is Offence Otherwise if we should understand that because the Mother is not to be admitted to the Kingdom the Son must be in Right expelled from the same the Kingdom of the Jews contrary to the Foundation of our Faith should not lawfully have come to JESVS CHRIST who not by Society of Man but by the Working of God was born of the Virgin Mary a Woman descended from the Royal Stock of David neither admitted nor perhaps to be admitted to that Kingdom yet we do assuredly believe that he was then True and Lawfull King of the Jews And far be it from our thoughts that JESVS the Son of David by Royal Succession should either break or unty the Knot of Observing the Law seeing he came to accomplish the Law and not to break it And this Excellent Example of Lawfull Succession may reasonably stop their Mouthes who babble against our Right to the Realm of France viz. That they be not separated either by Constitution or Construction of the Law in Regard of Lawfull Degree and Order of Succeeding whom in that Regard the same Reason joyneth as Equal Neither were we duly called in this Business 13 Reason because not called which did so greatly concern our Prejudice And moreover our Procurators who were then in France that for Us and in our Name they might propose and oppose what should be Expedient were not only not admitted in Judgment but repelled with terrible Commination of Death And so that which was passed by the Twelve Peers of France doth nothing relieve or justifie our Adversary And if the Examination of our Case had pertained to the said Peers which it did not because they are not our Competent Judges Yet they setting apart the Office of Judges did unjustly in regard of Us to whose Minority to whose Tender Age at that time Favour should have been afforded perform the office of open Spoilers whose Process in Prejudice of Us althô it had been made by Competent Judges our Minority should have rendred of no Effect 14 Reason because in Minority And yet the same could not stand in Force against a Man of Age being debarred from such Defence as proceedeth from the Law of Nature which cannot be taken away by any Prince or Positive Law of State. Let us see now what flattereth the Conscience of him that possesseth the Kingdom of France due and devolved unto Us by Right upon what Favour of Law he feedeth with what Colour of Justice he is cloaked when he wanteth Ground of Law to sustain the Justice of his Cause against Us. Among other things he is said to pretend Objections taken from Us Two Objections Homage and Oath the Homage which We acknowledged unto his Grandfather for the Dutchy of Aquitain and the Oath which We made unto him for the same That He who could say nothing in his proper Right might find somewhat to say by fetching Objections to oppose from Us Supposing it sufficient to supplant a Child as We were then that he had against Us Full and Free Rule in the Realm of France But the First of these is taken away by Authority of special and express Law The First Objection answered whereby a Minor is relieved in his Harms insomuch as an Act tending to his Grievance is altogether void Therefore the Acknowledgment of Homage done by a Minor over-carried by Weakness of Age to his Exceeding Loss and also as it appeareth by the great Prejudices upon the same Homage intended against Him circumvented doth not endammage that Minor whom the special and good Provision of Law preserveth from Harm For who will not say that a Minor is both harmed and deceived if by acknowledgment of Homage He shall unduly both subject his Dutchy and also lose the Kingdom of France when as it is said it is Notorious in Law that this Minor is King of France to whom alone and to none other as King that Dutchy is subject For when the Duke of Aquitain becometh also King of France the Dignity of a Duke settleth in the Kingdom and is incorporated and confounded with the Royal Dignity and the Name thereof is extinguished as being a less thing adjoyned to the Greater Even as when a small River runneth into a greater both the Waters and the Name are therein drowned For who will say that ever it was thought that a Minor in express Terms acknowledging Homage for a Dutchy shall secretly lose his Right to a most Excellent Kingdom And so in the Speech utter'd by a Minor exceedingly both damnified and deceived not only that shall be comprehended which is expressed being respectfully not great but that also which is very Great being neither expressed nor imagined Whereas if small Matters be expressed and a General Clause followeth the Clause compriseth no Matter of higher Nature than was before expressed Neither doth the Law intend that Thing to be spoken which appeareth not to have been meant The Second Objection of the Oath made by the Minor in acknowledging his Homage is altogether untrue as it may appear by sight of the Homage The second Colour removed which was acknowledged And that Argument which is said to be inforced against the same Minor viz. that Homage simply made is taken by Custom to presuppose and imply an Oath cannot work any Raim to the Minor For such Custom is deny'd and althô it should without prejudice be granted yet is it not of force as before is touched to hurt a Minor that by doing Homage he shall be said so to be engaged by his Oath that the Extremity of the Novell Constitution Sacramenta Impuberum should take place against him Answer to the Novel Constitation Sacramenta Impuberum For seeing that Authentick Constitution doth rigorously and newly dispose against Wretched Minors who are endamaged in that an Oath shall prejudice them in Contracts concerning Affairs of their Estates this must be understood of a true Corporal Oath Generally for restraint of things that are Odious and especially that those Acts which take away Religious Relief of Minors be not drawn into Consequence For a Civil or Imaginary Act is not of equal Force with a Natural Act which is required in an Oath to the Prejudice of a Minor where the Law doth not specially ordain what shall be held of like estimation Also the Words of the said Authentick do exclude the Reason of an imaginary Oath for that it saith not simply The Oaths of them under Age but The Oaths of them under Age voluntarily made For an Oath voluntarily made by a Minor is of such a Nature that it can by no reason be equall'd by an Oath which a Minor shall be imagin'd or supposed to have made except special Constitution of Law shall so provide Those Oaths likewise which are called Voluntary or are supposed by General Custom receive no derogation by special privilege granted unto Minors Also by Authority of Great Doctors the said Authentick requireth an Actual Oath to
or Encrease than by way of Confiscation especially of that which riseth upon the Crime of Treason as it is in this present Case It was also set forth at large by the Letters and Rescripts of King Edward how the King of France never renounced either the Reversion or Soveraignty of those Lands which were deliver'd to the King of England by the Treaty of Calais And it was said by way of Corollary that neither the Dutchy of Aquitain nor any other Lands whatsoever ought ever to be deliver'd to the English upon any Respect because among other Reasons the English never yet had althô it were but one Foot of Land in France whether it were by Marriage or otherwise but in the end they always raised Wars and Troubles against the King and State of France And further there were noted and set down many Expeditions made into Aquitain both before and since the time of Charles the Great occasion'd by Justice of the Kings of France for Condemning and Depriving many Dukes of Aquitain because of their Rebellions and other bad Behaviour declaring manifestly that the said Dutchy of Aquitain was sometime the Proper Right and Inheritance of the Kings of France and that did evidently appear in that Charles the Great made and ordained Lewis the Gentle his Eldest Son King of the said Country of Aquitain as King Dagobert long before made Hubert his Brother by the Fathers side only Many other things are there contained which pretend to answer all that the English could say or alledge But We shall now hear what the King of England could say in his own Behalf when We have first set down a short Genealogical Table of the Descent from St. Lewis to King Edward and Philip of Valois VIII THE PEDIGREE OF THE Kings of FRANCE From Philip the Son of St. Lewis untill Charles the Fair. King Philip the Son of St Lewis King Philip the Fair. King Lewis Hutin Jane Countess of Eureux King Philip the Long. Margaret Countess of Artois King Charles the Fair. Blanch Dutchess of Orleans Isabell Queen of England Edward the III. K. of England Charles of Valois Philip of Valois IX Reasons alledged by the KING of ENGLAND for his Right and Title to the Kingdom of FRANCE UPON Supposal as it is evident and notorious in Fact that Philip of Famous Memory sometime King of France the Father of Charles of Honourable Remembrance King of France last deceased and of the most Gracious Lady Isabell Queen of England our Mother 1 Reason Proximity in the Descending Line was our Grandfather by the Mothers Side Then was no Male surviving nearer than We to the same King Charles at the time of his Death of all those who were descended with him from our Grandfather Philip Uncle to our Adversary Now the Person of a Woman is not capable of that Kingdom by a Law therein anciently observed which Law by way of final Cause respecting the Favour of that Realm lest the State thereof should decline under the Weak Government of a Woman by Excluding the Person of a Woman doth not therefore exclude the Person of a Man descended of a Woman so excluded Lest Matters Odious should be extended which is Odious in Law from Person to Person from Sex to Sex from Cause to Cause from Hatred to Favour And lest the Feminine Gender which is contrary to all Rules of Law should comprise the Masculine 2 Reason Restraint of things odiouâ— 3 Reason the Femin Gender compriseth not the Mascaline 4 Reason Derivation of Right from the Grandfather by the Mother 5 Reason Absurdity in Law. 6 Reason The Descending preferred before the Collateral 7 Reason the cause or reason of the Law ceasing especially in a case of an Odious Nature For to this end the Law before mention'd excludeth the Weakness of Women from bearing Rule that more Profitable Provision might be made for the State and that the next Male no otherwise debarred might be Assumed into her Place especially to that Right which did not first spring from the Mother so excluded but is originally derived and propagated from the Grandfather to the Grandchild Otherwise by this odious Enlarging another Absurdity in Justice would ensue that the Nearer Collateral should be excluded and the more distant and remote brought in Seeing that by the Law of Nature and of Nations Brothers and Sisters and their Sons are preferred in mutual Succession before other Collaterals in another Line So that upon this Statute which is made in Favour of the Kingdom and in Hatred of a Woman being debarred from the Kingdom Occasion should arise both of Violation to Law and of Injury to such Males as are descended from a Woman Neither can We conceive that the Intent of the Law here mention'd is so unjust as that the Mother and the Son upon Dislike Reason should be condemned and punished alike Yea by the Contrary Judgment of the same Law whereby the Mother is expelled from Succession the Son entring into the same Degree of his Mother succeedeth in her Place like unto that Son who riseth into the Degree of his Father or Mother deceased 8 Reason the Son entreth into the Degree of his Mother to succeed his Grandfather 9 Reason One vexation not to be added to another that he may be received in equal Terms with his Uncles to the Succession of his Grandfather That so the Sorrowfull Mother being stripped of her Royal Inheritance by Rigour of this Statute should in Right receive some Solâ—ce by Substitution of her Son and not one Heaviness to be heaped upon another which the Upright Consideration of Law doth abhorr as we see even where a Charge of Calamity cometh not by the Law but by Misadventure as in that Law whereby the Custom is condemned which permitteth another Man to take the Goods of them that suffer shipâ—reck By which Reason that which is corrected in express Disposition of Law for avoiding an Encrease of Grief is more strongly prohibited in the secret Disposition Let it therefore more than fully suffice that by the Law of the Realm of France the Mother is cut from the Royal Stem not by any Default in her Self but by the Fact of Nature which framed her a Woman And that by Express Law she suffereth a certain Shipwrock in her own Disinheriting althô she be not by any secret Consequence of the same Law contrary to the Course of Justice wrecked again with her Disinherited Son 10 Reason One not to be burthen'd with anothers Hate And so against all Rules and Reasons of Law one should be burthen'd with anothers Hate Whereas the Right from which the Mother is excluded is in such sort given unto the Son that the Mother receiveth nothing by this Office and Charge of the Son. So likewise we shall find Punishment enlarged without Offence whereas it should be mollified and restrained 11 Reason Punishments to be restrained 12 Reason from an Instance of great Authority even where there
the Attaindure which pass'd upon him at the death of his Father and Grandfather For p Cart. 4. Ed. 3. n. 71. himself also and Joan his Wife Daughter of q Mill's Catal. Honer p. 575. Sr. Peter Jenevill in Fee divers ample Liberties and Jurisdictions to be exercised at his Castle of Trim in Ireland besides the Inheritance of all the Territory of Danahmain in Ireland with very large Priveleges thereto annexed Besides all which he procured a r Cart. 4. Ed. 3. n. 67. Grant to Geoffry his Son of the Castle of Donnington in Leicestershire as also the Mannors of Lechelade and Sodington in Glocestershire the Mannor of Wokking in Surry Byeby and Castre in Lincolnshire Ashburn in the Peke in Darbyshire Ryehale in Rutland and Kinely in Wiltshire late the possessions of Edmund Earl of Kent attainted and executed as we have shewn Also the Wapentake of Ryssey in Darbyshire the Wapentakes of Plumtre and Alreton in Norfolk the Mannor of Reseby in Leicestershire and the Mannor of Alreton with certain Lands in Drayton in Norfolk all parcel likewise of the Lands of the said Edmund late Earl of Kent from whose Fall he gather'd this fruit to himself and Family Being therefore so great in Authority and possessions he now drew after him more Attendants than the King himself nay ſ Stow p. 229. n. 20. he was so sottishly blinded with false Ambition that he would expect his Lord and Master to rise-first to him and if offer'd permit it nor would he in the least scruple to walk fast by the King as his Fellow nay sometimes walk on in state before him as his Lord looking back and more than familiarly laughing upon his Soveraign He had beside the fore-mentioned Round-Table at Bedford kept another t Leland Cellect 1 Vol. p. 685. Dugd. 1 Vol. p. 145. M. S. vet Angl. in Bibl. C.CC. c. in Wales in imitation of the Famous King Arthur For which and other too daring Tokens of his proud Spirit he was by his own Son Sr. Geoffry called in derision The King of Folly Which certainly was true since nothing appears more supreamly foolish and ridiculous than Pride and Arrogance Among others of his large Retinue he is said to have no less than u Draytons Bar. Wars l. 6. Stan. 16. M. S. id ibid. 222. ninescore Knights as his Attendants besides Esquires Serjeants at Arms and Footmen a Company well suiting with his ambitious Spirit and seemingly sufficient for his Security if long to remain secure was possible for those who are blinded with Ambition And besides this his unsufferable Insolence whereby he undervalued all the World but himself and esteemed no Lord of the Realm his Peer he was also extreamly given to heaping up Moneys and therefore he still follow'd the Court of Isabell the Queen Mother and had his Provision bought by the Officers of the Queens Houshold in the same manner as the King's Officers purvey'd for him and so he took up all things both as to his Victuals and Carriages after the King's Rates to the great enriching of himself but the no less Grievance and oppression of the People Wherefore all the great Lords of the Land both hated and feared him and the King and his Council took notice of all his Insolencies and ordained among themselves to pull him down at a Convenient Opportunity by the pure force of Law and Reason For it was now apparently manifest that King Edward the King's Father was through him traitrously murd'red in the Castle of Berkley But this their Design was discover'd to Mortimer by the Treachery of some Creatures of his in the Privy Council whereat he stormed and raged exceedingly against those of the Council that had accused him to the King of the Death of his Father and swore that he would be Revenged on them whatsoever befell him And indeed he wanted but little of bringing his purpose about For at this Parliament at Nottingham by his advise the Queen Mother took into her Hands the Keys of the Castle so that none might go in or out after such an Hour but at the Pleasure of him and of the Queen Mother neither any of the King's Council nor the King himself When the Vice-Constable Sr. Edward y Stew ibid. Bohun came at this Parliament to appoint Lodgings in the Castle of Nottingham for the King 's own Cozen Henry Earl of Lancaster a Prince of the Royal Blood he took him up at a high Rate roughly demanding how he durst presume without his Direction to prescribe Lodgings for any of the Nobles whatsoever especially in a place so near the Queen Mothers Person Whereat the Vice-Constable either for the Earl of Lancaster's Security or to raise Envy to Mortimer thereby appointed his Lodgings a Mile out of the Town where also John Bohun Earl of Hereford and Essex High-Constable of England and the Vice-Constables Elder Brother with many other Great Men were lodged This very thing undid Mortimer by giving his Enemies Opportunity to confer Notes together and to advise one with another how to undermine him at this Distance which nearer at hand they durst never have undertaken to do for the Multitude of his Spies and Dependants planted about them But now immediately it was discours'd among the Nobles and privately whisper'd among the Common People That Mortimer the Queen Mothers Paramour The Old King's Murderer and the Young King's Governour sought by the Ruine of the Royal Family and by trampling the Nobility under Foot to aspire to the Regal Power It was also the more to enflame Mens minds privily rumour'd that the Queen Mother was impregnate by Mortimer thô never any effect appear'd after to that purpose However this with other Matters was handsomely convey'd to the Young King's Ear by some of his Faithfull Servants who upon his demurr at the Danger encouraged him boldly not any longer to endure such dishonour from a Man that had Murdered his Father Mislead his Mother and cut off his Uncle vowing in Defence and Vindication of his Royal Dignity to stand by him to the last drop of their Blood. The King hereat taking high Indignation and as High Courage at their promised assistance resolves forthwith to level this Bold Encroacher on Soveraignty and bring him to a severe Account for all his former Ill Services William z Dugd. Bat. 1 Vol. p. 641. Lord Montacute or Montagu for 't is the same was the Chief in this Concern and the Man that most Boldly lay'd open the whole matter before the King who immediately thereupon a Dugd. Bar. 1 Vol. p. 146. gave him Command to take to his Assistance some other Trusty and Resolute Persons which he did accordingly And the Names of his Associates as many as I have met with are these Sr. Humphry Bohun next Brother to Earl John the Constable Sr. Edward Bohun the Vice-Constable and Sr. William Bohun afterwards Earl of Northampton a Martial Man of that Age but
Lenox Menteith and Stratherne came laden with Spoil and Prey to St. Johnston where he found the King of England his Brother lately return'd thither from his victorious March beyond the Scottish Mountains This Town had been lately destroy'd by the Scots who despair'd to maintain it for their own behoof But now King Edward order'd it to be rebuilt fortifi'd and encompassed with a strong Wall Ditch and Rampire VI. The King of u Knighton p. 2567. France all this while did what he could by Policy to hinder King Edwards Proceedings and withdraw him home again before he might perfect any Conquest in Scotland To that end again he sends his Ambassadors to him and procures Others to be sent from the Pope x Vid. Odoric Rainald ad An. 1335. §. 36 with Letters bearing date apud Pontemsorgiae Avenionensis Dioecesis 2 Kal. Aug. Anno Pontif. 1. to endeavour a Peace between King David and him and to request his Company once more in the Holy War But King Edward observing his pragmaticall Curiosity in Affairs no way relating to him and also his unsincere way of Address sent him short Word That he was able of himself blessed be God without any help from him to wage war with the Infidels when he should see fit unless He and his Adherents by their Malice and underhand Dealings should stand in his way And that he neither could nor would undertake any Foreign Expedition while his Enemies the Scots continued so rebellious against him who were also by him abetted and encouraged in their Rebellion Thô both as a Christian Prince and a Kinsman he ought rather to compose War and Strife among two Christian Nations and even to assist him with all his Might in his just Wars than to nourish up his Capital Enemies unjustly against him VII Thus King Edward put him off at that time and proceeded with such success in his Affairs in Scotland that about the Feast of the y Augusti 15. Assumption of our Lady most of the Scotch Nobility being wholly tired out and fearing yet much more z Walsingh hist p. 116. Adam Murimouth came in and submitted themselves to King Edward of England at St. Johnston where both the Kings then were among whom thô the Lord Strabolgi came not in person for fear of the Kings sudden Displeasure yet by his Advocates and Letters he so humbly sued for Peace and Pardon and so well acquitted himself of all Treason that he with the rest was accepted on these Conditions a Ces sont les Choses le Pointz accordez c. Murimouth c. Stow p. 232. Knighton p. 2566. n. 30. c. These are the Points and Articles agreed on betwixt the Council of the Kings of England and Scotland on the one Party and the Lord Alexander Moubray the Lord Geoffry Moubray the Lord Geoffry Roos Dr. William Bullock Clerk and the Lord Eustace de Lorrain having full power from David Strabolgi Earl of Athol and Robert Stuart of Scotland on the other Party to treat on accord and confirm all Points enterparled and to be enterparled betwixt the said Kings and the said Earl and Robert Stuart as appeareth by the Letters Patents of either Party 1. Imprimis it is accorded That the Earl of Athol and all the Great Men and Others of the Commonalty of Scotland which were willing to come in to the King of Englands Peace shall have Life and Limb Lands and Tenements Fees and Offices which they ought by right or by inheritance to have in Scotland those except which by common Assent should be excepted In such manner that all Offences and Misdemeanours which they had committed in the Realm of England from the beginning of the World to the Date of these Presents shall be pardon'd without Imprisonment or any other Molestation 2. Item That the Earl of Athol and the Lord Alexander Moubray shall still hold those Lands Tenements and Fees in England which they held at their departure from Newcastle upon Tine when they paid Homage to the King of England 3. Item That the Franchises of the Kirk of Scotland shall be maintained after the ancient Usage And that the Laws of Scotland in Burroughs Towns and Sheriff-wicks within the Lands of the King of Scotland be used after the Old Way as they were used in the time of King Alexander And that the Offices of Scotland be administred by Men of the same Nation yet so as that the King of Scotland of his Prerogative Royal may at any time according to his pleasure advance to places of Office Men of any Nation whatsoever 4. Item That all those who being in the same case with the Earl of Athol have Lands and Tenements within the Lands of the King of England shall still hold those Lands and Tenements Possessions Fees and Offices as they had them at their departure from Newcastle upon Tine when they paid Homage to the King of England those except who by common Assent shall be excepted and if they be impleaded for their Lands and Tenements aforesaid they may have their Defence and Recoveries in any Court according to Law. 5. Item As touching the Demand which the Earl of Athol claimeth that the King of England would release him his Lands in England which he hath in gage for 800 Marks the King neither ought nor will do that but as for his Mannor of b Stow Byphingdone quod corrigo autoritate Dugd. 2 Vol. p. 96. ubi legitor Bulinden in Com. Buck. Bulindon which the said Earl laid to pledge for c Stow 250 l. sed Knighten CC li. ubi li pro l. à Stow acceptim per errorem cum stat li. pro libris two hundred Pounds it is accorded That if the said Earl of Athol come within one Year and make true payment of the said Money that the King shall cause the said Mannor to be restored unto him 6. Item That as touching the Castle and Lands of Chilham the said Earl shall be in the same point that he was before at his departure from Newcastle upon Tine when he paid Homage to the King of England and shall have his Recovery by Law and the King promiseth in good Faith to take Order that he shall have the Law of his Kingdom without favour on either Party 7. Item That as touching the Lands which the said Earl claimeth in Norfolk whereof he hath Charters the King promiseth that having seen first his Charters by Advice of his Council he will do him reason And if in any case any man surmise Treason upon the said Earl he may defend himself with his Body according to the Laws and Usage of Scotland and upon the Marches And that all those in his case have the like Grant. 8. Item that as to the Pardon which William Ramsey Knight demandeth for the Trespass by him done to William Lord Montagu in beating down his Castle of Haghterdorne the same William shall be ready to make satisfaction in
intend to the Cause of our Saviour which is neglected and may thereby be attributed to the great shame and ignominy of every Christian King thô never so well deserving But we know not for what Offence it happens that from the meek Offers of Peace from whence Friendship ought to arise there hath grown a Swelling of greater Anger and Obstinacy in our Persecutors Mind against Us Thô God and our Conscience bearing Us witness We have not provoked Him by any one fact or attempt made by Us against Him. Nay the Eyes of all the World our publique Witnesses do see with how many and great Indignities our foresaid Persecutor who stiles himself King of France doth daily wound and defalcate Us and our Rights He is at this Present an Invader and unjust Usurper of the Realm of France it self which is known to belong to Us by all true Right of Succession not having been asham'd to withhold by Force that Crown which he ought rather to claim by Law and Equity We being called and heard thô We were a Male and it could no way be doubted but that We were a Person principally concern'd in the Matter and Our Right was as Notorious in that very Realm as it is founded on the Law of Nature The matter of Fact being Evident that Philip of Famous Memory late King of France Father of Charles King of France last-deceased and of the most Serene Lady Isabella Queen of England Our Mother was our Grandfather And that to the same Charles at the time of his Death no Male living of those who together with him descended from the same Philip was nearer than Our Selves And thô the Female Person by Custom Anciently observed in that Kingdom be rendred uncapable of inheriting that Crown this Law being principally intended for the Good of the Realm that under a frail Womans Government the Kingdom should not fall to ruine thô it excludes the Person of the Woman doth not yet exclude the Person of the Male descending from the Woman thus excluded d d Here a Clause of which I can make no good Sense is left out Beside by the foresaid Law the Female Frailty is excluded from the Kingdom that the Realm may be more Advantagiously provided for and the nearest Male be admitted Or else let him be admitted rather to that Right who doth not primarily proceed from the Mother so excluded but is to be look'd on as a Nephew propagated Originally from the Grandfather otherwise there would follow another absurdity of Injustice that the Collaterals of the same Line should be excluded and a more Remote Kinsman call'd in when by the very Natural Law of Nations Brothers and Sisters and their Children are in mutual Succession still Prefer'd to other Collaterals of another Line And thence the said Law arose in Favour of Kings and Hate of the Females Inability to Reign not that by the Injury done to the Female an Occasion also should be taken of Injuring the Male Descendant Nor yet is it to be thought that the intention of this Law could be so unjust as to condemn the Mother and the Son being of another Country Nay rather on the contrary by that very Judgement of the Law whereby the Mother is remov'd from the Succession the Son being seated in his Mothers Place and supplying her deficiency the Succession devolves unto him Just as a Son steps into the Right and Degree of his Father deceased so as to be admitted to the Succession of his Father among his Fathers Brethren Then well may the disconsolate Mother thô by the foresaid Rigour of the Law divested of her Royal Inheritance Rejoyce again and be Comforted that her Son is so substituted in her Place Nor then is Affliction added to Affliction which the Sacred Consideration of the Law abhorreth as we see even where the Law hath not laid an easie Burden of Affliction but a case in the Law which condemns that customary Law that yields the goods of shipwrack'd Persons to another Because it there expresly corrects it by this reason that we should avoid adding to Affliction much more for that very Reason is it forbid Let it therefore satisfie this Law of France that from a Mother more then Pregnant who yet was not made a Woman by any of her own fault but by necessity of Nature it fully cuts off the Root of Royalty And that so the Mother by the Law of her Disherison doth expresly suffer as it were a certain Shipwrack But let it not also be cruelly and against all Right concluded that she is in the Person of her disinherited Son to suffer a second and a worser Shipwrack or that without a Fault the Punishment should be doubled when even where a Fault is the Punishment ought to be mitigated Otherwise if because the Mother is not Lawfully admitted to the Throne the Son must be understood to be Lawfully expelled from the Throne Then had not the Kingdom of the Jews of Right belonged to the Holy Jesus which is against the Foundation of our Faith to assert Who notwithstanding he was the Son of God begotten in a Mystery without the Company of a Man of a Female of the Royal Stem of David even of the Virgin Mary who her self was not admitted to the Kingdom nor perhaps ought she to be admitted yet by the undoubted certainty of Faith became the True and Lawfull King of the Jews And God forbid that this Royal Succession of King Jesus should be either an untying or breaking of the Legal Observance since he came not to break the Law but to fulfill it Wherefore this most Excellent Instance of Lawfull Succession by Right of the Mother may reasonably put to silence the pretended Reasons of the Enemies of our Right in the said Kingdom of France That the Saviour of the World and We a Poor Mortal Sinner whom parity of reason as to this reconciles together may not be separated as to Our Lawfull Degree and Order of Succession by any vain Constitution or forced Interpretation of humane Laws And yet for all this there was not only not any due Citation of Us made nor our Defence thô in a Matter so highly Prejudicial to Our Right admitted but also Our Proctors who instantly desired that they might Legally appear for Us and Our Title were so far from being allowed an equitable Hearing as that they were rudely and unjustly repelled with horrible Menaces of no less than present Death Wherefore their Procedure thô the Deed of the Twelve Peers of France hinders Our said Title nothing at all since as to Us who were then Weak and in Our Minority they laying by the part of indifferent Judges perform'd the Office of Thieves and Robbers Whose Process thus made against Us to Our Prejudice even Our very Minority renders invalid in the Law. For neither could it have been effectual had it been made against an Adult Person that Just Defence being so deny'd which to every Freeman is allow'd
as it were in a Net they alighted on foot and began to defend themselves like Men insomuch that for all their great Disadvantage they slew and hurt many of their Enemies But the Men of Lille were now both behind and before and they were enclosed in a narrow straight Passage beside so that on each Flank also they lay open to the Enemies shot among bushes hedges and ditches that they could neither turn backward nor forward nor yet have convenient Ground to fight it out on And however well they might behave themselves 't was impossible they should get off because perpetually fresh Men flow'd in upon them under the Conduct of the x Charles Allâ—yne in Câ—efty 〈◊〉 p. 7. Lord of Rambois so after some Resistance they were all taken of necessity and with them a young Esquire of Limosin named Raymund Rogerii Nephew to Peter Rogerii then Cardinal and shortly after Pope of Rome by the Name of Clement VI. This young Gentleman having yielded himself prisoner was afterwards slain in Cool blood by the Frenchmen for greediness of his rich Arms and costly Apparel This is the manner of the taking of the Earl of Salisbury and the Earl of Suffolks y Dugd. 2 Vol. p. 48. b. eldest Son not as is commonly said of the Earl of Suffolk himself as Froisard hath deliver'd and truly it would not seem improbable neither but upon these accounts that it is hardly credible two such Great Captains as these were known to be should erre so much against the Rules of War in being so rash and careless and besides the way from Ipres to Greetsberg by Ryssel or Lille is the farthest way about by much and shews that Sr. Vauflart had rather a mind to expose them to their Enemies both of Lille and Tournay than to guide them the nearest and safest way Which had been by passing from Ipre to cross the Skell about Courtray a Garrison of their Friends to keep the left hand till they came to the place of Rendezvous which was not above 4 leagues beneath Aelst or Alost on another Arm of the Skell Wherefore having a more probable Account elsewhere of the taking of these Men I shall set that down also leaving the Reader to judge which Opinion seems most preferable Immediately after Easter the Earl of Salisbury and the Earl of Suffolks Eldest Son called Robert Vfford le Fitz went and laid Siege to the Town of Lille in Flanders z 〈…〉 4 Vol. p. 244. so called from its Scituation among Lakes which are now dri'd up that Town holding then for the French and being furnished with a good Garrison Hereupon full of Courage one Day they made a vigorous a Walsingh 〈◊〉 p. 133. Stâ—n 236 Sally upon the Besiegers but whether really overpower'd by the English or only in Policy pretending so to be they at last retir'd in great seeming Confusion much faster than they issued out The two English Lords as the Nature of Man is presuming belike on their late frequent Successes hoped by pursuing them close to enter with them Pell-mell and so to be Masters of the Place With this Design they follow'd the Townsmen close at their heels themselves being follow'd but by a few of their Troops that were then in readiness thô greater Numbers were hasting on to second them But as soon as ever the two Lords with a few about them were got within the Gates down fell the Armed Portcullis from behind them and in their Face they met with a great number of Men of Arms besides that those who lately fled from them return'd upon them now with greater vigour So that immediately they were both taken and sworn Prisoners with their Men and then clapt in Irons and laid in the Town-Hall Prison or common Goal till it might be resolv'd what to do with them At last it was determin'd that these two Illustrious Captives being fetter'd and shackled with Iron should be sent and presented to the French King as a lucky Hansel of his future Success As they were b Dugd. 1 Vol. p. 64â— b. convey'd to Paris they were drawn in a Cart thrô the midst of every Town Village or Hamlet in their way with great shouts and cries of the Vulgar and scoffs and railings of the rascal sort of People Being c Stâ—â— p. 236. at last brought into the King of France's Presence he most unworthily commanded they should be put to Death but to this the most Noble King of Bohemia John of Luxemburgh oppos'd himself with words to this effect Sir if these Gentlemen your Prisoners were not Persons of as high Merit as Quality I should not take much notice of them at this time thô I should hardly allow of putting the most mean or undeserving Enemy to Death in cold blood They are indeed as Matters now stand open Enemies to your Majesty but they are Honourable Enemies however and such as never fought against you but in their Liege Masters Quarrel nor then till open Defiance had been made Nor were they taken so much by the Valour of your Subjects as thrô an excess of their own and that too by a subtle Contrivance of their Adversaries nor even then perhaps had they so tamely yielded but that they believ'd they should not fail of being used like Prisoners of War. Let not the most Christian King of France prove more severe and less just or honourable than even his Enemies suppos'd him to be Beside the Event of War is uncertain and the King of England is not only himself of great Puissance but has gained strong Allies in the Empire so that he may be suppos'd able to return like for like If these Men therefore should now die who of your Lords would willingly fight in your Quarrel since if taken they must never expect to be put to Ransom but in Revenge of these Mens Blood to inevitable Death Nor are your Enemies only like to resent this Action if you proceed severely but the better Part of your Friends also as you may guess from Me who am the First that blame this Resolution of yours against them To kill those that resist is Valour and Justice but to put those to the Sword who have laid down theirs is both cruel and ungenerous It may be any Mans fortune to be taken Prisoner but it will be an eternal Blot to that Conqueror who destroys those in cold Blood whom the Law of Arms makes only Prisoners of War. My Royal Friend and Brother let us resolve to be valiant Enemies but Mercifull Victors at least let us forbear these unreasonable Severities till we are first provoked by the example of the English to use them King Philip being convinced by these Reasons of his Old Friend the Heroick King of Bohemia revoak'd the Sentence of their Death but however d Walsingh hist p. 134. committed them to close Prison He sent also to thank the Garrison of Lille for this agreeable piece of Service and promis'd them
Your Selves herein that We may have cause to commend Your Care and Diligence Witness Our Self at Westminster the Twelfth day of February in the Year of Our Reign over England the 15 and over France the 2d. In Answer to this the Archbishop return'd the same Defence he had made in the Pulpit at Canterbury only mutatis mutandis with this Preface directed to the King viz. IX b Antiqu. Brit. p. 227. c. To his Dread Lord EDWARD by the Grace of God of France and England the most Illustrious King John by Divine Permission his humble Minister of the Church of Canterbury once Temporally but now more in the Lord wisheth Health both of Soul and Body and evermore to persevere in Good and Manfully to Resist envious and wicked Suggestions which easily corrupt Good Manners There are two Things whereby the World is principally governed the Holy Pontifical Authority and the Royal Power Of which the Burthen incumbent upon Priests is so much more weighty and sublime by how much at the Divine Scrutiny they are to give an Account even concerning Kings themselves And therefore your Majesty ought to know that You depend on their Judgment not that they can be directed by your Will. For who doubts but that the Priests of Christ ought to be accounted both Fathers and Masters of Kings and Princes and of all the Faithfull Is it not look'd on as a sign of a deplorable Madness for a Son to endeavour to bring under his Father or a Scholar his Master And that many Prelates have Excommunicated some of them Kings others Emperours the Canonical Authority of the Scriptures testifies And if you enquire for any thing particular of the Persons of Princes the blessed c c Innocent l. Papa Rom. flâ—ruit circa An. Chr. 404. Innocent smote the Emperour Arcadius with the edge of Excommunication because he consented that St. John Chrysostom should be violently expelled from his Seat. And the Holy Ambrose Archbishop of Milain for a fault which to other Priests seem'd not so very enormous bound the Emperour Theodosius the Great in the Bond of Excommunication who afterward having first given convenient Satisfaction obtain'd Absolution And in more convenient time and place many more Examples of the like nature may be produced Whatsoever Priests therefore offend by Error meerly humane which doth no way trespass upon the Faith of Religion it seems that they neither can nor ought to be punished by the Secular Power For it is the part of a good and religious Prince to restore broken and bruised Churches to build new ones to honour and with all respect imaginable to defend the Priests of God like unto Constantine that pious Prince of most Happy Memory who when the Complaints of Clergymen were brought unto him said You can be judged of None that is none of the Secular Judges who are reserved to the judgment of God alone according to the Assertion of the Apostle saying d d 1 Cor. c. 2. v. 15. The spiritual Man is judged of no man. Let your Majesty therefore consider what and how great the Punishment of that Son ought to be who uncovers the nakedness of his Father and wickedly defames his innocent Parent to whom as is premised he ought to yield all reverence and honour For the Pagan Princes after their manner yielded and do yield no small Honour to the Prelates of their Temples and Idols whom they termed Flamins How much more ought Christian Princes Worshippers of the True God and of the Christian Faith to reverence the Ministers and Prelates of Christ But alas in a preposterous and unnatural way the Honour which on Occasion of the Dignity wherein we thô unworthy preside ought unto us as unto your Father to be yielded is turned into Reproach the Respect into Reviling and Reverence into Contempt While You sent your Royal Letters Patents sealed with your Royal Seal or rather notorious Libels spitefully dictated and written by our Enviers and Enemies containing various crimes and many enormous Matters and false-invented Reproaches against us to our infamy as plainly by the reading thereof may appear to all the Suffragans of our Province of Canterbury Deans Abbots Priors and their Chapters and other Ecclesiasticall Persons to be published to the great Affront of us I hope and not of God himself That so the Devotion of our Flock toward us might wax cold and their Obedience be turned into Contempt From which unexpected not to say detestable Deed it evidently appears to all that behold it how the Royal Power which proceedeth from the Lord according to the saying of the wise King Solomon e e Wisd of Solomon c. 6. v. 1. 3. Hear ô ye Kings and understand Learn ô ye Judges of the ends of the Earth For Power is given unto you from the Lord and Soveraignty from the most High doth now presume to judge even the Lord God himself in the Persons of his Ministers and Priests not only to the violation of the Divine Law but against the Ordinance of God of humane Law and natural Reason and doth condemn its Spiritual Father and the chief Peer of the Land being not called not convicted and by your Record to use the vulgar word unheard to the hazard of your Soul to the exceeding prejudice of all us Peers and of all the People of the Land. Nor let any one maliciously accuse us that being conscious of our own Guilt we seek to hide our selves lest we should be obliged to bear the brunt of your Objections For the most High knoweth that we heartily desire to see you above all mortal Men that all Flattery remov'd we may intimate unto your Highness the dangers both of You and of your Kingdom and the Affection and loving Hearts of your Subjects and advise You that your Actions I wish they were all Praise-worthy might be as a Light to others according to that of the * * Claudian Regis ad exemplum tâ—tus componitur â—rbis Wise Man The World is by a King's Example sway'd And also that upon beholding our Face You might call to mind those Services which lately we have performed in your Employs carefully and Faithfully according to the Conscience of our Soul so God help us in the last Trial when all Men shall f f 2 Corin. c. 5. v. 10. stand before his Tribunal to receive the things done in their Bodies according to that they have done whether it be good or evil And especially that before You the Prelates Barons and Peers of the Realm we might set forth our Reputation which by your Letters and Libels aforesaid is basely torn and bespatter'd purged true and pure as I call God to Witness it is to Publique Knowledge But upon notice that certain of your principal Counsellors near your Person have given forth menaces of Death against us who are in this Land not as Joseph was in Egypt but like Tyrants now adays domineer in the Throne after
the Matter was kept very close and none but his Council knew certainly of it for he had not been above Eight or Ten Days abroad in all and the Nantois thought he had visited some other Parts of his Dominions that while VII When the Lord n Prois c. 69. Charles Castillion commonly called Sr. Charles of Blois who look'd upon himself as true Heir of Bretagne in Right of his Wife heard of all the Conquests that the Earl had made in that Country which he took for his own he addrest himself to his Uncle King Philip to complain of these Injuries The King deliberating what course to take in this Affair was in the end counselled to summon the Earl of Montford by sufficient Messengers to make his Personal Appearance at Paris by such a day there to answer to what should be objected against him in the Chamber of France Messengers were accordingly sent who found him at Nantes keeping of a Solemn Festival Here he treated them highly and then having well understood their Errand answer'd that he would punctually obey the Kings Commandment Soon after being prepared for his Journey he rode from Nantes toward Paris with a Princely Equipage of 400 Horse in his Company The next day after his Arrival he rode with this Great Attendance to the Palace Royal Where the King and the 12 Peers with other High Lords of France expected his coming with the Young Lord Charles of Blois in their Company The Earl was conducted to the Kings Chamber being highly regarded and civilly saluted in his Passage thither by all the Lords for the Fame of his great Exploits and the Grandeur of his Person When he 〈◊〉 before the King he enclin'd his Body something low and said Sir I am come hither in Obedience to your Command and Pleasure The King answer'd Earl Montford for that you have so done I give you thanks But I wonder how you durst take upon You the Dukedom of Bretagne whereunto you have no Right For there is another nearer than your Self whom you seek to disinherit And to maintain your unjust Quarrel by Violence you have been with mine Adversary the King of England to whom as I am enformed you have done Homage for the same The Duke who thought it impossible that the King should know this Conveyance of his reply'd not without some Confusion Sir I beseech your Majesty not to believe any such Matter for You are not rightly informed as to that Point But Sir as for the Right which You mention saving your Displeasure You do me wrong to question it For Sir I know of none living so near to my Brother deceased as my Self And if it can be made appear by Right Law and Judgment that there is any Person nearer than I am I am not He that should rebell against Reason or be asham'd to renounce what I had unjustly usurped Well Sir rejoyn'd the King you say well But I command you in whatever you hold of me not to stirr from this City of Paris these Fifteen days in which space the 12 Peers and Lords of my Realm shall consider impartially on the Matter And then you shall know where the Right lies And if you shall presume to do otherwise be assured we shall not be Friends The Earl having promis'd all should be at his Pleasure went from the Court home to his Lodgings to Dinner But having din'd he mus'd much with himself in his Chamber and thought he had done too rashly in coming thither where he should be oblig'd to stand to the Award of such as were byass'd another way At last being o Mezeray p. 18. disguised like a Merchant and only three in his Company he privately took horse in a clear Night and leaving the City got home into Bretagne before the King or any else knew what was become of him Being come to Nantes he shew'd unto his Countess what he had done and wherefore and then by her Advice he rode about to all the Towns and Fortresses which he had won and set over them Vallant and Loyal Captains with sufficient Numbers of Souldiers Horse and Foot and gave them large Wages before-hand VIII For some p Prois c. 70. time the Court of France thought he had been detain'd in his Lodgings by some Indisposition seeing his Servants constantly about the House and tending his Affairs as if present But they also getting off by degrees when his Departure was fully known it may be guessed how deeply King Philip resented this Affront But for all that he kept so much decorum as to tarry till the 15th Day came whereon the Peers were to give their final Judgment concerning the Dukedom of Bretagne At the time appointed the Case was adjudged clearly in behalf of Sr. Charles of Blois his Lady Jane who was Daughter and Heir to Guy Earl of Pentebria Brother German to the Duke last deceased and therefore was now declared to have more Right than John Earl of Monford q Catal. Honer p. 6â—4 who was Younger Brother to the said Ladies Father by a second Venter namely by Violanta sole Daughter and Heir of Almaric Earl of Narbon and Montford They alledged further that althô the Earl of Montford had had the Right yet now he had forfeited it on two Accounts First because he had received the Dutchy of another Lord than of the French King of whom only he ought to hold it and secondly because he had broken the Kings express Command and disobeyed his Arrest in going away Wherefore neither would they r Mezeray p. 18. admit of his Request which was to accept of his Procuration whereby he had left One as his Deputy to manage this Matter in his Behalf From which Judgment it being manifestly influenced by King Philips Authority that Prince was much Å¿ Giov. Villani l. 11. c. 142. censur'd of injustice by those who allow'd the Ancient Order and Custom of the Baronages of France and the Salique Law especially since it was contrary to that very Judgment by which He himself had been Declared and Crowned King of France Since if Charles of Blois had the Right to the Dukedom of Bretagne by his Wife Daughter to the last Dukes Brother German much more had King Edward of England the Right to the Crown of France by his Mother sole Daughter and Heiress after the Death of Lewis Hutin Philip the Long and Charles the Fair her Brethren of Philip the Fair King of France But Prejudice is so strange a thing that it byasses the Minds of the Great and the Wise Men of the World by representing Falshood and Injustice under the specious Titles of Fair and Equitable unless there be present an Awe of Religion and a Sense of Honour and Conscience to suppress those selfish Considerations IX However as soon as this Judgment was thus given King Philip called unto him the Young Lord Charles of Blois and said to him Fair Nephew you have a fair and large
The Pope writing about the Matter of Provisions gains ground III. King Edward begins his Round-Table at Windsor with the Description Antiquity and Gradual Encrease of that Castle King Philip in Emulation hereof sets up also a Round-Table at Paris IV. The Round-Table of Windsor being the Seminary of the Order of the Garter which was Instituted Five Years after the said Order is here enquired into its Original as vulgarly given exploded and One far more Ancient and Mystical Asserted V. The time of this First Round-Table of King Edwards with the Manner of its Solemnity The Death of William Montagu Earl of Salisbury occasion'd thereby with an account of his Worth Pedigree and Issue VI. King Edwards Buildings at Windsor and his Institution of the most Noble Order of the Garter with the Names of the First XXVI Founders VII A short View of the Honour of this most Noble Order and how many Foreign Princes c. have been thereof VIII Word brought to King Edward how King Philip of France had put to Death several Lords of Bretagne his Friends IX King Philips cruelty to the Messengers of this News and King Edwards Raillery on his Tax upon Salt. X. King Edward sends a Defiance to King Philip. XI But is Alarum'd from all Parts to look to himself The Pope makes Don Lewis of Spain Prince of the Fortunate Isles XII King Edward sends Forces into Gascogne Bretagne and to the Frontiers of Scotland XIII And sends a Remonstrance to the Pope with the Popes Endeavours to pacifie him and the Sum of a Parliament at Westminster XIV The Earl of Darby Lands in Gascogne His Actions XV. His Triumphant Return to Bourdeaux He takes King Philips Lieutenant before Auberoche XVI Queen Philippa of England deliver'd of a Daughter John Earl of Montford acquitted his Prison Oliver Lord Ingham Senescal of Bourdeaux dies His Issue I. NOW it is to be remembred that whereas in the Articles of the Truce AN. DOM. 1344. An. Regni Angliae XVIII Franciae V. it was agreed that each Party should send their Commissioners to the Court of Rome in order to hold a Treaty of Peace before the Feast of St. John Baptist or the 24 of June following King Edward upon more mature Deliberation and Advice wrote unto the Pope a Oderi◠Rainald ad an 1343. §. 24. desiring the Term to be prolonged unto the Nativity of the Blessed Virgin or the 8 of September That in the mean while the Earl of Montford who in the beginning of the Wars of Bretagne had been taken Prisoner at Nantes might be restored to his Liberty and that King David of Scotland might be admonished to keep the Truce Religiously But whatever King Edwards Meaning hereby was the Pope being jealous that he had his thoughts upon War b Tem. 3. Secr. Epist 718. extat etiam in M.S. Arch. Vat. de rebus transmarin p. 63. Odoric Raynald ad an 1344. § 4. wrote earnestly unto him in the beginning of this Year taking occasion from the late Winning of Smyrna from the Turks by the Christians to exhort him to turn his victorious Arms against the Enemies of Christendom where he should find such matter for his Sword as would crown his Name with Immortal Honour And that he would seriously resolve on Peace with France in order to distress the Pagans Dat. Avin Kal. Februarii Ano. Pontificatûs nostri III. To the same purpose also he wrote to the French King who according to the First Agreement made in the late Truce sent his Ambassadors to the Court of Rome at Avignion where they were punctually met by King Edwards Commissioners c Ashmole's Garter p. 653. Walsingh hist p. 153 Holinshead p. 921. who were Hugh le Despenser or Spencer Lord of Glamorgan Ralph Lord Stafford William de Norwich Dean of Lincoln Sr. William Trussel and Andrew Hufford a Civilian Their Commission bearing Date 20 Maii gave them Authority to treat in Presence of the Pope not as a Judge but private Person and Friend to both Parties with the Agents of his Cousin the Lord Philip de Valois upon the King 's Right to the Crown of France as also upon whatsoever Dominions Dignities Honours Lands Possessions Places and Rights appertained to Him concerning which any Controversie had risen between them or was like to arise And d Ashmole ibid. on the 19 of August following another Commission issued forth containing the same Powers to Henry of Lancaster Earl of Darby Thomas de Beauchamp Earl of Warwick Robert de Vfford Earl of Suffolk Hugh le Despenser Lord of Glamorgan Ralph de Nevil Bartholomew de Burghersh John le Grey de Ruthyn Reginald de Cobham and Thomas de Bradestan Barons of the Realm William de Norwich Dean of Lincoln John de Hufford Archdeacon of Ely Robert Herward Archdeacon of Taunton and Andrew de Hufford Professor of the Civil Law or to any 12 11 10 9 8 7 6 5 4 or 3 of them who were to treat before his Holiness of the King their Master 's Right to the Crown of France not as before a Judge but only as a Private Person and Common Friend not in Form or Judicial Manner of Proceeding Here again was the Kings Right stated by the English before the Pope and several Cardinals with all the Arguments e § Dr. Stillingfleet's M. S. n. 8. which may be seen at large in the M.S. of the Reverend and Learned Dean of St. Paul's at the Title De jure titulo Regis Angliae ad Coronam Regnum Franciae Primò factum praesupponitur sequuntur Rationes Argumenta pro utrique Parte It begins thus Philippus Filius sancti Lodovici Rex Francorum genuit Philippum dictum Pulchrum Carolum de Valois Eidem Philippo filio sancti Lodovici successit in Regno Philippus Pulcher ipsius Primogenitus qui decessit relictu tribus Filtis videlicet Lodovico Philippo Carolo unâ Filiâ videlicet Dominâ Isabellâ Reginâ Angliae quae vivente Patre suo peperit Dominum Edvardum tunc Regem Angliae c. And so it goes on propounding Arguments and solving Objections of all sorts by the Laws of the Tables by Reason by Example and Scripture but because most of these things have been touched before we shall only instance a little in the Objection of his Homage done to the King of France and in the Famous Question of the Salique Law which latter was yet little on either Side insisted on in those days Nec Homagium quod fecit Rex Angliae Possessori Regni Franciae sibi nocebit quia prastitit Homagium ut Dux Aquitaniae ergo si veniat alio jure ut proximier Masculus in gradu non ut Dux sibi non nocebit Quia dicitur in Textu ei qui alio jure venit quà m eo quod amisit non nocet id quod perdidit sed prodest id quod habet c. Praetereà praestitit Homagium ut Ducatum
Paris to the King his Brother At that time it was that the Archpriest found himself obliged to make use of all his Friends to excuse him to the King who was much offended at him because he was not present in the Battle of Cocherel but now being admitted into the Presence he made it appear that he was bound by Oath not to be armed in Person against his Friend the Captal who himself at the request and instance of the Lord of Albret had been a little before released of his Imprisonment only upon his Parole and being by this time sufficiently convinced that he had unjustly suspected the Archpriest's Faith was now very serviceable in helping to make his excuse to the King and to those Lords of the Council that held him in suspicion Besides all which the Archpriest himself not to mention the many great Services he had formerly rendred to the Crown of France had lately near Dijon in Burgundy overthrown 300 Companions robbers of the Country whose Captains were Guyot du Pyn Taillebert of Talleboton and John de Chafour About this time the said King Charles of France caused the Lord Peter of Samville who had been taken in the Battle of Cocherel to lose his Head in the City of Rouën and had served the Lord William of Granville in the same manner had not his Son Sr. Guy of Granville threatned the Lord Beaumont de la Val then his Prisoner with the like severity Whereupon that Lords Kindred and Friends made such earnest suit to the King that he was content to deliver the Lord Granville in Exchange for the Lord de la Val as we said before XIV Soon after the foresaid Battle of Cocherel Sr. Bertram of Clequin bought the strong Castle of Rolebois for the Sum of 3000 Franks which he paid to Sr. Vantaire Austard the Captain thereof whereupon he return'd quietly into Brabant from whence he came Yet there were other Troops of Companions that held still together in Fortresses in Normandy le Caulx Perche Beausse and other places which prov'd very incommodious to the Realm of France some of them making War in the Name of the King of Navarre others on their own account only to get spoil and to rob without Law or Reason Wherefore King Charles q Frois c. 223. Guil. Paradin Annal. de Bâ—urgâ—gne l. 3 p. 252 sent his Brother the Duke of Burgundy against these Pillagers commanding him to root them out of the Land in order whereto the said Duke made his Rendezvous in the City of Chartres Soon after he took the Field his Forces consisting of 5000 Men of Arms besides Footmen and others among whom were Sr. Bertram of Clequin Sr. Bouciquault Marshal of France the Earl of Auxerre the Lord of Beaujeu Sr. Lewis of Châlons Sr. Edmund of Pamiers Sr. Lewis of Ravenal the Lord of Beague of Vilaine Sr. Nicolas du Line New-made Master of the Crossbows Sr. Edward of Renty Sr. Ingelram of Hesdin and many other Eminent Captains When they found themselves so strong they thought to divide into Three Bodies One whereof consisting of a 1000 Men of Arms Sr. Bertram of Clequin led into Coutantine even to the Marches of Cherburgh to keep the Frontiers there that the Navarrois should not pass to endamage the Country of Normandy and with Sr. Bertram were the Earl of Auxerre and the Earl of Joigny the Lord Arnold D'Endreghan and many Knights and Esquires both of Bretagne and Normandy The Second Body was committed to the Lord de la Riviere with whom were many good Knights and Esquires of France and Picardy as Sr. Hugh de Chastillon the Lord of Samny Sr. Matthew of Roye the Lord of St. Eloy the Lord of Crespy the Lord of Campy Sr. Edward of Renty Sr. Ingelram of Hesdin Sr. Monsange and others to the Number of 2000 Men of Arms and these were sent into the Earldom of Eureux but the Duke himself with the remaining 2000 Men of Arms and a vast Number of others went and laid Siege to Marcheville in Chartraine a strong Castle held by the Navarrois against which he carried many Engines from Chartres which perpetually play'd upon the Castle with huge stones to the infinite trouble of those within XV. While these Three Armies were thus in Beausse and in Normandy making War against the Navarrois the King of Navarre was not asleep as to his own Defence The Lord Philip of Eureux his Brother was dead indeed a little before this but he had another younger Brother called Lewis of Navarre of no less towardliness for the War nor less addicted to his Interest This Lord Lewis had likewise defy'd King Charles of France because the War which the King his Brother undertook did also concern a good part of his Inheritance After the Battle of Cocherel he made his Musters on all hands and wan certain notable Captains of the Companions to enter his pay so that by this he was at least 1200 Spears strong The Chief Captains of which Troops were Sr. Robert Knolles and Sr. Robert Cheiny Knights of England and Sr. Robert Briquet of Larsuel but as yet Sr. Robert Knolles had not joyn'd him However his Forces encreased daily his Head Quarters being between the Rivers of Loire and Allier so that he overran a great part of the Country of Bourbonnois as about Moulins St. Pierre le Moutier and St. Pourcain One day 300 of his Men having Sr. Bernard de la Salle and Ortingo for their Captains went and passed the Loire hard by les Marches and rode till they came to la Charité on the River Loire a Town large and well-enclosed which they immediately enter'd by Scalado but stood still together in one place till the Morning for doubt of some Ambush laid to entrap them by the Townsmen whom they heard to be in a perpetual hurry The mean while the Townsmen giving up the Place for lost only took care to convey all their best Moveables into Boats which were ready in good Number on the Loire and so before Morning got off with them their Wives and Children and went to Nivers which was not above six Leagues from thence When it was day the Navarrois English and Gascogners that had thus scaled the Town marched thrô the Streets where they found all the Houses void However they determin'd to keep a Garrison there and make it more defensible because it stood so opportunely to command the Country on both sides the Loire Wherefore presently they sent word to Prince Lewis of Navarre who was then in the Marches of Auvergne for a Reinforcement and he furnish'd them with 300 Spears who were led by Sr. Robert Briquet and passing thrô the Country without the least Opposition went over the stone Bridge and entred la Charité And now being all together they thought themselves strong enough to make good the Place and so began to fortifie apace and to ravage about to let the Country know who they were XVI All this
Pedro to Corunna in Galizia where according to the Date of his Letters and the Confession of his Deputies He then was and that this Fleet should take in him and all he had and bring them safe to the City of Bourdeaux Where the Prince might more at leisure understand the Particulars of his Request and by Personal Conference remove all Scruples and so accordingly take such Measures as should seem most agreeable V. The Prince approved very well of this Counsel and forthwith order'd that it should be put in Execution as soon as possible The Fleet was to consist of Twelve Men of War well furnished with Archers and Spears the Admiral whereof was the Lord Thomas Felton and the Vice-Admiral the Lord William Latimer with whom were joyn'd Sr. Richard Pontchardon Sr. Nevale Loringe Sr. Simon Burley Sr. Richard Burley and Sr. John Burley all Brethren and other Men of Worth and Valour who made all the haste they could to have this Fleet fitted up for their Voyage to Galizia All things being ready they went to Bayonne with Don Pedro's Messengers in their Company and here they tarried four days for Wind and Weather On the Fifth Day just as they were hoising Sail King Pedro himself arrived in the Port of Bayonne with his Three Daughters for his Wife was lately Dead a few of his Men with him and such Treasures as he had The occasion of his so unexpected Coming was because he durst not stay at Corunna any longer for fear Don Henry should understand that he was there and also because he knew that by this time the Prince must have seen his Letters wherefore he thus adventur'd to fling himself into the Hands of One whose Honour he doubted not would oblige him to defend a suppliant VI. When the English Lords and Knights heard of his Coming they presented themselves unto him and bad him Welcome and shew'd him much Reverence and respect and the Lord Thomas Felton told him that they were just then ready by Command of the Prince their Lord to have made a Voyage unto Him to Corunna or where-ever else he should have been to have convey'd him in safety to the Prince Don Pedro was much refreshed at this report and said He most heartily thanked the Prince as he did likewise all those Noble Knights and Gentlemen there present Sr. Thomas immediately dispatched away word to the Prince of Don Pedro's Arrival at Bayonne whereat he was well pleas'd and the next day the King of Castille was conducted by the English Knights towards Bourdeaux Upon News of his approach the Prince who mightily desired to see his Cousin of Castille rode forth from his Chief City with a goodly Company of Knights and Gentlemen of his Court and went and met the King at the Good Town of Belin standing on the u Or L'Frre Leyre where he shew'd him extraordinary Respect and Reverence such as is due to Crowned Heads For x Frois c. 231. fol. 128. there was no Prince in his Days that understood or practis'd Civility and Honour better than Him. After a Royal Feast which was provided ready at the design'd place of Enterview the Prince took Horse and the King with him and so they rode toward Bourdeaux the Prince all along giving the King the Right Hand he would by no means suffer it to be otherwise This was the true way of Judgement to look upon Persons not as they were thrô the Circumstances of Fortune a Prisoner of War as the King of France had been or a poor Deposed Exiled Prince as this Don Pedro was now but as they were indeed as Gods Vicegerents and bore the Distinguishing Character of Sacred Majesty As they rode thus together King Don Pedro declared very pithily how his Bastard-Brother had driven him out of his Realm of Castille and he mightily exclaim'd on the great Defection of his People and the Disloyalty of his Grandees shewing how they had all forsaken Him except that Loyal Knight which was there with him named Don Hernando del Castro The Prince with much Discretion began to comfort him desiring him not to be too much dejected or cast down for thô as then he had lost all yet he trusted God Almighty was able to restore him to all again and to give him besides an opportunity of taking Vengeance of his Enemies Thus they discoursed all the way till they came to Bourdeaux to the Stately Abbey of St. Andrew where the Prince and Princess kept their Court. And immediately the King was conducted to a Fair Chamber ready prepared for his Apartment When Don Pedro had here changed his Apparel he went to pay his Respects to the Princess and the Great Ladies with her of whom he was received with extraordinary Courtesie I purposely omit all the Masks and Balls Feasts Sports and other Entertainments and Diversions wherewith the Generous Prince of Wales and his Beautifull Princess sought to mitigate the troubled thoughts of the Unfortunate Don Pedro and shall make haste to declare how this Exiled King succeeded with the Prince his Cousin whom he found very full of Concern for him and ready to embrace his Interest heartily althô some of his Council advised him to the Contrary as we shall now see VII Before Don Pedro himself was come to Bourdeaux several Discreet Persons of the Princes Council as well Gascogners as Englishmen who sincerely sought both his Welfare and Honour and resolv'd while they liv'd to do so spake to him such words as these to divert him from abetting that unhappy Prince's Quarrel Sir said they Your Royal Highness hath often heard That He who embraceth much hath the weaker hold Now it is most certain that You are a Prince the most Praised Honoured and admired of any in the World and that on this side the Sea You possess large Territories and Dominions Blessed be God! in full Peace and Tranquillity There is no King either far or near that dares at this present displease You Your Name is so renowned for Noble Chevalry Success and good Fortune It would therefore well become Your Princely Wisdom to rest Content with what You have and not to attempt any thing that may lessen You either in the Esteem or the Affections of the World. Sir this We say not without a good Design For We are very well informed how Don Pedro King of Castille is a very haughty Person exceeding Wicked and Cruel and abounding with many evil Qualities and he hath caused many Noblemen to lose their Heads and to come to an untimely end without the least Law or Reason and hath put to Death as it is reported thrô all Spain his own Queen your Cousin Daughter to the Duke of Bourbon And besides all this he is look'd upon as an Enemy to Holy Church and hath incurred the Censures thereof before now and at this time also stands again Excommunicate by the Pope of Rome and hath all along reign'd as a Tyrant and without the least pretence of
and reasonable for the Prince to take upon him the Protection of the King of Spain and thereupon Credential Letters were framed directed from the King of England and his Council to the Prince of Aquitaine and his Council and the Duke of Lancaster had leave to go over to visit and confer with the Prince his Brother whom he desired to serve in this Expedition So the Messengers returned with these Letters and the Duke in their Company and came to Bourdeaux where they found the Prince and Don Pedro to the former of whom they deliver'd their Letters from the King his Father Upon this a new day was forthwith assign'd for the Parliament to sit again at which time there assembled at Bourdeaux all the forenamed Lords of Aquitaine and Others that were Summon'd thereto And then the King of England's Letters were openly read in full Parliament The Purport was this That the King and his Council were well pleased that the Prince his Son should in the Name of God and St. George seriously undertake to restore King Don Pedro to his Throne and Heritage which his Bastard-Brother had wrongfully taken from him without either Law or Reason and as it appeareth traiterously deposed him That the King thought himself obliged to wish his Son to do thus much for his Cousin the King of Castille not only for the sake of Justice and Honour but also for the Common Interest and Right of Kings and especially because of certain Alliances Treaties and Confederations heretofore made between them which imported a mutual Assistance in case of Necessity if either Party were thereto required Wherefore he desired all his good Friends and Subjects in those Parts to be Aiding and Assisting to his Son the Prince in that Matter as well as if he himself were there and undertook the Expedition in his own Person When the Nobles and Captains of Aquitaine heard these Letters read dictinctly and perceived the pleasure of the King and of his Son the Prince their Lord then they all readily gave in their answer with one consent Sir We shall gladly obey the Command of our Sovereign Lord the King of England and of Your Royal Highness it being our Duty so to do and therefore We now declare that in this Expedition We shall readily serve both Your Highness and also King Don Pedro. But Sir We desire to know from whom We are to expect our Wages for it will be difficult to oblige Men of War to go abroad into a strange Country without such kind of Considerations Then the Prince turned his Face to Don Pedro and said My Lord O King You hear what our Subjects say Pray please to answer them Your self as to this point For it is your Concern so to do To this Don Pedro answer'd Most Dear Cousin as far as the Gold Silver and other Treasure which I have brought hither with me and I 'll assure You 't is not the Thirtieth Part of what I 've left behind as far as that will go I shall now immediately resign that entirely to your Dispose to be bestowed among our Friends your Subjects And for what shall remain if God Almighty send Us Success I shall make full amends in all things of this Be this Honourable Assembly my Witness Sir said the Prince You say well and as Circumstances stand We can expect no more of You. As for the Remainder therefore I my self will be indebted to these Gentlemen and pay them as occasion shall require all which my Lord O King I shall lend unto You expecting to be repaid upon our good Success in Castille Hereupon Don Pedro renew'd his Promise to be more than Just in all manner of liberal Retributions acknowledging with many fair expressions of Gratitude the extraordinary Favour Grace and Courtesie which the Prince had been pleased to shew unto him X. Now in this Council there were many Noble Personages of great Experience in Affairs of that Nature and who especially understood the difficulties usually attending an Expedition into Spain Such as the Lord John Chandos the Lord John Greilly Captal of Busche the Earl of Armagnac the Lord of Pamiers and others who had been more than once in Spain to help the Good King Alphonso against the Moors These all concluded that it was absolutely necessary if they resolved to go into Spain to bring over the King of Navarre to their side For they could not pass but thrô his Country over the Pyrenean Mountains by the streights of Roncevaux Which Passage it was doubted whether they might obtain because Charles the Present King of Navarre and Don Henry the Bastard had lately made a strict Alliance together After much altercation upon this point also the Parliament was prorogued to another day when they were to meet in the City of Bayonne about six Leagues from the Confines of Navarre and the Prince was by his Ambassadors to request the King of Navarre's Presence at that Assembly So the Prince sent unto him the Lord John Chandos and the Lord Thomas Felton who behav'd themselves with such Discretion and gave him such Reasons that he faithfully engaged both by word of Mouth and also under his Hand and Seal not to fail on the appointed day of being present at the Parliament at Bayonne And with this News the two Knights returned to the Prince The day appointed being come there came to Bayonne King Don Pedro Edward Prince of Aquitaine and of Wales the Captal of Busche the Earl of Armagnac the Lord of Albret and all the Barons of Gascogne Guienne Poictou Quercy Rovergue Sainctogne and Limosin and thither also came Charles the King of Navarre in Person to whom the Prince and King Don Pedro shew'd extraordinary respect the rather because they design'd to prepare him for their opinion This Parliament sat thus at Bayonne five days together For the Prince and his Friends had much adoe to perswade the King of Navarre he being a Person of that temper as to be stiff and almost inexorable when he saw any One stand in need of him But at last when he consider'd the great Power of the Prince and that He who now desired him if too much provoked might compell him on certain considerations he was content to renounce the League he had made with Henry the Bastard and sware and promised under his Hand and Seal Peace Love and firm Alliance and Confederation to King Don Pedro as likewise Don Pedro did unto Him by the Prince of Wales his menagement and contrivance The Latter as true King of Castille engaging by Covenant then Engrossed and Sealed to give and restore unto the King of Navarre and to his Heirs for ever all the Land of y An Oregne Groigne as it lies on both sides the River and also all the Lands of Salvatierra with the Town Castle and all the Appurtenances Also the Town of St. John Piè du Port and the Marches thereabout which Lands Towns Castles and Seigniories he had before violently
Pedro's Cruelty returned him Letters with full assurance that thô he should lose half his Realm therefore he would make no Agreement with the Prince which should be to his Prejudice but that he would never come to any manner of accord with Don Pedro And further he promised to keep his Country open for all Men of War that would come to his Assistance but to close all the Passages against those who came to trouble or molest him All which promises he kept very punctually For when he knew that Don Pedro was abetted by the Prince and that the Companions were marching toward Bourdeaux to joyn them he presently stopped all the Passages of his Kingdom and kept them strictly and set Men of War on the Mountains to defend the Passages and Streights of Catalunna so that none could pass without exposing themselves to imminent Danger But for all this the Companions found another way thô they suffer'd many Hazards and Difficulties before they could get rid of those traps set for them in Aragon Yet at last they came to the Marches of the Earldom of Foix where they found that Countrey also closed against them For the Earl would not by any means permit such a sort of Pillagers to pass thrô his Land. XV. The mean while Prince Edward employ'd all his thoughts Night and Day how he might to his Honour perform this Expedition and now he was concerned how these Companions who had already proffer'd him their Service might be safely brought into Aquitaine for he heard how the Passages of Aragon were closed up and that now they were upon the Marches of the Earldom of Foix in much trouble and more danger Wherefore he began to doubt lest the Bastard Henry and the King of Aragon together should by thus streightly dealing with these Companions who were in all to the Number of 12000 Men prevail so as either thrô fear of Danger or Hope of advantage to oblige them to act on the other side which he resolv'd if possible to prevent because they were all Expert and Valiant Men. Then he determin'd to send the Lord John Chandos to retain them for his Service and also to treat with the Earl of Foix desiring him in the Prince's Name to do no harm to them on which account he promis'd him that whatever Damage they should do in his Country he would make him double Amends therefore This Business Sr. John Chandos undertook to do for his Lord and so he first rode to the City of Dax in Gascogne whence he continued his journeys till he came to Foix and here he so well menaged the Earl that he consented to all that he requested of him Then the Lord Chandos rode onward till he came to Belcayne where he found the Companions and fully agreed with their Captains and retain'd them to serve the Prince in his Spanish Expedition for such and such Considerations which the Lord Chandos engaged by Oath should be performed This done he return'd to the Earl of Foix again and desired him that these People being now retained in the Prince's Service might find no lett or hindrance from him but that he would freely permit them to pass by one of the sides of his Country The Earl of Foix who had a great Respect for the Prince besides that he held his Lands of him to do him a pleasure consented on condition they should do no harm by Spoil or otherwise to him his Lands or People Sr. John engaged they should forbear all Violence and Rapine and then he sent an Esquire and an Herald to the Companions with the Articles of the Treaty made by him on their behalf with the Earl of Foix after which he return'd to the Prince and gave him an account of his Success wherewith the Prince was well satisfied For he was very earnestly bent on this Expedition XVI The Black-Prince was now in the Flower of lusty Manhood being in the Thirty sixth Year of his Age of full Strength of Body and in perfect Health of undaunted Courage and Resolution all well temper'd with Experience and Discretion and he was never weary nor cloy'd with War from the first time he bore Arms but was always greedy of hazardous Enterprises and honourable Dangers But to say the Truth as for this Expedition into Spain wherein he intended to advance and resettle King Pedro in his Throne from which he had been deposed by Violence he was moved thereto from Principles of Honour and Equity and out of a compassionate Regard to Don Pedro's miserable Change of Fortune For however he might perhaps seem to deserve as bad or worse measure yet he rightly concluded that no Subjects much less a Bastard-Brother had either Law or Reason to call their Sovereign Lord to an account much less to punish him in such a manner He often spake to his Lords and Knights especially to the Lord John Chandos and the Lord Thomas Felton concerning this his intended Journey and particularly once he demanded of them what they thought of the matter And those two Lords answer'd him how indeed they thought nothing but well for the Cause was just and his Counsels proportionable to the end but they continued Sir without doubt this is a greater Enterprise beyond Compare than it was to thrust King Pedro out of his Kingdom For he was generally hated and when he thought to have made his Part good all Men forsook him But now at this present the Bastard King is actually possest of all that Realm and is confirmed the more strongly in the said Possession by being Master of the Hearts and Affections of all the Nobles Prelates and the whole Body of the Kingdom For they have unanimously received him for their King and his Children after him having for ever excluded Don Pedro and his Heirs and they have promised to uphold him in that Estate to the utmost extent of their Lives and Fortunes Wherefore Sir it concerns You to take along with you a Royal Army for besides the Alliances which the Bastard hath made or may make You shall find the whole Power of Spain and Aragon against you These things said the Prince we have fully consider'd but what think you as to the Nerves of this War which ought not to be the last Consideration Sir replied the Lord Chandos I would advise your Royal Highness to break the best part of your Plate and Treasure of which you have great Abundance and convert it all to Money to bestow largely among the Companions and other your Souldiers because 't is only for your Sake that they are willing to go but as for Don Pedro they would not stirr a foot either for the Love they bear to his Person or the Faith they have in his Promises Besides all which You would do well Sir to send into England to the King your Father desiring him to furnish you towards this expensive Enterprise with an 100000 Franks which Summ the French King is obliged shortly to pay to
whom you call your Enemies and where are they In the Name of God said the Earl of Narbonne they are those Villanous Companions Robbers and Destroyers of the Country such as have ravaged about and wasted the Fair Realm of France without Law or Reason and they are now with you in Montauban And as for your part Sr. John if you were Courteous to your Friends and Neighbours you would not interest your self for such a sort of Rascals who spoil poor People without a Cause For such things oftentimes cause great and lasting Quarrels between many High Lords and Princes Therefore I pray thrust them out of your Fortress or else we cannot look upon you as a True Friend to the King of France or to his People My Lords answer'd the English Captain it is true there are some New-comers Men of War now in my Garrison but they were order'd to come thither by my Lord the Prince and are at this time by him retained for his Service Wherefore I shall not be so hasty to thrust them out of my Garrison And suppose heretofore these very Men have done you any displeasure yet I see not with what Justice you can come upon them now For they are Men of War and must live only as formerly they lived on the Realm of France now they are to be maintained by the Prince Then the Earl of Narbonne and Sr. Guy Dazay said hastily Yes yes we know they are Men of War and such as cannot live any where without Pillage and Robbery and such as have heretofore most barbarously ravaged our Country All which they shall dearly pay for if we can once meet with them in the Field for they have now lately since they have been retained by the Prince plunder'd rob'd burnt and done many bad Actions in the Marches of Tholouse whereof the grievous Complaints are come to our Ears So that if we should now wink at them we should be no better than false Traitors to the King our Sovereign Lord who hath placed us in these Parts to keep and defend this his Country from such Prollers as these are And pray tell them from Us that since we know where to find them we expect shortly to see them for if ever they stir out of your Garrison we will meet with them and then we shall oblige them to make us some amends or it shall cost us a little more This was all the Answer the Captain of Montauban could obtain wherefore he went back again to his Fortress extreamly displeased in his Mind and resolving for all their Threats not to alter his resolution of defending these Men as long as they would tarry with him And at his return he told unto them all the Words of their Enemies the Frenchmen When the Companions heard this News they began somewhat to doubt their Safety for being so few as they were they could not make Head against these Frenchmen however they were always ready and kept good Watch continually Now it chanced that five days after Sr. Perdiccas of Albret being to pass the way of Montauban with another considerable Body of the Companions for that was the best way to enter into the Principality sent word thereof to the Captain of the Town with whom he was well acquainted But when Sr. Robert Cheney and the Companions under him who were thus besieged by the Frenchmen heard these seasonable Tidings they were very glad and sent word privately to Sr. Perdiccas and his Men how the Frenchmen besieged them and had threatned them grievously and they also informed him who were their Captains and what Number they were When Perdiccas had received this particular account of his Enemies and Friends Condition he was not at all abashed but gather'd all his Men together and came and entred Montauban in the Night and was received with much joy by his Fellows and Sr. John Combes Then they all together took Counsel how to behave themselves and so 't was agreed that the next morning all the Companions only for the Captain of the City would by no means break the Peace should march out of the Town armed and go up to the Frenchmen and desire their leave to pass quietly but if they were denied then to put their Lives in their hands and endeavour to force their way This Resolution they put in practice for the next Morning they armed themselves sounded their Trumpets mounted their Horses and so began to march forth of Montauban The Frenchmen fell to Ranging themselves in the Field when first they heard the sounding of the Trumpets and the great noise made about Montauban so that these Companions had no way to pass forward but thrô the midst of them Therefore Sr. Perdiccas of Albret and Sr. Robert Cheney rode on before their Men and having obtained an Assurance went and spake with the Chief of their Leaders desiring That they would permit them being the Prince's Souldiers to pass by quietly as Friends But the French Lords answer'd How they desired not to hold any friendly Commerce or Communication with such Men as were Enemies to all Mankind protesting that they should never pass that way but with the Points of their Spears or Swords At this the two Captains retired unto their Men and the Frenchmen presently began their Cries and the Lords said aloud Advance Banners toward yonder Robbers and Pillagers who plunder all the World and live on the Sweat and Blood of other Men without all Law or Reason When the Companions saw that now it behoved them either to fight valiantly or to die with shame they alighted boldly from their Horses and ranged themselves on Foot before the Town of Montauban ready to receive their Enemies who also being ranged on Foot came now upon them Then the Archers began their Play and after that they all closed together and a strong and cruel Battle began and many a Feat of Arms was there performed and many a Knight laid along on the earth and the Fight was well maintain'd on both sides but the Frenchmen were at least Two to One. So that within a while they drove the Companions back into the Barriers which were held open for their Refuge by the Captains special Command And surely the Companions had been in no very good Case had it not been for the Captain of the Town for when he saw the Frenchmen presume to follow the Companions into his Town then he commanded all that could bear Arms to come forth and every Man to his Power to assist the Companions who were retained in the Service of their Lord the Prince Then the Townsmen and those of the Garrison armed and put themselves in Array and began to enter the Battle while the Women went into their Houses and ran up to the Battlements and Windows from whence they flang down upon the Frenchmen stones and pots of quick Lime so thick that they had enough to do to defend themselves with their Targets from Braining and some were slain
Garrison resolv'd to die every Man rather than to yield up the Place thô the Townsmen would gladly have received the French if they durst Wherefore the Captains of France sent to Tholouse for Four great Engines which they made ready and reared up against the Walls casting therewith both Night and Day massie Stones and huge pieces of Timber against the Fortress besides which they set their Pioneers a Mining But the Englishmen with great Courage comforted each other and slighted all their Art and Fury thô at last for want of Succour We shall find them to be taken only by reason of the Mines But for the present We shall leave them V. While these French Captains d Frois c. 252. f. 152. were thus busie in Quercy the Duke of Berry was in Anvergne with a great Power of Men of War the chief Leaders whereof were the Lord John of Armagnac his Uncle the Lord John de Villemur the Lord Roger Beaufort the Lord of Beaujeu the Lord Villiers the Lord of Semur the Lord of Tarascon Sr. Hugh Dauphin and many more who ravaged about the Marches of Rovergue Quercy and Limosin where they did much Harm and at first found no great Opposition And besides this application of Force there were not wanting other Arts not then so frequent in the World but since those Days very common which made use of the help of the Church to blow up a Fire of Combustion in the State. For the subtle Dukes of Anjou and Berry prevailed with the Archbishop of Tholouse who was a Politick and Learned Prelate to go to the City of Cahors of which place his Brother was then Bishop and here together these two Brothers so elegantly preached and set forth the Right of King Charles against King Edward's Pretensions that the whole City turned French and sware unto the French King Faith and Homage from that time And with these Arts the Archbishop rode about thrô the Country and every where took care to set forth the Equity of his Masters Quarrel with such advantage of popular Arguments and the Reputation which he added thereto from Religion and Scripture Proofs that together with the Terror of the Duke of Berry's Arms and those of the Duke of Anjou who hover'd thereabout he obliged no less than sixty Towns Cities Castles and Fortresses to submit to the Obedience of the French King who had indeed the cheif place in their Hearts before And as this Archbishop went abroad abetting and maintaining the King his Masters Cause in and about the Marches and Limitations of Languedoc So also in Picardy divers other Prelates and Clergymen brought the Right of the Two Kings into their Pulpits where they discussed the Matter so plausibly that King Edward was ever concluded in the wrong And the Common People who in those Days readily swallowed more Course Morsels than these were fully satisfied with all that was said thô in my Opinion it is not only below the Dignity of Princes to make use of such abject Devices but also no way corresponding to the same of Learning and Religion to appeal so fawningly to the Vulgar whom as they please they may easily cheat with false Colours But in France Dr. William Dorman was especially remarkable for these Tongue Victories for he rode about from Town to Town and from City to City and spake with such power and force of Rhetorical Insinuations and handled his Points so cleverly that all who heard him believed in a manner every Word he said and the Controversie between the two Kings was so artificially represented by him that the French King had apparently the Advantage on his side Besides all this King Charles himself was so moved with Devotion e Frois ibid. Mezeray c. that he not only caused Fastings and Processions to be used throughout his Realm by the Clergy but Himself also and his Queen would often attend them going barefoot and in all Churches there were put up continual Prayers to God devoutly requiring and imploring of his Majesty to assist and maintain the Right of the Realm of France which had suffer'd so great Tribulation for so many Years Nor was King Edward less Pious or less honourably Politick For he also used the same Method thrô his Kingdom the rather that his Subjects might be the more ready to venture their Lives and Fortunes in a Cause which they first understood to be Just and Right There was at that time one Dr. Simon Tibuld alià s Sudbury Bishop of London a Man very well seen in the Canon Law and the Scriptures and of great Eloquence who made many Sermons in the most publick places of the City declaring and proving unto the People that the French King had renew'd the War not only against his Oath but also against all Right and Reason with manifest Injustice Fraud and Perjury all which together with King Edward's Title to France he demonstrated with great force of Argument and Rhetorick to the ample satisfaction of all his Auditors And I must confess that it might not seem unnecessary for both the Kings to provide that their Subjects should be generally informed of the particulars of their Quarrel that so they might more teadily and with a good Conscience assist their several Masters in this War at which both the Nations were sufficiently alarum'd already And King Edward himself who was as well furnish'd with Wisdom as Valour nothing doubted but that this War would prove as great and as momentous as ever any he had been engaged in because of the Advantage which the French King had gain'd by surprising him thus as chiefly because of the new Method of this his politick Enemy and also of the Mutability of his French Friends Wherefore he thought it fit for his behoof to stirr up all his Assistants and Allies that might any ways lie opportunely to divert the impending Mischief And so he sent into Brabant and Hainalt to learn whether they would own his Quarrel or no and especially he desired Duke Albert of Bavaria who at that time govern'd the Country of Hainalt instead of his Elder Brother Duke William who had been for some time before Distracted and continued so to the day of his Death to open his Country upon Occasion and to let him go and come into France or tarry there if need should be with an Army Duke Albert at the Request of the King of England his Uncle especially because Queen Philippa his Dear Aunt urged him also thereto readily granted to have his Country open for the use of King Edward being not â—â—tle perswaded to this Matter by Edward Duke of Gueldres who was Son to King Edward's Sister Eleanor and had lately married Duke Alberts Daughter and with him concurred the Duke of Juliers who was Cosen German to the said Albert of Bavaria These two Lords were strictly bound to King Edward the one being as we said before his Nephew and the other the Cosen German to King Edward's Children and to
Collateral to her Brother King Charles being disabled to Succeed by a continued Custom of that Realm or by a Statute lawfully published which excludeth Women from Succession in the Kingdom whether Edward her Son or Philip Son of the First Charles who was Uncle to this Last King Charles should carry the Crown and Kingdom of France according to the Lawfull Rules of Succession In which doubtfull Case I shall first lay down certain Reasons on the Behalf of Philip But before other Matters because the whole Knot of the Business is rooted upon the Custom and Statute whereof I have spoken lest the Foundation should fail I will strengthen that Statute with certain Reasons and First thus This Statute as it is presupposed in the State of the Question was lawfully made and published the Nobility of the Realm being thereto called and all those who had any Right or Interest in this Case to be called So that it proceeded from the whole Council of the Realm lawfully assembled Therefore whether Authority to make Statutes be a Matter of meer or mixt Empire or else of simple Jurisdiction the Statute is of Force and Good i Arg. l. Illicicitus §. Qui universis ff de Offic. Prasid l. Hâ—manum C. de â—egibus l. Omnes populi ff de just jure junctis ibi nâ—tatis Barth in primâ questione principali saae repetitionis unà cum notatis ejusdem in l. Imperium in quaest suà quae incipit Quer. quibus Judicibas ff de Jurisdict Omnium Judic in Law. Again this Statute is greatly confirmed by the Apparent Profit which by the good Provision thereof is much procured to the Realm of France Lest if a Woman should succeed the Weakness of her Sex might become Fatal to the k Arg. ad haec Inst quibut alie licet non vel in Fi. primire State Whereto strongly maketh the Law Faeminae ff de Reg. Juris with other Laws which affirm l ff derpostuland l. 1. §. seâ—um junct ib. gl fac l. in multis ff de statu Heminâ—â— that Women must not exercise such Offices as appertain to Men. This is also made good in that Law which was in Force in the Middle Time of the Empire of Rome bearing more Favour unto Men in Succession of Collaterals of which Quality is this now in Question did sometimes dispose m Inst de Leg. Agnat succ §. Câ—terum ubi benè facit ratio ejusdem §. posita ibi Quod ideò C. de Leg. ber l. Lege XII Tab. that Inheritances should pass from one to another among the Male Kindred althô they were in a very distant Degree But the Women Kindred should then only succeed in case they were Sisters If they were more remote whether descended of Sisters or any other they were held incapable For if that Law could exclude Women Kindred from Lawfull Succession as it did because otherwise the Correction thereof comprised in these cited Laws had not been necessary for that which is not n ff de injâ—st rupt irrit test l. nam eâ—si cannot be abolished broken or corrected Then this o Arg. praemiss ff de Legibus l. non est novum l. de quibus cum similibus Statute may do the same in the Kingdom of France Again that the Right of a Kingdom is carried by Hereditary Succession or by Prerogative of Custom it is brought in only by Positive and Civil Law p Le. no. 8. q. 1. c. Moses ibi glo Archid. to wit Custom Therefore it followeth that it may be taken away by the same Law and consequently by the Law of this Statute q Ar. ff de Reg. jur l. Nil tam naturale Inst de jur natur Gent. Civ §. Sed Naturalia inst de legit Agnat tutela §. Fi. or Custom By which it seemeth to be as clear as the Light that the Lady Isabell could not come to the Crown of the Realm of France as being altogether disabled and excluded by Statute So then upon this Foundation thus laid beforehand many Reasons may be raised against King Edward For lawfull Successions proceed by Degrees that is from one Degree to another So that as a Man is nearer in Order of Degree so r Inst de legit Agnat Sâ—ccess §. Placebat ibi not is he stronger in Right of Succession But in Case of our Question the nearer and stronger Degree of Isabell is plainly disabled from Succession by Statute Therefore this Lawfull Succession as interrupted or stopped by Her cannot proceed to a further Degree viz. to King Edward Because Succession goeth on by Steps and not per saltum Å¿ In. tit qui feud da. poss §. quia facit l. ut Gradatim ff de munere oner injunct l. qui indignus ff de Senateribus as Baldus noteth And this Sequel is proved for t Lâ—tria praedia ff de servit rust praed that the Overthrow of Order is also the Overthrow of that which is to be Ordered And upon u ff de Officâ—ejus cui mandaest Jurisdictio l. 1. §. hajus rei argumentum Destruction of the Antecedent the Destruction of the Consequent doth ensue Again if King Edward should make Claim of any such Succession this must be by reason of the Royal Blood derived unto him from King Philip his Grandfather by the Mothers Side by the Mean of his Mother But the Mother had no such Blood in her self capable of Succession as it appeareth by that which hath been said Ergo x Arg. l. Nemo ff de Reg. Jur. l. traditio ff de acquirendo rerum Dommie She could not convey the same unto her Son. Again every y ff l. Plenum ff sinsus minister ii ff de usu hab Right by Derivation thereof is made more feeble Therefore if this Blood was not of Ability to succeed in the Mother as it appeareth before much less shall it be of that Ability being conveyed and deriv'd into King Edward The Form of Proof is taken à Majori ad Minus To the same Purpose an Argument may be drawn from z Filius familiâs ff de acquir Haered another Law where a Son being in the Power of his Father cannot appoint his Son and the Grandchild of his Father who holdeth Authority over both to take upon him to be the Heir of his Mother deceased upon Consideration of this Reason that the Father who giveth Authority is in that Case that by Himself in Person he cannot enter into such an Inheritance Therefore by parity of Reason in the Case of this Question the Mother Isabell cannot give Right of Succession to King Edward because by her Self in Person she is not able to succeed To the same purpose serveth the Law Filium habeo ff ad Senatusconsultum Macedonianum Again where a Nephew or Grandchild hath a Grandfather and a Father of divers Conditions the
Grandfather by the Mother to wit from King Philip. This is proved by that i ff de Interdict Relegat l. 3. Law where the Father being banished the Sons do not lose those Rights which proceed from their Ancestors or else from Nature And therefore they shall be Lawfull Heirs to their Brethren and Tutors or Guardians to their Kindred notwithstanding the Misadventure of their Father In like sort the Royal Succession shall be due unto King Edward because it cometh to him by his Lineage and Blood notwithstanding the Calamity of his Mother To the same purpose serveth another Law k L. Emancipatum in fi ff de Senator where a Son begotten after that his Father hath lost thrô his own fault the Dignity of a Senator shall be the Off-spring of a Senator from the Person of his Grandfather who retaineth that Dignity Where the l ff de jus voc l. adoptivum in fi Father is Patron of a Libertine or Freed-Man and by whom Right of Patronage should be transported to the Son if he loseth his Right thrô his own Default because he compelleth his Freed-Man to take an Oath yet doth not the Son also lose his Right And so the Father may without Offence be sued by the Libertine but the Son cannot Divers other m ff de jure Patron l. Divi fratres §. fi ib. glo not facit glo in d. l. Adoptivum in fi l. Emancipatum in fi sup allegat â—b Bart. Will. de Cun. vit in l. Emancipatum facit similiter ff de bon lib. l. in servitutem §. si Patroni Laws to the same purpose may very aptly be alledged So then King Edward may make his Claim from the Person of his Ancestors althô he cannot from the Person of his Mother The Disability of his Mother is no hurt or hindrance unto him as it appeareth by the Law where n L. 1. C. de Praescript long temp the Prescription of the Second Possessor is not interrupted or any ways infested althô suit was brought against the First Possessor Because the Successor taketh no strength or encrease of Title from him that went before Ergò c. To the same purpose other o L. fi C. Vnde Liberi l. 1. C. de Edicto successorio cum similibus junct glo in d. l. finali Laws may be alledged but most specially the Law Filius ff de suis legitimis Hered which serveth fitly to this purpose by an Argument taken from the contrary sense For there it is said that if a Son be debarred from succeeding his Father and a Stranger appointed Heir upon Condition during the Dependency whereof the Son so debarred hath a Son Lawfully begotten who is Grandchild in respect of the Grandfather then deceased Althô the Condition should fail yet the Lawfull Inheritance shall not come to the Grandchild born after his Grandfathers Death the Reason is because he was conceived after the Death of his Grandfather Therefore from the Contrary sense if he had been conceived during the Life of his Grandfather his Lawfull Inheritance should have come unto him althô his Father being in the Middle should have been disabled before his Conception as there he was So consequently in the case here in Question seeing King Edward is said to have been conceived and also born during the Life of his Grandfather King Philip as it is presupposed in the State of the Question the Lawfull Inheritance of his Grandfather Philip which is the Kingdom should come unto him notwithstanding the Disability of his Mother Again that this Statute which disableth the Mother should in no case be hurtfull to King Edward it may thus be proved The Words of a Statute must not be extended to a case not expresly comprised p Ar. ff fol. Matr. l. si verò §. de viro. within the same Especially for that Statutes are taken in Law to be of strict Interpretation as q In l. omnes pepuli ff de just jure in 6. quaest principali circa med Bartholus noteth But by the Words of the Statute a Man is not excluded and the Feminine Gender doth never comprehend the Masculine especially in Matters that are r ff de leg 2. l. si ità sit script nota Cyn. c. de servis fugit l. quicunque Odious Ergò c. Again the Disposition of a Testator and of the Law are esteemed equal For the last Will of the Dead is a Å¿ Vt in Aut. C ◠§. dispenat Coll. IV. Law. But the Testator by excluding the next in Blood excludeth t ff de lib. posth l. signis Posthumus not thereby his Grandchildren and therefore a Law or Statute doth not so exclude Again wheresoever the Reason of a Law or of a Statute ceaseth the Law or Statute u L. Adigere §. quamvis ff de jure Patron doth cease But in the case in Question the Reason of the Statute ceaseth in regard of King Edward because it seemed to respect only the weakness of the Sex of Women of which Sex King Edward is not Again Statutes Laws and Customs which are brought in against common Reason are x L. quod non ratione junct l. quod contra ff de Legibus most strictly to be taken in their proper Terms and Cases and in no wise to be extended by Consequence to other Cases But this Statute is against common Reason as it is deduced in the first ground for this part Therefore seeing it speaketh only of a Woman it must not be extended to her Son. As in reason of Divine Justice Original Sin is propagated to Children from their Parents who are altogether freed from Sin by Baptism By the same Reason it seemeth that the Royal Succession may pass to the Son from his Mother who was altogether deprived of the same Again that in the Case now in Question King Edward is more strong in Right than King Philip his Great Uncles Son it is thus proved Althô the Son representeth the Person of his Father or Mother deceased when he joyneth with his Uncles surviving or their Sons in succeeding to an Uncle or Aunt deceased yet when he cometh to succeed with Kindred more remote to wit with his Great Uncle or his Sons as it is in the Case now question'd he shall exclude that remote Kindred and succeed alone by his own Person and shall not represent the Person of his Father or Mother and from thence receive either Benefit or y Not. Cyn. in d. Auth post Liberes Disadvantage Therefore althô in our Case the Mother of King Edward be disabled yet shall he in his own Person succeed and exclude the said Philip because he is further off in Degree to wit in the Fourth Degree from King Charles of whose Succession this Debate doth arise whereas King Edward is in the Third Degree Again it being granted that they are equal in Degree as
exclude a Man from impugning an Act by reason of his Minority in years Of whom some moved perhaps by too free favour to prevent and provide against the Grievances of Minors do then only admit of this Authenticall when full Puberty to wit the Age of XVIII Years is accomplished That the Written Rigour to the cruel undoing of Minors may so proceed that it shall rather fall than rise But here it was not sworn in that manner or by such a Person the Minor being within the Compass and Course of that time Yea the Truth is That no Oath was made at all Thus were the several Causes of the two Kings set forth and maintain'd by Law and Argument but 't is seldom heard that ever a Crown was won by pleading the sword being too Powerfull for the Law and Prejudice more prevalent than Justice or Reason Wherefore now we hasten to the second Argument which was to be discussed in the Field but as yet the two Main Disputants were not matched together However a Frois c. 252. f. 153. first of all the Duke of Guelders and the Duke of Juliers who were perfectly English in Heart as well as in Blood took it in extream Indignation that the French King had sent a Defiance to so Mighty a Prince as King Edward by the Hands of a mean Valet horribly in their minds blaming both him and his Council for putting so unworthy an Affront on so Honourable a Monarch For said they the War between two such Potent Kings ought surely to have been published and denounced by Persons of the best Rank and Quality as Prelates either Bishops or Abbots or some Noble Baron or Valiant Knight at least and not by a simple Valet as the French King had most insolently and presumptuously done Wherefore they vow'd forthwith to send and defie the French King resolving shortly after to invade France with Fire and Sword and there to leave such Marks of their Resentment as should be legible for more than 20 Years following Althô this their Resolution was disappointed by the Celerity of the French King For hereupon the Earl of St. Paul being order'd to joyn with the Duke of Brabant went against these two Dukes of Juliers and Guelders Toward the Declining of this Year b Mezeray p. 83. the two Parties met together in a place called Baeswilder between the Rhine and the Meuse where after a Bloody Fight on the one side the Duke of Juliers was slain and on the other the Duke of Brabant taken Prisoner but soon after by the Emperours means he was deliver'd and so this Matter was ended CHAPTER the SIXTH The CONTENTS I. The Duke of Burgundy Marries the Earl of Flanders his Daughter II. King Edward renews Friendship with the King of Navarre III. Sr. Eustace Dambreticourt sent by the Prince of Wales to Montauban IV. The French lay Siege to Ardres but rise in Despair V. Realville taken by the French The English make fierce War in the Lands of the Rebel Lords of Gascogne VI. Sr. Thomas Wake maintains his Post La Roche de Pozay taken by the French the Lord of Chauvigney falls off to the French and the Lord of Rochechoüart imprison'd upon suspicion VII The Lord James Audley makes havock in the Lord of Chauvigney's Lands VIII Sr. Robert Knolles sent forth by the Prince upon an Expedition brings over Sr. Perdiccas of Albret and 300 Companions to his side and lays Siege to Durmel where he is joyn'd by the Lord Chandos and others from Montauban by whom Moissac was taken in their way IX The English rise from before Durmel and sit down before Domme but get nothing there however they take Gavaches Foines Roquemadour and Villefranche X. The Earl of Cambridge takes Bourdeilles after a long Siege by stratagem XI The Lord Chandos returns to the Prince having settled Affairs XII The English Companions take Bellepeche and therein the Duke of Bourbon's Mother XIII King Charles preparing to invade England King Edward sets himself in a posture to receive him XIV And sends over the Duke of Lancaster with an Army to Calais XV. The English take the Castle of La Roche Sur Yon. XVI The Lord James Audley Seneschal of Aquitaine returning into England is succeeded by the Lord John Chandos XVII The Vicount of Rochechoüart being released from Prison revolts from the Prince and defies him XVIII John Duke of Lancaster makes great havock in Ponthieu at which News King Charles leaves off his Design of invading England and sends the Duke of Burgundy against him with a Mighty Army XIX The Duke of Lancaster goes forth to meet him and encamps at Tournehan The two Armies confront one another for many days XX. The Lord Chandos intending an Expedition desires the Earl of Pembroke's Company but is deny'd however he goes forth and does what he pleases in Anjou Touraine and the Lands of the Vicount of Rochechoüart and on Prospect of a great Advantage over the French sends again to the Earl of Pembroke to come and joyn him but is again deny'd Whereupon the Lord Chandos desisted for that time XXI The Earl of Pembroke deals severely in Anjou and Touraine and the Lands of the Vicount of Rochechoüart but being surpris'd by the French at Puirenon loses many Men and is besieged in a Church-yard whence he sends to the Lord Chandos for Succour and being hotly assaulted the next day sends again XXII The Lord Chandos hardly at last resolves to help him but upon News of his approach the Frenchmen retire XXIII The Death of Philippa Queen of England her Tomb Epitaph and Praise XXIV The Lord Robert of Namur's Quarters beaten up by the French but he beats them back XXV A story of the Earl of Warwick exploded XXVI The Frenchmen break up and march off in the Night whereupon the Duke of Lancaster returns to Calais to refresh his Men. XXVII The Earl of Pembroke makes another Expedition into Anjou and takes Pont de Cè St. Maure and other places XXVIII The Duke of Lancaster's March thrô Picardy into Normandy with Design to burn the French Fleet. But the Earl of St. Paul being got into Harfleur with 200 Spears saves the Town and prevents their Design XXIX Sr. Nicolas Lovaine takes the Lord Hugh de Chastillon Master of the Crossbows of France XXX The Duke of Lancaster returns to Calais The Earl of Warwick dies XXXI The Duke of Lancaster returns into England and finds himself a Widdower The Death of the Earl of Suffolk and of the Bishop of Excester XXXII The French King raises a Tax I. WE spake before how King Edward labour'd earnestly about Five Years ago to make up a Match between the Daughter of the Earl of Flanders who was Dowager to the last Young Duke of Burgundy a Mezeray p. 78. and the most Wealthy Heiress in all Christendom and a Son of his named Edmund Earl of Cambridge all the particular Negotiations of which intended Match are both too long and
King after his Departure So that the Knights and Lords of Poictou were engag'd in a kind of Civil War the Weaker being alway made a Prey to the Stronger and Castles and Fortresses being so intermingled one with another here an English and there a French Garrison that there was nothing but mutual Losses and Reprisals every Day all things were in Confusion neither Law Right nor Reason being of any moment in those Parts VI. Now the Loyal Barons and Knights of Poicton who still adher'd to England consider'd that the Castle of Moncontour i Frois ibid. molested them more than any other Garrison wherefore they agreed to go thither and lay Siege thereto So the Lord Thomas Percy who was Seneschal of Poictou made his Summons for that Purpose within the City of Poictiers where upon the Muster he found his Forces to amount to 500 Spears and 2000 Footmen well armed besides Archers The Chief Captains whereof next Sr. Thomas himself were the Lord Baldwin Frevile Sr. Dangouses Sr. Matthew Gournay Sr. Walter Hewett Sr. Percival Collins Sr. Geoffry Argentine Sr. Richard Pontchardon English Men and these Knights of Poictou Sr. Guischard Dangle Sr. Lewis Harcourt the Lord of Partenay the Lord of Pinant the Lord of Taniboton the Lord of Crupenac Sr. Hugh de Vinoye Sr. James of Surgieres Sr. Moubron of Linieres and others all who marched forth of Poictiers in good Order under the Conduct of the Lord Thomas Percy and came and sat down before Moncontour This Castle and Town of Moncontour stands on the Marches of Poictou and Anjou being little more than six Leagues from Saumur in Anjou and about as many from Poictiers but hardly four from Thoüars The Castle was exceeding strong and fair and had a good Garrison commanded as we said before by Sr. Peter de Guerfille and Sr. Jordan de Coulonges But the English had brought with them from Poictiers several Great Engines of Battery and had others also sent to the Camp from Thoüars all which they reared up against the Fortress and plaid therewith Night and Day Besides this there were Skirmishes held at the Barriers constantly and especially by the Companions who were then in the English Army being commanded by Sr. Walter Hewett John Cresswell and David Holcraft For they were continually upon Duty being all Valiant Men and desirous by any means to carry the Place because Sr. Thomas Percy had promised to bestow it on those who should win it The Garrison wanted neither Courage nor Provision nor any other thing necessary but Repose and Quiet for they had no rest allow'd them Night nor Day but were constantly alarum'd in several Places without any intermission Especially on the Tenth Day of the Siege the Assault was General and more vigorous than ordinary so that at last the Place was carried by fine Force and every Man within put to the Sword except the two Captains and about five or six Men of Arms who were taken to Mercy Upon this Success the Lord Thomas Percy by Advice and with Consent of all the Barons and Knights present granted the Castle to the Custody of Sr. Walter Hewett John Cresswell and David Holcraft who undertook with their Troops amounting to 500 able Men Companions to make good the Place and to hold Frontier War with those of Anjou and Touraine And this English Garrison subsisted thus a great while to the no small Detriment of the Frenchmen their Neighbours but the Lord Percy having succeeded here discharged his Troops for the present and sent them to their several Quarters VII Now Sr. Bertram of Clequin Constable of France having after his Victory over the English at Pont Vallin designed to Winter at Paris was informed how the English had again taken the Field in Poictou and Guienne Wherefore he resolved after Candlemas in the beginning of the Year to raise an Army and to ride forth against the Enemies of France who ranged about at their pleasure especially from their Garrisons in Poictou Limosin Quercy Auvergne and Rouvergue For in most of these Parts the English had behav'd themselves with much Honour and had sustain'd their Interest with Commendable Bravery ever since the War began Particularly the Lord John Devereux was just then return'd into Limosin whereof he was Seneschal having lately pass'd in Hostile Manner thrô Auvergne and Givaudan till he came into Vivarais where he took the Castle with the City and base Town and all But Sr. Bertram thought not to leave such Matters uncontroverted So having the King's leave he left Paris with a considerable Number of Men of Arms among whom were these Captains of Name the Dukes of Berry and Bourbon the Earl of Alenson and his Brother the Earl of Perche the Earl of St. Paul the Dauphin of Auvergne the Earl of Vendosme the Earl of Porcien the Lord of Suilly the Lord of Montagre Sr. Hugh Dauphin the Lord of Beaujeu the Lord of Rochefort the Lord of Talascon and many more Barons Knights and Esquires of the Marches of France All these went into Vivarais and sat down before the City of Vzes where having layn fifteen days to no purpose the Place being Valiantly Defended by the English they raised their Siege and marched thence toward the Parts of Rouvergue the Constable thinking fit to go and make Experiment of his Enemies there also But at his rising from before Vzes several of the Chief Lords with him took their leaves of him for a while and struck off to Avignon to pay a Visit to Pope Gregory and to the Duke of Anjou who was then with him having k Frois ibid. lately been very instrumental in advancing him to that See. But having received his Holinesses Blessing and confer'd a little with the Duke of Anjou they return'd from Avignon and follow'd the Constable toward Rouvergue where they joyn'd him and proceeded with him in winning Towns and Castles from the English Among others they came before the strong Town of Milland and laid Siege thereto the Captain therein for the English being Sr. Thomas Wake who had kept the Place about a Year and an half together with another Fortress not far off called la Roche Vauclere But now on certain Reasons the said Sr. Thomas was fain to deliver up Millaud upon Composition to depart with Bag and Baggage and flying Colours whose Example was soon after followed by many other Fortresses on the Frontiers Sr. Bertram stay'd a while hereabouts to refresh his Men and so went back again toward the City of Vzes resolving to renew his Siege and that he might do it the more effectually he sent for Great Engines from Riom and Clermont and reared them up against the Walls and made ready all other Instruments of War in order to make one grand and general Assault When the English within saw the Constable's Design l Frois c. 291. being informed that such a Man as Sr. Thomas Wake himself had yielded up Millaud and quitted all Rouvergue and considering also that
certain of the Kings Subjects to be their own and so by sinister means have obtained the same The Grieved upon suit to the Council shall have Right That no Lands or Tenements be seised by any of the Kings Officers of any Person not attainted of Treason or Felony in his Life time Let this be more fully opened That no Sheriff Under-Sheriff or Goaler be Justice during their Offices neither that they be put in any Commission other than what Concerns their Offices It pleaseth the King. That the Bishops do certainly appoint what shall be taken for a Probate of a Testament and for an Acquittance upon the Account The Statutes therefore made shall be kept That for Goods of Felons found by Office every Man may traverse such Offices and upon the Reversing of the same be discharged The Law shall stand as it doth That no Man be charged upon an account in the Exchequor of Scottish Money sweet Wine sold without Licence Corn Lead Tin Worsted Butter and such like whereby no Profit comes to the Prince For Scottish Money Remedy was provided Ano. 47. Ed. 3. tit 19. For sweet Wines Remedy was appointed the last Parliament And for the rest Care shall be taken the first Opportunity That the Clerk of the Mercate of the Kings Houshold do not by Extortion take Fines in Gross or certain of any Towns and that there may be appointed a Certainty of Measures and weight according to the Standard He shall see punishment done according to the Quality of the Fault without any such Fines taking there where he doth not his Office And the Measure shall be according to the Standard and Statute made That no Patent of any Lands found by the Escheators Inquest be granted so as the Party will stand bound to answer the King the Profits thereof if upon Tryal it be found for the King. The King will be advised That the Chancellour upon the Writ of z Vid. Cowell Skinner Champartie may grant forth Writs at the suit of the Party and that he may recover Damages in his suit The King will be advised until the next Parliament They Require Remedy against Reservation of Benefices from the Court of Rome The Bill is elsewhere answer'd That the Lord Steward and Marshal of the Kings Houshold do hold no other Pleas than are contained in the Statute called Articuli super Chartas That for twelve Miles they may be certainly limited whether from the Kings Presence or the Place of his Houshold and not from both unless they be together And that the Steward do keep his Session within three Miles about the Presence of the King as it hath been accustomed They shall have Jurisdiction from the Place where the King himself is or from the Place where the Houshold is kept twelve Miles in circuit and not from the One and the Other at one time And further the Statute therefore made shall stand That every Man in the Exchequor being impleaded may wage his Law as in other Courts where Wage doth lie They shall not wage their Law in the Exchequor as in other Courts where the King is not Party That the Chirographer may be sworn that neither He nor none of his Clerks do take for the engrossing of a Fine but only Four Shillings The Statute made therefore shall stand Then there was prefer'd a a M.S. Rot. Par. p. 127. n. 85. Srâ— Rob. Cotton's Abridgm p. 128. Fox Acts c. p. 552. long Bill against the Usurpations of the Pope as which were the Cause of all the Plagues Injuries Famine and Poverty of the Realm so as thereby was not left the Third Person or other Commodity within the Realm as lately was That the Tax paid to the Pope of Rome for Ecclesiastical Dignities doth amount to five fold as much as the Tax of all the Profits as appertain to the King by the Year of this whole Realm and for some one Bishoprick or other Dignity the Pope by Translation and Death hath three four or five several Taxes That the Brokers of that sinfull City for Money promote many Caitiffs being altogether unlearned and unworthy to a thousand Marks living yearly whereas the Learned and Worthy can hardly obtain twenty Marks whereby Learning decayeth That Aliens Enemies to this Land who never saw nor care to see their Parishioners have those Livings whereby they despise God's Service and convey away the Treasure of the Realm and are worse than Jews or Saracens It is therefore to be considered that the Law of the Church would have such Livings bestowed for Charity only without Praying or Paying That Reason would that Livings given of Devotion should be bestow'd in Hospitality That God hath given his Sheep to the Pope to be pastured and not shorn or shaven That Lay-Patrons perceiving this Simony and Covetousness of the Pope do thereby learn to sell their Benefices to Beasts no otherwise than Christ was sold to the Jews That there is none so Rich a Prince in Christendom who hath the Fourth Part of so much Treasure as the Pope hath out of this Realm for Churches most sinfully After a Repetition of their Zeal for the Honour of the Church it was declared that all the Plagues there particularized have justly fallen upon this Realm for suffering the Church of England thus to be defaced and that these Mischiefs will dayly encrease without Redress Whereupon followeth an earnest Persuasion to reedifie and reform the same and the rather for that this was the Year of Jubilee the Fiftieth Year of the King's Reign the Year of Joy and Gladness than the which could be no greater The means how to begin this was to write two Letters to the Pope the one in Latine under the Broad Seal the other in French under the Seals of the Nobles importing these Particularities and requiring Redress And for a further Accomplishment hereof to Enact that no Money be carried out of the Realm by Letter of Lombardy or otherwise on Pain of Forfeiture and Imprisonment and to Enact the Articles hereafter ensuing The King hath heretofore by Statute provided sufficient Remedy and otherwise pursueth the same with the holy Father the Pope and so mindeth to do from time to time untill he hath obtained the same as well for the Matters before as for the Articles ensuing they being in a manner all one Then it was remonstrated that the Pope's Collector and other Strangers the King's Enemies and only Leiger-Spies for English Dignities and disclosing the Secrets of the Realm ought to be discharged That the same Collector being also Receiver of the Pope's Pence keepeth an House in London with Clerks and Officers thereunto belonging as if it were one of the King 's Solemn Courts transporting yearly to the Pope 20000 Marks and most commonly more That Cardinals and other Aliens remaining at the Court of Rome whereof one Cardinal is a Dean of York another of Salisbury another of Lincolne another Archdeacon of Canterbury another Archdeacon of
shall be heard That if any Religious Person taketh the Profits of any Lands whereby it may be thought to be within the Compass of the Statute de Religiosis that then the King or Chief Lord may enter upon the same The King intendeth not to change the Laws That the Statutes now made be not Repealed but by Assent of Parliament and that the Statute of Purveyors may be executed The Statutes cannot be Repealed otherwise and as for Purveyors the Law made shall stand That the Knights Fees for coming to the Parliament may be levied of the whole County as well within Liberties as without except Cities and Towns and the bound Tenants of such as come by Writ to Parliament Let it be as it hath been used That no Ordinance be made at the Petition of the Clergy without Assent of Parliament and that no Man be bound by any of their Constitutions made for their Advantage Let this be more particularly declared That such as have u Vid. Gulielm Somneri Glosâ—ar in Visus-Franci-Plegii view of Frank-pledge may have the Correction of Taverners It is no Article thereof That none of the Commons be appointed Collector of this Subsidy The King granteth it That the Protection of such as lie about Calais or in Picardy only to delay such as sue them may be Repealed and no such from henceforth granted Let the Kings Council be informed of such Covin and it shall be redressed That certain Engines used to the Destruction of Fish and called Wonderecheone in the manner of a Drag being used in Havens and Creeks may be forbidden Commission to certain to enquire and to certifie shall be made whereupon Order shall be taken therein They pray Remedy against such Debtors as to defraud their Creditors make Feoffments by Covin and thereupon fly into Sanctuary Vpon the finding of such Feoffments to be so made the Creditors shall have Execution of such Lands as thô no such Feoffments were made That the King would pardon all Piracies and Felonies done upon the Sea except such as be Impeached of the Death of Sr. Henry de la Haye or of such as be Impeached at the suit of the Party The King will shew Pardon where him liketh That divers having in their Charters That no Seneschal Marshal or Clerk of the Mercate do intermeddle with their Liberties are thereby little the Better for that those Officers do intermeddle because these Words are wanting Tam in praesentiâ nostrâ quà m alibi That therefore it be commanded that none of those Officers do intermeddle The King would have them to be allowed according to Law and Reason as it hath been heretofore used That no Customs of Woollen Cloaths granted in 44 Ed. 3. be paid unless the same be Fulled The King hath commanded that no Woollen Cloths be carried out of the Realm before they be Fulled and that no Customs be paid before such Fulling That such Loanes as were lent in the time of Thomas Brentingham Bishop of Excester and Treasurer of England may be now paid It shall be so soon as may be That no Tythe be paid for Sea-coals It shall be as it hath been That no Fines be taken for any Writs according to that of the Great Charter Nulli Vendemus Justitiam Let it be according to the Discretion of the Chancellour as it hath been That no Knight Esquire or other be appointed for Sheriffs Escheators Coroners Collectors or such like after his Age of 60 Years The King will do herein as him shall please That all Charters heretofore granted may be allow'd and confirmed They shall be allow'd as duly heretofore hath been That every Professed Person of what Sex soever being professed of any Religion and continuing the said Habit to the Age of Fifteen Years may upon Tryal of the same in any of the Kings Courts be in Law utterly debarred of any Inheritance thô he hath a Dispensation from Rome Which Dispensations are the chief Grievance The King and the Lords will provide therefore That some Provision be made that Herring may be better cheap being now grown to an Excessive price Indifferent and able Men by Commission shall see the x Ità M.S. sed Price Sr. Rob. Cotton Place and enquire of the Causes and certifie the same whereupon Order shall be taken The Commons of Devon require that upon return of the Commission touching the Customs of the Stannery there being now done withall in the Chancery the rest of the Liberties of the Stannery may be declared according to the Promise of the last Parliament and that the same be made in Letters-Patents Richard Prince of Wales prayeth that the Declaration made in the last Parliament as touching the Stanneries in Devon and Cornwall may be revoked considering that the same was made neither the Prince nor any of his Council nor any other the Officers being called or made privy thereto Such as stood for the County of Devon pray that they may answer to such as alledge that the said County should seek to hinder the Profit of the said Prince The Circumstances shall be examin'd by the Council of the King and of the Prince and thereupon Order shall be taken The Counties of Leicester and Northampton Huntington and Bedford complain of the Erection of three Mills upon the high Stream of the y Ouse River of St. Ives so that neither Ships nor Boats can pass and whereby they surround all the Grounds about the Towns of Bugden Brampton Godmanchester Herford and Huntington Let the Statute in such case provided be executed The County of Warwick desire that the Goal-house in Warwick being very ruinous may be repaired with the profits of the County aforesaid by the hands of the Sheriffs Let them sue to the Treasurer and others of the Council to have Redress That none such as pass over Woolls or have Ships on the Sea be appointed Customers or Weighers of Woolls The King will appoint such Customers as shall please him The Heirs and Tenants of the Land of the Chief Taxers of the Fifteen do pray that they may be taxed by the Barons of the Exchequer according to the old Rate upon the View thereof without bringing any Writ therefore The Taxation being once reasonably made should seem to continue Divers Counties adjoyning upon the River of Severne desire Remedy for the Course of the said River between Worcester and Bristow which is so straightned that the Grounds thereabouts are thereby surrounded that Ships and Boats cannot pass and many are drowned in their Beds Let certain Lords be appointed to hear and determine this matter That if it shall happen any Man or Boy to be drown'd with a fall out of a Ship or Boat or any other Vessel the said Vessel shall not therefore be a Deodand Being upon the Sea it shall be adjudged no Deodand and being upon a Fresh River the King will shew favour That every Man may be admitted to prove his Age and to sue Livery by the
that the Marshal should play the Master there as he had begun even althô he said Nay At last after much crowding they all got thrô and came into our Ladies Chappel where the Duke and other Barons sat themselves down with the Archbishop and other Bishops John Wickliff standing before them according to the usual Manner ready to answer what should be objected unto him The Lord Marshal first brake silence desiring Mr. Wickliff to sit down and alledging that he had many things to answer to and therefore had need of some Repose But the Bishop of London said He should not sit down there for neither was it according to Law nor Reason that He who was cited there to appear to answer before his Ordinary should sit down during the time of his Answer but rather stand These Words created others and they brought forth more the Bishop standing upon the Privilege of his Place and Function and the Marshal on his own and the Duke's Authority so that many bitter words and Menaces passed on both sides to the great Offence and Scandal of the People But then the Duke began to take the Marshals part and warmly chode the Bishop who was not a whit behind hand with him so that the r Erubuit Dux quod non petuit praevalere litigio hist Men. D. Albani ibid. Duke was asham'd to find himself worsted by the Bishop and threatned that he would shortly bring down the Pride not only of him but of all the Prelacy of England and to the Bishop he said Sir You are too bold and all in Confidence * He was a Younger Son to Hugh Courtney second Earl of Devonsâ—ire of that Name and of the Lady Margaret Daughter to Humphry Behun Earl of Hereford and Essex Eighth of that Name by his Wife Elizabeth Daughter of King Edward the First His Parents were both now living thô the Earl his Father died on the 2d of May this Year of your Parents who yet will not be able to help you they shall have enough to do to help themselves To whom the Bishop reply'd That he ought to be bold in declaring the Truth but that his Confidence was not in his Parents nor in any Mortal Man but in the living God alone in whom he trusted Then the Duke softly whisper'd to one that sat next him how he had rather drag the Bishop out of the Church by the Hair of his Head than take this at his Hands However this was not utter'd so softly but that some of the Londoners overheard him who being enraged thereupon cry'd out that they would never see their Bishop so abused but rather lose their Lives then that any one should draw him out of his Church by the Hair. Upon this Contention that Council was dissolved before Nine of the Clock and the Duke with the Lord Percy return'd to the Parliament then sitting at Westminster Wickliff being easily dismiss'd thô not without a Prohibition neither to preach nor write any more in defence of those Articles which were objected to him VII 'T is said that that same day before Dinner there was put up in Parliament by the Lord Thomas of Woodstock the Kings youngest Son and the Lord Henry Percy Marshal of England a certain Bill as in the Kings Name importing that the City of London should no more be govern'd by a Mayor but by a Captain as in times past And that the Marshal of England should have the sole ordering of Arrests within the said City as elsewhere with many other Articles tending to the Diminution of the Liberties of London Which Bill being read there stood up a Worthy Patriot Alderman John Philpot one of the Burgesses of that City who spake so notably against the said Bill and pleaded so strongly in behalf of the Charters and Privileges of that Famous Metropolis that immediately the Bill was flung out of the House and the Name of Alderman Philpot much set by I can find no Warrant for this indeed in the Records of the said Parliament which we have faithfully exhibited before and therefore dare not absolutely lean to the belief thereof But whether it was really so or only cunningly nois'd abroad by some seditious Arts to stir up the People however we find that the next day the Londoners assembled in Council to consider of the Matter and also how far the Power of the Marshal extended not forgetting to take notice of the Affronts put upon their Bishop the Day before While thus the Chief Citizens were entertain'd with sober Debates and perhaps only prepar'd some Petition or Remonstrance to shew unto the Parliament in the behalf of their City the Commons understanding that One of their Body was then in Prison in the Marshals House which stood within their Liberties being secretly animated by some considerable Beautefeus whom for several Reasons I cannot with others believe to have been the Lord Guy Bryan and the Lord Walter Fitz-Walter went immediately in great Fury to the House of the Lord Percy where breaking up the Gates they took out the Prisoner by force and burnt the Stocks wherein he had been set in the midst of the City Then they sought for the Lord Percy for whom all Corners and Privy-Chambers were searched and the Beds and Hangings torn in pieces with their Bills and Javelins But He it seems was at that time happily out of the way being together with the Duke of Lancaster invited to Dinner by one John of Ipres at his house Å¿ Stow's Survey of London p. 260. called Ipres-Inne in Knight-Riders Street of which the Londoners knew nothing but thought they were at the Dukes House called the Savoy and so posted thither in great fury But one of the Dukes Knights observing this madness of the People went in great haste to the Place where his Lord the Duke was and when for all his Knocking he could not be admitted he said aloud to the Porter whose name was Haveland Hark you Haveland If you love my Lord the Duke and your Life open the Gate At these Words he was let in and in great fear told the Duke that there were infinite Numbers of Armed Men searching for him so that if he had not a Care that day would be his last At this the Duke leap'd so hastily from his Oysters that he hurt both his Legs against the Form Wine was offer'd but he could not drink for haste and so fled at a Back gate with the Lord Henry Percy and taking a Barge at the Thames never left Rowing till they came to an house near the Mannor of Kennington where at that time the Princess-Mother of Wales lay with her young Son Richard before whom he made his Complaint against the outragious Insolence of the Citizens And the Princess promised him to take such Order in this Matter as should be to his Content The mean t Fox Acts Mon. p. 394. while the Commons of London had beset the Dukes House called the Savoy where
so on the 12 of April was executed at Tiburn and drawn hang'd and quarter'd after which his Head was set upon London-Bridge XI When c Frâ—is c. 314. f. 175. b Id. Gallicè 1 Vol. c. 267. the Lord Ingelram de Guisnes Earl of Bedford and Lord of Coucy was returned into France from his unhappy Expedition into Austria thrô the exceeding importunity of his Friends and a sense of Gratitude to the French King for his late Princely Supply and Assistance towards his Wars he was at last utterly overcome and resolv'd to yield himself absolutely up to the French side wholly quitting his Interest in England However that he might make the fairer shew and as little as might be disoblige his Father-in-Law King Edward he sent his Lady Isabella into England to endeavour to pacifie her Father the King where she remain'd a while for that purpose with her younger Daughter d Mill's Catal. Hen. p. 440. Philippa the Elder named Mary continuing with her Husband the Lord of Coucy For notwithstanding this Change his Counsellours and Friends told him that he needed not to fear he should lose his Heritage in England since the King his Father-in-Law could not reasonably expect that for his sake he should fling up a far greater Heritage in France especially since thô a e Dugd. 1 Vol. p. 760. Baron of England he was a f Frois ibid. Frenchman by Name Blood Arms and Extraction XII Soon after the French King had such Confidence in the sincerity of his Conversion that he sent him to Bruges to assist his other Commissioners who had Orders to be there about a Treaty for Peace between the two Realms Thô as yet none of the Great Lords either of England or France were come thither save only the Duke of Bretagne who was still there with his Cousin the Earl of Flanders not much concerned about settling any Peace But now on the g Rot. Franc. 51. â—d 3. m. 7. Ashmele p. 668. 20 of February King Edward empowers Dr. John Gilbert Bishop of Hereford Sr. John Cobham of Kent and Sr. John Montagu Bannerets and John Shepey Dr of the Laws to go to Bruges to treat with the Earl of Salebruse the Lord of Chastillon and Monsieur Philibert l'Espiote where they met the Popes Legates who as friendly Mediators were present all the while that the Treaty lasted But when nothing was done here neither the Legates seeing all things like to break to pieces in Pious subtlety began to h Helensh p. 998. propose a Match between Richard the Young Prince of Wales and the Lady Mary Daughter to the French King. Which Proposal coming to the Ears of both the Kings begat another private meeting shortly after at i Frois fol. 196. ibid Holinsh p. 998. Montrevil by the Sea where Sr. Guischard Dangle Sr. Richard Sturry and Sr. Geoffry Chaucer the Prince of our English Poets met with the Lord of Coucy Sr. Nicolas Braques and Sr. Nicolas Brasier Commissioners from the French King. And here they k Frois ibid. treated earnestly about the Marriage which if it might take effect the Frenchmen offer'd many things in lieu whereof they would have such things as they named or else nothing Particularly it is said l Sr. Richard Baker p. 138. Du Chesne p. 711. c. that they offer'd to leave unto the King of England Fourteen Hundred Towns and Three Thousand Fortresses in Aquitaine on Condition that he would render back Calais and all that he held in Picardy But to this the English Commissioners would not agree knowing that if once they parted with that sure Landing-place the French King would soon take away all those Towns and Fortresses again But that while they held Calais as the Key of France in their Hands they might at any time be able to invade that Realm and sometime or other recover all their Former Losses Thus in Effect each Party having chiefly spent their time in sounding one anothers Inclinations they brake up again without any other Success than that they Prorogued the Truce one Month further viz. to May-Day following XIII Now the Old King being still desirous to add more Honour to his Grandson and Heir Prince Richard of Bourdeaux m Walsing hist p. 189. n. 20. M.S. vet Ang. in Bibl. C. C. C. Cantab. c. 239. Sed ili St. Gregory pro St. George malé at a Chapter held at Windsor on the 23d of April being the Festival of St. George Created him Knight of the Most Noble Order of the GARTER in Place of the Renowned Prince his Father late deceased XIV On the 26 of the said Month of April the King willing now if it might be to leave the Kingdom in Peace at his Death which he look'd upon as not far off caused n Râ—â— Franc. 51 Ed. 3. m. 3. Ashmole p. 668. a Commission to be made for Holding another Treaty with the French to Dr. Adam Houghton Bishop of St. Davids and Chancellor of England Dr. John Gilbert Bishop of Hereford William Montagu Earl of Salisbury Sr. Robert Ashton the Kings Chamberlain Sr. Guischard Dangle Banneret Aubrey de Vere and Hugh Seagrave Knights Walter Skirlow Dean of St. Martins le Grand and John Shepey Doctor of the Laws empowering them fully to treat and compose all Differences Wars and Contentions according to the Instructions given them These Commissioners came in good time to Calais while on the other side the Lord of Coucy and Sr. William Dormer Chancellor of France with their Associates tarried at Montrevil but by reason of some Suspition which the Commissioners had or pretended to have of each other or else thrô some Punctilio of Honour neither Party would vouchsafe to go to the other whatever the Legates could say or do nor yet to meet in any Indifferent place either between Montrevil and Calais or Montrevil and Boulogne and so the time limited by the Truce viz. the First of May elapsed without any Fruit. Now when the War was open o Frois ibid. Walsingh hist p. 199. n. 30. Sr. Hugh Calverley was made Captain of Calais and sent thither by the King of England with a good Retinue All things began to threaten Bloody Consequences of the next Campain Commissions being sent to the Great Lords throughout all England to Array all able Men from sixteen to sixty Years of Age to be ready on Occasion to defend the Kingdom and to withstand any Invasion that might happen there being apprehensions that the French would take Land in some part or other At this time the Frenchmen came suddenly with considerable Forces and lay down before a strong Fortress near Calais called Outwick which they p Vidd 2. c. 3. §. 11. p. 361. began to batter so furiously with Nine pieces of Great Ordnance that the Governour thereof William Weston Esquire being terrified with the Novelty of those irresistable Engines yielded up the Place upon Conditions and so