they had Judgment again passed on them as before By the Mediation of the Bishops had their Lives spared and at that very Moment came the Arch-Bishop of Canterbury and all the Bishops of both Provinces and prayed the Lords Temporal the Execution as to their Lives might be respited that they might obtain their Lives of the King He ordered Execution should be stayed and granted them their Lives As to the other part of their Sentence that was to remain in force and their Bodies in Prison during the King's Pleasure until the King by Advice of the Lords should direct otherwise concerning them On the same 5 Ibm. The Bp. of Chichester and the King's Confessor impeached Friday Thomas Bishop of Chichester and the King's Confessor impeached and accused by the Commons That he was present at the Places and Times when the Questions were put to the Justices c. and the Answers made and excited them by Threats to answer as they did knowing the false Purposes and Treasons designed by the Traitors adjudged and aided and assisted them and would not make Discovery to any of the Lords that caused the Commission to be made last Parlement whereby Remedy might have been had for the Safety of the King and Kingdom 6 Ibm. To which the Bishop answered of his own free Will That he did not excite them to do or say any thing And further said They were not excited or charged to say any thing but what the Law was And touching the Concealment of the Treasons he had made such Assurance and Affiance as he could not discover And said further That the Traitors were about the King and had such Power over him before he had so great Interest in the King as to prevent such Mischiefs as might come upon him The Commons replied He had upon the Matter confessed himself Guilty and prayed he might be Attainted Upon this Answer of the Bishop the Replication of the Commons and all Circumstances of the Accusation the Lords took time to give such Judgment as might be for the Honour of God and Profit of the King and Kingdom 7 Ibm. Sir S. Burley and 3 others impeached During which time on the 12th of March Simon Burley Kt. John Beauchamp of Holt Kt. John Salisbury Kt. and James Barners Kt. were brought into Parlement and at the Request of the Commons impeached The Articles exhibited against them were Sixteen 8 Ibm. The Articles against them The first Article in the Appeal was the first Article in this Impeachment In the second Article they are accused as Traitors and Enemies of the Kingdom for that they knew of all the Treasons in the Appeal mentioned and that they were Aiding Assisting Counselling and Assenting to all the Traitors attainted and that Simon Burley and John Beauchamp were Principal Actors in all the Treasons In the eighth Article they were accused for Conspiring and Designing with the Five Appealed to destroy and put to Death those who were Assenting to the making of the Commission and Statute in the last Parlement The rest are of less moment but all relating to the Articles of the Appeal 9 Ibm. They all answer Not Guilty The Commons replied They were Guilty The Lords take time to examin and consider the Impeachment Upon this and the Bishop of Chichester's Impeachment the Lords Temporal until Friday the 20th of March on which Day the Parlement was Adjourned unto the Monday next after or on the morrow of the Quinden of Easter or 13th of April On which Monday the Lords Temporal took time to Deliberate upon these Matters until the 5th of May when Simon Burley was brought into the Parlement and the Lords by due and sufficient Examination and Information found him Guilty of what he was Impeached in the eighth Article which had been adjudged Treason and by Assent of the King Awarded he The Judgment against Sir S. Burley who was executed should be Drawn Hanged and his Head Chopped off The King Pardoned his Drawing and Hanging but his Head was Chopt off the same Day on Tower-Hill His Heirs were Disherited for ever and his Lands Tenements Goods and Chattels forfeit to the King as part of the Judgment On the 12th of 1 Ibm. The 3 others had the same Judgment and executed March John Beauchamp John Salisbury and James Barners were brought into Parlement and had the same Judgment Beauchamp and Barners had their Drawing and Hanging Pardoned and had their Heads struck off on Tower-Hill and were all Executed on the same 12th of March. On the same Day the 2 Ibm. Judgment against the Bp. of Chichester Bishop of Chichester was sent for into Parlement where the Lords Temporal found him Guilty of Treason as it was laid in the Impeachment and by Assent of the King they Awarded his Heirs should be Disherited his Lands Tenements Goods and Chattels forfeit to the King and the Temporalties of his Bishoprick seized into the King's hands As to his Person the Lords would advise what to do for the Honour of God and Holy Church and the Safety of the State of Prelacy and of the Laws of the Land And then in the same Parlement it was 3 Ibm. He was with 6 others banished into Ireland Ordained That this Bishop Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon should be sent into Ireland to several Towns and Places there to remain during their Lives 4 Ibm. Their allowance from the King by Order of Parlement And it was also then Ordered That Sir Robert Belknap and Sir Roger Fulthorp for their support during their Lives should have Forty Pounds a Year Sir John Holt and Sir William Burgh Forty Marks a Year Sir John Cary and John Loketon Twenty Pounds a Year of the King's Gift and each of them to have Two Servants to wait on them And that the Bishop of Chichester might have annually Forty Marks for his Sustenance during his Life if any of his Friends would give him so much Upon 5 Stat. at Large 11 Ric. II. c. 1. Four Petitions of the Commons Râ—â— Pâ—rl 11 R c. II part 1. n. 37. That the Commission and Statute should be confirmed Also what the Duke of Glocester Earls of Warâ—â—â— Arâ—â—dâ—â— Dâ—â—by and Nottingâ—â—m did Petition of the Commons the Ordinance and Commission made the last Year were confirmed and all that was done in that Parlement and also what the Duke of Glocester Earls of Warwick and Arundel did and all that the same Duke and Earls with the Earls of Derby and Marshal or any of them did or any other of their Company or of their Aid or of their Adherents or any of them by their Assemblings Ridings Marchings in Arms Appeals and Pursuits as things done to the Honour of God the Safety of the King Maintenance of his Crown and Safety of the whole Kingdom And also in pursuance of the same Petition had
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular arch-Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as
f. 403. n. 10. A. D. 1273. He receives the Homage and Service of his Vassals there and went into Aquitan to Receive the Homage and Service of his Vassals there in which he found much difficulty from several that Refused to do their Feudal Duties to him but chiefly from 2 Ibm. n. 20. and Mezer. Fr. Hist f. 315. A. D. 1272 3. The Viscount of Bearn denies his Homage He is forced to do it Gaston Monaco Viscount of Bearn who because a Predecessor or two had done Homage and Sworn Fealty to the King of Aragon and he had been much obliged to Alphonso the Second then King denied his Homage King Edward seised upon his Person and kept him Prisoner among his Retinue from whence making his Escape he was driven out of his Country And upon an Appeal to King Philip as Soveraign Lord of Aquitan or Guyenne in favour of King Edward He compelled Gaston to hold his Lands of him In the Second year of his Reign having settled his Affairs beyond Sea 3 Mat. West f. 467. n. 20. A. D. 1274. The King comes for England he took Ship at Bologn in Picardy and landed in England on the 25th of July At his landing Gilbert Earl of Glocester and John Earl of Warren received him more Honourably then other Nobility conducting him to their Castles of Tonebridge in Kent and Rigate in Surrey where they Treated and Feasted him with great Jollity many days On the 19th of August he and his Queen Elianor were 4 Ibm n 30. He and his Queen Crowned at Westminster Crowned at Westminster by Robert Kilwarby Arch-Bishop of Canterbury Alexander King of Scots and John Duke of Britan being present Toward the middle of October following he issued out 5 Pat. 2 Ed. I. M. 6. He makes inquiry after the Rights of his Crown his Military Tenants and Civil Officers c. whether they had done their Duties Writs of Inquiry by the Oaths of Twelve Legal Men to Two Commissioners in every County to Inquire what his Royalties and the Liberties and Prerogatives of his Crown were who were his Tenants in Capite and Military Service and how many and what Fees they held of him Of his Tenants in Antient Demeasn how they had behaved themselves and in what Condition their Farms were Of Sheriffs Coroners Escheators Bayliffs and their Clerks whether they had Extorted Money from any Man by reason of their Office had Wronged any Man or Received Bribes for Neglecting or being Remiss in their Offices c. The whole Inquiry containing 34 Articles About the beginning of November the King of France sent to the King of England to * Append. n. 6. A. D. 1275. The King summoned as a Peer of France appear in his Parlement to be holden on the Morrow of the Quindene of the Feast of St. Martin in Winter that is November 26. to be at the Tryal of a Case between Robert Duke of Burgundy on the one part and Robert Earl of Nevers and Yobend his Wife on the other part concerning the Dukedom of Burgundy and the Appurtenants Who by reason of his Weighty Affairs in his own Kingdom sent Maurice He sends his Excuse de Credome Otto de Grandison and Roger de Cliff to make his Excuse with his Commission or Letter of Credence dated at Westminster November 11. He was summoned as a Peer or great Vassal of France By his Writ dated at 6 Cl. 3. Ed. I. M 21. Dors A. D. 1275. The Parlement Prorogued before meeting Woodstock the 27th of December following he Prorogues his General Parlement he propounded to have holden 15 days after the Purification to the Morrow of the Octaves of Easter Quia Generale Parliamentum nostrum Quod cum Prelatis Magnatibus Regni proposuimus habere London ad Quindenam Purificationis Beatae Mariae Virginis proximo futur Quibusdam certis de causis prorogavimus usque in Crastinum claus Paschae proxim sequent c. Teste Rege apud Woodstock 27 die Decemb. Directed to Robert Arch-Bishop of Canterbury In which Parlement holden upon the Monday after Easter in the year 1276 he made Excellent Laws both for Church and State and for the Ease and Benefit of both The Preamble whereof here follows 7 Stat. at Large 3 Ed. I. A. D. 1276. Excellent Laws made both for Church and State These be the Acts in French the Establishments of King Edward Son to King Henry made at Westminster at his first Parlement General after his Coronation on the Monday of Easter Vtas in French on the Morrow of the Close of Easter which was the same day the 3d year of his Reign By his Council and by the Assent of arch-Arch-Bishops Bishops Abbats Priors Earls Barons and all the Commonalty of the Realm being thither summoned because our Sovereign Lord the King had great Zeal in the French Will and Desire to Redress the State of the Realm in such things as required Amendment for the common Profit of Holy Church and the Realm and because the State of the Realm so in the French and of Holy Church had been evil kept and the Prelates and Religious People of the Land grieved many ways and the People otherwise Intreated then they ought to be and the Peace less kept and the Laws less used and the Offenders less punished then they ought to be by reason whereof the People of the Land feared the less to offend The King hath Ordained and Established these Acts in the French Things underwritten which he intendeth in the French understandeth to be necessary and profitable for the whole Realm First the King Willeth and Commandeth That the Peace of Holy Church and of the Land be well kept and maintained in With a saving to the King of the Rights of the Crown all Points and that common Right be done to all as well Poor as Rich without Respect of Persons This Statute is called Westminster the First and contains 51 Chapters and the 50th was A 8 In Tottel's Magna Charta 't is Chap. 49. in Mag. Charta Printed 1602 't is Chap. 50. saving to the King of the Rights of his Crown notwithstanding these Grants were made to the Honour of God and Holy Church for the common Good of the People and the Ease of such as were Grieved Thomas Wickes says this Statute was made by the Advice of the Lawyers Jurisperitorum 9 Chronic. 1. 102. Regni sui co-operante Consilio by which he gained the Hearts and Affections of the Plebesans Quo corda plebeiae multitudinis inaestimabili sibi Dilectionis sincertitate conjunxit Toward the latter end of July 1 Ib. f. 103. Gasto de Bearn submits himself Gasto de Bearn before-mentioned was sent to the King by the King of France who submitting himself and giving Security after a short Imprisonment was permitted to go into his own Country About 2 Ib. f. 104. Simon Montfort's Daughter and Prince Lewellin's Mistress made
Besides 7 Ibm. the Annual Sum here granted for the further Support of Guy Earl of Flanders and Marquis of Namur in this great Undertaking against the King of France in another Instrument in the same Roll and Membrane and in Respect of the Alliance he had made with him and the Covenants and Alliances mentioned in his Letters aforesaid King Edward gave him Three hundred thousand Livres Turnois Noirs That is Seventy five thousand Pound Sterling to be Received by his own People without any Deduction That is to say 200000 Livres upon his Assent to the Covenants 6000 Livres at Christmas following 24000 at Candlemas following and 70000 Livres at Easter or Fifteen days after or at the farthest at Whitsunday This Sum is obscurely hinted in the preceding Confederacy and this Grant is Dated at Ipswich the same Day and Year Yet farther as Part of this Alliance in another Record in the same Roll and Membrane 't is agreed That Edward the King 's Eldest Son so soon as he was of Age should Marry Philippe Daughter of the Earl of Flanders if the Match was not †Guy Earl of Flanders with his Wife and Daughter Philippe had been allured to Paris above a Year before by seemingly very kind Letters from the King of France where they were all made Prisoners the Father and Mother were Released about Twelve Months after but the Daughter was kept with Design to prevent this Match which would have been very Disadvantageous to France Mezeray Hist Fol. 325. A. D. 1294. hindred by the King of France her Death or any other occasion that might happen si le dit Marriage naloit este accomplir par lempeechement du Roy de France ou par la mort de la dite Phelippe ou par autre occasion quele que Ele avenist but if so then he was to Marry his other Daughter Isabel And this was to be performed without any hindrance of King Edward or any other to which he was not to consent nor to any Absolution of the Pope or others against these things Nene consentiones a la absolucion Encontee ces chose ne autre Empeechment d'Apostoille ne d'autrui Dated at Ipswich the same Day and Year The Clergy * Walsingham F. 69. N. 30. The Clergy meet at London and deny the King Aid a Second time met the Second time at London according to the King 's Appointment on the morrow of St. Hilary that is the 14th of January when they continued their Resolution and Denied to give him an Aid or Subsidy for the Carrying on his War against France according to the Pope's Inhibition * Ibm. F. 69. N. 30. procured by the Archbishop with the Consent of the Clergy All our Historians report the Refusal of the Clergy but none The Reasons of this Denial of them is so Express in giving the Reasons for it as Knighton Col. 2491. N. 10. 20. where he tells us That after the Clergy had refused to give the King an Aid Robert Winchelsey Archbishop of Canterbury spake thus to the Bishops Satis vobis constat Domini mei nec latere potest quod sub Omnipotenti Deo duos etiam Dominos habemus Spiritualem Temporalem Spiritualem vero Dominum Papam Temporalem Dominum nostrum Regem quamvis utrique obedientiam debeamus Majorem tamen Spirituali quam Temporali c. My Lords You know well that under Almighty GOD we have two Lords a Spiritual and Temporal Lord the Spiritual the Pope and Temporal our King and altho' we owe Obedience to both yet greater to the Spiritual than Temporal but that we may please both we will send special Messengers at our own Charge to our Spiritual Father the Pope to have leave to Grant something or at least Direction what we ought to do in this Case Vt Licentiam aliquid concedendi habere possumus vel saltem Responsum habeamus ab ipso quid facere Debeamus Credimus c. for we believe the King as well as our Selves doth Fear and would avoid the Sentence of Excommunication After this Denial he went on Progress or Pilgrimage to visit his Tutelar 8 Ibm. f. 44. lin 8. The King goes on Pilgrimage Saint or Protectress in Dangers or Adversity the Lady of Walsingham in Norfolk where his Procurators 9 See a particular Instrument about this Matter in the Record above Hugh le Dispenser and Walter de Beauchamp Steward of his Houshold at his Command and in his Presence it not being the Usage for him any ways to Swear in his own Person did Swear en la Chapelle de nostre Dame a Walsingham in the Chapel of the Lady of Walsingham for him and his Heirs Kings of England and in his Name according to the Power given them which he acknowledged That they should Perform and Fulfill all Matters and Things contained in the Instrument of Alliance between him and the Earl of Flanders Nous qui de usage avoms que nous en propre Procurators to swear to the Articles of Confederacy on behalf of the King Persone ne jurromy reconissoms que le dit Monsieur Hue Monsieur Wautier fesoms nous Procureurs lour donans poer e mandement c. par le testmoign de cestes presentes Lettres c. by Witness of these present Letters Dated at Walsingham le jour de la Chandeleur on the Candlemas-Day in the Year of Grace 1296 and of our Reign the 25th Anthony 1 Ibm. in another Instrument Bishop of Duresm Walter Bishop of Chester and Hugh le Dispenser pur ceo que en sa propre Persone le Roy nad mie use a jurer for that the King uses not to Swear in his proper Person did in like manner by the Power and Authority given them The King's Proctors sworn to the Covenants of Marriage c. by the King Swear That he should Fulfill and Keep all the Articles of the Covenants of Marriage between his Son and the Earl of Flanders Daughters This Instrument is also dated at the same place on Tuesday after Candlemass Le Mardy apres le Chandeleur A few days after the Confirmation of this Confederacy the King The King moved at the unkindness of the Clergy being much moved at the Backwardness Unkindness and Stiffness of the Clergy to assist him in this War against France gave Command 2 Append. n 18. Ordered the Lay-fees c. of the Clergy to be seised That all the Lay Fees of the whole Clergy as well arch-Arch-Bishops Bishops and Religious as of other Clercs whatever and of whatever State or Condition they were together with their Goods and Chattels found upon the same should be seised into his hands until the Sheriffs should receive other Commands from him Which Writs or Warrants to all the Sheriffs of England were dated at Ely in his return from Walsingham February the 12th This Writ was rigidly Executed as appears by the Protections hereafter mentioned and
Edward Where the Fines and Sums are not mentioned in the Certificates they are noted in an Account of them at the end of the Bundles of Certificates in this manner Henry de Gudeford gives the King to have his Protection x 1. Philip de Willugby entred into Recognisance to satisfie the King for his Lands and Tenements and Chattels found upon them and hath Protection for himself and Tenents Hugh Parson of Kingston before Sir Aleyn Plokenet and the Sheriff of Somerset made Fine of viii s. which is the Double c. And so the Certificates of very great numbers of others are contained and to be seen in the Bundles in the Tower What was done upon the second Commission appears by the Writs directed to the Sheriffs for Discharging and setting at Liberty such Rectors Vicars Priests and Clerks as had been imprisoned for publishing of the Popes Bull and Sentence of Excommunication and other Misdemeanors against the King and his Crown While the Execution of this first Commission was in Agitation there was an Assembly of the Clergy to be in Mid-Lent at London to which Assembly the King directs this Writ EDward 3 3 Append. n. 23. The Clergy forbidden to ordain any thing in preiudice to the King or his Affairs in their Synod by the Grace of God King of England c. To the Honourable Fathers in God the Arch-Bishops Bishops and other Prelates and to all those of the Clergy who at Mid-Lent next coming are to meet at London Greeting We forbid you all and every one of you upon as much as you can forfeit to us That you or none of you do ordain or cause to be ordained or assent to any Ordinance in that Assembly that may turn to the prejudice or grievance of us or any of our Ministers or those that are in our Peace or Allegiance and in our Protection or Adherents or any of them Given at Sturmister the 21st day of March in the 25th of our Reign And Hugh le Despenser had a Commission of the same Date to go in his own Person and take such with him of the Council as he thought fit to publish this Prohibition at the day of their meeting Pat. 25. Ed. I. p. 1. M. 9. The Result of this Synod we have in 4 Fol. 430. lin 4 A. D. 1297. The Result of that Synod Matthew of Westminster who tells us That the Archbishop and certain other Bishops his Suffragans meeting at St. Paul's London on the 26th of March to consult of the State of the Church Two Lawyers and Two Frier Preachers stood up and in hopes of gaining Royal and Temporal Favour argued and endeavoured to prove that the Clergy in time of War notwithstanding the Pope's Prohibition might Lawfully give and pay Taxes to the King And furthermore it being forbidden any one under Pain of Imprisonment to publish the Sentence of Excommunication against the King himself or those which lately sought his Protection they all departed The Arch-Bishop having first charged their Consciences with this saying Salvet suam animam unusquisque Let every Man save his Soul What was done upon the second Commission appears by the What was done upon this second Commission Writs directed to the Sheriffs for Discharging and setting at Liberty upon Security given such Rectors Vicars Priests and Clerks as had been imprisoned for publishing of the Pope's Bull and Sentence of Excommunication and for other Misdemeanors against the King and his Crown The King to the Sheriff 5 Append. n. 24. of Devon Greeting We Command thee That thou settest at Liberty first taking Security that they give us Satisfaction when we demand it those Chapellanes which thou didst lately take and imprison for publishing a certain Sentence and other Transgressions against us and our Crown according to what we more fully enjoined thee by Word of Mouth Witness the King at Plimpton the 11th day of April in the 25th of his Reign This Writ was followed by another directed to the Sheriff of Cornwall to the same purpose but more particularly for the delivery of such as were named in the Writ The King to the Sheriff of Cornwall Greeting 6 Append. n. 25. We Command thee That if our beloved in Christ William Bodrugan Archdeacon of Cornwall will undertake to have before thee Master Clement de Rupe Master Ralph de Treredenek William Vicar of the Church of St. Sevara and Thirty three others which were taken and detained in Prison at Launceston for publishing of a certain Papal Letter i. e. the Bull as 't was said so as they may appear before us at our Pleasure to make Satisfaction for their Faults if they have committed any of this Kind Then that you cause without delay to be delivered from the Prison aforesaid those Rectors Vicars Priests and Clerks which upon that occasion and no other were detained in the same Witness the King at Plympton the 17th of April in the 25th of his Reign King Edward's Engagements to the Earl of Flanders and his other Confederates required his going over Sea and about Ten days after at this place he directs his Warrants 7 Append. n. 26. The King gives Command to his Fleet to be ready to pass beyond Sea to the Barons and Goodmen of his Ports of Hastings Favesham Sandwich Hethe Winchelse Romenhale Dover and Rye commanding them to have the whole Service of their several Ports that was due to him ready Armed and Equipped at Winchelse on the Morrow of St. John the Baptist next coming to go whither he should command them And he Required them further That besides their Service they should fit out and arm all other Ships of Forty All Ships of Forty Tuns Burthen commanded to be ready Tuns Burthen or above to be ready at the same day and place to go with their other Ships into his Service but that he would not this should be made an Example for the future Witness the King at Plympton the 27th of April in the 25th of his Reign On the same day and at the same place he directs his Warrants 8 Claus 25. Ed. I. M. 19. Dors to the Bayliffs and Good-men of Yarmouth and to the Mayors and Bayliffs of all Ports in England the Occasion being Extraordinary to arm and set out all the Ships of 40 Tuns and above of their several Ports so as they might be at Winchelsey on the Morrow of St. John Baptist as before He sent also his Warrants and Orders of the same Date 9 Ibm. M. 19 20. to the Warden of the Cinque-Ports and the Sheriffs of all Counties in which there were Sea-Ports to repair to them and take care the Ships should be Armed and Equipped and ready at Winchelsey at the time he had Commanded Soon after 1 Claus 25. Ed. I. M. 17. Cedul Summons to all that had 20 l. per Annum to go with the King the King wrote to all the Sheriffs of England and Reginald de
Monsieur Walter de Rothevan Knights for themselves and all their Scots assistants who would be in the Peace and Faith of the King were Sworn First It was agreed That all Manner of People of Scotland who came to the Peace of the King with the said John Comyn except the Persons after named should be received to the Conditions following to wit Their Lives and Limbs or Members were saved They were to be Free from Imprisonment and not to be Disherited except for their Ransom or Fine and the Amends for their Faults only committed against the King Secondly Those under Age ought to have the same Conditions as to their Lives Limbs Imprisonment and Disheritance Thirdly For their Ransom and all other Things it should be as the King should order in his next Parlement which was on the Sunday after the Feast of St. Mathew next insuing and the Establishment of Scotland was to be as it should be then ordained Fourthly All the strong Holds now in the King 's or his Friends Hands should Remain so and the Charge of keeping them should be Defrayed out of what belonged to them or in other Convenient manner by those who had the Custody of them or to whom they were Delivered Fifthly The Prisoners on both sides were to be set Free except Monsieur Peter de Morham and his Father Sixthly That the Hostages for the Payment of the Ransoms of Prisoners on both sides should be Released The Persons Excepted were Robert Bishop of Glascow Monsieur James the Steward of Scotland John Soules Monsieur David de Graham Monsieur Alexander de Lindesey Monsieur Simon Fraser Thomas Du Boys and Monsieur William de Waleys concerning whom it was agreed That the Bishop as to his Body and Temporality the Seneschal or Steward and John Soules should have the same Conditions with the Commons That is have their Lives and Limbs safe be free from Imprisonment and not Disinherited but with two Years Banishment out of Scotland beyond the River Trent That the Steward's Castle should be in the King's Possession during his Exile and he to be at the Charge of keeping them Concerning Monsieur David de Graham and Monsieur Alexander de Lindesey it was agreed They should have the same Conditions and be Banished Scotland for half a Year David beyond the River Tweed and Alexander beyond Trent As to Monsieur Simon Fraser and Thomas Du Boys it was agreed also That they should have the same Conditions but be Banished the King's Dominions for three Years and also out of the Dominions of the King of France unless in the mean time they could find Favour and as to William Waleys he was to submit himself wholly to the Mercy of the King Further it was agreed That the Bishops of St. Andrews and Dunkeldin the Earl of Boughan i. e. John Comyn the Seneschal or Steward of Scotland Monsieur John de Soules Monsieur Ingelram de Humfranvill and the other Persons of Scotland which were abroad and the Confederates of John Comyn should come to the King's Peace within Fifteen Days after Easter next every one according to his Quality at Dumfermling to do Homage and swear Fealty And be it known That the foresaid Earl of Vlster Aymer Henry and John Benstede promised in Good Faith to use their best Endeavour with the King to Ratifie in all points this Accord by his Letters Patents so soon as John Comyn and others that should come with him had done their Homage and sworn Fealty in due manner In Witness whereof one Part of the Indenture which was to remain with the King was Sealed by John Comyn Edmund Comyn John de Graham John Vaux and others and the other Part was Sealed by the Earl of Vlster Aymer Henry and John Benstede Dated at Strathord the 9th day of February in the 33d year of the King the Title of the Record is Forma Pacis Scotiae in Adventu Johannis le Comyn aliorum The Form of Peace of Scotland upon the Submission of John Comyn and others In the 8 Ryley's Placit Parliamen f. 240. A. D. 1304. Ed. 1. 33 d. Parlement at Westminster on the Sunday after St. Mathew the Apostle the King enjoined the Bishop of Glascow how it came to be so at this time I find not the Earl of Carrick i. e. Robert Brus and John de Moubray 9 Ibm. f. 243 Three Scots a Bishop Earl and another to agree upon the Number and Quantity of the Scots to come to an English Parlement That they would treat amongst themselves and agree upon a Day and Place for a Parlement to be called concerning the State of the Kingdom and People of Scotland the Number and Quality of the Scots who should come to it and others who should stay in the Kingdom and have the Care of it Their Advice and Agreement 1 Ibm. They agree upon the Number and Quality of those Persons was That the Parlement could not be well assembled before Midsummer and the Place to be where the King pleased That as to the Persons Two Bishops Two Abbots Two Earls Two Barons and Two for the Commons Dieux pur la Commune were a sufficient Number if the King thought so And concerning the Persons that were to take care of the Kingdom they thought the present Guardians and King's Ministers with the Community were sufficient for that 2 Ibm. A. D. 1305. 33 Ed. 1. The King appoints the Time of the Parlement and consents to the Number of Commissioners to be chosen by the Scots which things being Read before the King and Council on the 26th of March the King Answered Willed and Granted Vult Concedit the Day of the Parlement should be three Weeks after Midsummer and that it should be at London That Ten who should be chosen by the whole Community might come to the Parlement for the whole Community of Scotland and that the Keeping of the Nation should be as they had said They three Petitioned the King That those which were Elected to come to this Parlement for the Community might have their Charges and Expences born by them His Answer was 3 Ibm. f. 244. Rex vult c. The King Wills That those Ten who shall be chosen to come Those Commissioners to have their Expences born to the Parlement for the whole Community of Scotland shall have their Expences of that Community c. This Parlement was 4 Ibm. f. 503 Claus 33 Ed. 1. M. 13. Dors in cedula Prorogued from three Weeks after the Feast of St. John Baptist to the Feast of the Assumption of the Virgin Mary or 15th of August and from thence to the Octaves of the Nativity of the same Virgin or 15th of September 5 Ibm. Ibm. f. 279. at which time came the Scots Commissioners chosen by the Commonalty of Scotland * who met for that Purpose at Perth on the Morrow of Ascension the Bishops of St. Andrews and Dunkeldin the
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
the Pope under his Great Seal and the Peers and Great Men of the Land under their Seals That he would cease from putting these Burthens upon the Nation and revoke what he had done And if any of the Peers or Great Men would not Seal such a Letter the Commons would not hold him a Well-wisher to the King's Profit or theirs And in case the Pope should not comply with what was desired they pray the King to encourage and maintain such as should and would endeavour to remove this Burthen and put such out of his Protection as would not They also pray him to Command all the Peers and Great Men of the Land to stay at this Parlement quietly until these things should be perfected and sealed as above Et la Comune pri a nostre Seigneur le Roy qil voille comander as touz les Piers Grantz de la Terre qils demoergent en pees a le Parlement tanque ceste choses soient perfaites enseales sicome desus est dit And for the great Damage that might happen in the mean time he would please to grant his Prohibitions to the Ministers and Proctors of the Great Bishops not to meddle in this matter until the Pope had wrote back his Pleasure The 8 Ibm. Ro. Answer to this was That the King understood the Mischief and would that the Great Men and Commons should order Remedy and Amendment and he would agree to it voet que entre les Grantz les Comunes soit ordeigner Remedie Amendment il sacorder And also the King would and agreed That Letters should be wrote to the Pope about this matter as well by himself as also by the Great Men and by the Commons And 9 Ibm. n. 10. then the Earls Barons and other Nobles and the whole Communalty of the Realm puis fu prier a nostre Seigneur le Roy en ce Parlement par Counts Barons autres Nobles tote la Comunalte du Roialme prayed the King That for to avoid and set aside the Damages Grievance and Oppression of the People and Holy Church of England de Seint Eglise d'Angleterre which were done there by the Reservations and Provisions of the Court of Rome par Provisions Reservations de la Court de Rome as well of Benefices as of First-Fruits and by Impositions of Tenths and other Burthens in Disheriting as well the King and his Crown as the said Earls Barons and other Nobles he would please to command to be considered certain Petitions of the Earls Barons and Commons of the Realm in the time of his Grandfather in his Parlement holden at Carlisle in the 35th Year of his Reign and also the Agreement and Judgment made upon them in that Parlement Their Prayer was granted and search was ordered to be made in the Rolls and Remembrances of the said Parlement where amongst other things it was found That upon the shewing of the Earls Barons and Commons their Petitions The Statute of Provisors made at Carlisle Ed. I. That Holy Church in this Nation had been founded in the State of Prelacy by his Grandfather and his Progenitors the Earls Barons and their Antecestors to inform the People in the Holy Faith and for Prayers Alms and Hospitality to be made done and kept in the Places where the Churches were founded for the Souls of the Founders and their Heirs and all Christians And that certain Possessions and Lands in Fee and Advowsons to a very great Value were assigned to the Arch-Bishops Bishops Abbots Priors and other Houses of Religion by your said Grandfather and his Progenitors Earls Barons and other Great Men of the Realm and their Ancestors and that they in the time of Vacancy of such Prelacies and Houses as Lords and Advowees or Patrons had and ought to have the Presentments and Collations of all manner of Benefices of the Advowry or Patronage of such Prelates to give them to Englishmen * Writ of the King's Council who had Great Place with his Grandfather and the Great Men abovesaid for their Knowledge and Advice when they had occasion to make use of them And that the Pope that then was had appropriated to himself the Gifts of such Possessions and Benefices by his Provisions and Reservations and gave and granted Dignities Prebendaries and Churches to such as never Resided in England and to Cardinals and others as well Strangers as Englishmen which could not Reside here as if he had been true Patron and Advowee of Right as he was not For which things if they should be suffered within a short time there would be no Benefice in the Gift of such Prelates but by such Provisions would be in the Hands of Strangers contrary to the Will and Intent of the Founders and so the Elections of Arch-Bishops and Bishops would fail Prayers Hospitalities and Alms which ought to be performed would cease and his Grandfather and other Lay Patrons in times of vacancy would lose their Presentments and Collations and the said Council would * For want of Bishops and able Dignified Persons of his own Nation of which then the King's Council mostly consisted perish and the Goods of the Nation in a great measure carried out of the Kingdom to the undoing of the State of the Holy Church of England de seinte Esglise Dengleterre and the Disinheriting of his Grandfather and his Crown des autres Nobles du dit Roialme and of other Nobles of the Realm and in Offence and Destruction of the Laws and Rights of the Kingdom to the greatest Damage and Oppression of the People and Subversion of the State of the whole Nation contrary to the Will and Ordinance of the first Founders By the Assent of the Earls Barons Nobles and Commonalty considering intirely the Errors and Damages aforesaid in the said Parlement of Carlisle it was Provided Ordained Decreed and Considered That the forenamed Grievances Oppressions and other Damages and Errors aforesaid from thenceforth should not be suffered to be done in any manner Whereupon the said Grandfather by his Writs forbad all such as it concerned to attempt or do any thing that might turn to the Blemishing of his Royal Dignity or in prejudice of the Nobles or his People and further he commanded all the Sheriffs by his Writs That if by Enquests taken any could be found doing to the contrary they should take their Bodies and bring them safely before him at a certain day to answer as well to him as others that would complain against them and to do further and receive what the Court should award in this Case Wherefore our Lord the King Edward the Third in this present Parlement at the Suit of the Commonalty making Suggestion by their Petition before him and his Council of many Errors Damages and Grievances that many times happened by such Provisions and Reservations as well of Benefices as First Fruits and other things whatsoever Of Impositions of Tenths
Ambush who commanded his Men not to hurt any of them and by a safe Conduct from Sir Hugh Caverley delivered them all to The Britans offer to yield their Towns and Castles to the English him without Ransom and informed him That if he would land it would much please the Lords and Inhabitants of the Country who were ready to deliver unto him their strong Towns and Castles if he would remain there for the Guard of the Country who Excused himself and said he had other Matters to prosecute and could not then satisfie their Desires The Duke of Britan by his own Subjects with the assistance A League Offensive and Defensive between King Richard and the Duke of Britan. of the King of France had been forced out of his own Country in the time of Edward the Third and was now in England and made a very strict League Offensive and Defensive with King Richard between them and their Subjects and no Peace to be made with France but by mutual Consent The Original being in the Old Chapter-house at Westminster Dated March 1. in the Year of Grace 1379 at Westminster Before this 7 Rot Clause 2 Ric. II. M. 13 Dors A Parlement called on the 16th of February Writs were issued for a Parlement to meet 15 days after Easter in which the Lords and Commons considering the great Necessities of the Kingdom the Malice of it's Enemies of France and otherwhere upon Condition the Mark upon every Sack of Wooll and the 6 d. in the Pound which was given in the last Parlement at Gloucester should be remitted did then grant 8 Rot. Part. 2 Rich. II. n. 13. The Subsidy of Wooll c. granted And a Sum of Money upon particular Persons the Subsidy of Wooll for one year after the Feast of St. Michael next coming of every Sack of Wooll as it had been granted before the Parlement at Gloucester and likewise a Sum to be paid by divers Persons of the Kingdom as there ordered and named For which see the Appendix Numb 102. Not long after this Parlement the 9 Walsingh f. 225. n. 50. The Duke of Britan called home A. D. 1379. and 3d of Ed. III. A great Mortality in the North. Britans called home their Duke who was convoyed by Sir Thomas Percy and Sir Hugh Calverley and landed at a Port near St. Malo on the 4th day of August where and in all Places he was received with a mighty Welcome and strange Rejoicings as well of the Lords and Great Men as Common People This Summer there happened 1 Ib. f. 228. n. 10 20 30. The Scots harrass and plunder the Country a great Mortality of People in the North parts of the Kingdom whereby the Country became almost desolate The Scots took this advantage invaded the Borders harrassed robbed and plundered the same killing many of the People that were left alive driving away vast numbers of Cattel scarce leaving any thing behind them not so much as Hogs which they never drove away before About the 2 Ib. f. 231. n. 50. f. 232. n. 10 20 c. A Fleet and Army to assist the Duke of Britan. Feast of St. Nicholas or 6th of December this Third year of the King a Fleet with an Army to assist the Duke of Britan against the King of France who had invaded his Country and taken several of his Towns and Castles was to have passed into that Dukedom under the Conduct of Sir John Arundel Sir Hugh Calverley Sir Thomas Percy Sir William Elinham Sir Thomas Morews Sir Thomas Banestor and many other Knights and Esquires great Soldiers so soon as they were out at Sea there arose an horrible Tempest which scattered the Fleet and The Fleet destroyed by Tempest drove them they knew not whether Sir John Arundel's Ship was lost and himself drowned as likewise Twenty five more and above 1000 Men Sir Thomas Percy Sir Hugh Caverley and Sir William Elinham with others of Note hardly escaped At the same time says 3 F. 335. n. 40. The French and Spanish Fleet destroyed by the same Tempest Walsingham the Spaniards and French had brought together a mighty Fleet out of France Spain Portugal and other Countreys subject to them to hinder the landing of the English in Britany but met with the same Storm and Tempest and lost more Men and Ships then the English did On the 20th of October last past the King had sent forth 4 Rot. Clause 3 Ric. II. M. 32. Dors A Parlement called Writs for a Parlement to meet on Monday next after St. Hillary or the 14th of January wherein the Commons by their Speakers 5 Rot. Parl. 3 Ric. II. n. 12. A. D. 1380. The Commons pray the Continual Council may be discharged The Five great Officers not to be changed until next Parlement pray That the Prelates and other Lords of the Continual Council may be discharged and no such to be retained seeing the King was of good Discretion and Stature de bone Discretion Bel Stature in respect of his Age which agreed with the Age of his Grandfather at the time of his Coronation who then had no other Counsellors but the Five Principal Officers of his Realm Praying further Those Five Officers that is to say the Chancellor Treasurer Guardian of the Privy Seal Chief Chamberlain and Steward of the Houshold not to be renewed or changed until the next Parlement They likewise 6 Ibm. n. 13 14. A Commission of Inquiry into Courts the State of the King's House Receits and Expences c. Pray a Commission to certain Commissioners to Survey and Examin in all Courts and Places the State of the King's Houshold the Expences and Receits in all the Offices c. This was granted and a Commission made to the Earls of Arundel Warwick and Stafford William Latimer Guy Bryan and John Montacute Banerets John Hastings John Gildesborough and Edward Dalyngrugge Knights William Walworth and John Philpot Citizens of London and Thomas Graa Citizen of York c. Then the 7 Ib. n. 16. The Lords and Commons grant a Fifteenth and half and Tenth and half For an Expedition into Britany Lords and Commons perceiving the King and Kingdom were set round with Enemies who with great Force endeavoured all they could as well by Land as Sea to destroy them both and further to extinguish the English Language therefore for the Defence and Safety of the Kingdom and for the good Success of the Expedition ordered into Britany and Destruction of the said Enemies grant freely tho it was very hard to be born to the King One Fifteenth and half without Cities and Burghs and One Tenth and half within Cities and Burghs with Prayer That his Subsidy and what was remaining of that given the last Parlement might only be applied to the Expedition into Britany and no where else Considering also 8 Ib. n. 17. The Subsidy of Wooll and granted a further time
the King but in less Matters except one wherein he was charged That by his fault some of the Tax given last Parlement was diverted to other Uses then for which it was given so as the Sea was not so well Guarded as it ought to have been To this he Answered 4 Ib. n. 7. His Answer to the Articles That while he was Chancellor he neither purchased any Lands of the King nor did he give any to him unless when he made him an Earl yet confessed he had 400 Marks a year of the King by way of Exchange for so much he had by inheritance out of the Customs of Hull whereof some part was assigned to him by one Tydeman de Limbergh and others before he was Chancellor and some part came to him by Descent and his Brother in Law Sir Richard le Scrop shewed the said Earl by his Valiant Acts in sundry Battles and his Worthy Behaviour and Counsel in several Offices at home did justly deserve what he had He Answered to every Article 5 Ib. n. 10. The Commons not satisfied with his Answer he sufficiently proveth the Oath had another intendment then what was then put upon it and further proveth that notwithstanding his Oath he did both lawfully take and buy But the Commons were not satisfied with his Answers and therefore at their Request by the King's Command he was Arrested and committed to the Constable of England and afterward let to Mainprise and had further 6 Ib. n. 13. The Judgment against him Judgment That for Breach of his Oath contained in the first Article all the Lands he had of the King's Gift in that Article should be seised into the King's Hand to have to him and his Heirs for ever together with all the Mean Profits and Issues of the same saving to him the Name and Title of an Earl and 20 l. a year granted out of the Profits of the County of Suffolk 7 Ib. n. 14 15 16. The like Judgment was given in every Case and Article where he was charged with Deceit of the King Sitting this Parlement the King was at 8 Knighton col 2681. n. 30. The King sent for to come to Parlement by the Duke of Gloucester and Bishop of Ely Eltham his presence was desired there and by assent of the whole Parlement Thomas Duke of Gloucester and Thomas Arundell Bishop of Ely were sent to him who saluting him on behalf of the Noblemen and Commons related to him their Thoughts or Requests in Words to the same sense that the Historian writes their Speech in 9 Ibm. Qui salutarent eum ex parte procerum Communium Parlementi sui sub tali sensu verborum ei referentes vota eorum and then begins Their Speech to the King upon this Occasion the Speech which was in such Language as Subjects in any times did not use towards their Kings and Princes so that 't is most probable Knighton was both the Author of the Words and Speech as indeed most Historians are of the Speeches and Orations found in them 1 Ib. n. 40 50 60 c. The Speech reckons up all King Richard's Faults most severely and what Wicked and Evil Counsels he followed and what desperate Courses he intended to pursue in delivering what he had in France to and putting himself under the Protection of that King threatning him several times with an old Statute and a laudable and approved Custom they had which could not be gainsayed to warrant what they said to him and urged him to perform 2 Ib. Col. 2683. I. 1. And at last the Speech-maker whether the Duke of Glocester or Thomas Arundell Bishop of Ely or Knighton tells King Richard they had one thing more to intimate to him on behalf of the People in these Words 3 Ib. I. 3. Habent enim ex antiquo Statuto de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex ex maligno Consilio quocunque vel inepta Contumacia aut Contemptu seu proterva voluntate singular aut quovis modo irregulari se alienaverit a populo suo nec voluerit per jura Regni Statuta ac laudabiles ordinationes cum salubri Consilio Dominorum procerum Regni gubernari Regulari set Capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve Excercere extunc licitum est eis cum Communi assensu consensu populi Regni ipsum Regem de Regali solio abrogare propinquiorem aliquem de stripe regia loco ejus in Regni solium sublimare That is For the People have it by an old Statute and by * The Case of Edw. II. Fact which cannot be expressed without Grief by Experience not very long since committed That if a King by any Malignant Counsel whatever or foolish Contumacy or Contempt or froward arrogant Wilfulness by any singular or irregular Means did alienate himself from his People nor would be Governed or Ruled by the Laws Statutes and Laudable Ordinances of the Kingdom with the wholesom Advice of the Lords and Noblemen but like a Blockhead frowardly exercise his own singular Will in his Mad Counsels then it was lawful for them with the Assent and Consent of the People of the Kingdom to Dethrone that King and place in the Throne in his stead some one more near a-Kin to him of the Royal Family On the 24th of October next following Thomas Arundell Bishop of 4 Clause 10 Ric. II. M. 35. The great Officers of State changed Ely was made Chancellor in the place of the Earl of Suffolk and on the same day John Gilbert Bishop of Hereford was made 5 Pat. 10 Ric. II. p. 1. M. 16. Treasurer instead of John de Fordham Bishop of Durham John de Waltham was also made Keeper of the Privy Seal In the 6 Pat. 10 Ric. II. p. 1. M. 7. Eleven Commissioners appointed to Govern the Kingdom Their Names Patents of this year of his own free-will at the Request of the Lords and Commons the King changed these Great Officers and further by advice and assent of the Lords and Commons in full Parlement in aid of the good Government of the Kingdom the good and due Execution of the Laws and in Relief of his own Estate and that of his People he appointed Eleven Commissioners William Arch-Bishop of Canterbury Alexander Arch-Bishop of York his Uncles Edmond Duke of York and Thomas Duke of Glocester William Bishop of Winchester Thomas Bishop of Excester Nicholas Abbat of Waltham Richard Earl of Arundell John Lord Cobham Richard Lescrop and John Devereux to be his great and Continual Council for one year next coming after the date And Power of these Letters Patents by which he gave them Power to Survey and Examine all his Officers Courts Houshold and the Government of the whole Kingdom To receive all his Revenue as also all Subsidies Taxes
of God Amen I Richard by the Grace of God King of England and France and Lord of Ireland do Absolve the arch-Arch-Bishops Bishops and other Prelates whatsoever of Churches Secular or Regular of what Dignity Degree State or Condition they are Dukes Marquesses Earls Barons Vassals Valvassores and my Liege Men whatsoever Ecclesiastick or Secular by whatever Name they are called from the Oath of Fealty and Homage and all others to me made and from all Bond of Ligeance Regality and Government or Command by which they have been or may be bound to me and them their Heirs and Successors for ever from the same Obligations Oaths and other Things whatsoever I free release and quit and make them free absolved and quit as to my Person according to the whole Effect of the Law which may follow from the Premisses or any of them And I do purely freely of my own accord simply and absolutely in the best Manner Way and Form that I can by this Writing Renounce wholly Resign and by Word and Deed put from me and recede for ever from all Royal Dignity and Majesty the Crown and Lordship and the Power of the said Kingdoms and Lordship and other my Dominions and Possessions which may any way belong to me and to all Right Colour of Right and Title Possession and Dominion that I ever had have or may have in the same or any of them also the Government and Administration of the said Kingdoms and Lordship and all mere and mixt Empire in the same and to all Honour and Royalty therein saving to my Successors Kings of England in the Kingdoms Dominions and Premisses for ever their Competent Rights And I do Confess Acknowledge Repute and truly of certain Knowledge Judge my self to be insufficient for the Government of the said Kingdoms and Dominions and for my notorious Demerits not unworthily Deposed And I Swear by these Holy Gospels of God by me Corporally touched That I never will Contravene this Resignation Renunciation Dimission and Cession or will any way oppose them in Word or Deed by my self or others nor will suffer them to be opposed or contravened as much as in me is publickly or privately but the same Renunciation Resignation Dimission and Cession will for ever hold firm and will firmly hold and observe them in the whole and every part as God and his Gospels help me Ego Richardus Rex antedictus propria manu hic me subscribo I King Richard beforesaid write my self with my own Hand And 5 5 Ib. n. 14. presently he added to his Renunciation and Cession That if it was in his Power the Duke of Lancaster should succeed him but seeing it was not he desired the Arch-Bishop of York and Bishop of Hereford who he had appointed to declare his Renunciation and Cession to the States of the Kingdom to intimate his Will and Pleasure to them and as a further Mark of his Intention he pulled his Signet Gold Ring off his own Finger and put it upon the Dukes desiring it might be made known to all the States of the Kingdom On the Morrow 6 6 Ib n. 15. being Tuesday the Feast of St. Hierom the Parlement met in Westminster-Hall where the Arch-Bishop of York and Bishop of Hereford publickly declared the King's Cession and Renunciation with the Subscription of the King's Hand and also the delivery of the Signet to the Duke of Lancaster The Cession and Renunciation was first read in Latin then in English and the States and People there present were asked if for their own Interest and the Profit of the Nation they would admit the Cession and Renunciation they unanimously answered They would admit it After 7 7 Ib. n. 16. which Admission it was publickly proposed That besides that it would be much expedient and advantageous to the Nation and to take away all scruples and sinister suspicions that many Crimes and Defects committed by the said King during the time of his Government for which as confessed in his Cession he might be worthily Deposed might be drawn up in Writing and publickly read and declared to the People The Tenor of all which Articles is such Here the Entry upon the Roll is confused and impertinent and such must be the Translation The Form 8 Ibm. of the Oath which the Kings of England usually take at their Coronation follows which is exacted and received from them by the Arch-Bishop of Canterbury as it is contained in the Pontifical Books of the Arch-Bishops and Bishops Which Oath was received from Richard King of England the Second after the Conquest by the Arch-Bishop of Canterbury and afterwards Repealed as may be found upon Record in the Rolls of Chancery Thou 9 Ib. n. 17. shalt wholly preserve the Peace of the Church and People of God and Concord in God according to thy Power and shall Answer I will preserve them Thou shalt cause to be done in all thy Judgments equal and right Justice and Discretion in Mercy and Truth according to thy Power and shall Answer I will do it Thou dost Grant that just Laws and Customs are to be holden and dost Promise to Protect and Confirm them to the Honour of God which the Communalty have chosen according to your Power and shall Answer I Grant and Promise To these such Questions may be added which are just which the King is to Confirm by his Oath upon the Altar before all Persons The Objections against the King concerning his Deposition do follow FIrst 1 1 Ib. n. 18. It is Objected to King Richard That for his Evil Government by giving the Goods and Possessions of the Crown to Unworthy Persons and indiscreetly dissipating of them and for this cause imposing grievous and intolerable Burthens upon the People and otherwise committing other innumerable Evils Having by his Assent and Command by the whole Parlement chosen and assigned certain Prelates and other Lords Temporal who with all their Power should faithfully labour at their own Costs about the just Government of the Kingdom made a Conventicle of his Accomplices proposing to impeach of High Treason the said Lords Spiritual and Temporal so imployed about the Government of the Kingdom and violently drew the Justices of the Kingdom to Confirm his Wicked Purpose for fear of Death and Torment of Body endeavouring to destroy the said Lords Secondly The same 2 2 Ib. n. 19. King lately at Shrewsbury caused to come before him and others that favoured him in a Chamber many Persons and the greater part of the Justices where by Threats and divers Terrors he induced caused and forced them singly to Answer to certain Questions on his behalf touching the Laws of his Kingdom against their Will and otherwise then they would have answered had they not been forced By Colour of which Answers the same King propounded to have proceeded to the Destruction of Thomas Duke of Glocester the Earls of Arundel and Warwick and other Lords with whom
61 F He corrupts the German Princes Fol. 63 C Of Valois his Alliances against Edward III. Fol. 200 A His Commissioners appointed to Treat of Peace Fol. Ib. His Fleet beaten by the English Fol. 205 C His Answers to Edward III.'s Challenge Fol. 207 D He is overthrown by him at Cresly Fol. 237 B His attempt to relieve Calais unsuccessful Fol. 242 B His Death Fol. 247 F Philpot John set out Men of War at his own Charge Fol. 334 C Is questioned for it and discharged Fol. Ib. Pickering Sir James his Petition in behalf of the Commons Fol. 335 C Plesington Sir Robert adjudged a Traitor Fol. 407 D Pole Sir Michael made Lord Chancellor Fol. 359 D He accuseth the Bishop of Norwich Fol. 360 C His Sentence against Four Knights Fol. Ib. D Is made Earl of Suffolk Fol. 363 F He is impeached his Answer and Judgment Fol. 365 ACE Is accused of High Treason Fol. 372 D Pope prohibits the Clergy from paying Taxes to Secular Princes Fol. 41 A His Explanatory Bull Fol. 54 C He by his own Power declared a Truce for Two Years between England and France Fol. 61 D Protested against by the French King Fol. Ib. F Accepted as Mediator and not as Judge Fol. 62 His Award between the Two Kings Fol. 64 65 He sent a Nuncio to compleat it Fol. 66 E His Claim to the Kingdom of Scotland Fol. 70 E He suspended the Arch-Bishop of Canterbury Fol. 81 C He appointed Receivers of his Temporalities but refused by the King Fol. Ib. F He absolved Edward I. from his Oath Fol. 84 C His Exactions in England Petitioned against by the Nobility Fol. 88 C He mediates a Peace between Edward III. and King Philip Fol. 200 F 202 D His Reservation of the Bishopric of Rochester to the Apostolic See Fol. 319 B Price of Provisions set by the King Fol. 120 C Revoked again by him Fol. 121 D Probi Homines in Scotland who they were Fol. 31 F R. Rapyngdon Philip Professor of Divinity in Oxford a Wyclivite Fol. 459 F Proceedings against him Fol. 460 461 Reading Sim. Executed for speaking ill of Q. Isabel Fol. 159 C Reynolds Walter Arch-Bishop of Canterbury writes to the Pope to Saint Tho. Earl of Lancaster Fol. 139 A Richard Eldest Son to Edward Prince of Wales Guardian of England Fol. 293 C Is Created Prince of Wales Fol. 302 D II. his Coronation Fol. 326 B His Command to his Parlement to dispatch their Business Fol. 337 D His Necessities forced him to Pawn his Jewels Fol. 343 A His Mercy to the Followers of Wat. Tiler Fol. 347 B He Knighted the Lord Mayor and other Citizens of London for their Services in Suppressing them Fol. 350 D His Grants of Liberties and Manumissions to Villans revoked in Parlement Fol. 351 B He appoints certain Lords to Examine into Mismanagements of his Affairs Fol. 352 A He Excepted several Towns and Persons out of his General Pardon Fol. 352 F His Offer to go in Person with an Army into France Fol. 356 E The Parlement Advise him to the contrary Fol. 357 C His intent to Arraign the Duke of Lancaster Fol. 362 A His Expedition into Scotland Fol. Ib. F His Answers to the Commons Petition about his Houshold Fol. 364 A He is sent for to Parlement by the Duke of Gloucester and Bishop of Ely Fol. 365 F He changed the Great Officers of State Fol. 366 E He appointed Commissioners to Govern the Kingdom Fol. Ib. F His Protestation in Parlement Fol. 367 C He questioned the Commission and Statute made in the last Parlement Fol. Ib. F His Judges Opinions of them Fol. 368 A His Reception by the Mayor and City of London Fol. Ib. He Excused the Duke of Gloucester and others by Proclamation Fol. 369 C He granted their Requests Fol. 370 C He sent the Judges taken off the Benches to the Tower Fol. Ib. E His grant of the Commons Petitions Fol. 390 D The Lords Spiritual and Temporal renew their Fealty and Homage to him and he his Coronation Oath Fol. Ib. F Is declared to be of full Age Fol. 392 A He seized and restored the Liberties of the City of London Fol. 394 A He concluded a Peace with France Fol. Ib. B He goes into Ireland Fol. 395 D His Kindness to several Lords Fol. 399 B C He made several Dukes and Earls Fol. Ib. D The Lords and Commons Oaths to him Fol. 400 401 He Pardoned the Duke of Hereford Fol. 403 F He appointed at the Commons Request certain Persons to determine Matters undispatched in Parlement Fol. 404 D He prevented Battle between Hereford and Norfolk and banished them Fol. 415 B Statutes and Ordinances made by him and others appointed Fol. 416 A He goeth again into Ireland Fol. 419 A His Nobility and People desert him and join Hereford Fol. Ib. D He offered to quit the Government Fol. Ib. E He is sent to the Tower and a Parlement summoned in his Name Fol. Ib. F The Process of his Renunciation and Resignation Fol. 420 421 Articles objected against him Fol. 423 c. William Thyrning's Speech to him in the Tower Fol. 434 E Bishop of Carlisle's Speech in his behalf Fol. 438 D He was removed to Ludlow and from thence to Pontfract Fol. 452 A The French King attempts his Relief but without effect Fol. Ib. B The manner of his Death uncertain Fol. Ib. D c. His Wives Fol. 467 Rickhill Sir William appointed to take the Confession of the Duke of Gloucester at Calais Fol. 409 A His Declaration of the same in Parlement Fol. 411 B Rioters how to be prosecuted Fol. 193 Rochellers declare for the King of France Fol. 292 F Roger Earl of March slain in Ireland Fol. 419 A Rushook Tho. Bishop of Chichester Confessor to Richard II. impeached by the Commons Fol. 388 A His Answer Fol. Ib. B Is found guilty and banished Fol. 389 C S. SCotland and Scots their Agreement with Edw. I. about Margaret King Alexander III's Grandchild and Heir Fol. 15 16 K. Edward's Concessions to them about the Match Fol. Ib. Their Nobility desire time to Consider of King Edward's Claim of the Crown of Scotland after Margaret's Death Fol. 18 D E The Competitors produce nothing against his Claim Fol. 20 Their Names and Submission to King Edward's Decision and how their Rights were to be tried Fol. 21 A B D The Guardianship of the Kingdom committed to King Edward Fol. 22 E They Swear Fealty to him Fol. 23 B How the Right of Succession to be determined Fol. 24 F The Kingdom not partible Fol. 27 B They send for Absolution to the Pope Fol 35 A They Command the English to quit Scotland Fol. Ib. D They enter England are beaten and then they submit Fol. Ib. 37 E 64 B They again Revolt and Submit Fol. 53 A They force the English out of Scotland Fol. 59 A They apply themselves to the Pope Fol. 70 E The Terms of Peace granted them by King Edward