknowledgment The Senesch or Steward of Scotland his acknowledgment of his Crimes against King Edward made by himself of the Heinous Crimes and Offences of James the Steward of Scotland against his Liege Lord King Edward against the Homage and Fealty he did and sware to him and against his Ligeance whereupon he rendred and submitted high and low and in all things his Body Lands and Tenements and all he had or might have to his Will who of his special Grace Restored to him all he held in Scotland for which being free delivered out of Prison and in his own full Power he again did Homage and and made Oath of Fealty as he had done in the 24th of his He renews his Homage and Fealty Reign and for the sure keeping and performing his Homage and Oath in all Points he bound his Body his Heirs Lands Tenements all he had or could have high and low and in all things to the Will of the King and his Heirs And Willed and Granted for him and his Heirs
proceed in this Match the Popes 2 Pat. 17. Ed. I. M. 3. Cedula intus de facto Norwegiae Dispensation was procured they being Cousin Germans to legitimate the Marriage This obtained King Edward writes to Eric King of Norwey 3 Ib. M. 4. Cedula about this Affair assuring him That the Guardians the Great Men Prelates and the whole Community of the Kingdom of Scotland had unanimously consented to it And the King of Norwey 4 Ib. M. 3. 4. A Treaty about that Match wrote to King Edward and sent Commissioners there named to Transact with him That by his Advice and Assistance his Niece might be obeyed as Queen and Heir of Scotland and that she might Govern as Kings do in other Kingdoms Vt ipse apponeret auxilium consilium qualiter praedictae Reginae nepti suae obediretur ut Domina Regina haeres Regni Scotiae quod ipsa inde Ordinare possit pariter Gaudere prout aliis faciunt Reges Regnis 5 Ibm. King Edward wrote also to the Guardians of Scotland to send Commissioners to Treat with those of Norwey about the Emendation Peace and Quiet of that Kingdom and ordering the State of the Queen reformatione Status Reginae who sent them accordingly with whom he joined Commissioners of his own All these Commissioners named in this Instrument met at Salisbury on the 26th of October where and when it was agreed First That the Queen and Heir 6 Ibm. The Articles of that Treaty Regina Haeres should come into England or Scotland before the Feast of All-Saints next coming if she had no reasonable Excuse free from any Contract of Marriage or Espousals for which the Commissioners of Norwey did undertake Secondly That if she came so into England King Edward promised That when Scotland was so secured in Peace and Quiet as she might safely go thither and stay there if the Scots required he would send her thither free from all Contracts of Marriage and Espousals so as the Scots before they should receive her gave good Security to him and the King of Norwey they would not Marry her without their Consents Thirdly The Scots Commissioners likewise promised for themselves and the Nation they would secure it before she came thither 7 Ibm. Quod inibi ut in suum Regnum venire poterit pro suae voluntatis libito Commorari prout ipsius Terrae vera Domina Regina Heares Quodque de premissis omnes securitates praestabunt quae rationabiles fuerint quas dicti Duntii Norwegiae ipsos facere posse dicunt That she might come and remain there at her pleasure as true Lady Queen and Heir and that concerning the Premisses they would give all Rational Security that the Commissioners of Norwey should say they might give Fourthly If any of the Guardians or Officers of Scotland were suspected they should be Removed 8 Ibm. and new ones put in their Places by the Commissioners of Norwey and Scotland and such as the King of England should appoint for that purpose and if the Scots and Norwegians could not agree in this Matter then the English Commissioners were to determine what was to be done and not only in this but in all Matters whatsoever that should happen in settling the State and Reformation of Scotland For the performance of all this it was 9 Ibm. agreed there should be a great Meeting of the English and Scots at and near Rokesburgh at Midlent next following where the Scots were to give Security for the Performance of these things and for the Emendation of Scotland before such as the King of England sent thither 1 Ibm. To this Agreement in Three Parts Two in French for the English and Scots and a Third in Latin for the Commissioners of Norwey The Respective Commissioners set to their Seals and it was Dated at Salisbury on Sunday the Feast of St. Leonard i. e. November 6. 1289. By his Letters 2 Append. n. 9. King Edward writes to the Nobility of Scotland to assist the Guardians dated the same day at Clarendon directed to the Prelates Great Men and the whole Community of Scotland King Edward Requires them to obey and be assisting to the Guardians who were appointed in the Name of his Kinswoman Queen Margaret to Govern that Kingdom This securing Scotland to the Right Heir and making it in so quiet a Condition as it might receive her with safety and providing her an Husband was the ordering of the State of the The meaning of Buchanan's King-Creation Kingdom and King-Creation as Buchanan artificially insinuates in his Republican Expressions For further facilitating of this intended Marriage and that it might proceed with the Assent and Approbation of the Guardians Bishops Abbats Earls Barons and whole Community of Scotland King Edward 3 Pat. 18 Ed. I. M. 8 9. A. D. 1290. confirmed to them certain Articles agreed on by special Commissioners on both Parts The English Commissioners on behalf of the King and his Heirs Granted First That they should Have Vse and Enjoy their Laws Liberties Concessions of King Edward for promoting the Match between his Son and the Heiress of Scotland and Customs they had before Enjoyed Secondly That if Edward and Margaret should die without Heirs the Crown should Revert to the next Heir of the Kingdom Thirdly That the Kingdom of Scotland might remain separated divided and free in it self from the Kingdom of England without subjection by its true Bounds and Limits as it had been before time This was Granted with a saving of the King 's Right before this Treaty Fourthly That the Chapters of Cathedral Collegiate or Conventual Churches might not be compelled to go out of the Kingdom to ask Leave to Elect or Present their Elects or to do Fealty to the King of Scotland nor any Tenents in Capite or other Persons forced out of the Kingdom to do their Homage Fealty and Services or prosecute any Suits or other things which were used to be done there but that they might be done in their usual Places before the Chancellor of Scotland or Vice-Roy Fifthly That the Parlements for what concerned Scotland might be holden within that Kingdom The King was to 4 Ibm. Swear to the Observation of these Things And the Commmissioners promised further That he should oblige himself and Heirs to make Restitution of the Kingdom in the Case aforesaid in 100000 l. Sterl to be paid to the Church of Rome in Aid of the Holy Land and That he should Consent the Pope might constrain him and his Heirs by Excommunicating them and interdicting the Kingdom as well to the Restitution as Payment of the Money if he did not It was lastly 5 Ibm. Agreed and Promised by the English Commissioners That King Edward at his own Charges should procure the Pope to confirm these Articles within a year after the Marriage of Edward and Margaret and that
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias Bâ—llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
intent upon this Business 5 Ibm. The King of Scots Confederates with the K. of France he had certain Information That the King of Scots with his Prelates Earls Barons and other Noblemen Communities of Cities and Towns and others of the Chief Inhabitants of the Kingdom had made a Confederacy and League with the King of France against him Sealed with both their Seals and Counter-changed 6 Ibm. For Dispatch whereof the King of Scots at the Instance of his Bishops Earls c. sent four Procurators or Commissioners William Bishop of St. Andrews Matthew Bishop of Dunkeld John de Soules and Ingram de Vmfreville the Sum of the League was First That Edward King John's Son should Marry the Daughter The Articles of the Confederacy of Charles of Valois Earl of Anjou the King of France his Brother Secondly That the King of Scotland in the present War should assist the King of France against the King of England and all Confederates as well by Sea as Land against the Emperor of Germany and others Thirdly That he should at his own Charges make War against the King of England when he was Employed in or Diverted by War in other Places Fourthly That as well the Earls 6 Ibm. Barons Prelates and other Noblemen as far as of right they might and also the Communities of ths Kingdom of Scotland should as soon as they could send him their Letters-Patents under their Seals of their Consent to these Things Fifthly That if the King of England Invaded Scotland the King of France was to make War upon him in other Parts to divert him or if required to send Forces into Scotland at his own Charges until they came there Sixthly That if the King of England went out of his Kingdom or sent many Forces abroad the Commissioners promised that especially in this Case the King of Scotland should enter England with his whole Power as far as he could making War in the Field besieging Towns wasting the Countries and by all possible ways Destroying England Sevently That they should not make Peace on either side without the Consent of the other The League it self and the Procuratory-Letters are to be found in this Record and in Hen. de Knighton Col. 2473. Toward the 7 Ibm. King Edward goes to Newcastle time appointed the King of England prepared for his Journey to Newcastle and sent before him the Abbots of Newminster and Wellebeck to the King of Scots to give him notice of the Adjornment and time of his coming by whom he also Demanded certain Castles in the Marches to be Delivered to him for his own and Subjects security from the present Dangers which when past he should Receive again and that he might so Receive them without Difficulty he sent by the Abbots his Obligatory-Letters for the Performance of his Promise On the First of 8 Ibm. The King of Scots came not March 1296 and the 24th of his Reign the King was at Newcastle and staid there many Days Expecting the King of Scots he came not the King of England moved nearer Scotland to Banburgh and War where he also Summoned and Expected him for some time yet he neither came nor sent to Excuse himself but Returned the Homage and Fealty for himself and all others of the Kingdom to King Edward and Defied him by the After a second Summons he Defies him Following Instrument or Writing TO the 9 9 Ibm. Hen. de Knighton Col. 2477. The Instrument by which he returned King Edward his Homage and Defied him Magnificent Prince Edward by the Grace of GOD King of England John by the same Grace King of Scotland Whereas you and others of your Kingdom you not being Ignorant or having cause of Ignorance by your violent Power have Notoriously and Frequently done grievous and intolerable Injuries Contempts Grievances and strange Damages against us the Liberties of our Kingdom and against God and Justice Citing us at your pleasure upon every slight Suggestion out of our Kingdom unduly Vexing us seising our Castles Lands and Possessions in your Kingdom unjustly and for no fault of ours taking the Goods of our Subjects as well by Sea as Land and carrying them into your Kingdom Killing our Merchants and others of our Kingdom carrying away our Subjects and Imprisoning them For the Reformation of which things we sent our Messengers to you which remain not only unredressed but there is every Day an addition of worse things to them For now you are come with a great Army upon the Borders for the Disinheriting us and the Inhabitants of our Kingdom and proceeding have inhumanely committed Slaughter Burnings and violent Invasions as well by Sea as Land We not being able to sustain the said Injuries Grievances and Damages any longer nor to remain in your Fealty or Homage extorted by your violent Oppression we Restore them to you for our Self and all the Inhabitants of our Kingdom as well for the Lands we hold of you in your Kingdom as for your pretended Government over us 1 Ibm. Knighton says this Letter was without Date 2 Walsingham 1 Ib. 2. f. 66 n. 20. says it was sent about the beginning of April when the Guardian and Lector of the Frior Minors of Roxburgh brought it to the King Before this Restitution of Homage and Fealty the Scots sent 3 Knighton ut supra col 2477. n. 20. to Rome to have Absolution from their Oaths and Homage and upon false Suggestions made to Pope Celestin they were absolved by his Bull. Deinde Scoti miserunt ad Curiam Romanam pro absolutione habendâ de Juramento suo praestito Regi Angliae de Homagio suo illi facto per falsam suggestionem factam Celestino Papae sunt absoluti per Bullam Papalem This is a true Abstract of the 4 In fine Rotuli Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Chamberlains of the Exchequer in the 3d Treasury at Westminster in a long Painted Box in a great Wooden Chest the Original Roll or Record of the Superiority of the Kings of England over the Kingdom of Scotland and of the Homages and Fealties of the King and Kingdom of Scotland in the 19th 20th 21st 22d 23d of Edward the First A. D. 1291 1292 1293 1294 1295 containing 34 Membranes or Skins of Parchment drawn up by Andrew sometimes Clerk to William de Tang and Publick Notary by the Popes Authority who was present with the Witnesses to every Act who were the best Men of both Kingdoms heard and saw the things done and signed every Membrane with his usual Mark or Sign now remaining in the Tower of London and Printed at large from the Roll in Mr. Pryn's Second Volume of the History of King John Henry III. and Edward I. Not known to any of our Historians and therefore the Truth of these Transactions not understood which makes a considerable part of the History of his Reign And this Record
Summoned by our Lord the King of England or his Heirs and we shall not know of any Damage done to them but we will hinder it to the utmost of our Power and shall Discover it to them And for the performance of this we bind us and our Heirs and all our Goods and further have Sworn it upon the Holy Gospels In Witness whereof we have caused these Letters Patents to be made and sealed with our Seal Given at Roxburgh the 13th day of May in the 24th year of the Reign of our Lord the King of England All the Bishops and other Ecclesiastick Prelates Abbats and The same Submission and Renunciation of the whole Kingdom of Scotland Convents Priors Friers Parsons Vicars Abbesses Nuns Earls Barons Knights Citizens Burgesses Aldermen Communalties of Cities and Burghs and other Commoners or Inhabitants in Scotland Recorded and Named in four 5 Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title De Juramentis homagii fidelitatis Edwardo Regi Angliae nominatim praestitis per unamquamque individuam personam Regni Scotiae Of the Oaths of Homage and Fealty made to Edward King of England by every individual Person of the Kingdom of Scotland by Name made the same Submission Renuntiation and Oath at several Places and several Times and made their Letters Patents of it especially in the Parlement holden 6 Ib. Pecia 20 21 c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary or 22d of August in the year from the Nativity of our Lord 1296 by the Consent of the Noblemen and Prelates of both Kingdoms These Rolls were not delivered unto the Kings Keeper of his Rolls 7 Claus 34. Ed. 1. Dors 91 until the 34th of his Reign and they were drawn up by the same Notary Andrew before-mentioned who was present heard and saw what was done as 't is Recorded at the end of the Roll Pecia 35 And the same Instrument of Homage and Fealty with the Chamberlains of the Exchequer in the 3d Treasury at Westminster with other Things and Instruments in small Boxes in great Wooden Chests This done 9 Walsingh f. 68. n. 10. n. 30 40. King Edward appoints a Governor of Scotland and other Officers there He sends John Baliol to the Tower c. King Edward caused the Stone used by the Kings of Scotland as a Throne to be brought to Westminster appointed John Warren Earl of Surrey and Sussex Governor of Scotland Hugh de Cressingham Treasurer and William Ormesby Justitiary sent King John Baliol to the Tower of London where he was decently attended and the Noblemen of Scotland which he brought into England were forbidden to pass the River Trent under forfeiture of their Heads From Scotland we are to return to England and France where we find the Peace between them which had continued for some time broken The Quarrel at first began between the 1 Mat. West f. 419 420 421 c. Walsingham f. 57. n. 50. c. A. D. 1291 1292 1293 1294 c. Peace broken between France and England English and French Seamen who plundered one anothers Ships and seised them where-ever they met at Sea or in Harbour from single Ships they brought Fleet against Fleet each side complained to their Kings and Satisfaction was demanded on both sides Several Endeavours were used to Compose these Differences the Two Queens of France Consort and Dowager mediated a Peace and were forward in it The Pope sent Two Cardinals to the Two Kings to the same purpose divers Means were contrived for Satisfaction on both parts but none took effect The King of England offered an Interview or a Reference to Commissioners to end all Controversies and adjust the Losses and Damages of the Subjects of both Nations but neither was accepted The King of France charged him That The Charge against King Edward his Subjects and Merchants were Robbed spoiled of their Goods and imprisoned by his Consent and also with Contempt and Rebellion in denying his Superiority and Dominion in Aquitain For which he peremptorily 2 Mat. West f. 419. n. 40. the Writ or Citation it self which is very long He is Cited to appear at Paris And upon non-appearance adjudged to have forfeited his Lands in France cited him to appear at Paris Twenty days after Christmas-Day to answer what should be objected against him to stand to the Law and hear Judgment King Edward neglected the Citation or Summons and was by the Vniversal Sentence of the Peers adjudged to have forfeited all his Lands in France and the Constable was sent with an Army to take possession of that Dukedom Upon this seising of Gascony King Edward 3 Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parlement after Whitsunday next following in which it was Resolved to Recover Aquitain or Gascony by Force and Arms whereupon * Ib. n. 50. he sent the Arch-Bishop of Dublin and the Bishop of Durham with other Great Men to the Emperor of Germany called then King of Almain to make an Alliance with him against France and for 100000 l. Sterling paid unto him a good Sum in those days the King and Emperor became acquainted who were scarce known to one another before all Difficulties between them were overcome and great Things were expected from this Alliance The King intending to pass into France with an Army was detained at Portsmouth by * Ibm. f. 422. n. 10. contrary Winds from Midsummer-day to the Exaltation of Holy Cross i. e. the 14th of September On the Vigil of St. Mathew the Apostle he called another 4 Ib. f. 422. n. 30. Parlement or happily this might be the same wherein to support the War the Clergy granted a Moyety of their Benefices and Goods at three Payments whereof the first to be at the Feast of All-Saints next coming the second Fifteen days after Easter and the third Fifteen days after Midsummer the Writ appointing the Collectors in the Diocese of Canterbury bears Date Septemb. 30 and is to be found amongst the Records of Trinity-Term 22 Ed. I. Rot. 68 with the King's Remembrancer in the Exchequer On the 5 Claus 22. Ed. I. M. 6. Do s A Tenth granted by the Laity the first day of the Parlement Morrow after St. Martin or the 12th of November next following the Earls Barons Knights c. gave a Tenth part of their Goods on this very first day of the Parlement and the Commissions to the 6 Pat. 22. Ed. I. M. 2. in cedula The Citizens c. pay a Sixth part Taxors and Collectors of it are Dated the same day The Citizens Burgesses and Tenents of the King's Demeasns paid a sixth part of their Goods but not granted in Parlement there were Commissioners sent unto every City Burgh and Town of his Demeasns 7 Inter Recorda 23 Ed. I. n. vel
than Eternal Majesty they acquiesce in such Abuses without Authority from the Apostolic See We therefore desiring to obviate such Acts with Advice of our Brethren by Apostolic Authority do Ordain That those Prelates Ecclesiastics Religious or Secular of what State Order or Condition soever they be who shall Pay or grant to Pay any Taxes or Impositions an Half a Tenth Twentieth an Hundredth or any other Part or Portion whatever of the Revenues of their Churches or Goods to Lay-men under the Name of an Aid Assistance Lending or Gift or under any other Pretence or Colour whatsoever without the Authority of the same See Also those Emperors Kings Princes Dukes Earls Barons Great Men Captains Officers and Governors by what Names soever they are known or any other of what State or Condition soever that shall Impose Exact or Receive such things or shall Arrest Seize or presume to take the Goods of Ecclesiastics deposited and secured in Churches or that shall Command them to be Arrested Seized or Taken likewise all who Knowingly shall give any Advice Assistance or Favour in these Matters for that very Thing and in that Moment shall incur the Sentence of Excommunication The Communities or Vniversities or Bodies-Politick that shall be Guilty of these things we put under Ecclesiastic Interdict strictly commanding the Prelates and Church-men by Virtue of their Obedience and under pain of being Deposed that they acquiesce not in these things without Express Licence of the said See And that under Pretence of any manner of Obligation Promise or Concession now made before this Constitution Prohibition or Precept shall come to their Knowledge or afterwards they shall not Pay or the foresaid Seculars Receive any thing any manner of way And if they do Pay or the others Receive that very Moment in doing it they shall fall under the Sentence of Excommunication nor shall they be absolved from Excommunication or Interdict without special Licence and Authority from the Apostolic See unless at point of Death For we intend not by Dissimulation to pass by such an horrid Abuse of the Secular Powers Notwithstanding any Privileges under any Tenor Form or Conception of Words whatever Granted to Emperors Kings and others abovesaid which we will not shall any way help him or them against the Premisses Therefore no Man may lawfully Dare to do any thing contrary to this Constitution Prohibition or Precept Dated at St. Peter's in Rome the 6th of the Kalends of March in the Second Year of our Pontificate That is February 24th 1296 in the 24th of Ed. 1. Notwithstanding the Clergy denied the King an Aid according to this Papal Prohibition yet he proceeded in his War and made 6 Confederatio inter Regem Comitem Flandriae pat 25 Ed 1. Part. 1 M. 18. The Confederacy between K. Ed. and the E. of Flanders a Confederacy with the Earl of Flanders against the King of France Complaining That he being a Peer of France and in Homage to the High and Puissant King Philip he oppressed and used him according to his own Will contrary to Reason Justice and his own Desert and therefore because he was so Strong and Powerful not acknowledging any Superior by Advice of his Prelates Earls and Barons he made Alliances and Covenants with his Friends to endure from that time forward for Ever a touz jours perpetuelement and particularly with the Earl of Flanders First That if the King of France or his Heirs should make War The Articles upon him or his Heirs then the King of England should Aid and Assist him against the King of France and all his Assistants by his Allies beyond Sea and by his own Subjects Faithfully and according to his Power Secondly That the Earl of Flanders and his Heirs Earls of Flanders and their Allies should Aid the King of England his Heirs and Allies in the same manner and that within two Months after notice from the King of England in this present War he was to make upon the King of France Thirdly That neither the King of England nor his Heirs nor the Earl of Flanders and his Heirs should make Peace Truce or Sufferance i. e. Cessation of Arms with the King of France and his Heirs without the Assent Grant and Consent of each other Fourthly That the Earl of Flanders might better and more surely sustain and undergo so great an Affair and so great a War as he had Covenanted to do against the King of France his Allies and Assistants Et pur ceo que cuens de Flandres peust mieuz plus surement sustenir endurer si grant bensoign si grant fais de Guerre come il convendra contre le Roy de France é ses Alliez é ses Aidantz King Edward granted for him and his Heirs to the Earl of Flanders and his Heirs every Year during the War Sixty Thousand * Four of these Livres made a Pound Sterling so that this was the value of 15000 l. Sterling Livres of Black Turnois or other Current Money at Two Payments within the Earldom of Flanders Chescun an Durant le susdit Guerre seissante Mile Livres de Turnois Noirs c. at every Payment Thirty thousand Livres the First to begin at Christmas 1297. an Noel qui serra l'an de Nostre Seigneur Mil deux centz quatre vintz é Diseseptz and the Second at the Nativity of St. John Baptist following These Payments were to endure so long as the War should endure Fifthly That these Alliances made between them might no ways be defeated neither by the Command of or Purchase from the Pope or any other nor for any thing that might be any ways Obtained or Granted without their joint Consent Ne par Commandement ne par purchaz D'Apostoille ne d'autri ne pur choise qui sait impetree ne ottrogee c. and if any thing was obtain'd it was agreed on both Parts to Reject and not use it For the Faithful Performance of this Agreement King Edward solemnly Sware to the Earl of Flanders by his Proxies Monsieur Hugh le Despenser and Monsieur Walter Beauchamp Steward of his Houshold And by that Oath he further Agreed and Covenanted with the Earl of Flanders That his Son Edward when he was of Age should Grant Agree to and Confirm this Form of Alliance and Confederacy Which was Dated at Ipswich and Sealed with his Seal on the Morrow of Epiphany or the 7th of January 1296. in the 25th of his Reign Et pur ce totes ces choses soinet plus seurez tenuz Gardez mieux plus fermement nous en noun de sovenance de Tesmoignage avous cestes presentes Letters fait seale◠de nostre Seal Les queles jurent faites Donees a Gippewiz lendemain de la Epephany l'an de Grace Mil deux centz quatre vintz sesse de nostre Regne vintisme quint. The Record is long and Tautological but this is the very Substance of it
Grey Justiciary of Chester to give notice to all those in their several Bailiwicks or Counties that had 20 l. per Annum or above as well within Liberties as without whether they held of him in Capite or not to provide themselves with Horse and Arms and to be ready to go with his own Person for the Defence of themselves and whole Kingdom whensoever he should send for them Witness the King at Plympton the 5th day of May in the 25th of his Reign On the 15th of May for the Dangers and Perils that might happen to him and his Kingdom by the Treachery of his Enemies reciting the former Warrant and having appointed the time of his passage beyond Sea he 2 Append. n. 27. Of whomsoever they hold to pass with his Body beyond Sea commanded all the Sheriffs of England and Reginald de Grey to summon all that had 20 l. per Annum of whomsoever they should hold the same to be with him at London provided with Horse and Arms as they ought to be on Sunday next after the Octaves or Eight days after St. John Baptist to pass with his Body beyond Sea to the Honour of God of himself and their selves for the safety and common Profit of the Kingdom Witness the King at Loders in Dorsetshire the 15th of May in the 25th of his Reign At the same time he sent his 3 Ibm. He summons his whole Military Service to go with him Warrants to the same Persons to summon the Arch-Bishops Bishops Abbats Priors and other Ecclesiastick Persons and also Widows and other Women within their Counties that held of him in Capite by Military Service or Serjanty or of Wards in his Hand or Tuition to be at the same time and place with their whole Service of Horse and Arms to pass with his Body c. Witness as above Then also he wrote 4 Ibm. And writes to all the Earls Barons and Bishops particularly to be ready to Edmund Earl of Cornwall reciting his first Writ c. to be ready with Horse and Arms at the same time and place to pass with his Body c. Witness as above In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England To Humfry Bohun Earl of Hereford and Essex Constable of England To William Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel Robert de Ver Earl of Oxford John de Warena Earl of Surry Gilbert de Hunfranvil Earl of Anegos and 122 Barons and great Men there named And after the same manner he wrote to all the Bishops particularly On the 24th of this month the King wrote 5 Ibm. n. 28. again to all the Sheriffs of England and Reginald de Grey Justiciary of Chester to The Sheriffs to certifie all that had 20 l. per Annum in their Counties Execute his former Writ of Summons and to certifie under their Seals the Names of all such as had 20 l. per Annum or above of whomsoever they held it in their Bailiwicks or Counties Witness the King at Portsmouth the 24th of May in the 25th of his Reign While the King was thus preparing for his Voyage 6 Walsingh f. 70. N. 10 20 30 40. The Scots arm under William Waleys their Leader Kill the English the Scots by the Instigation of William Waleys whom they chose their Leader in this Month of May upon the King 's Justitiary William de Ormesby's Banishing many of them that refused to do Homage and Fealty to King Edward armed themselves and Killed all the English they met with practising strange Cruelties upon them which he having notice of laying to Heart the Affliction of his Friends in Flanders for want of his Assistance directed The Earl of Surry sent to Suppressthem He sent Henry de Percy William Waren Earl of Surrey with the Militia beyond Trent to march into Scotland to suppress this Insurrection The Earl raising an Army in the North Parts sent his Nephew Henry de Percy with it into Scotland who marching toward the Scots found the Heads of them the Bishop of Glascow the Steward of Scotland Andrew de Mornia and William Walleys inclineable to Peace upon Condition of the Safety of their Lives and Limbs Lands and Goods so as all things might be Pardoned to that time Henry Who accepts from them Terms of Peace de Percy admitted the Peace upon promise of Hostages and Articles in Writing if it should please the King who made acquainted with the Terms Consented to it that his Voyage might not be hindered When the Earl of Surrey went into Scotland to see the Performance of these things the Scots shifted from time to time delaying to deliver Hostages whereupon the Bishop of Glascow and William Douglas lest they might be thought Traytors yielded themselves the Bishop was secured in Roxburgh Castle and Douglas in Berwick In order to the King's Voyage into Flanders as hath been noted before the Militia was Summoned to meet at London on the Sunday after the Octaves of St. John Baptist which are July the First Mat. Westminster 7 Fol. 430. N. 20 30 40. A. D. 1297. The Earls of Norfolk and Hereford Constable and Marshal refuse to do their Duty and Service says They were summoned to meet on the Morrow of the Translation of Thomas the Martyr i. e. Becket which is July the 8th and may agree with the Record if the First of July that year fell on a Sunday when the Earls of Norfolk and Hereford the Marshal and Constable being Required by the King Refused to do their Duty and Request him to appoint some other of his Houshold to that Service and retired and on the 25th of July 8 he wrote again to all his Ports to send 8 Claus 25. E. 1. M. 9. Dors their Ships to Winchelsey with what speed they could The King no doubt in hopes of a perfect Reconciliation before he went over Sea 9 Append. N. 16. The King restores to the Archbishop of Canterbury all his Lands and Goods wrote to the Sheriffs of Kent Surrey Middlesex Sussex and Essex upon the earnest Request and Mediation of the Prelates of that Province and out of Special favour to Restore to the Archbishop of Canterbury all his Lay-Fees together with his Oxen Carts or Waggons and all other his Goods and Chattels being upon the same in the state they were then in Witness the King at Westminster July the 11th in the 25th of his Reign And that he might extend his further favour to all the Clergy that had submitted and were reconciled he gave a general Protection to them that had not received it before and 1 Ibm. N. 30. He grants a General Protection to all the Clergy wrote to the Sheriffs of London and others at the Request and Prayer of the Archbishop of Canterbury and other Bishops and Prelates of his Kingdom Supplicating him in behalf of the Clergy That they should Maintain Protect
Kingdom who marching 2 Wals f. 87. lin 3. with a small Party towards Edinburgh the Scots who lay in Ambuscado wounded and took him with several others but a fresh Party coming up rescued Taken Prisoner and rescued and took him from those that had him Prisoner Next Year on the 10th of January A. D. 1303. beginning A. D. 1303. Pryn's Ed. I. 1020 the Year at Christmas as Walsingham always doth 3 the King of France willing to leave the Scots out of the Treaty and conclude a Peace with England King Edward gave his Letters Patents or Commissions to Amadeus Earl of Savoy Henry de Lacy Earl of Lincoln and Otto de Grandison or any Two of them dated at Odyham January 10. 3 Pryn's Ed. I f 1020 The Truce with the King of France prolonged 31 Ed. I. A Peace between the two Kings to Prorogue the Truce between him and the King of France their Kingdoms and Subjects and to settle a firm and perpetual Peace between them their Heirs and Successors against all Persons but the Pope and Church of Rome and also to the same Persons and Bishop of Worcester gave Commission on the 2d of March in the same Year to the same purpose who Treating with the Dukes of Burgoine and Britan and other Commissioners of the King of France concluded a firm Peace between the Two Kings and their Realms 4 Ibm. The Scots left out of it leaving the Scots out of the Treaty For the Confirmation whereof the King made his Letters Patents and Sealed them at the Town of St. John's or Perth in Scotland June 10. A. D. 1303. in the 31st of his Reign All the Procurations Patents and other things concerning this Peace and the Articles themselves are in a special Roll in the Tower which at the writing hereof I could have no opportunity to peruse Upon this Treaty and Peace 5 Mat. West f. 446. n. 20. Gascoigny restored to King Edward The Revolt of Flanders the cause of this Pâ—ace Gascoigne was restored to King Edward with all its Rights and Liberties as he possessed it before the beginning of the War The Revolt of Flanders from the Subjection of France which had been subdued when King Edward by reason of the Domestick Troubles and Confusion of his own Affairs at home was not able to assist the Flemmings 6 Ibm n. 30. Mezeray's Hist Fr. f. 330. contributed much to the advancement of this Peace for the French attempting to regain Flanders were every where beaten and their Armies routed and in all their Attempts had ill Success This Year the Scots armed again under the 7 Wals f. 86. n. 40. f. 87. n. 10. 20. 31 Ed. I. The Scots arm again under W. Waleys They crave Peace and have their Terms granted Sterling-Castle besieged Conduct of William Waleys and the King summoned his Militia to be at Roxburgh in Scotland on Whitsunday from whence by small Marches he went through the whole Kingdom to Cathness no Force opposing him The Scots finding they were not able to resist sent Mediators and humbly craved his Peace and that they might be permitted to compound for their Estates with them to whom they had been given both which the King granted In his Return from the North passing it by as he went he besieged Sterling-Castle which was defended against him and staid all Winter at Dumfermling not far from thence Mat. Westminster says the Great Men of Scotland as well Earls as Barons 8 f. 446. n. 40. 50. Magnates Regni Scotiae tam Comites quam Barones being wholly reduced and overcome submitted themselves to the Will of the King of England who admitted them to his Grace and Mercy imposing upon them a pecuniary Mulct appointing them Days and Years and certain Times for the payment of it This Year on the 9 Ibm. f. 447. N. 30. Pope Boniface thâ— 8th dies 12th of Octob. died with Grief and Anguish of Mind Pope Boniface VIII after he had been 1 Walsing F. 87. N. 20. f. 89. n. 10. Benedict the 11th Chosen accused by the King of France of Heresie Simony and Murder imprisoned and plundered of all his Goods and the Bishop of Ostia was chosen Pope by the Name of Benedict XI After Winter the 2 Ibm. f. 89. N. 40. King went in Person to the Siege of Sterling Castle when it was briskly plyed with Engines yet they within made a good Defence but being very hard pressed by the Besiegers the King being there all the time the Castle was Sterling Castle yielded upon Discretion A. D. 1304. 32 Ed. 1. yielded upon Discretion on St. Magaret's Day or 20th of July the Governor whereof William Olifard who had surprized it was sent to the Tower of London and others to divers Castles The King 3 Ibm. N. 50. John Segrave appointed Guardian of Scotland having thus subdued Scotland according to his Mind returned into England appointing John de Segrave Guardian of it and when he came to York 4 Ibm. The Kings-Bench and Exchequer removed to London removed the Courts of Kings-Bench and Exchequer which had been there seven Years to their old Place at London On the Seventh of July this Year died 5 Mat. West f. 448. lin 7. A. D. 1304. 32 Edw. 1. The Cardinals Nine Months in chusing a Pope Pope Benedict and in nine Months the Cardinals could not agree about the Choice of another at length they unanimously chose the 6 Ibm. f. 451. N. 10. Archbishop of Burdeaux Bertram de Angeous upon Whitsunday the Year following by the Name of Clement the Fifth Toward the latter End of the Year of the Lord 1304. and within three Months after the Beginning of the 33d year of the Reign of the King we find it Recorded upon what Terms the Scots made their Submission after their last Insurrection the Title of the Record is The Terms given to and accepted by John Comyn his Aydants and Assistants were these following in this Form These are the Things agreed on * with Monsieur Richard de Ryleys Placita Parliamentar f. 369. from the French Record there Burgh Earl of Vlster Monsieur Aymer de Valence Seigneur de Montignak Monsieur Henry de Percy Knights and John Benstede Clerk on the Part of King Edward and John Comyn of Badenagh for Himself and his Aydants of Scotland as well those that were out of it as within it For the Faithful Keeping and Observing whereof the said Earl Aymer Henry and John de Benstede in The Terms of Peace given to and accepted by the Scots the Name of the King and the said John Comyn Monsieur Edmund Comyn de Kilbride Monsieur John de Graham Monsieur John de Vaux Monsieur Godfry de Roos Monsieur John de Maxwell the Elder Monsieur Peter de Prendregyst Monsieur Walter de Berkeley de Kerdaau Monsieur Hugh de Erth Monsieur William de Erth Monsieur James de Roos and
Monsieur Walter de Rothevan Knights for themselves and all their Scots assistants who would be in the Peace and Faith of the King were Sworn First It was agreed That all Manner of People of Scotland who came to the Peace of the King with the said John Comyn except the Persons after named should be received to the Conditions following to wit Their Lives and Limbs or Members were saved They were to be Free from Imprisonment and not to be Disherited except for their Ransom or Fine and the Amends for their Faults only committed against the King Secondly Those under Age ought to have the same Conditions as to their Lives Limbs Imprisonment and Disheritance Thirdly For their Ransom and all other Things it should be as the King should order in his next Parlement which was on the Sunday after the Feast of St. Mathew next insuing and the Establishment of Scotland was to be as it should be then ordained Fourthly All the strong Holds now in the King 's or his Friends Hands should Remain so and the Charge of keeping them should be Defrayed out of what belonged to them or in other Convenient manner by those who had the Custody of them or to whom they were Delivered Fifthly The Prisoners on both sides were to be set Free except Monsieur Peter de Morham and his Father Sixthly That the Hostages for the Payment of the Ransoms of Prisoners on both sides should be Released The Persons Excepted were Robert Bishop of Glascow Monsieur James the Steward of Scotland John Soules Monsieur David de Graham Monsieur Alexander de Lindesey Monsieur Simon Fraser Thomas Du Boys and Monsieur William de Waleys concerning whom it was agreed That the Bishop as to his Body and Temporality the Seneschal or Steward and John Soules should have the same Conditions with the Commons That is have their Lives and Limbs safe be free from Imprisonment and not Disinherited but with two Years Banishment out of Scotland beyond the River Trent That the Steward's Castle should be in the King's Possession during his Exile and he to be at the Charge of keeping them Concerning Monsieur David de Graham and Monsieur Alexander de Lindesey it was agreed They should have the same Conditions and be Banished Scotland for half a Year David beyond the River Tweed and Alexander beyond Trent As to Monsieur Simon Fraser and Thomas Du Boys it was agreed also That they should have the same Conditions but be Banished the King's Dominions for three Years and also out of the Dominions of the King of France unless in the mean time they could find Favour and as to William Waleys he was to submit himself wholly to the Mercy of the King Further it was agreed That the Bishops of St. Andrews and Dunkeldin the Earl of Boughan i. e. John Comyn the Seneschal or Steward of Scotland Monsieur John de Soules Monsieur Ingelram de Humfranvill and the other Persons of Scotland which were abroad and the Confederates of John Comyn should come to the King's Peace within Fifteen Days after Easter next every one according to his Quality at Dumfermling to do Homage and swear Fealty And be it known That the foresaid Earl of Vlster Aymer Henry and John Benstede promised in Good Faith to use their best Endeavour with the King to Ratifie in all points this Accord by his Letters Patents so soon as John Comyn and others that should come with him had done their Homage and sworn Fealty in due manner In Witness whereof one Part of the Indenture which was to remain with the King was Sealed by John Comyn Edmund Comyn John de Graham John Vaux and others and the other Part was Sealed by the Earl of Vlster Aymer Henry and John Benstede Dated at Strathord the 9th day of February in the 33d year of the King the Title of the Record is Forma Pacis Scotiae in Adventu Johannis le Comyn aliorum The Form of Peace of Scotland upon the Submission of John Comyn and others In the 8 Ryley's Placit Parliamen f. 240. A. D. 1304. Ed. 1. 33 d. Parlement at Westminster on the Sunday after St. Mathew the Apostle the King enjoined the Bishop of Glascow how it came to be so at this time I find not the Earl of Carrick i. e. Robert Brus and John de Moubray 9 Ibm. f. 243 Three Scots a Bishop Earl and another to agree upon the Number and Quantity of the Scots to come to an English Parlement That they would treat amongst themselves and agree upon a Day and Place for a Parlement to be called concerning the State of the Kingdom and People of Scotland the Number and Quality of the Scots who should come to it and others who should stay in the Kingdom and have the Care of it Their Advice and Agreement 1 Ibm. They agree upon the Number and Quality of those Persons was That the Parlement could not be well assembled before Midsummer and the Place to be where the King pleased That as to the Persons Two Bishops Two Abbots Two Earls Two Barons and Two for the Commons Dieux pur la Commune were a sufficient Number if the King thought so And concerning the Persons that were to take care of the Kingdom they thought the present Guardians and King's Ministers with the Community were sufficient for that 2 Ibm. A. D. 1305. 33 Ed. 1. The King appoints the Time of the Parlement and consents to the Number of Commissioners to be chosen by the Scots which things being Read before the King and Council on the 26th of March the King Answered Willed and Granted Vult Concedit the Day of the Parlement should be three Weeks after Midsummer and that it should be at London That Ten who should be chosen by the whole Community might come to the Parlement for the whole Community of Scotland and that the Keeping of the Nation should be as they had said They three Petitioned the King That those which were Elected to come to this Parlement for the Community might have their Charges and Expences born by them His Answer was 3 Ibm. f. 244. Rex vult c. The King Wills That those Ten who shall be chosen to come Those Commissioners to have their Expences born to the Parlement for the whole Community of Scotland shall have their Expences of that Community c. This Parlement was 4 Ibm. f. 503 Claus 33 Ed. 1. M. 13. Dors in cedula Prorogued from three Weeks after the Feast of St. John Baptist to the Feast of the Assumption of the Virgin Mary or 15th of August and from thence to the Octaves of the Nativity of the same Virgin or 15th of September 5 Ibm. Ibm. f. 279. at which time came the Scots Commissioners chosen by the Commonalty of Scotland * who met for that Purpose at Perth on the Morrow of Ascension the Bishops of St. Andrews and Dunkeldin the
Abbots The Names of those Scots Commissioners of Cowper and Menros the Earl of Bohghan Monsieur John de Moubray Mons Robert de Keth Mons Adam de Gurdan Mons John de Inchemartin Earl Patrick who was chosen by the Commonalty to be the Tenth came not and therefore by Command of the King Monsieur John de Monteith was assigned in his stead 6 Ibm. The Settlement of Scotland by those Commissioners and 20 English These with Twenty English there named Treated about the Establishment of Scotland and settled the King's Lieutenant or Guardian the Chancellor Chamberlain Judges and Sheriffs all by Name as well of those that were born in Scotland as English They likewise settled the Coroners the Castles and Constables of Castles They also ordered all things concerning the Laws and Vsages of Scotland concerning the Peace and Disturbers of the Peace and concerning the whole Government And the Title to this Record is Ordinatio facta per Dominum Regem super stabilitate Terrae Scotiae The Ordinance made by the King for the Establishment oâ— Scotland King Edward thinking himself safe by this Establishment The King accuseth the Arch-Bishop c. of Treason thought he had now a time to speak with the Arch-Bishop of Canterbury 7 Chron. Will. Thorn c. 2004. n. 50 60 c. and Antiqâ— Eccles Britan. from the Annals of St. Augustins in Canterbury f. 207. n. 10 20. whom he accused of a Confederacy with certain Earls and Noblemen to Dethrone him and keep him in Prison and Crown his Son Edward which when he could not deny being severely rebuked by the King he fell down at his Feet with great howling and much weeping beseeching Pardon calling the King his Lord which he never did before â—n Speech or Writing 8 Ibm in both So this Proud Man hated of God and Men who with his Pride had Blackened the Priesthood and Clergy of all England Sacerdotium Clerum per totam Angliam sua superbia deturpavit and Exercised an unheard of Tyranny over the People now taken by the King in his own Wickedness conscious of it and affrighted with the fear of Punishment as he lay prostrate on the Ground before the King committed himself and his Goods to his Mercy The King 9 Rot. Rom. 34 Ed. I. M. 10. Walsingh f. 91. n. 50. Mat. Wâ—stm f. 454. n. 10. A. D. 1306. The King prosecutes him before the Pope who suspends him c. Complains of him to the Pope and prosecutes him before him for disturbing the Peace of the Kingdom and causing often Commotions in it defending and incouraging Rebels and intending to Disinherit him for which Crimes at the Instance of the King he was cited by the Pope to his Court and was there suspended from the Execution of his Office ab executione officii sui temporalium atque spiritualium administratione suspensus est whilst he should purge himself of what was objected to him by the King Upon this Suspension the 1 Rot. Rom. 34 Ed. I. M. 5. n. 9. Pope deputed certain Persons to administer the Spiritualities and Temporalities of the Archbishoprick and receive the Profits to his Use As to the last the King 2 Ibm. The same Letter dated at Brudele in Marchiâ— Scotiae Sept. 7. The King would not permit the Pope to re-appoint Receivers of his Temporalities during the Suspension of the Arch-Bishop wrote to him it was to the manifest prejudice of his Crown and Dignity and therefore he had caused them to be seised as he might lawfully and was bound to do by his Royal Right and according to the Custom of the Kingdom Yet tho' the Profits of the Temporalities belonged to the Crown during the Suspension for the particular Affection he had to his Person he was willing and granted that the Guardian thereof should pay them to such as he should assign to receive them Not long after the last Parlement and the Establishment of Scotland made therein and agreed unto by the Scots Commissioners the King made these his Letters Patents according to the former Covenants and Agreements made between Richard Earl of Vlster Aymer de Valence Henry de Percy John Benstede and John Comyn c. in February preceding EDward by the Grace of God King of England Lord of Ireland Râ—yley's Placita Parliam f. 366. Letters Patents for the Establishment of Scotland and Duke of Aquitain to all those that shall see or hear these Letters Greeting For the perpetual Memory of things under-written we let you understand That the People of Scotland after they were in our Homage and Ligeance and bound to us by Oath of Fealty and by their Charts or Writings as strongly as we or our Councel knew how â—â— order and direct by evil Counsel rose and made War against us committing Robberies Burnings Murders Felonies and many other Evils and Mischiefs according to their Power in Scotland and in England contrary to their Homages Fealties and Ligeances aforesaid And afterwards many of them returned to our Faith and Obedience and were received to our Peace and Will and at last John Comyn Lord of Badenagh and the others of his Party came also and were received a nostre pees a nostre foi to our Peace and Faith so as for their Ransoms and Amends for their Trespasses and Outrages only against us and for the Establishment of Scotland esteuessent a nostre ordinance a nostre volunte they should be at our Ordinance and Pleasure We notwithstanding these Contempts Trespasses Outrages and Disobediences of the People of Scotland towards us have been so great and heavy as there cannot sufficient Amends or due Satisfaction be made for them at any time as they themselves acknowledge tho we cannot suffer such Crimes to pass without some Punishment yet seeing those People have behaved themselves well and loyally since our last being in those Parts and for the Hopes we have of their good Behaviour and Service for the future willing to do them special Grace Have granted and do grant their Lives and Limbs shall be safe and that they shall be free from Imprisonment and not Disinherited saving to us always the Lands Tenements and Lordships the Demeasns and Appartenances of the Royalty of Scotland which John Baliol late King thereof gave away and alienated to do our Pleasure with them And we Pardon and Release to the People aforesaid that have submitted and received our Peace and our Faith the Crimes committed against us the Anger Rancour and all manner of ill Will we any ways had against them so as they shall be bound to pay what is ordered by us and our Council solonc nostre dit dictum nostre pronunciacion que sensuent en cest form according to our Decree and Determination which follow in this Form First We Order and Decree that John Comyn and the others The Articles of that Establishment with him which shall come to our Peace and
Faith upon the Covenants granted them Qui ove lui vindrent a nostre pees a nostre foi par mi les covenances qui leur feurent grantez shall pay for their Ransom paent pur Ranzon amends des trespas par eux faitz c. and Amends of the Crimes by them committed Three years value of their Lands and Rents toward the building of new Castles in Scotland for security of the Nation and preserving the Peace or to other Vses as we shall think fit And we Pardon the said John Comyn and David Graham their Exiles and remaining out of Scotland according to the * * The Covenants made with John Comyn Covenants aforesaid Further 't is Ordained by us and our Council That the People of Scotland which submitted to us before John de Baliol shall pay only the Rents of Two years of their Lands except those that can shew themselves acquitted by our special Grant or Deed. The same Order and Decree was made concerning Adam de Gourdon and Simon de Fraser Kt. Further we Decree and Determine That the Bishops Abbats Priors and the Clergy of the Kingdom of Scotland except the Bishop of Glasco shall pay for their Ransom and their Crimes the value of their Rents and Lands for one year except those that can shew by special Deed or other manner they ought to be discharged The Bishop of Glasco was to be upon the same Terms with John Comyn in all respects and also as to his Banishment which was remitted Further That Ingelram de Umfrevil because he made his Submission but a little while before these Letters were granted should pay Five years value c. And that William de Baliol and John Wychard should pay for the same Reason Four years Rent Further That Hugh de Adrossan John de Gourley John de Naper and John de Makilgoigny who were of the Retinue of the said William Ingelram and John should pay Three years value Further For the time and manner of payment of these Compositions or Fines the King's Lieutenant and Chamberlain of Scotland should make a reasonable and just Extent of the Lands of the Offenders according to the present value of the Lands and according to that Extent the Composition or Fine was to be levied and paid every year at the usual time of Payment half the value and so from year to year till the whole was paid and the other half of their Lands and Rents should remain to them for their support and maintenance And 't is to be known That our Will is not that this Determination should extend to and be understood of such Persons of the Scots as were Prisoners upon this Occasion nor of such as have not submitted to our Peace or Faith In Witness whereof we have caused these our Letters Patents to be sealed at Westminster the 15th of October in the 33d of our Reign The Title of this Patent is Forma pacis Scotiae The Form of Peace of Scotland William Waleys could not be mentioned in this Record having William Walers taken Hang'd Drawn and Quartered been taken about the Feast of the Assumption of the Virgin Mary or 15th of August two months before the Date of it and brought to London where on the Eve of St. Bartholomew he was Condemned to be Hanged Drawn and Quartered his Head to be fixed upon a Pole on London-Bridge and his four Quarters to be sent into Scotland and set up in four parts of the Kingdom Notwithstanding this Establishment the Agreement and Forms A. D. 1306. 34 Ed. I. 5 Mat. West f. 453. n. 10 20 30. The Scots Bishops Noblemen and others Perjured twice or thrice They Conspire against gainst King Edward and set up Robert Brus. John Comyn Murthered because he would not be Perjured A. D. 1306. 34 Ed. I. of Peace by Consent of the Scots and their Commissioners when the King expected nothing but Peace and fair Compliance 5 in January following the same Scots that had twice or thrice done Homage and sworn Fealty to King Edward and the Bishops themselves that had Sworn Faith and Truth to him as heartily as other Men joined with Robert Brus Earl of Carrick in setting up his Title and especially the Bishops of St. Andrews and Glasco and Abbat of Schone who were the great Contrivers of his Design and Assistants in it and begun a War more troublesom and lasting then any before and because John Comyn was very resolute in keeping his Oath and would not join with them being a Man of great Power and Interest in Scotland and much pressed to do it by Robert Brus he with his Followers killed him in the Church of the Friers Minors of Dunfres on the 29th of January and upon the Annunciation of the Blessed Virgin next following he was Crowned at Scone in the presence of the Two Bishops the Abbat and many other Earls Barons and Knights In Easter 6 Ib. f. 454. n. 10. The Pope Absolves the King from his Oath concerning the Perambulations of the Forests Week ensuing the Pope's Bull was published absolving the King from the Oath of Deforesting or laying out of his Forests such Lands as were or ought not truly to be contained in them and abolishing and punishing all Ill Practices and Vsages Tricks and Deceits of his Officers within and belonging to them Excommunicating such as observed it and absolving such as broke it In the Historians it appears not what use he made of this Absolution but in a Writ or Letters upon the 7 34 Ed. I. M. 13 14. The King troubled at the Actions of his Officers Statute Roll with the Ordinance he then made Dated May 28. he Expressed himself much troubled in Mind for the Clamours of the People who as he there says were much oppressed impoverished and injured by the Officers of his Forests and therefore desiring to obviate these Oppressions and Grievances which he could not pass by without great Scandal or Offence Quae absque gravi scandalo diutius sub dissimulatione praeteririe non possumus and to provide for the Peace and Tranquillity of the Kingdom he Emitted the foresaid Ordinance of the Forest Dated May 28. in the 34th year of his Reign Printed in Totel's Magna Charta 1556. Part. 2. p. 67. a. but with this Writ or these Letters which were 8 Ib. Rot. Stat. 34 Ed. I. M. 13 14. sent into every County in England with Command to the Sheriffs to cause them to be read and the Ordinance contained in them to be proclaimed in full County The King being fully informed of the Insurrection and Proceedings of Robert Brus and his Confederates 9 Mat. West f. 454. n. 30 40 50. and f. 455. The King sends an Army into Scotland sent Aymer de Valentia Earl of Pembroke Robert Clifford and Henry Percy into Scotland with a good Force against the new Crowned King and the King intending to follow them summoned his Army to Rendezvous at
2. A. D. 1317. Two Cardinals sent to make Peace between Engl. and Scotland Cardinals into England Ganselin by the Title of the Saints Marcellin and Peter Priest Cardinal and Lucas by the Title of St. Mary in the Broad-way Deacon Cardinal 9 to make Peace between the Two Kingdoms of England and Scotland and reconcile the Earl of Lancaster to the King 1 c. 59 4. D. 50 and the King and E. or Lanc. Sir Tho. de la Moor says they were made Friends in a Plain near Leicester and that they embraced and kissed each other 2 f. 110. n. 20. Walsingham says Peace was made between them upon certain Conditions and that not long after the King unjustly brake them They 3 Wals f. 109. n. 50. f. 111. n. 40. d la Moor ut supra They Excommunicate Rob. Brus and put Scotland under Interdict both say these Cardinals brought with them the Pope's Bulls by which they Excommunicated Robert Brus and put the Kingdom of Scotland under Interdict for their Defection from and Disobedience to the King of England unless he and they submited to him This Year 4 Ibm. de la Moor says Robert Brus manfully and by force took Berwick killing none that would yield 5 f. 111. n 50. A. D. 1318. Walsingham reports it was betrayed by the Governour Peter Spalding and sold to the Scots to the great Disturbance of the King Neither King nor Kingdom of Scotland valued much this Excommunication Neither Rob. Brus nor the Kingdom of Scotland valued the Excommunication or Interdict and Interdict or at least Robert Brus's Friends or those of his Party never considered or regarded it for in the 11th of this King the Year following he summoned a Parlement to meet on the morrow of Holy Trinity at Lincoln 6 Rot. Claus 11 Ed. II. M. 3. Dors The Scots invade England which he revoked for this reason That his Enemies and Rebels the Scots had invaded England and come into Yorkshire commiting many Murders Plundering Wasting and Burning the Country so as he resolved suddenly to march against them with an Army to restrain their Incursions and bring them to a Submission and therefore the Parlement not to meet According to this Resolution in Autumn this year 7 De la Moor f. 595. l. 1 c. The King besieged Berwick the King marched with a great Army to besiege Berwick the Scots on the other side of the Country invaded England spoiling wasting and burning as far as York 8 Ibm. and Walsingh Hist f. 112. n. 20 30. A Truce with the Scots for Two years which caused the King to raise the Siege of Berwick and consented to a Truce for Two years In the Twelfth of this King the Earl of Lancaster Governed and Directed all things 9 Append. n. 61. To him certain Prelates Earls and Barons by the Will of the King and Assent of many Great Men of the Realm and others of the King's Council being then at Northampton went to Discourse and Treat about the Honour and Profit of the King and Realm and it was agreed between them That Bishops Earls and Barons should remain with him to Advise him in such Matters as concerned him until his next Parlement and concerning this and other Matters an Indenture was made in the Form following This 1 Ibm. The Indenture of Agreement between the King the Earl of Lancaster and other Great Men. Indenture Witnesseth That the Honourable Fathers the Arch-Bishop of Dublin the Bishops of Ely Norwich and Chichester the Earls of Pembroke and Arundel Monsieur Roger de Mortimer Monsieur John Somery Sir Bartholomew de Badlesmere Monsieur Ralph Basset and Monsieur John Botetourt by the Will and Assent of the King have Discoursed with the Earl of Lancaster concerning the things touching the Profit of himself and the Realm in the Form following To wit That the Bishops of Norwich Chichester Ely Salisbury St. Davids Carlisle Hereford and Worcester the Earls of Pembroke Richmond Hereford and Arundel Sir Hugh de Courteny Sir Roger de Mortimer Sir John de Segrave Sir John de Grey and one of the Banerets of the Earl of Lancaster which he shall Name should remain with the King for one quarter of a year until the next Parlement and that Two Bishops One Earl One Baron and One Baneret of the Earl of Lancaster's at least should always be with him and that all considerable Matters that might or ought to be done out of Parlement should be done by their Assent otherwise to be void and amended in Parlement by the Award of the Peers and such as should remain with the King Quarterly shall be chosen and assigned out of them and others in Parlement to Act and Advise the King as aforesaid And the abovesaid Prelates Earls and Barons by the Will and Assent of the King undertook That he should Release and Acquit the Earl of Lancaster ses gentz ses meignees his People Followers or Retinue or as now those of his Party of all manner of Felonies and Trespasses against the Peace until the day of St. James this year and that the Charters of Release and Acquittance should be plain and absolute without Condition and if better Security for them might be found at the next Parlement they should have it and there Confirmed by the King and his Baronage And the Earl of Lancaster granted That he would make Releases and Acquittances to all those that on behalf of the King should demand them of Trespasses done to his Person as soon as the things aforesaid should be Confirmed nor that he would bring Suit of Felony against any one from the time they had his Letters saving to him all Plaints Actions and Suits which he had against the Earl of Warren and all those that were assenting and aiding to the Felonies and Trespasses which the Earl had committed against him against the King's Peace And that the Ordinances be kept and observed as they are under the King 's Great Seal And that these things abovesaid should be performed and kept in all Points The Honourable Fathers in God the Arch-Bishops of Canterbury and Dublin the Bishops of Norwich Ely Chichester Salisbury Chester or Litchfield Hereford and Worcester the Earls Marshal Edmond his Brother the Earls of Richmond Hereford Ulster Arondel and Anegos Sir Roger de Mortimer Sir John de Somery Sir John de Hastings Sir John de Segrave Sir Henry de Beaumont Sir Hugh le Dispenser le fuiz Sir John de Grey Sir Richard de Grey Sir Bartholomew de Badlesmere Sir Robert de Mohant Sir Ralph Bassel Sir Walter de Norwich have undertaken by the Will and Assent of the King In Witness whereof the Prelates Earls and Barons aforesaid have put their Seals to one part of this Indenture and the Earl of Lancaster hath put his Seal to the other Written at Leek whether in Staffordshire Warwickshire or Yorkshire it appears not the 9th day of
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
enter to Honour God and his Saints Hugh after these Mischiefs you advised the King to give unto the false Traitor the Earl of Winchester Andrew Harkley and self Lands properly belonging to the Crown in Disherision thereof 6 Ibm. Col. 2549. n. 10 20. Hugh whereas the Queen and her Son passed beyond Sea by the King's Command to save the Country of Guyen in point to be lost by your Traiterous Counsel you sent over a great Sum of Money to some of your wicked Adherents to destroy the Queen and her Son qest Droit heir del Realm who is Right Heir of the Kingdom and to hinder their coming over 7 Ibm. Hugh your Father Robert Baldock and self and other false Traitors your Adherents taking upon you Royal Power made great and small by force to swear to and assure you to maintain you in your false Quarrels or Pretences en vouz faux Quereles not having regard that such Confederacies were False and Traiterous against Legience and the State of the King and his Crown 8 Ibm. n. 30 40. And forasmuch as you Hugh and other Traitors knew that the Queen and her Son were arrived in the Nation by your Evil Counsel you caused the King to withdraw himself and go from them and carried him out of the Kingdom to the Danger of his Body and Dishonour to him and his People feloniously taking with you the Treasure of the Realm contrary to the Great Charter Hugh 9 Ibm. The Judgment upon H. le Despenser the Son you are found Traitor wherefore all the good People of the Kingdom Great and Small Rich and Poor by Common Assent do Award That you are found as a Thief and therefore shall be Hanged and are found as a Traitor and therefore shall be Drawn and Quartered and for that you have been Outlawed by the King and by Common Assent and returned to the Court without Warrant you shall be Beheaded vous serrez decollez and for that you abetted and procured Discord between the King and Queen and others of the Realm you shall be Embowelled and your Bowels burnt 1 Ibm. n. 50. Withdraw Traitor Tyrant and so go take your Judgment attainted wicked Traitor He was at this time Earl of Glocester and I see no Trial by Common Jury or his Peers and the Attaint was only this Speech made against and most what was objected to him had been Pardoned by Act of Parlement Et sic 2 Ibm. His Executioc statim morte plexus est Octavo Kalendarum Decembris And so he was presently put to Death on the 8th of the Kalends of December or 24th of November The Earl of Lancaster made no great haste with his Prisoner the King to Kenelworth for in 13 Days time he was got no further from Monmouth than Lidbury in Herefordshire at which Place the 3 Append. n. 71. Writ for Proroguing a Parlement that was pretended to have been Summoned by the King to meet 15 Days after St. Andrew was Dated the 3d of December Teste Rege apud Lidbury tertio die Decembris 20 Ed. II. Witness the King at Lidbury the A Parlement to be holden by the Queen and her Son if the King not in England Prorogued to the morrow of Twelfth-day The King knew nothing of the Writ of Prorogation dated Decemb 3. 3d of December The Writ for this Parlement which was to meet 15 Days after St. Andrew I believe can no where be found which was to be holden by Isabel Queen-Consort of England and Edward his Eldest Son Guardian of England he then being out of the Kingdom as 't is said in the Writ Dated the 3d of December c. for Proroguing that Parlement to the morrow of Epiphany or Twelfth-Day To be holden by him if Personally present or in his absence by his said Consort and Son But the miserable King knew nothing of this Summons Dated at Lidbury on the 3d of December with his Teste for the Great Seal was that Day in the keeping of the Bishop of Norwich at Wodstock and the next Day delivered to Roger Mortimer and the Duke of Aquitan i. e. Edward the King's Son at the same Place as it most certainly appears by the Record in the Appendix The Parlement met according to the Prorogation 4 Hist Sacr. vol. 1. f. 367. The first thing moved in it was Whether the Father or Son should be King n. 70. The Parlement as 't is called met crastino Epiphaniae or 7th of January The first thing moved by the Bishop of 4 Hereford and many other Bishops joining with him was Whether King Edward the Father or his Son Edward should Reign over them They were not long before they Agreed the Son should have the Government of the Kingdom and be Crowned King 5 Append. n. 72. It was carried for the Son The Reasons why he was deposed for the Causes following 1. First For that the Person of the King was not sufficient to Govern for in all his time he was Led and Governed by others who gave him Evil Counsel to the Dishonour of himself and Destruction of Holy Church and all his People not considering or knowing whether it was Good or Evil nor would remedy these things when he was requested by the Great and Wise Men of his Realm or suffer them to be amended 2. Also In all his time he would not give himself to Good Counsel nor take it nor to the Good Government of his Kingdom but always gave himself to Works and Employments not Convenient neglecting the Business of his Realm 3. Also For want of Good Government he lost the Kingdom of Scotland and other Lands and Dominions in Gascoigne and Ireland which his Father left him in Peace and Amity with the King of France and many other Great Persons 4. Also By his Pride and Cruelty he destroyed Holy Church and the Persons of Holy Church putting some in Prison and others in Distress and also put to shameful Death and Imprisoned Banished and Disherited many Great and Noble Men of the Land 5. Also Whereas he was bound by his Oath to do Right to all he would not do it for his own Profit and the Covetousness of him and his Evil Counsellors which were with him neither regarded the other Points of the Oath which he made at his Coronation as he was obliged 6. Also He abandoned his Realm and did as much as he could to destroy it and his People and what is worse by his Cruelty and the Default of his Person he is found incorrigible without hopes of Amendment All which things are so notorious they cannot be gainsaid These Articles were Conceived and Dictated by John Stratford 6 Author Decemb col 2765. n. 40. Commissioners sent to the King at Kenelworth-Castle Bishop of Winchester and Treasurer of England and written by William Mees Clerc his Secretary and a Publick Notary Having Approved the Articles they were by Comune Agreement 7
Hugh Robert and Edmond Earl of Arundel did counsel him were it never so great Wrong During which Vsurpation by Duresse and Force against the Will of the Commons they purchased Lands as well by Fines levied in the Court of the said King Edward as otherwise And whereas after the death of the said Earl of Lancaster and of other Great Men our Sovereign Lord the King that now is and Dame Isabel Queen of England his Mother by the King's Will and Common Counsel of the Realm went over into France to Treat a Peace between the Two Realms of England and France upon certain Debates then moved the said Hugh and Hugh Robert and Edmond Earl of Arundel continuing their Mischief encouraged the said King Edward against our Sovereign Lord the King that now is his Son and the said Queen his Wife and by the Royal Power which they had to them encroached as afore is said procured so much Grievance by the Assent of the said King Edward to our Sovereign Lord the King that now is and the Queen his Mother then being beyond Sea that they remained as forsaken of the said King Edward and as exiled from this Realm of England Wherefore it was necessary for our Sovereign Lord the King that now is and the Queen his Mother being in so great Jeopardy of themselves in a strange Country and seeing the Destruction Damage Oppressions and Disherisons which were notoriously done in the Realm of England upon Holy Church Prelates Earls Barons and other Great Men and the Communalty by the said Hugh and Hugh and Robert Earl of Arundel by the encroaching of such Royal Power to them to take as good Counsel therein as they might And seeing they might not remedy the same unless they came into England with an Army of Men of War and by the Grace of God with such Puissance and with the help of Great Men and the Commons of the Realm they have vanquished and destroyed the said Hugh and Hugh Robert and Edmond Wherefore our Sovereign Lord King Edward that now is at his Parlement holden at Westminster at the time of his Coronation on the morrow after Candlemas in the First Year of his Reign upon certain Petitions and Requests made to him in the said Parlement upon such Articles above rehearsed by the Common Counsel of the Prelates Earls Barons and other Great Men and by the Communalty of the Realm there being by his Commandment hath Provided Ordained and Established in Form following First That no Great Man nor other of what Estate Dignity or Condition he be that came with the said King that now is and with the Queen his Mother into the Realm of England nor none other then dwelling in England that came with the said King that now is and the Queen in Aid of them to pursue their said Enemies in which Pursuit the King his Father was taken and put in Ward and yet remaineth in Ward shall not be Impeached Molested nor Grieved in Person nor in Goods in the King's Court nor other Court for the Pursuit of the said King taking and with-holding of his Body nor Pursuit of any other nor taking of their Persons Goods nor Death of any Man or any other things perpetrate or committed in the said Pursuit from the Day that the said King and Queen did arrive till the Day of the Coronation of the same King What follows in this Statute is not much to our purpose Those concerned in the Conspiracy against and Design upon the King thought them well covered by this Preamble and themselves well secured by this First Chapter After the end of this Parlement there were 3 Rot. Claus 1 Ed. III. M. 16. Dors The Scots refuse to treat of a Peace They break the Truce with England Commissioners sent to the Borders of Scotland to Treat of Peace but the Scots refused to Treat with them and not only so but brake the Truce which had been made with King Edward II. raised an Army and invaded England 4 Wals f. 127. n. 40. They make their escape from Stanhop-Park The Young King and his Mother raised an Army and with the Stipendiary Strangers marched against them and had almost inclosed them in Stanhop-Park in the Bishoprick of Durham yet in the Night they escaped and got into their own Country but threatned to return again Wherefore for the Defence of the Kingdom and other Matters there was a Parlement called to meet on the morrow of Holy Cross or 15th of September at Lincoln The 5 Rot. Claus ut supra Writ in which most of this Relation is contained bears Date at Stanhop Aug. 7. The English and Haynalters quarrel In their March towards the Scots the Haynalters Domineering over the English they Quarrelled at York where many were killed and the most English whether for fear of the English or 6 Knighton col 2551. n. 50. Wals ut supra The Haynalters c leave England for what other Reason the Haynalters and other Foreigners 7 Ibm. c. 2552. n. 40. left England not long after well Rewarded with Gold and Silver by the Queen and Mortimer and others of their Faction What was done in this Parlement I find not This Year there was another 8 Rot. Claus 1 Ed. III. M. 3. Dors Summoned to meet at York on the next Sunday after the Purification of the Virgin Mary to Treat of certain Articles propounded and declared between the Two Nations at Newcastle but nothing was done at this Parlement the Bishops and other Great Men not appearing and therefore as is expressed in the Writ 9 Rot. Claus 2 Ed. III. M. 31. Dors A Parlement at Northampton Dated March 5. next following he called another Parlement to meet three Weeks after Easter at Northampton In this Parlement 1 In A. D. 1327. A shameful Peace made with the Scots says Murymuth and Walsingham from him facta fuit turpis Pax inter Anglos Scotos there was made a shameful Peace between the English and Scots by the Direction and Contrivance of the Queen and Roger Mortimer by which David Son and Heir to Robert Brus King of Scotland was to Marry Joan King Edward ' s Sister both Children And he was also to release all his Right and Claim of Superiority that he and his Progenitors had in the Kingdom of Scotland and to deliver up all Charters and Instruments concerning the same Some great Matters having hapned after this Parlement that required great Advice there was a 2 Rot. Claus Ed. III. M. 15. Dors A Parlement at Salisbury Writ issued Aug. 28. for another to meet at Salisbury on the Sunday next after the Quinden of St. Michael In this Parlement 3 Wals f. 129. n. 10. Three new Earls made in this Parlement there were made 3 Wals f. 129. n. 10. Three new Earls made in this Parlement three Earls Iohn of Eitham the King's Brother Earl of Cornwal Roger Mortimer Earl
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
1 Ibm. Commission of the same Date John Duke of Brabant the Earl of Hanaw and Gueldres the Marquiss of Juliers and Sir William Dunork Lord of Onstrehout were added to them The Stiles of the Commissions were different in one 't is Philippus de Valoys Consanguineus noster Franciae Philip of Valoys our Kinsman of France without other addition In the other 't is Excellentissimus Princeps Dominus Philippus Rex Franciae Illustris Consanguineus noster Charissimus Most Excellent Prince the Lord Philip King of France our Illustrious most dear Cousin At Antwerp there was a Congress of the Confederates with King At a Congress of the Confederates Edward where on the 22d of July he revoked 2 Pat. apud Antwerp 12 Ed. III. M. 3. 7. The Commissions to treat were revoked the Power he had given the Commissioners abovesaid to Treat with Philip de Valois as King of France From thence the 3 Froys lib. 1. c. 32. K. Edw. made Vicar-General of the Empire Marquiss of Juliers was sent to the Emperor who obtained a Promise from him To make King Edward Vicar-General of the Empire 4 Ibm. c. 34. which was done accordingly and the Emperor commanded all People and Subjects of the Empire to obey the King of England his Vicar as himself and do him Homage In the 13th of his Reign at the Request of the Cardinals 5 Pat. Concess homin Angl. Vascon 13 Ed. III. M. 17. Another Treaty appointed without effect John Arch-Bishop of Canterbury Richard Bishop of Durham Henry Bishop of Lincoln the Earls of Derby Salisbury and Suffolk with others had on the 1st of July Authority to Treat with Philip de Valois or his Deputies upon the Dignities Honours Rights and Lands belonging to King Edward and all other Differences whatever The French Commissioners were the Arch-Bishop of Rouen the Bishops of Langres and Beavais the Place at Arras but without effect Having made this Progress toward a War with France for the obtaining that Kingdom 6 Wals f. 136. n. 50. See there the whole Letter and in Rob. Avesbury p. 83. b. K Edw. writes to the Pope and sets forth his Title to the Crown of France by Right of Succession he wrote to the Pope setting forth his Title to it That the Crown belonged to him by lawful Right of Succession as being Grandchild to Philip the Fair by his Mother Queen Isabel and tho' as he grants she could not Inherit by the Constitution of France yet when all the Sons of Philip were dead without Issue Male Charles the Fair being the last he claimed it as the nearest Male to his Grandfather and having the Right of Succession before Philip of Valois being Son to Charles Earl of Valois his Grandfather's Brother and affirmed That his Mother's Disability to take the Crown could not nor ought not to barr him of his Right This Letter bears Date at Antwerp July 16. 1339. in A. D. 1339. 13th Year of his Reign The Pope in 7 Wals f. 140. n. 20. The Pope's Answer to K. Edward s Letter answer to this Letter reprehends him for joining with Lewis of Bavaria the Emperor and receiving from him the Office of Vicar-General of the Empire seeing by his Predecessor Pope John XXII he had been Excommunicated and deprived of all Dignity and Honour who also had exercised the Power of the Apostolic Sword against all his Adherents who shewed him any Favour and gave him any Help or Advice or called or acknowledged him Roman King or Emperor declaring them Favourers of Hereticks Then persuading him to Peace and pretending great Affection to him advised him to hearken to the Cardinals that loved him sincerely and wished him Prosperity and in making Peace would propound nothing but what was pleasing to God and acceptable to the People This notwithstanding King Edward after he had been at Antwerp He entred France with an Army above a Year on the 19th of September 1339. saith Avesbury in October says Walsingham 8 entred France with a great 1 Ibm. f. 143. n. 30 40 50. Aves p. 86. b. Burns wastes and destroys the Country Army and burnt wasted and destroyed Cambresis or the Territory of Cambray and the Country of Vermundois and such as resisted him were put to the Sword 9 Ibm. Puts all that resisted him to the Sword The King of France marched towards him with a vast Army but when he came to Fighting he retreated for Fear The Pope hearing of this 1 Wals 144. n. 10 20. The Pope offers his Mediation for a Peace attributes the cause of not Fighting to Providence and an Act of Divine Clemency for the sparing of Christian Blood and after many Remarks upon it and the War beseeched the King for the Lord's sake and by the Mercy of God to think of Peace and in the mean time to consent to a Truce in order to a Peace and if the Cardinals by what they should propound could not effect it he offered his own amicable Mediation for a happy End and Composure of all Differences The King's Answers to the 2 Ibm. f. 145. 10 20 c. K. Edward's Answer to the Pope's offer of a Mediation Pope were his most humble Thanks for offering his Mediation and the Care and Affection he had for his Sons and that he should pursue his wholesom Advice but that Philip unjustly usurped the Crown of France lawfully devolved upon him after the Death of his Vnkle Charles the last King thereof That he had seized on Aquitan and excited the Scots to Rebell against him and therefore he intended not to neglect his Hereditary Rights but should endeavour to recover them by the Help of God and although that Kingdom had been demanded for him before the Cardinals who had earnestly and laudably laboured in the Business of Peace yet he could not obtain a reasonable Answer nor know what he would do or offer and that after many Treaties he would not hearken to Reason On the 3 Claus 13 Ed. III. Part. 2. M. 28. Dors A Parlement summoned 25th of August not long before King Edward's Inroad into France the Duke of Cornwal Guardian of England in his Name issued Writs for a Parlement to meet 15 Days after Michaelmass 4 Rot. Parl. 13 Ed. III. Part. 1. n. 4. The King sent to them an Account of his Affairs in France To which Parlement came the Arch-Bishop of Canterbury the Bishop of Durham and Monsieur William de la Pole from the King then in France to shew the Lords and Commons what he had done beyond Sea and his Condition there and the Mischief that had befaln him and those with him by reason he was not supplied from England At the same time came Letters to the Earl of Huntington and to the Prussia Merchants That the King was in France near St. Quintins with an Army of 15000 Men and more so as it was hoped with the Ayd of God
to the Prior and Convent against him which he desired might be read Which was done by order of the Prior and the Contents of them published in the English Tongue Against and makes his Defence which the Arch-Bishop in every Point defended his Innocence and then admonished the People to pray for the King Queen and their Children and to those that should do so devoutly and also pray for the State of Holy Church being penitent and sorry for their Sins he granted Forty Days Indulgence from Purgatory And the next Day being the Chair of St. Peter at Antioch or the 22d of that Month 9 Ibm. the Abbot of St. Augustines in Canterbury to whom and his Convent the like Letters had been sent published The Abbot of S. Augustines published them to the Disadvantage of the A. Bp. them to the People expounding them in Hatred to the Arch-Bishop in odium Archiepiscopi that so the People might have an ill Opinion of him The very same Complaints against this Arch-Bishop the King 1 Rot. Rom. 14 Ed. III. M. 4. The King sent to the Pope to remove him out of the Kingdom sent to the Pope tho' in somewhat smoother Language in some parts of the Epistle and requests he might be by him removed out of the Kingdom for preserving the Peace of it and preventing other Dangers that might be feared to ensue if he staid there Dat. apud Langele 14 die Martii The Arch-Bishop wrote an Answer to the King's Letter which bears this Title 2 Hist Sacr. vol. â— f. 27. The A. Bp.'s Answer to the King's Letter which he cal's a famous Libel Excusatio Archiepiscopi ad famosum Libellum The Excuse or Answer of the Arch-Bishop to the slanderous Libel addressing himself by way of Preface to the King telling him There were two things by which the World was Governed the Holy Pontifical Authority and the Royal Ordained Power of which the Charge of the Priests was the greatest and highest inasmuch as they were in the last Judgment to give an account of Kings Wherefore he ought to know that they depend upon the Judgment of Priests who might not be directed by their Wills for who could doubt but Christ's Priests were to be thought the Fathers and Masters of Kings Princes and all faithful People 3 Ibm. Reverendo Domino suo Edwardo Dei gratia c. Duo sunt quibus principaliter regitur iste Mundus Sacra Pontificalis Autoritas Regalis Ordinata Potestas in quibus est pondus tanto gravius sublimus Sacerdotum quanto de Regibus illi in divino reddituri sunt examine rationem Et ideo scire debet Regia celsitudo ex illorum vos dependere judicio non illos ad vestram posse dirigi voluntatem Quis enim dubitat Sacerdotes Christi Regum Principum omniumque fidelium Patres Magistros censeri And he proceeds to inform him that many Bishops had 4 Ibm. f. 28. Excommunicated Kings and Emperors and also to inform him what Good Kings were to do and how to behave themselves toward Bishops and what Reverence Honour and Respect was due to them And he complains that the Honour due to him in regard of his Dignity and as he was his Father was turned into Disgrace Devotion into Reviling and Reverence into Contempt sed proh dolor c. Honor nobis exhibendus conversus est in Opprobium Devotio in Blasphemiam Reverentia in Contemptum whilst his Epistles sealed with the Royal Seal but more truly slanderous Libels 5 Ibm. dum Epistolas vestras Regio sigillo Signatas quin verius Libellos famosos dictated and written by his Enemies containing many Crimes falsly imputed to him were sent to the Bishops of his Province Deans Abbots Priors their Convents and Chapters to be published to his and would to God not to the injury of him too in nostram utinam non in divinam injuriam By which unthought of that he might not say detestable Fact Royal Power presumed to Judge the Lord God in his Servants and Priests and he seemed to condemn him his Spiritual Father and greatest Peer of the Land against the Order of God Human Law and natural Reason not called not convicted by Record and unheard to the Danger of his Soul and as an ill Example to the manifest Prejudice of all the Peers of England At last making great Profession of his Affection to him and the great Services he had done him he comes to his Answer here following That 6 Ibm. f. 29. whereas he accused him That when the Kingdom of France was devolved to him by Right of Succession he importuned him to make a League with the Almain to recover his Rights and was only to find expert Soldiers and he would find Money which failing you were you say forced to contract great Debts upon Usury 7 Ibm. To this he said That in the beginning of his Government when he was Bishop of Winchester it was known by whose Counsel he was Governed That when the Kingdom had devolved to him by Hereditary Right and so judged in the Parlement at Northampton the two Bishops of * Adam Orlâ—ton Worcester Coventry and Litchfield were sent into France to Claim that Kingdom in your Name and to hinder the Coronation of Philip de Valois which Embassie was the greatest occasion of the War We at that time were not employed in any of your Affairs but were hated at Court for what cause God knows Afterwards when it pleased your Majesty to call me with others of your Privy Council to transact the Publick Affairs we considering the Danger of Mens Souls Bodies and Goods by a devouring War endeavoured with all our Power to make Peace between the Two Kingdoms but 8 Ibm. f. 30. after all Endeavours for Peace proved insuccessful and Philip had made War upon you then in a Parlement at Westminster called for that Purpose seeing the Obstinacy of Philip it was agreed you should League with the Germans or Almains and others As for the Payment of the Expences of this War there were Agreements made with certain Merchants in a Council at Stamford which are to be found in Chancery which if observed together with other Subsidies granted both by Clergy and Laity and the great Customs of Wooll not only in our own but in the Opinion of all the Council had been sufficient for the whole War if well managed 9 Ibm. And your Majesty knows well that these Agreements were not broken or changed by us nor did the Subsidies come to our hands because after your first Passage we staid not in this Kingdom but with the Reverend Fathers the Cardinals and Bishop of Durham went into France to treat of Peace often going backward and forward from and to your self then in Brabant and afterward when there was no hopes of Peace staid some time with you there and were made Partakers of your Necessities and with
who reported That after the King had begun the War with France by Assent of the Prelates Great Men and Commons par Assent des Prelatz Grantz Comunes to conquer his Rights and Inheritance there he many times passed the Sea with his Host and in his last Passage had harassed the greatest part of the Dutchy of Bretagne and by God's Assistance had taken Towns Castles and Forts At last he came to the City of Vannes which by Advice of the Great Men with him he besieged where he was desired by the Pope for the Reverence of God and Holy Church he might send Two Cardinals with Terms of Peace or a Truce until a Peace might be treated of and concluded The King perceiving the Truce to be Honourable and Advantageous for him and his Friends or Allies assented to it that during the continuance thereof a Treaty of Peace might be had before the Pope as a Mediator and Friend but not as a Judge or one to whom the matter was compromitted come meen amy noun pas come juge ne recompromissair which Peace if Good and Honourable the King would accept if not he would pursue his Quarrel And he said further That because the War was begun by the Common Assent of the Prelates Great Men and Commons the King would not treat of or make Peace without their Common Assent Wherefore the Prelates and Great Men were charged furent chargez to Assemble on Thursday the First of May Joedy le primer jour de May to treat advise and agree among themselves whether the King ought to send Envoys to the Court of Rome to propound his Rights before the Pope or not And in the same manner the Knights of Counties and Commons were charged furent chargez les Chivalers des Countees Comunes to assemble in the Painted Chamber to treat c. and to report their Answer and Agreement in Parlement the same Day de reporter lour respons lour assent en dit Parlement le dit Joedy On which Day the Prelates and Great Men answered Their Advice was That the Truce was Honourable and Advantageous to the King and all his Friends and that every Christian ought to wish the War which was so great and hurtful to all Christians might end in Peace Wherefore they agreed to the Truce and that the King should send Messengers to Rome to lay before the Pope as Mediator and Friend but not as Judge his Rights and Demands in order to a Treaty of Peace according to the Form of the Truce And then the Knights of Counties came and the Commons puis vindrent les Chivalers des Countees les Comunes and answered by Monsieur William Trussel in the White Chamber who in the Presence of the King Prelates and Great Men qi en presence de nostre Seignieur le Roy des Prelatz Grantz proposed for the Knights and Commons purposa pur les Chivalers les Comunes that they were fully agreed the Truce should be kept to the end a good and honourable Peace might be made And further the said Commons les ditz Comunes prayed the King to send solemn Envoys or Messengers to treat of Peace as abovesaid and in case he could have an Honourable and advantageous Peace for himself and Friends he would accept it but if not the said Commons les ditz Comunes granted to aid and assist him and to maintain his Quarrel with all their Power granteront de luy aidez a meyntenir sa querele ove tote lour poair Several Commissions 5 Rot. Fran. 17 Ed. III. M. 12. 20 Maii ib. 19 Aug. n. 6. ib. 18 Ed. III. M. 3. 4 Aug. ib. M. 2 Octob. 20. were made to Commissioners to treat Commissioners sent to the Pope before the Pope as a private Person and not as a Judge with the Commissioners of his Cousin Philip of Valois upon all Dominions Dignities Honours Lands Possessions Places and Rights concerning which there was any Controversie or Dissention between them and also concerning the Right he had or might have to the Crown and Kingdom of France and generally about all Dissentions Wars Quarrels Commotions Questions Damages Injuries done given or made on either side c. In the Cotton Library 6 Clâ—opatra Edw. III. f. 28. in the bottom The Pope offers Equivalents to the English Commissioners They refuse to treat of any thing but the Crown and Kingdom of France there is a Treaty as it was managed at Avignion before the Pope day by day from the 22d of October to the 29th of November by William Bateman Bishop of Norwich John Offord Dean of Lincoln the Arch-Deacon of Norwich Sir Hugh Nevill Knight and Nicholas de Flisco The Pope offered many Equivalents to the English for the Dukedom of Guien c. to treat about what had been attempted against the Truce and by whose means it had been broken But they would not enter upon the Treaty of any other Matter until they were satisfied in their Demand of the Kingdom and Crown of France for King Edward By the last Commission there 7 Rot. Fran. Ed III. M. 2. 18 Octob. 20. were Two other Commissioners added to the former John de Thoresby and Sir Ralph Spigurnel Knight who appeared in the Pope's Court on the Feast of St. Catherine or 25th of November before himself and delivered the King's Letters to him and he appointed the next day at the time of Vespers to hear them When Mr. John Thoresby acquainted him that Sir Ralph and he had Commissions and were sent by the King for two things for reformation of what had been attempted against the Truce and also that they might assist the other Commissioners in the Treaty The Pope appointed them to come before him the 28th Day but not being then at leisure he appointed the next Day when they understanding from the Commissioners of the King's Adversary That he should have nothing in the Kingdom of France but in subjection to him they resolved to treat no more before they knew the King's Mind Whereupon the Pope told them he would send Sir Hugh Nevill to him with his Letters and likewise Sir Simon de Buyssy to the King of France And so stood the Treaty at that time on the 29th of November 1344. and 18th of Edward III. During the Treaty the French King put to death at Paris Oliver de Clisson and many other Barons and Lords of Bretagne and Normandy says Froissard 8 lib. 1. c. 99 for suspicion of Treason Du Chesne says 9 â— 660. A. B. they held secret Intelligence and private Correspondency and made a League with King Edward under their Seals contrary to the Ninth Article of the Truce which was That none in the Obedience of one King at the time of Truce should put himself under the Obedience of the other while it continued The Treaty hitherto having been without Success 1 Claus 18 Ed. III Part 1. M. 14 Dors A.
D. 1334. the Writs for a Parlement King on the 20th of April issued his Writs for a Parlement to meet on Monday next after the Octaves of Holy Trinity or 7th of June that Year The next Day the Names of the Lords were read and examined 2 Rot. Parl. 18 Ed. III â— 5. before the King in Parlement item soient les nouns des Seigneurs c. to see who were come who not and the Names of those who were not come were given to the King in Writing that he might order such Punishment as The absent Lords to be punished at the King's Pleasure The cause of Summons declared he pleased pour ordainer lieu punissement come lui plerra On Thursday the Chancellor declared the Causes of Summons to be concerning the Truce made in Bretagne and the Breach thereof in seven Articles and begins 3 Ibm. n. 6. thus Seigneurs en les Trewes prises accordez affermez par serement en Bretaigne entre autres pointz c. Lords in the Truce made agreed and confirmed by Oath in Bretagne amongst other Articles it was agreed 1. That the Truce should be kept in Bretagne between the Kings and their Adherents entre les Rois lour Adherantz notwithstanding the Right they both claimed in the Dutchy 2. Also That none who were under the Obedience of one of the Kings en obedience dun des Rois should come under the Obedience of the other King del autre Roi during the Truce 3. That there be no renewing of Injuries against one part or other in prejudice of the Truce while it continues 4. Also That the said Lords their Adjutors and Coadjutors and Allies whatever they be do remain in such Possession and such Seisin as then they had of all their Benefices Lands and Possessions des toux lour benefitz terres possessions which they held or had any ways obtained during the Truce 5. Also That what was promised to the Earl of Montfort before and within the City of Vannes might be performed 6. Also If any one in Gascoigne or otherwhere continuing the Truce move War against their Neighbour or Enemy who shall be in the Interest of either Party then the said Kings ought not to meddle in it by themselves or others directly or indirectly que le ditz Rois ne se devient mellez par eux ne par autre droitement ne noun droitement 7. That to none of either Party shall any Gift or Promise be made directly or indirectly to make War during the Truce And against these Articles several things have been done 4 Ibm. Things done against the Truce as the King's Council have been informed par ascunes de Bretaigne by some of Bretagne First That some of the Allies of him that calls himself the King of France have taken and imprisoned many Men at Arms of the Allies of our King and some they sent into France to remain in Prison there during the Pleasure of the King's Adversary Also the said Adversary caused many Knights Esquires and other Persons of Bretagne Chevaliers Esquiers autres gentz who were known to be in the Legiance and Obedience of our King before the Truce made and were comprised in it and ought to have been protected by it to be carried to Paris and there put to death against the Assent and Decree of the Members and others of his Counsel in his Parlement and some he caused to be murdered in their own Country falsly and maliciously against the said Truce and against his Oath And the said Adversary sent Men at Arms and Foot to a great number into Gascoigne and Bretagne who after the Truce made took Castles Towns Mannoros and Fortlets and seized Lands and Possessions being in the Possession and Obedience of our King esteantz en la possession en obedience de nostre Seigneur le Roi at the time of the Truce made in which amongst other things it is contained That no new thing should be attempted during the Truce es queâ—oc entre autres choses est contenuez que rien serroit attemptez de novell durantes mesmes les Trewes And further 5 the said Adversary endeavours by all ways he can or knows to take and seize all the Lands and Possessions which our King hath beyond Sea and to procure his Allies in Brabant Flanders and Almain or Germany to leave him and hath a firm purpose as our King and Council have certainly been informed or have understood to destroy the English Language and to possess England which God forbid if a forcible Remedy be not applied to his Malice si est il inferme propos a ce que nostre Seigneur le Roi son conseil ont intenduz en certeyn a destruire la Lange Englois c. On the other side dautre part the 6 Ibm. Scots who are the said Adversaries Allies have openly declared That when he gives them notice they will not observe or regard the Truce but march into England and do what Mischief they can Wherefore the King 7 Ibm. prays and charges pur quoi nostre Seigneur le Roi pria chargea les Prelates c. the Prelates Earls Barons and Commons That these things considered they would give him such Advice and Assistance as was necessary for the saving his and their own Rights and Honour Which things being 8 Ibm. n. 7. recited by the Arch-Bishop les Prelates Counts Barons les autres des Commons prierent c. the Prelates Earls Barons and others of the Commons pray That they may deliberate till Monday next following And from that Monday 9 Ibm. n. 8. because they had not then fully deliberated they pray till Wednesday the Vigil or Eve of St. John Baptist upon which day the Arch-Bishop and Ten other Bishops Five Abbots Two Priors Eight Earls Six Barons all there named and the Commons of the Realm assembled in the White Chamber les Commons du Roialme assemblez en la Chambre blanche c. in the presence of the King having regard to the great Mischiefs and Dangers which may come to the King and all his Subjects and Allies if the Malice of his Adversary was not stopt and considering the great Charges which the Great Men and the Commons of England had been at and suffered by reason of the War continuing so long by false Truces and Sufferances and seeing openly that an end of the War or so good a Peace The Parlement prays the King to make an end of the War by Battel or Peace as ought to be cannot be made without great force of Men and great Power they pray the King with one Assent and every particular Person of the Great Men for himself si prierent touz dun assent chescune singulere persone de Grantz a par lui c. that he would make an end of the War either by Battel or by a convenient Peace if it might
of France to make certain Requests King Edward sends to the King of France to make good what was agreed by the Peace of Bretigny to him about the accomplishment and a full effectual Dispatch of the things agreed promised and sworn to upon the Peace made between them and especially that he would cause to be delivered and rendered intirely to him or his Deputies all the Cities Towns Castles Fortresses Lands Countries Isles and Places which he was bound to deliver according to the Peace aforesaid and further to Receive the Letters of him and his Eldest Son which should be sent and delivered at Bruges in Flanders on the Day of St. Andrew next coming as well those of the Renunciations Cessions Releases and Transports as of other things that ought to be performed according to the Peace under their great Seals in Manner and Form agreed between them c. This Commission was Dated on the 15th of November 1361 and * Rot. Franc. 35 Ed. III. M. 3. 35th of Edward the Third but whether the Commissioners went according to the Commission or what was done upon it I have not seen This year there was a great Plague in England which swept away many of the Nobility and Bishops and amongst the rest Henry Duke of Lancaster 7 Dugd. Bar. Vol. 1. f. 789. A great Plague in England on the 24th of March or last day of the year a Person of great Worth in all respects On the 19th of July the year following the Prince of Wales was made 8 Rot. Vascon 36 Ed. III. M. 16. A. D. 1362. The Prince of Wales made Prince of Aquitan Homage and Fealty done to him by the Noblemen He kept his Court at Burdeaux Prince of Aquitan and had all Guien and Gascogne given him during Life the Direct Dominion Superiority and last Resort of those Countreys reserved to his Father Not long after this the Prince his Princess and Family removed into Aquitan where having received the Homages and Fealties of the Noblemen and others he kept his Court at Bourdeaux in great State and Splendor He made Sir John Chandos his Constable of Aquitan and Guischard d'Angle a Native of France but by the Peace of Bretigny a Subject of England his Marshall who continued faithful This year * Walsingh f. 179. n. 10. Pope Innocent dies An Englishman chosen Pope died Pope Innocent the Sixth in August to whom succeeded Gillerin an Englishman and Benedictin Abbat by the Name of Vrban the Fifth who was Consecrated on the First of November King Edward was very kind to Four of the chief of the French Hostages 9 Froys c. 218. f. 113. 6. A. D. 1363. Great Liberty given to four French Hostages The Duke of Anjou made his Escape the Dukes of Orleans Anjou Berry and Burbon who gave them Leave to go over to Calais and stay there for some time and to go about into the Country for 4 days at any time so as they always returned to Calais before Sun-set on the last day of the four The Duke of Anjou upon this Liberty made his Escape the others returned with the King of Cyprus into England Toward the 1 Ibm. c. 219. The King of France comes into England end of this year King John of France came for England and landed at Dover the day before the Eve of Epiphany or 4th of January upon the 2 Mezeray f. 382. News he received of the Escape of his Son the Duke of Anjou to repair his Honour and shew he had no Hand in that Act and to dispose King Edward to the Expedition of the Holy War he having accepted the Command of Generalissimo by the Preaching and Perswasion of His Errand Pope Vrban the Fifth After he had been Nobly Treated here by the King and Nobility 3 Ib. f. 383. A. D. 1364. He falls sick and dies there he fell sick at the Savoy in London about Mid-March and died on the 8th or 9th of April following for whom the King of England made a Magnificent Funeral but his Body was carried into France and interred at St. Denis upon the 7th of May and upon Trinity Sunday next following His Son Charles Crowned King his Eldest Son Charles the Regent of France and Duke of Normandy was Crowned King at Rhemes This year the King held a Parlement 15 days after Michaelmass A Tax granted to the King Rot. Parl. 36 Ed. III. n. 35. wherein * was granted unto him of every Sack of Wooll Transported 20 s. of every 300 Woollfells 20 s. of every Last of Leather 40 s. besides the Ancient Custom Notwithstanding the Peace of Bretigny wherein 4 Mezeray â—ol 384. War in Bretagne between Blois and Montfort were not comprehended the Naverrois and Dukedom of Bretagne the War continued there Charles of Blois having been assisted by the French and John de Montfort by the English After many Skirmishes Sieges and the Battels of Cocherel and Auvray in which last Charles of Blois lost his Life and then by a Treaty at Guerrand a Peace was concluded 5 Ibm. f. 385. A. D. 1364. Froyâ— c. 229. f. 125. a. A Peace between them upon these Terms That Montfort should enjoy the Dutchy upon Condition of doing Homage and Fealty for it to the King of France That the Widow of Charles should enjoy the Title of Dutchess during her Life and in case Montfort died without Heirs the Dutchy to remain to the Heirs of Charles of Bloys About the same time or not long after there was Peace 6 Ibm. f. 125. b. between France and Navarre when many Soldiers and Companions knew not what to do 7 Ibm. A Peace between France and Navarre The Companions waste the Country They refuse to serve against the Turk Froysard says most of the Captains of the Companions who horribly wasted and plundered the Country were Englishmen and Gascons under the Obedience of the King of England and that the King of Hungary wrote to the Pope the King of France and Prince of Wales that those People might be employed in his Service against the Turks who offered them Gold Silver and Passage but they would not quit France which they called their Chamber Yet within a year or two the Pope and King of France found an Opportunity to employ these Companions they so much feared 8 Ib. f. 126. Mâ—zâ—r f. 386. An Expedient to imploy them Alphonso XI King of Castile had by his Wife a Son called Peter and by another Woman had several natural Sons or Bastards the Eldest whereof was was Henry Peter had the Name Peter the Cruel King of Castile an Enemy to the Church Henry the Bastard Legitimated by the Pope made King of Cruel and Wicked from his Actions of the same Denomination and was reputed a great Enemy to the Church whereupon great Complaints were made to the Pope who upon Summons refusing to come to Avignion was by Advice of
of the Dukedom without delay during the Truce all but 200 Men to guard the Towns and Places the Duke held there The Two Kings to have 9 Ibm. Commissioners at Bruges on the 15th of September next coming to Treat of Peace The residue of the Articles are of less moment These were confirmed by John King of Castile and Leon Duke of Lancaster with Protestation That the Title of King of France given to King Charles Adversary to his Father nor the Title of King of Castile given to Henry his Adversary might in no manner prejudice either of them or their Titles In Winter the 48th of Edward III. the 1 Rot. Fran. 48 Ed. III. M. 6. Earl of Cambridge and Duke of Bretagne were made the King's Lieutenants in France but went not till the next 2 Claus 49 Ed III. M 46. Spring for whose good Success Publick Prayers were appointed to be made In this Expedition 3 Froys cap. 313. there went with the Earl and Duke several Noblemen and Persons of Quality and in a short time he recovered many of his Towns in Bretagne and had laid siege to the Town of Campelly when Sir Nicholas Carswell and Sir Walter Vrswick were sent to him by the Duke of Lancaster to quit the Siege and give over that War as being included in the Truce made at Bruges On the 28th of December next following the Truce 4 Claus 49 Ed. III. M. 6. Dors Summons to Parlement Writs of Summons were sent forth for a Parlement to meet on the 12th of February Afterwards before it met by Writs Dated 5 Ibm. M 4. Dors the 20th of January the King thought fit to Prorogue it duximus prorogandum to the Monday after the Feast of St. George but it sate not till the next Day when the Prelates Dukes Earls Barons and other Great Men and Commons Justices Serjeants of the Law and others assembled in the Painted Chamber before the King 6 Rot. Parl. 50 Ed. III. n. 2. A quel Lendemain s'assemblerent les Prelates Ducs Contes Barons les autres Grantz Comunes Justices Sergeantz de Ley autres en la Chambre de Peynte And there Sir John Knivet declared the Causes of holding the Parlement which were three 1. The First and Principal was To advise about the Good Government The cause of Summons and Peace of the Realm of England 2. The Second For the Defence and Safety of the Kingdom as well by Sea as Land 3. The Third To take Order for the Maintenance of the War with France and otherwhere and how and in what manner it might be done for the best Profit quickest Dispatch and greatest Honour of the King and Kingdom And then told them expresly That what the King always had done was by their good Counsel Comfort and Assistance tout dys par lour bons Conseilx Confortes Aides for which the King The Lords advise by themselves and the Commons by themselves entirely thanked them and desired they would diligently advise about these Matters the Prelates and Lords by themselves and the Commons by their selves and give their Good Answer lour bone Responce as soon as they well could The Commons 7 Ibm. n. 8. A Committee of Lords assigned by Parlement to go to the Commons c. went to their ancient Place the Chapter-House of the Abbey of Westminster and the Prelates and Lords went by themselves and there were assigned in Parlement fuerent assignez in Parlement the Bishops of London Norwich Carlisle and St. Davids the Earls of March Warwick Stafford and Suffolk They agree about the Grant of a Subsidy the Lord Percy Sir Guy de Bryan Sir Henry Lescrop and Sir Richard de Stafford to go to the Commons and assist them in Treating and Conferring upon the things before declared They agreed upon the Grant of a Subsidy which begins as followeth Les Seigneurs Coes 8 Ib. n. 9. assemblez en cest present Parlement eantz consideration The Lords and Commons assembled in Parlement having Consideration of the very great Charges and Expences the King hath and must be at for the maintaining of his Wars his Noble Estate and otherwise granted him the Subsidy of Of Wooll c. Wooll Leather and Woollfells as it was granted him in the Parlement holden at Westminster in the 47th of his Reign from the Feast of St. Michael next coming when the Subsidy then granted ended to the end of three years and the Commons humbly pray the King to be excused That they gave him no other Subsidy or Ayd for his Wars for that they were brought so low and so disabled by the Pestilence the Murrain among their Beasts and destruction of their Grain and other Fruits that they could not do otherwise at present but promised if any extraordinary Case should happen they would Ayd him to the utmost of their Power as they had done before beyond all the Commons of the World to their Liege Lord. After this the Commons considering 9 Ib. n. 10. the Mischiefs of the Land do shew unto the King and Lords of Parlement That it would be for the Honour and Profit of the King and the whole Land which is grieved in divers manners by many Adversities as well by the Wars of France Spain Ireland Guyen Britain and other-where so that the Officers about the King without The Commons pray Ten or twelve Persons may be added to the King's Council c. other assistance were not sufficient for so great Busines wherefore they pray the King's Council may be inforced or augmented with Lords Prelates and others to the number of Ten or Twelve who should be continually with the King so as no great business should pass without their Assent and Advice nor small Matters without the Advice and Assent of Six or Four of them at least as the Case required The which Request the King understanding 1 Ibm. The King grants their Prayer upon Condition it was honourable and very profitable to him and the whole Realm granted provided always that the Chancellor Treasurer and Privy Seal and all other the King's Officers might execute their Offices without the presence of any the said Counsellors which the King was to assign from time to time of such as he pleased who were to be Sworn to keep this Ordinance and to do Right to every one according to their Power without receiving any Reward for so doing That none of 2 Ib. n. 11. The King's Officers not to receive Gifts c. the King's Officers should receive any Gifts Fees or Rewards other then their Salaries Liveries and Travelling Charges The Commons make Protestation 3 Ib. n. 15. The Commons ready to ayd the King with Body and Goods Complain of Evil Counsellors and Officers That they were and always have been and will be ready to Ayd the King with their Bodies and Goods to the utmost of their Power but they
Grands by their great Devotion and Gifts to Holy Church were in peaceable possession to give the Churches and Benefices as Holy King Edward gave the Bishoprick of Worcester to St. Wulstan and afterward by Devotion of the Kings it was granted and by the Court of Rome confirmed That the Cathedral Churches should have free Election of their Prelates so as the Bishopricks by true Election and other Benefices of Holy Church were given Charitably not out of Covetousness or by Simony to the most Worthy of the Clergy of Strictest Lives and holy Conversation that could be found such as would reside upon their Benefices Preach Visit and Confess their Parishioners and spend the Goods of Holy Church to the Honour of God and in Works of Charity according to the Devotion and Intent of the Donors And so long as these good Customs were used the Kingdom was prosperous the People good and Loyal there was Peace and Quiet and sufficient of Treasure Grain Cattle and other Riches but since these good Customs have been perverted Covetousness and Simony advanced the Kingdom hath been full of Adversities le Roialme ad este plien des diverses adversitez as Wars Pestilence Famine Murrein amongst Cattle and other Grievances whereby the Kingdom was so much empoverished and destoyed that there were not the Third part of the People or other Things in it for the Cause abovesaid and what follows Also it is to be thought on That no Man in the World who loved God Holy Church the King and Kingdom of England but had great Reason to think Sorrowfully of things and Weep That the Court of Rome that was wont to be the Fountain Root and Source of Sanctity and Destruction of Covetousness Simony and other Sins had so craftily by little and little more and more in process of time gained the Collations of Bishopricks Dignities Prebendaries and other Benefices of Holy Church in England of which the Pope always received the Tax or First Fruits and by his Bulls made several Translations that he might get the more by which Means and by other Payments and Charges the Bishops became so much in Debt to the Court of Rome that they sold the Timber of their Bishopricks had Ayd of their Poor Tenants and the Clergy and all Methods were taken to destroy the Church and Realm of England Also it ought to be thought on That there are many that when they have purchased one Benefice of the Court of Rome and payed the Tax or First-fruits and the Brokers of Benefices residing in the Wicked City of Avinion en la pechere use Cite D'Avenon they let them to Farm and send the Rents to their Brokers to purchase more and greater Benefices even as a Caitif or miserable Person not worth or good for any thing by Simony or Brokage shall be preferred to Churches and Prebendaries to the Value of 1000 Marcs whereas a Doctor of Decrees and a Master in Divinity must be satisfied with a small Benefice of 20 Marcs So as Clercs lose all their Hopes of being advanced as such And for the same cause People forbear to put their Children to School so as the Clergy fails which is the Support of the Church and our Holy Faith declines and comes to nothing Also it ought to be thought on That Strangers Enemies to this Land and others beyond Sea have Benefices Riches and Rents of Holy Church in England which never saw or will see their Parishioners whereby the Service of God and Holy Church and all Works of Charity are neglected the Parishioners like to suffer in Body and Soul their only care being to get the Profits of their Benefices out of the Kingdom And so it is that Holy Church is more destroyed by such wicked Christians than by Turks and Saracens Also it is to be thought on That the Law of Holy Church is such that the Benefices of Holy Church ought to be given freely out of pure Charity without Price or Prayer without the Gift of Gold Silver or any thing else And that Law and Reason will that what is given by Devotion to Holy Church ought to be spent to the Honour of God according to the Devotion and Intent of the Donour and not out of the Realm upon their Enemies Also it is to be considered That God committed his Sheep to the Pope to Pasture and not to Shear them and that the Lay Patrons followed these Examples and sold their Churches as God was sold to the Jews who put him to Death Wherefore they desired the King would please to observe this was the 50th Year of his Reign which was called the Year of Jubilee the Year of Grace and Joy and it would be the greatest Grace and Joy that ever happened to this Kingdom and the most pleasing to God and Holy Church and all those that love them if the things above-said were laid to heart and agreeable Remedy provided for them And then propounded the King and Great Men should write to the Pope as had been before ordered in Parlement The King's Answer was That he had ordained sufficient Remedy before by Statutes and otherwise that he was then applying to and pressing the Pope concerning this matter and was fully resolved to do it from time to time until he had performed their Desires as well concerning the things comprised in this large Bill next foregoing as that which was to follow which was very near the same The Title of this Bill in the Todding or in the Margin of the Parlement-Roll is Bill encontre le Pape le Cardinaux The Bill against the Pope and Cardinals and the other which follows this on the Roll and was almost the same had this Title The Bill and Articles against the Pope and Clergy Billes Articles encontre le Pape le Clergy To both which the King answered as above It is worth notice That though the Second Bill was near the same with the First yet in that the Commons informed the King 9 Rot. Parl. 50 Ed. III. n. 45. 104. there were several Spies who resided in London who had their Spies and Informers in all parts of the Kingdom that gave them notice when any Dignities or great Benefices were void that they might send to the Cardinals and other Persons residing in the Court of Rome to purchase them of the Pope Seeing in these Complaints there hath been so often mention made of Provisions and Reservations for the better understanding thereof here follows the Translation of one of them according to the true Form John Bishop 1 Append. n. 101. the Servant of the Servants of God to the future Memory of the thing Whereas we have understood That the Church of Rochester by the Death of Thomas * Thomas de Windham he died the last of Feb. 1316. See Gâ—dwin Bishop thereof is at present void We for the good Estate of that Church intending the Provision of it for this Turn for certain Causes that have persuaded us
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
Vsage of the Welch Fol. 7 A The Earldom of Poictou comes to him by his Queen Fol. 8 A He gives up his Right in Normandy Fol. 1b B His Summons to the several Counties Cities and Burghs Fol. 10 A He demands a Subsidy and injoins the Form of it Fol. 1b E F He undertakes the Croysado and forbids the sending the Money collected for it to the Pope Fol. 11 C D His Answer to the Pope's Letter Fol. 12 A His Son Prince Edward born in Wales Fol. 13 F He goes into France and stays there 3 years Fol. 14 E He punishes his Justices at his return for Bribery Fol. 1b F He demands Margaret Grand-daughter to Alexander III. King of Scotland for his Son Fol. 15 A His Concessions to the Scots for promoting the Match Fol. 16 F He appoints a Lieutenant in Scotland for Queen Margaret Fol. 17 C He Claims the Crown of Scotland on Queen Margaret's Death Fol. 18 A His Title Fol. 19 A He receives and restores the Guardianship of Scotland Fol. 22 F The Scots Swear Fealty to him Fol. 23 A His Sentence against Ten of the Competitors Fol. 27 E F He Adjudges the Right to John Baliol Fol. 28 D He grants him Possession and receives his Fealty Fol. 29 A D His Protestation to the Scots Petition Fol. 30 E He hears and grants the King of Scots Plea Fol. 32 He is Defied by the King of Scotland Fol. 34 D He Beats the Scots to a Submission Fol. 36 A He sends their King to the Tower and appoints them a Governour Fol. 38 A The Peace between him and the French broken Fol. 1b C His Alliance with the Emperor Fol. 1b F He shuts up the Barns and Granaries of the Clergy for refusing him a Subsidy Fol. 40 E His Alliance with the Earl of Flanders Fol. 42 A His Son Prince Edward to Confirm it when at Age Fol. 43 A He is angry with the Clergy Fol. 45 A His Pilgrimage to Walsingham in Norfolk Fol. 44 D His Writs to restore the Clergy that complied Fol. 46 And against Spreaders of False News and Publishers of Excommunications Fol. 47 57 His Orders for fitting out his Fleet Fol. 51 E All of 20 1. per Annum to provide to go with him Fol. 52 A His Summons to his whole Military Service Fol. 1b Several Lords refuse their Duty and Service Fol. 53 E His Grant of a general Protection to the Clergy Fol. 54 A His Vnwarrantable Ways to Raise Money Fol. 1b F His Declaration concerning such as refused their Duty and Service Fol. 55 They present him their Grievances Fol. 57 D He goes into Flanders and Promises Remedy at his Return Fol. 58 D He confirms the great Charter Fol. 59 F 64 65 A Truce between him and King Philip Fol. 60 C c. The Names of his Allies and Confederates Fol. 1b D He overthrows the Scots at Falkirk Fol. 64 B His Marriage with the French King's Sister Margaret Fol. 67 B He grants the Statute of Articles upon the Charters Fol. 68 B His march into Scotland with an Army Fol. 70 D His Answer to the Pope's Claim of the Kingdom of Scotland Fol. 71 C His Title to Scotland sent to the Pope with an Account of their Perfidiousness Fol. 73 C He grants a Truce to the Scots and returns into England Fol. 74 A His Messengers to the Pope Fol. 75 F He concludes a Peace with France Fol. 77 A B He accuses the Arch-Bishop of Canterbury of Treason Fol. 81 B His Ordinances for the Security of Scotland Fol. 85 F He Banishes Piers Gaveston Fol. 92 A His Death Fol. 1b D His Wives and Issue Fol. 98 99 Prince Edward Eldest Son to Edward I. made Guardian of England Fol. 59 A Is Contracted to Isabel Daughter to the French King Fol. 65 E Is made Prince of Wales and Earl of Chester Fol. 73 F Is Knighted with 300 more Fol. 84 F His Familiarity with Piers Gaveston displeased the King Fol. 92 A II. began his Reign Fol. 100 B His Marriage and Coronation and Favours to Gaveston Fol. 101 A Ordinances for the Government of his Houshold Fol. 102 103 His Confirmation of them Fol. 110 E He recalled Gaveston Fol. 112 E He appoints Commissioners to Correct the Ordinances Fol. 113 E He goes to Newcastle with Gaveston Fol. 114 F His Request to the Lords to spare Gaveston refused Fol. 115 D He Prohibits his Lords coming to him Armed Fol. 116 F He makes a Peace with them Fol. 117 D He is overthrown by the Scots Fol. 120 B His Promise to observe the Ordinances Fol. 121 E He Summons his whole Military Service against the Scots Fol. 122 A His good will towards the Earl of Lancaster Fol. 1b C His Indenture of Agreement with him Fol. 124 C He allowed the Lords Petition Fol. 125 F He Pardoned the Earl of Lancaster and his Followers Fol. 126 B And the Lords that Acted without Law against the Spencers Fol. 133 D He besieged Leeds Castle and takes it Fol. 134 A He revoked the Spencer's Banishment and marched with an Army against the Lords Fol. 1b D He made a Truce with the Scots for 15 years Fol. 147 A He excused his Homage to the French King and made a Truce Fol. 1b B C He quits Aquitain and Ponthieu to his Son Prince Edward Fol. 149 A His Message to his Queen and Son to return into England Fol. 150 151 His Queen's Behaviour towards him Fol. 152 A He writ to the Pope about the Affair of his Queen Fol. 1b F He Proclaims Mortimer a Traytor but without effect Fol. 154 F 155 B He retired into Wales Fol. 157 B He sent the Great Seal to the Queen and Prince Fol. 159 A He is carried Prisoner to Kenelworth Fol. 161 A He is Deposed and for what Reasons Fol. 1b E F His Resignation to his Son Prince Edward Fol. 163 C Is Inhumanely Treated and Murdered Fol. 164 C D E His Issue Fol. 181 C Prince Edward Eldest Son to Edward II. contracted to the Earl of Haynault's Daughter Fol. 154 D Is made Guardian of the Kingdom Fol. 158 F III. is declared King Fol. 161 D His unwillingness to accept the Crown Fol. 163 B His Affairs Managed by his Mother and Mortimer Fol. 182 C 186 A He Pardoned those that came over with the Queen Fol. 1b He sent Mortimer and his Adherents to the Tower Fol. 186 B He Tryed and Executed several of his Father's Murderers Fol. 190 191 The Reward he gave for taking Mortimer Fol. 191 D E He Propounds to his Parlement the Business of France and Ireland Fol. 1b F The Advice he received Fol. 192 A B 194 B C He assisted Edward Baliol to recover the Crown of Scotland Fol. 1b F He received his Homage and Fealty Fol. 195 A B And 2000 1. per Annum for Assistance Fol. 196 A B He besieged Berwick and beat the Scots Fol. 1b F He concludes a Peace with them Fol. 197 A He is advised to
claim the Crown of France Fol. 198 E F The Alliances he made in order to it Fol. 199 He appoints Commissioners to Treat of his Right Fol. 200 B He Constitutes the Duke of Lorrain Vice-Roy of France Fol. 1b C He is made Vicar-general of the Empire Fol. 201 D His Title to the Crown of France Fol. 1b F He enters the French Dominions Fol. 202 C He acquaints his Parlement with it and demands an Ayd Fol. 203 A His Debt to his Allies Fol. 204 C An Ayd granted to clear it and the Commons Request to him Fol. 1b D E His great Victory over the French Fleet Fol. 205 C His Letter to his Parlement for more Money which was granted Fol. 206 A E He Besieged Tournay and Challenged Philip of Valois Fol. 207 A B He concludes a Truce Fol. 208 B C At his return into England he sent several of his Council to Prison Fol. 209 E He is reproved by the Arch-Bishop of Canterbury Fol. 210 D His Letter concerning the Arch-Bishop and his Crimes Fol. 212 E His Letter answered and called a Libel by the Arch-Bishop Fol. 215 B His Reply to the Arch-Bishop's Defence Fol. 218 B He presses for further Supplies Fol. 219 D His Answer to the Statutes and Conditions Fol. 220 A His Revocation of them confirmed in Parlement Fol. 222 C He refused the Emperor's Mediation for a Peace Fol. 223 E F He received the Homage of John Earl of Montfort for the Dukedom of Bretagne Fol. 224 E He Married his Daughter to the Duke's Son Fol. 225 E He enters Bretagne with an Army Fol. 226 A He agrees to a Truce with France for 3 years Fol. Ib. D He acquaints his Parlement with it and their Agreement to it Fol. 227 228 He appoints Commissioners to Treat of Peace without effect Fol. 229 A His Parlement prays an end of the War and grant an Ayd Fol. 231 E He again sent Defiance to Philip of Valois Fol. 232 C He Complains to the Pope against him and the Pope's Answer Fol. Ib. E F 233 C The Success of his Arms in Gascoigny Fol. 235 E He and his Son Prince Edward land in Normandy Fol. 236 A His great Successes there Fol. Ib. B c. His Victory over the French at Cressy and the Number slain Fol. 237 B c. His Answer to the Commons Petition in Parlement Fol. 240 A He beats the French Army and takes Calais Fol. 242 C D His Vsage of the Calesians Fol. Ib. E 243 A He agrees to a Truce Fol. 243 B The Number of his Army and their Pay Fol. Ib. C He refused the Offer of the Empire Fol. 255 F He prevents the betraying of Calais Fol. 246 D His Vsage of the French Prisoners Fol. Ib. E He Institutes the Order of the Garter Fol. 247 His Title to France set forth in Parlement Fol. 248 E He offered Terms of Peace to the French Fol. 252 His readiness to Remedy his Subject's Grievances Fol. 250 251 His Agreement to Peace refused by the French Fol. 253 A B 261 D His Expedition into France Fol. 254 F His Army wast and destroy the French Country Fol. 262 A He concludes a Peace with France Fol. Ib. C D The Articles of the Peace Fol. 263 c. He sent his Commissioners to take possession of what was granted him by the Peace Fol. 278 F Some French Lords refuse to become his Subjects but are forced to it Fol. 281 His Kindness to the French Hostages Fol. 283 A He assumed the Title of King of France by the Advice of his Parlement Fol. 287 E His Offer to such as would Maintain his Title Fol. 288 B His Letter of Indemnity sent into Aquitain Fol. Ib. D His Voyage into France unfortunate Fol. 293 A B He sent Assistance to his Son Prince Edward Fol. 289 C His Answer to the Commons Petition Fol. 292 A His Fleet beaten nigh Rochell Fol. Ib. D His Town in Aquitain Revolt Fol. 297 D He agreed to a Truce with the French King Fol. 298 A His Answer to the Commons and Londoners Petitions Fol. 302 303 305 306 His Death Fol. 308 B His Issue by Queen Phillippa Fol. 323 Prince Edward Eldest Son to Edward III. made Guardian of England Fol. 204 F His great Victory over the French at Cressy Fol. 237 C He prevents the betraying of Calais Fol. 246 C His Expedition into France and his Success Fol. 255 E His Victory over the French at Poicters Fol. 257 His Civilities to King John and his Son Philip Fol. 258 A He is made Prince of Aquitain Fol. 282 E He ayds the King of Castile and restores him Fol. 284 C His Illness and return to Aquitain Fol. Ib. D His Necessities for want of Money Fol. 285 A The Complaint of the French Nobility against him Fol. Ib. B His Answer to the French King's Summons Fol. Ib. D He taketh Limoges by Storm Fol. 290 A He returns ill into England Fol. Ib. B His Death Fol. 302 C Ellys William impeached for Extortion Fol. 302 B England's Superiority over Scotland Fol. 35 B How to be divided if Conquered by France Fol. 238 F English Women imitate the French in their Apparel Fol. 246 A F. FItz-Alan Richard Earl of Arundel Admiral of the English Fleet Fol. 367 D He takes above 100 of the Enemies Ships Fol. Ib. E Is one of the Appellant Lords Fol. 371 C Flint Castle when and by whom built Fol. 7 A French King's Charge against King Edward I. Fol. 38 D He seized on Gascony Fol. Ib. F He provides to invade England Fol. 39 D Fulthorpe Sir Roger impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A G. GArter See Order Gascony restored to King Edward I. Fol. 77 C Gaston Vicount Bearn refused his Homage to Edward I. Fol. 3 A Gaveston Piers his Familiarity with Prince Edward Fol. 91 F Is banished by the King Fol. 92 A His return into England and is made Earl of Cornwal and Lieutenant of the Kingdom Fol. 100 D E His Destent and Marriage with the King's Neece Fol. 101 B Is made Lieutenant of Ireland Fol. Ib. E The Nobility contrive to destroy him Fol. Ib. F He fled out of the Kingdom and is recalled Fol. 112 D He yields himself to the Lords Fol. 115 D He is Executed without Judgment Fol. 116 A Gloucester Thomas Duke with other Lords march with great Forces towards London Fol. 368 A Their Letter to the Mayor and Sheriffs Fol. Ib. B C Their Approach to the King with the manner of their Address and Reception Fol. 369 A B C They are excused by Proclamation yet march on towards London Fol. Ib. F The Keys of the City-Gates delivered to them Fol. 370 A They go to the King and obtain what they asked Fol. Ib. B C He offers to purge himself and is declared Guiltless Fol. 371 A His desire to have 1000 l. per Ann. settled on him by the King Fol. 392 F
61 F He corrupts the German Princes Fol. 63 C Of Valois his Alliances against Edward III. Fol. 200 A His Commissioners appointed to Treat of Peace Fol. Ib. His Fleet beaten by the English Fol. 205 C His Answers to Edward III.'s Challenge Fol. 207 D He is overthrown by him at Cresly Fol. 237 B His attempt to relieve Calais unsuccessful Fol. 242 B His Death Fol. 247 F Philpot John set out Men of War at his own Charge Fol. 334 C Is questioned for it and discharged Fol. Ib. Pickering Sir James his Petition in behalf of the Commons Fol. 335 C Plesington Sir Robert adjudged a Traitor Fol. 407 D Pole Sir Michael made Lord Chancellor Fol. 359 D He accuseth the Bishop of Norwich Fol. 360 C His Sentence against Four Knights Fol. Ib. D Is made Earl of Suffolk Fol. 363 F He is impeached his Answer and Judgment Fol. 365 ACE Is accused of High Treason Fol. 372 D Pope prohibits the Clergy from paying Taxes to Secular Princes Fol. 41 A His Explanatory Bull Fol. 54 C He by his own Power declared a Truce for Two Years between England and France Fol. 61 D Protested against by the French King Fol. Ib. F Accepted as Mediator and not as Judge Fol. 62 His Award between the Two Kings Fol. 64 65 He sent a Nuncio to compleat it Fol. 66 E His Claim to the Kingdom of Scotland Fol. 70 E He suspended the Arch-Bishop of Canterbury Fol. 81 C He appointed Receivers of his Temporalities but refused by the King Fol. Ib. F He absolved Edward I. from his Oath Fol. 84 C His Exactions in England Petitioned against by the Nobility Fol. 88 C He mediates a Peace between Edward III. and King Philip Fol. 200 F 202 D His Reservation of the Bishopric of Rochester to the Apostolic See Fol. 319 B Price of Provisions set by the King Fol. 120 C Revoked again by him Fol. 121 D Probi Homines in Scotland who they were Fol. 31 F R. Rapyngdon Philip Professor of Divinity in Oxford a Wyclivite Fol. 459 F Proceedings against him Fol. 460 461 Reading Sim. Executed for speaking ill of Q. Isabel Fol. 159 C Reynolds Walter Arch-Bishop of Canterbury writes to the Pope to Saint Tho. Earl of Lancaster Fol. 139 A Richard Eldest Son to Edward Prince of Wales Guardian of England Fol. 293 C Is Created Prince of Wales Fol. 302 D II. his Coronation Fol. 326 B His Command to his Parlement to dispatch their Business Fol. 337 D His Necessities forced him to Pawn his Jewels Fol. 343 A His Mercy to the Followers of Wat. Tiler Fol. 347 B He Knighted the Lord Mayor and other Citizens of London for their Services in Suppressing them Fol. 350 D His Grants of Liberties and Manumissions to Villans revoked in Parlement Fol. 351 B He appoints certain Lords to Examine into Mismanagements of his Affairs Fol. 352 A He Excepted several Towns and Persons out of his General Pardon Fol. 352 F His Offer to go in Person with an Army into France Fol. 356 E The Parlement Advise him to the contrary Fol. 357 C His intent to Arraign the Duke of Lancaster Fol. 362 A His Expedition into Scotland Fol. Ib. F His Answers to the Commons Petition about his Houshold Fol. 364 A He is sent for to Parlement by the Duke of Gloucester and Bishop of Ely Fol. 365 F He changed the Great Officers of State Fol. 366 E He appointed Commissioners to Govern the Kingdom Fol. Ib. F His Protestation in Parlement Fol. 367 C He questioned the Commission and Statute made in the last Parlement Fol. Ib. F His Judges Opinions of them Fol. 368 A His Reception by the Mayor and City of London Fol. Ib. He Excused the Duke of Gloucester and others by Proclamation Fol. 369 C He granted their Requests Fol. 370 C He sent the Judges taken off the Benches to the Tower Fol. Ib. E His grant of the Commons Petitions Fol. 390 D The Lords Spiritual and Temporal renew their Fealty and Homage to him and he his Coronation Oath Fol. Ib. F Is declared to be of full Age Fol. 392 A He seized and restored the Liberties of the City of London Fol. 394 A He concluded a Peace with France Fol. Ib. B He goes into Ireland Fol. 395 D His Kindness to several Lords Fol. 399 B C He made several Dukes and Earls Fol. Ib. D The Lords and Commons Oaths to him Fol. 400 401 He Pardoned the Duke of Hereford Fol. 403 F He appointed at the Commons Request certain Persons to determine Matters undispatched in Parlement Fol. 404 D He prevented Battle between Hereford and Norfolk and banished them Fol. 415 B Statutes and Ordinances made by him and others appointed Fol. 416 A He goeth again into Ireland Fol. 419 A His Nobility and People desert him and join Hereford Fol. Ib. D He offered to quit the Government Fol. Ib. E He is sent to the Tower and a Parlement summoned in his Name Fol. Ib. F The Process of his Renunciation and Resignation Fol. 420 421 Articles objected against him Fol. 423 c. William Thyrning's Speech to him in the Tower Fol. 434 E Bishop of Carlisle's Speech in his behalf Fol. 438 D He was removed to Ludlow and from thence to Pontfract Fol. 452 A The French King attempts his Relief but without effect Fol. Ib. B The manner of his Death uncertain Fol. Ib. D c. His Wives Fol. 467 Rickhill Sir William appointed to take the Confession of the Duke of Gloucester at Calais Fol. 409 A His Declaration of the same in Parlement Fol. 411 B Rioters how to be prosecuted Fol. 193 Rochellers declare for the King of France Fol. 292 F Roger Earl of March slain in Ireland Fol. 419 A Rushook Tho. Bishop of Chichester Confessor to Richard II. impeached by the Commons Fol. 388 A His Answer Fol. Ib. B Is found guilty and banished Fol. 389 C S. SCotland and Scots their Agreement with Edw. I. about Margaret King Alexander III's Grandchild and Heir Fol. 15 16 K. Edward's Concessions to them about the Match Fol. Ib. Their Nobility desire time to Consider of King Edward's Claim of the Crown of Scotland after Margaret's Death Fol. 18 D E The Competitors produce nothing against his Claim Fol. 20 Their Names and Submission to King Edward's Decision and how their Rights were to be tried Fol. 21 A B D The Guardianship of the Kingdom committed to King Edward Fol. 22 E They Swear Fealty to him Fol. 23 B How the Right of Succession to be determined Fol. 24 F The Kingdom not partible Fol. 27 B They send for Absolution to the Pope Fol 35 A They Command the English to quit Scotland Fol. Ib. D They enter England are beaten and then they submit Fol. Ib. 37 E 64 B They again Revolt and Submit Fol. 53 A They force the English out of Scotland Fol. 59 A They apply themselves to the Pope Fol. 70 E The Terms of Peace granted them by King Edward
facere tenebantur were to save Expences and Labour Sworn by Commissioners in all parts of the Kingdom and a very great number of their Names Recorded in this Roll and in every place when they had Sworn the King's Peace or Pardon was proclaimed The Form for taking the Oaths and Fealties of Absents was made by the Agreement and Express Consent of all the Bishops Earls Barons and other Noblemen of Scotland there present While the King was thus employed in Deciding this Controversy his Mother Queen 8 Walsingh f. 57 n. 40. Queen Elianor Queen Edward's Mother dies Elienor died about Midsummer and he returned into England to see her Interred and the Funeral solemnized with all due Honour When that was over he returned toward Scotland And was at Berwick 9 Rot. superitatis Regis Angliae c. ut supra The Competitors appear before the King on the 3d of August which day being continued with the day preceding according to his Assignation the Competitors appeared before him and his Council in the Assembly of the Prelates and Noblemen of both Nations and with them the Twenty four English Auditors and Examiners of their Titles chosen by the King and the Fourscore chosen by Robert de Brus and John Baliol and such others as would Consent to the Election made by them to Discuss their particular Rights and make Report thereof to the King There appeared no less then Twelve Demandants that put in their Pleas for the Crown of Scotland all entred in this Roll and Petitioned to have the Kingdom delivered to them besides the King of Norwey who by his Proctors and Messengers demanded it as Heir to his Daughter Margaret 1 Ibm. The Twelve Competitors Names The others were Florence Earl of Holland Patrick de Dunbar Earl of March William de Vescy William de Ros Robert de Pinkny Nicholas de Soules Patrick Galightly Roger de Mundevill John Comyn John de Hastings John de Balioli and Robert de Brus. The Petitions 2 Ibm. The Competitors Petitions with their Reasons Reported to the King with the Reasons of their Claims having been propounded and shewn to the Auditors they Reported them to the King before the Prelates and Noblemen of both Kingdoms in the presence of all and every of the Demandants and of the Publick Notary The King assigned them by their own Consent Monday next after the Feast of the Holy Trinity which would be on the Second day of June in the year 1292 for the further Proceeding in this Controversy The King 3 Ibm. being that day at Berwick upon Twede and the Prelates and Noblemen of both Kingdoms there assembled with the Auditors that had been Elected and those appointed by the King to discuss and hear the Rights of the Parties claiming after an Attentive Hearing came to the King and related what had been done who with the Prelates and Noblemen of both Kingdoms strictly Examined them and For that he found there would be great delay and much time spent to the peril and danger of the Kingdom it was ordered by the Express Consent of all Pretenders and by the Assent of Prelates and Noblemen aforesaid That the Rights and Titles of Robert de Brue and John Baliol should Robert de Brus and John Baliol's Titles to be first Discussed be first Examined and Discussed and that afterwards all others might prosecute their Claims if they thought fit The King 4 Ibm. The Eighty Auditors Sworn to Advise the King how to proceed in this Judgment tho he might have Judged the Case without them as Superior Lord of Scotland yet that he might do it with more Security and Prudence he caused the Eighty Auditors to take an Oath that they would advise him how and by what Laws and Customs he was to proceed to Judgment in this Case These Eighty pretended great Difficulties and desired the Twenty four English the King had appointed might be added to them These Twenty four pretended as great or greater Difficulties and therefore I dare not undertake the Charge or Consult upon the Business before them without the Advice of the Prelates Noble Great They desire the Advice of the Prelates and Noblemen of England and Wise-men of England that were absent wherefore by the unanimous Assent of all present the King assigned the Morrow of the Feast of the Translation of St. Edward the Confessor that is the 14th of October for the further Proceeding in this Business in his Parlement in the same place in Parliamento suo loco eodem At 5 Ibm. The Prelates and Noblemen of both Kingdoms meet at Berwick The King asked their further Advice How the Right of Succession was to be determined in Scotland that day the Prelates and Noblemen of both Kingdoms appeared at Berwick as also the Auditors the King asked them as he had done before by what Laws and Customs Judgment was to be given in the present Case and if there were found no Laws or Customs to proceed by how it was to be given and whether otherwise concerning the Kingdom of Scotland than concerning Earldoms Baronies and other Tenures They all Answered with one Voice Nemine Contradicente That Judgment was to be made by the Laws of the Kingdom if any If not the King might and ought by Advice of his Prelates Noble and other Great Men of his Kingdom make a new one And that as to the Right of Succession in the Kingdom of Scotland Judgment was to be given as concerning Earldoms Baronies and other individible or impartible Tenures The King having Received these Answers 6 Ibm. The Titles of Robert Brus and John Baliol Examined he ordered the Auditors to Repair to the Church of the Friers Preachers in Berwick and favourably to hear John de Baliol and Robert de Brus from day to day what they had to say or propound Robert de Brus began first shewing the Reasons and Arguments for his Claim and then John Baliol set forth his in a long Plea and answered all what Robert de Brus had said The Auditors Related what had been urged on both sides to the King They both personally appeared before him who asked them if they would speak any thing further they answered No Whereupon the King openly and publickly before the Prelates and Noblemen of both Kingdom his whole Council and the Auditors asked what Advice they would give him which of the two according to what they had shewn and set forth had Right of Succession in the Kingdom of Scotland and the force of all their Arguments on both parts was drawn into this Question An 7 Ibm. The main Question between them remotior in uno Gradu in successione exiens de primogenita debeat secundum leges consuetudines utriusque Regni excludere proximiorem in Gradu exeuntem de secundogenita Vel proximior in Gradu exiens de secundogenita debeat secundum leges consuetudines ipsorum Regnorum
about the Prices of Oxen Cows Sheep Geese Hens and other Victuals set the last Parlement should be revoked and that they should be sold as formerly at reasonable Rates The reason of this says Walsingham was 2 Hist f. 107. n. 20. because after the Price set in Parlement they were much dearer On Tuesday following the King by the Bishop of Norwich promised to 3 Rot. Par. ib. n. 1. The King promiseth to observe the Ordinances observe all the Ordinances formerly made by the Prelates and Great Men per Prelatos Proceres and also the Perambulations of the Forest made in his Father's time saving to the King his Reasons against them salvis Regi Rationibus suis contra Perambulationes and thereof Writs were made accordingly On the Friday next coming 4 Ibm. Soldiers how raised and paid against the Scâ—â—s the Great Men and Community of the Kingdom Magnates Communitas Regni Granted to the King in Aid of his War with Scotland of every Town in the Kingdom one Stout Footman except in Cities and Burghs and the King's Demeasns and these Footmen were to be armed and furnished with Swords Bows Arrows Slings Lances and other Armour fit for Footmen at the Charge of the Towns and their Expences to be paid until they came at the Place of Rendezvous and their Wages for 60 Days after and no longer if the King's Service required it at 4 d. the day and Market-Towns that were further able to be charged with Men were so to be charged the King promising to give his Letters to the Great Men and Community of the Kingdom Magnatibus Communitati Regni and to their Heirs That this Grant should be no Precedent nor drawn into Example for the future The same Day the King by Advice of the Prelates and Great Men Consilio Praelatorum Procerum ordered the 5 Ibm. whole Service due to him i. e. all the Horse of England to be Summoned for this cause to be at Newcastle upon Tine 15 Days after Midsummer The Citizens Burgesses and Knights 6 Ibm. n. 2. Cives Burgenses Milites de Comitatibus qui venerunt ad Parliamentum then Granted the King in Aid of this War and Expedition a 15th Part of all the moveable Goods 7 Ibm. Civium Burgensium Hominum de Civitatibus Burgis de Dominicis Regis of Citizens Burgesses and Men of Cities Burghs and the King's Demeasns which they had at Michaelmas then last past On Shrove-Tuesday in the Parlement 8 Ibm. n 3. The King had a sincere good will toward the Earl of Lancaster and other Great Men. the Bishop of Norwich on behalf of the King moved the Earl of Lancaster to put away all Doubting he might have of him for that he had a sincere Good-will towards him and the other Great Men erga ipsum alios Proceres Regni sui and held them to be his Faithful Liege-men and told him the King desired to have him the Chief of his Council requesting him 9 Ibm. ex parte Domini Regis Praelatorum ac Procerum Regni ibidem existentium on behalf of the King Prelates and Great Men there present to take upon him to assist and advise in the Affairs of King and Kingdom The Earl thanked the King and and humbly requested time to deliberate humiliter supplicavit quod ipse possit deliberare and then answer Which he did in a very short time and was Sworn of the King's Council in the Form following Whereas our Lord 1 Ibm. n. 4. King Edward by the Grace of God King of England hath with the Prelates Earls and Barons of the Land 2 Ibm. this number only in French upon the Roll. avesques Prelates Countes e Barons de son Terre in full Parlement requested his dear Cousin Monsieur Thomas Earl of Lancaster that he would be Chief of his Council in all Great and Weighty He requested the Earl to be Chief of his Council Affairs touching himself and his Realm with other Prelates Earls and Barons which may between the King and himself take care that he may be for the Profit of him and the Realm The said Earl for the great Love he had for his Lord the King and for the Common Profit of the Kingdom and the Ordinances 3 Ibm. The Earl complies upon such Terms as he might Govern the Kingdom qil ad sur merci enterement Grante a teniz which he had upon favour entirely granted to observe and the right Laws to maintain in all Points and in hope to make Amendments in such things as had been ill done in his Court and the Estate of his Realm did grant to be of the King's Council with the Prelates Earls Barons so as at the Hour the King shall not do according to his Directions and others of his Council concerning the Matters of his Court and Kingdom after such things have been shown him and he will not be Governed by the Council of him and others the Earl without Evil Will Challenge or Discontent may be discharged from the Council and that the Business of the Realm concerning him shall not be done or performed without the Assent of him and the other Prelates Earls and Barons which shall be ordained or appointed to advise him 4 Ibm. saunz Assent de luy des autres Prelatz Countes Barous qi de luy Conseiller serront ordenetz And if any of the Prelates Earls and Barons shall advise the King or do other thing which shall not be for the Profit of him and his Realm then at the next Parlement by the Advisement of the King and his Friends 5 Ibm. solone lavisement nostres Seigneur le Roy le seon they shall be removed and so it shall be from Parlement to Parlement as to them and every of them according to the Faults found in them In Witness whereof this Bill was to be entred on the Parlement-Roll ceste Bille entre en Rouelle de Parlement And then it follows Billae 6 Ibm. The Instrument by which he was made Chief of the Council entred upon the Parliament-Roll predicta formam continens supra scriptam liberata fuit Willielmo de Ayremin Clerico c. The foresaid Bill containing the Form above written was delivered to William Ayremin Clerc by the hands of the Lords Walter of Norwich and Bartholomew de Badlesmer commanding the said William by Order of the King to inroll it Word for Word Over the Army above-mentioned raised by the Parlement against the Scots the Earl of Lancaster was made 7 Rot. Scot. Ed. 2. M. 6. The Earl of Lancaster made General of the Army against the Scots and Lieutenant of Scotland General and the King's Lieutenant in Scotland but what great things he did with this Army or by his Lieutenancy it appears not in any History I have met with Next Year the Pope sent two 8 Rot. Claus 10 Edw. II. M.