excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
and of their Wives The Citizens Burgesses and Tenents of the ancient Demeasns of the Crown granted a Fifteenth part of their Moveables as also did the Clergy In his Second year at a Parlement holden at Westminster a Claus 3 Ed. II. M. 23. in Ced Month after Easter the Laity granted a Twenty fifth of their Moveables In the Seventh year in his Parlement at Westminster the Earls In Rot. Comp. ut supra Barons Knights Freemen and the Communities of Counties gave a Twentieth part of their Goods and the Citizens and Burgesses and Communities of Cities and Burghs gave a Fifteenth In his Eighth year he had a Twentieth part of the Moveables of Rot. Pat. 8 Ed. II. M. 12. Dors Part 2. the Laity granted by the Communities of Counties of the Kingdom per Communitates Comitatuum Regni in Parlement In his Ninth year he had granted a Fifteenth of Citizens Burgesses Rot. Parlem 9 Ed. II. n. 2. and Tenents in ancient Demeasns for his War with the Scots in the Parlement held at Lincoln the Community of the Kingdom or the Military Men being summoned to do their Service then In the Fifteenth year of his Reign the King * Rot. Claus 15 Ed. II. M. 16. Dors summoned a Parlement to meet at York three weeks after Easter and after the end of this Parlement and after the 7th of July next following he directed his Writs to the Prelates and Clergy to meet at a Provincial Council at Lincoln which the Arch-Bishop of Canterbury was immediately to summon to Treat of a Competent Ayd to be granted to him toward his Expedition against the Scots who had invaded England in which Writs as it were for a Direction he * Rot. Claus 16 Ed. II. M. 20. Dors recites what the Earls Barons Noblemen and the Communities of the Kingdom had done in the Parlement at York viz. That they had granted him a Tenth of the Goods of the Community of the Kingdom and a Sixth part of the Goods of Citizens Burgesses and Tenents of ancient Demeasns * Ibm. Praelati Comites Barones proceres necnon Communitates Dicti Regni apud Eborum ad tractandum super dictis negotiis aliis nos statum dicti Regni tangentibus nuper Convocati decimam de Bonis de Communitate ejusdem regni sextam de Civitatibus Burgis Antiquis Dominicis nostris nobis liberaliter concesserunt gratanter The Issue of Edward II. by Isabell Daughter of Philip the Fair King of France ON the Day of St. Brice or 13th of November his Eldest A. D. 1312. Ed. II. 12. Walsingh Hist f. 102. n. 30. Son Eoward who succeeded him by the Name of Edward the Third was born at Windsor In the year 1315 his Second Son John was born at Eltham Ibm. Hypodig Neutr f. 502. n. 30 40. from whence his Title on the Assumption of the Virgin Mary in the Eighth of his Father's Reign he was Created Earl of Cornwall and after several Matches propounded for him died unmarried about the 20th year of his Age. Joan his Eldest Daughter Married to David King of Scots Sandford Genealog Hist c. f. 155. when both Children and after being his Wife 28 years died without Issue Eleanor Dutchess of Gueldres his Second Daughter she Married Ibm. Reynald Second Earl of Gueldres who was Created Duke of Gueldres by the Emperor Lewis of Bavaria by her he had Two Sons Reynald and Edward who were both Dukes successively after him and died without Issue A CONTINUATION Of the Compleat History of England c. King EDWARD the Third THis Young Man at the Age of Fourteen Years being placed in the Throne of his Father then living and in Prison as hath been related in the latter end of the The young King managed by the Queen Mortimer c. The Adherents to Tho. Earl of Lancaster petition former Reign was with all the Affairs of the Nation managed by the Queen with the Advice of Roger Mortimer chiefly and other Privado's in their Designs who had been all Favourers and Abettors of the Cause and Quarrel of Thomas Earl of Lancaster whose Adherents being all Friends to and Assistants in this Revolution on the 3d of 1 Append. n. 82. to be restored to their Lands c. They were all Friends to and Assistants in this Revolution February two Days after the Coronation Petitioned the King and his Council in that Parlement which had Deposed his Father then Sitting at Westminster That being of the Quarrel of the Noble Earl of Lancaster estetent de la Querele le Noble Counte de Lancastre and therefore wrongfully Imprisoned Banished Disherited might be Restored to their Estates with the Issues of them from the time they had been wrongfully diseised And it was granted by the Assent of the whole Parlement That all the Lands and Tenements which had been seized by reason of that Quarrel or Contention which was affirmed to be good by the whole Parlement ia quele Querele par tot le Parsement est afferme bone as well in Ireland and Wales as in England should be Restored with their Issues and Arrears of Rent except those that had been Received to the King's Use On the same Day 2 Stat. at Large 1 Ed. III. The first thing printed f. 77. All that came over with the Queen her Son pardoned and those that joined them after their arrival all those that came over with the Queen and her Son and those that joined with them after their arrival were also pardoned c. The long Preamble to that Pardon Statute or Grant is worth notice as containing the Cover Pretences and Suggestions of all the Contrinances and Designs against Edward the Second in these Words Whereas Hugh Spenser the Father and Hugh Spenser the Son late at the Suit of Thomas Thun Earl of Lancaster and Leicester and Steward of England by the Common Assent and Award of the Peers and Commons of the Realm and by the Assent of King Edward Father to our Sovereign Lord the King that now is as Traitors and Enemies of the King and his Realm were Exiled Disherited and Banished out of the Relams for ever and afterwards the same Hugh and Hugh by Evil Counsel which the King had taken of them without the Assent of the Peers and Commons of the Realm came again into the Realm and they with others procured the said King to pursue the said Earl of Lancaster and other Great Men and People of this Realm in which Pursuit the said Earl of Lancaster and other Great Men and People of this Realm were willingly Dead and Disherited and some Outlawed Banished and Disherited and some Disherited and Imprisoned and some Ransomed and Disherited and after such Mischief the said Hugh and Hugh Master Robert Baldock and Edmond late Earl of Arundel usurped to them the Royal Power so that the King nothing did or would do but as the said Hugh and
no share of his it happened that in an Assembly they had at Prague for the Coronation of King Wincheslaus they easily suffered themselves to be persuaded the Pope was consenting to the Deposition of Adolphus as being useless to the Empire and in effect the Cabal was so strong that they Deposed him and Elected Albert Duke of Austria The Two Competitors came to Blows about it near Spire the 2d of July Adolph fighting valiantly but betrayed or at least forsaken by his Men there lost his Life The Abbat of Vrsperg an old German Writer of this time says thus 7 Paralip fol. 341. Printed at Basil 1559. The occasion of his being Deposed Whereas there was great confusion in the Empire and there was necessity to have a more powerful Emperor the Electors met at Ments and Deposed him for when Adolph had received 75000 Marks to assist the King of England against the King of France he kept it all to himself and divided none amongst the German Princes he could neither raise Soldiers nor help the English This Charge in the Empire and the Embroilment of his Affairs at home caused King Edward to accept the Popes Mediation as above The King before this time had summoned the 8 Cl. 26 Ed. I. M. 5. Doâ—s Militia of the Nation to meet him at Carlisle on Whitsun-Eve with their Horse and Arms to go against the Scots whose Power was now The King summons the Militia of the Nation against the Scots formidable and their Forces numerous yet on the 10th of April 9 Ibm. M. 12. Cedula Dors A Parlement or great Council summoned he summoned the Earls and Barons Two Knights of every Shire Two Citizens of every City and Two Burgesses of every Burgh to meet and Treat with him about certain Matters that concerned him and the whole Kingdom 1 Walsingh f. 75 n 20. The Charters Reconfirmed Here the Constable and Marshall demanded that because the Charters had been confirmed beyond Sea for the greater security they might be confirmed again The Bishop of Durham the Earls of Surrey Warwick and Glocester promised the King should do it upon his Return with Victory The King then commanded his Army to be ready at Roxburg upon Tweed on the Feast of St. John Baptist The King going aside to Visit St. John of Beverly found his Army at the time and place appointed 2 Ib. n. 30 40 50. and f. 76. n. 10. The Scots beaten at Falkirk He marched on into Scotland The Scots meet him with a mighty Army under the Conduct of Waleys On St. Mary Magdalen's Day or 22d of July both Armies drew up in a large Field near Falkirk upon the Signal given by the King the English boldly attacked the Scots their Horse soon gave ground the English pursuing and killing great numbers my Author says Sixty thousand Waleys and the Great Men of Scotland fled into the Woods After some stay in Scotland where he used some severity The King returns into England in his Return at Carlisle he gave the Constable and Marshall Leave to go home and stayed himself in the North Parts until after Christmas when he returned into the South and in 3 Cl. 27. Ed. I. M. 18. Dors Summons a Parlement February summoned a Parlement to meet on the first Sunday in Lent 4 Walsingh f. 76. n. 20. The Pope's Award read in it where was Read the Pope's Instrument of Award between the Two Kings which is long but the Effect thereof was 5 This Instrument is Intituled Pronuntiatio Bonifacii in Jurie London 25 Ed. I Pryns Ed. I. f. 758. The Articles of his Award as Benedict Caietan not as Pope That whereas they by their special Messengers and Proctors had compromitted into him as a Private Person and Benedict Caietan and as an Amicable Composer and Arbiter of all Wars Controversies Differences and Causes whatever moved between them He did Award and Pronounce 1. That there should be a firm and stable Peace between the Two Kings 2. That the voluntary forbearing of Hostility and the Truce lately made and confirmed between the Two Kings c. should be inviolably observed 3. That the King of England should Marry Margaret the King of France his Sister and Endow her with 15000 l. Turnois i. e. 3750 l. Sterling per Annum 4. That Isabel the Daughter of the King of France not then 7 years old should at convenient time be Married to Edward the King of England's Son then 13 years of Age with the Dower of 18000 l. Turnois per Annum 5. That all Goods on either side Ships especially taken before the War and then not imbeziled or destroyed should be restored and if destroyed and not to be found then either King to make Satisfaction at the Request of each other 6. That all the Lands Vassels and Goods which the King of England had in France before the War which he may have restored to him by virtue of this Compromise he should have and enjoy under such Conditions and Security as shall be awarded 7. That all the Lands Vassals and Goods which the King of France was then possessed of that were the King of England's before the War and those the King of England was then possessed of should be put into the Hands and Possession of the Pope and so to remain until the Kings themselves agreed about them or he should order what was therein to be done without prejudice to the Lands Vassals and Goods or the King 's as to the Possession Detention or Propriety of them This Pronunciation or Award was Dated at the Pope's Palace in Rome on the 20th of June 1298. 26th of Edw. I. A. D. 1298. To which Award when it was read in Parlement all the Clergy and Laity gave their Consent 6 Mat. West f. 431. n. 50. The whole Parlement confirm the Pope's Award Cui assensum praebuit Plebs omnis Clerus This done the 7 Ibm. The Charters confirmed The King refused to confirm the Disforesting Earls Barons and Prelates demanded the Confirmation of the Charter of Liberties and of the Forest with the Deforestation then made He confirmed the Charters but refused to confirm the Deforestation or parting with so much Land out of his Forests as they demanded Walsingham 8 Fol. 76. n. 40. Reports That in this Parlement the King being desired to confirm the Charters as he had promised in Scotland after some delay consented with a Salvo jure Coronae saving the Rights of his Crown which the Earls hearing returned home but calling another 9 Claus 27 Ed. I. M. 18. Dors Writ dated Apr. 10. Parlement to meet 15 days after Easter he granted what they desired The Execution of the Pope's Award was delayed neither of the Kings being forward to deliver their Possessions c. in Gascoign into his Hands but being resolved to make Peace if he could 1 Rot. Aâ—â—m 27 Ed. I. M. 11. intus
his Army could not pass it part of which was cut down and a very large and wide Way made into Lewelin's Country where he Built the two Castles of Flint and Rothelan seised the Welshmen's Lands and Goods and wasted their Country drave them into their usual place of Retreat the Mountains of Snowdon and with the assistance of the Men of the Five Ports took the Anglesey taken Isle of Anglesey The Prince of Wales finding himself not able to resist the Force of the English desired Peace which was 5 Walsingham f. 48. n. 10 20. Granted unto him upon the following Articles 1. That all English Prisoners should be Released freely without Peace granted to the Prince of Wales and the Articles claiming any thing from them 2. That for this Peace and the King 's Good Will he should pay at the King's pleasure 50000 l. Sterling 3. That Four Cantreds and all the Lands Conquered by the English except Anglesey should be and remain to the King and his Heirs for ever And for Anglesey the Prince was to pay to the King 1000 Marks every year The first Payment to begin at Michaelmass then at hand and for his Ingress or Entry upon it 5000 Marks and if the Prince died without Heirs the King to have the Possession of it 4. That he should come into England to the King at Christmass to do his Homage 5. That all the Homages in Wales should be to the King except of Five Barons that lived in the Confines of Snowdon because he could not be called Prince unless he had some Barons under him for his Life but after his Death the Homages of those Five Barons should remain to the King and his Heirs for ever For the Security and Observation of these Articles he delivered to the King 6 Ibm. Security for the performance of Articles Ten Hostages of the best Persons in Wales without being restrained or disinherited And the best Men of every Cantred and of Snowdon by Consent of the Prince were to Swear upon the Holy Reliques That whensoever the Prince broke any of these Articles unless upon Admonition he corrected himself they would Estrange themselves abalienarent se ab eo and become his Enemies in all things they could Also besides these things 7 Ibm. he was to satisfie his Brothers for the Injuries he had done them they were Three Owen and Roderic whom he had put into Prison and David whom he had forced to fly into England The Laity as an Aid towards this War 8 Ibm. n. 20 30. gave the King the 20th part of their Goods If the Reader desires to be better informed or to see this Welsh Affair in a clearer light let him look back into the Life of Hen. III. fol. 578 579 580. and fol. 663. D. E. F. c. Upon this Peace 9 Ibm. n. 30. Leolin Marries the Daughter of Simon Montfort Eleanor the Daughter of Simon Montfort was given in Marriage to Lewelin by the King whose Prisoner she had been The Solemnity was performed at his Charge and He with his Queen was present at it About this time 1 Ibm. n. 40. A. D. 1279. The Earldom of Pontieu the Inheritance of the Queen of England the Countess of Pontieu the Queen's Mother died who had been Queen of Castile whose Inheritance the Earldom of Pontieu descended to her Daughter with whom the King passed the Seas about the Feast of Ascension and was Honourably Received by his Cousin Philip King of France and the most Powerful of his Kingdom at Amiens 2 Alezer f. 319. A. D. 1279. The King and Queen do Homage for several Countreys in France The King gives up his Right in Normandy who there received the Homages of the King and Queen of England for the Countries of Agenois Limosin Perigord Xantoigne in Aquitan and the Earldom of Pontieu in Picardy and other Lands and delivered unto them the Perpetual Possession of them For this King Edward gave up all his Right in the Dutchy of Normandy only reserving 30 Livers of Paris to be paid Annually out of the Exchequer It was in this year that so great a number of Jews were Hanged and Fined for Clipping and Falsifying the King's Coin as appears by some Writs about this Matter tho' the Story is placed by Math. Westminster in the year before He says 3 F. 409. n. 20. Jews Hanged for Clipping and Counterfeiting the King 's Coyn. in the Month of November all the Jews in England were taken and imprisoned in one day for Clipping and Counterfeiting the King's Money who accused many Christians as guilty of the same Crime They were Legally Tried and Convicted before Special Justices appointed for this Service viz. Walter Heliun and John Cobham as the Writs inform us as Pat. Roll. 7. Ed. 1. M. 1. de domibus A. D. 1279. Judaeorum suspensorum vendendis for the Sale of the Jews Houses that were Hanged as Escheated and Pat. 7. Ed. 1. M. 11. de potestate vendendi Domus Redditus Judaeorum Dampnatorum Power given to sell the Houses and Rents of the Condemned Jews Also Pat. 7. Ed. 1. M. 1. de finibus a Judaeis recipiendis for the Receiving Fines of the Jews such as Compounded for their Felonies and Faults 4 Ibm. There were no less then 280 of both Sexes Hanged in London and in other Cities of England Maxima multitudo a very great number besides such as were Fined The Friers Preachers in England who desired to Preach to the Preachers to Convert the Jews Obstinate Jews thereby to Convert them to the Christian Faith and turn them from their Wicked Practices and Unbelief applying themselves to the King obtained a 5 Pat 8. Ed. I. M. 27. A. D. 1280. Writ to all Sheriffs Bayliffs and other Liege People to admonish and induce the Jews in all Places to come and hear their Preaching without Blasphemy or Disturbance at such times as the Friers Preachers should direct The Title of the Writ in the Margin of the Roll De praedicando Judaeis about Preaching to the Jews And to promote their Conversion and for their Support when Converted 6 Ibm. Part. 1. M. 15. Dors orintus Maintenance granted to the Converted Jews the King granted that toward their Maintenance they should have half the forfeited Estates of the Jews distributed for their Maintenance and the other half should go to the House of Converts now the Rolls in Chancery-Lane London for the Support of Converts there and further that the Moiety of the forfeited Estates of the Jews and all Deodands be distributed in Alms according to the Patent pro sustentatione Judaeorum Conversorum for the Sustentation of the Converted Jews Yet for all this Incouragement the Preachers made no Work of They remain obstinate and unconverted it the Jews remained so still they were the same Vsurers and Brokers accounted then Wicked People as before and the same Infidels Only some Poor
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
intent upon this Business 5 Ibm. The King of Scots Confederates with the K. of France he had certain Information That the King of Scots with his Prelates Earls Barons and other Noblemen Communities of Cities and Towns and others of the Chief Inhabitants of the Kingdom had made a Confederacy and League with the King of France against him Sealed with both their Seals and Counter-changed 6 Ibm. For Dispatch whereof the King of Scots at the Instance of his Bishops Earls c. sent four Procurators or Commissioners William Bishop of St. Andrews Matthew Bishop of Dunkeld John de Soules and Ingram de Vmfreville the Sum of the League was First That Edward King John's Son should Marry the Daughter The Articles of the Confederacy of Charles of Valois Earl of Anjou the King of France his Brother Secondly That the King of Scotland in the present War should assist the King of France against the King of England and all Confederates as well by Sea as Land against the Emperor of Germany and others Thirdly That he should at his own Charges make War against the King of England when he was Employed in or Diverted by War in other Places Fourthly That as well the Earls 6 Ibm. Barons Prelates and other Noblemen as far as of right they might and also the Communities of ths Kingdom of Scotland should as soon as they could send him their Letters-Patents under their Seals of their Consent to these Things Fifthly That if the King of England Invaded Scotland the King of France was to make War upon him in other Parts to divert him or if required to send Forces into Scotland at his own Charges until they came there Sixthly That if the King of England went out of his Kingdom or sent many Forces abroad the Commissioners promised that especially in this Case the King of Scotland should enter England with his whole Power as far as he could making War in the Field besieging Towns wasting the Countries and by all possible ways Destroying England Sevently That they should not make Peace on either side without the Consent of the other The League it self and the Procuratory-Letters are to be found in this Record and in Hen. de Knighton Col. 2473. Toward the 7 Ibm. King Edward goes to Newcastle time appointed the King of England prepared for his Journey to Newcastle and sent before him the Abbots of Newminster and Wellebeck to the King of Scots to give him notice of the Adjornment and time of his coming by whom he also Demanded certain Castles in the Marches to be Delivered to him for his own and Subjects security from the present Dangers which when past he should Receive again and that he might so Receive them without Difficulty he sent by the Abbots his Obligatory-Letters for the Performance of his Promise On the First of 8 Ibm. The King of Scots came not March 1296 and the 24th of his Reign the King was at Newcastle and staid there many Days Expecting the King of Scots he came not the King of England moved nearer Scotland to Banburgh and War where he also Summoned and Expected him for some time yet he neither came nor sent to Excuse himself but Returned the Homage and Fealty for himself and all others of the Kingdom to King Edward and Defied him by the After a second Summons he Defies him Following Instrument or Writing TO the 9 9 Ibm. Hen. de Knighton Col. 2477. The Instrument by which he returned King Edward his Homage and Defied him Magnificent Prince Edward by the Grace of GOD King of England John by the same Grace King of Scotland Whereas you and others of your Kingdom you not being Ignorant or having cause of Ignorance by your violent Power have Notoriously and Frequently done grievous and intolerable Injuries Contempts Grievances and strange Damages against us the Liberties of our Kingdom and against God and Justice Citing us at your pleasure upon every slight Suggestion out of our Kingdom unduly Vexing us seising our Castles Lands and Possessions in your Kingdom unjustly and for no fault of ours taking the Goods of our Subjects as well by Sea as Land and carrying them into your Kingdom Killing our Merchants and others of our Kingdom carrying away our Subjects and Imprisoning them For the Reformation of which things we sent our Messengers to you which remain not only unredressed but there is every Day an addition of worse things to them For now you are come with a great Army upon the Borders for the Disinheriting us and the Inhabitants of our Kingdom and proceeding have inhumanely committed Slaughter Burnings and violent Invasions as well by Sea as Land We not being able to sustain the said Injuries Grievances and Damages any longer nor to remain in your Fealty or Homage extorted by your violent Oppression we Restore them to you for our Self and all the Inhabitants of our Kingdom as well for the Lands we hold of you in your Kingdom as for your pretended Government over us 1 Ibm. Knighton says this Letter was without Date 2 Walsingham 1 Ib. 2. f. 66 n. 20. says it was sent about the beginning of April when the Guardian and Lector of the Frior Minors of Roxburgh brought it to the King Before this Restitution of Homage and Fealty the Scots sent 3 Knighton ut supra col 2477. n. 20. to Rome to have Absolution from their Oaths and Homage and upon false Suggestions made to Pope Celestin they were absolved by his Bull. Deinde Scoti miserunt ad Curiam Romanam pro absolutione habendâ de Juramento suo praestito Regi Angliae de Homagio suo illi facto per falsam suggestionem factam Celestino Papae sunt absoluti per Bullam Papalem This is a true Abstract of the 4 In fine Rotuli Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Chamberlains of the Exchequer in the 3d Treasury at Westminster in a long Painted Box in a great Wooden Chest the Original Roll or Record of the Superiority of the Kings of England over the Kingdom of Scotland and of the Homages and Fealties of the King and Kingdom of Scotland in the 19th 20th 21st 22d 23d of Edward the First A. D. 1291 1292 1293 1294 1295 containing 34 Membranes or Skins of Parchment drawn up by Andrew sometimes Clerk to William de Tang and Publick Notary by the Popes Authority who was present with the Witnesses to every Act who were the best Men of both Kingdoms heard and saw the things done and signed every Membrane with his usual Mark or Sign now remaining in the Tower of London and Printed at large from the Roll in Mr. Pryn's Second Volume of the History of King John Henry III. and Edward I. Not known to any of our Historians and therefore the Truth of these Transactions not understood which makes a considerable part of the History of his Reign And this Record
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
he sent the Bishop of Vicenza to the King of France before whom and with the Consent of the King of England's Commissioners it was Agreed That both the Kings should perform that Article and King Edward Authorized several Commissioners The King of England performs the 7th Article of the Pope's Award to deliver the Possession of his Lands Vassals and Goods into the hands of the Bishop who was to receive them in the Name of the Pope as a Private Person and Benedict Gaitan This Instrument bears Date at Westminster April 22. 1299 the 27th of Ed. I. In May following Prince Edward 2 Ibm. Prince Edward Contracted to Isabel the King of France his Daughter made the Earl of Lincoln his Proxy to Contract the Espousals with Isabel the King of France his Daughter While the Bishop of Vicenza was in France he sollicited the Release of John Baliol King of Scots by the King of France his Mediation to the Pope to give it in Charge to the Bishop his Legate who obtained it 3 Append. n. 36 and Pryn's Ed. I. f. 797. A. D. 1299. 27. Ed â— and he was delivered to him at Whitsand in France by Robert de Bourghersh Kt. Constable of Dover Castle the King's Proxy upon Saturday before St. Mary Magdalen's Day or 22d of July upon Condition That the Pope might Direct and King John Baliol delivered to the Pope's Proxy Order what he pleased only as to his Person and the Estate he had in England as King Edward might have done if he had been personally with him in England saving to him and his Heirs Kings of England the Kingdom of Scotland the Men and Inhabitants and all the Appurtenances to that Kingdom It being there Read and Rehearsed before his Delivery and in his own presence and the presence of the Bishop of Vicenza That he had committed many Inhuman Trespasses and Treasons against his Sovereign Prince King Edward contrary to his Homage and Fealty c. And that the Pope should not Qrdain or Direct any thing in the Kingdom of Scotland concerning the Men or Inhabitants or Appurtenances of the same Kingdom for John Baliol or his Heirs which are or may be or any other Cause whatsoever And upon these Terms the Bishop in Name and Stead of the Pope received him from the King's Proxy on the said Saturday before the Feast of St. Margaret A. D. 1299. and 27th of Ed. I. Certainly at this time the Pope understood not that Scotland was his Fee as he claimed it two years after It may be supposed that King John Baliol was willing to go any His Character of the Scots whither rather than into his own Country he having voluntarily and of his own accord without the privity of King Edward by an 4 Append. n. 37. and Pryns Ed. I. f. 665. Instrument drawn by a Publick Notary the year before Renounced Scotland and Resolved never to come there more or have to do with it because he had found such Malice Fraud Treason and Deceit in the Scots that they had designed to poyson him This year 5 Mat. West f. 431. n. 50. died Two very great Men Humfry de Bohun Earl of Essex and Hertfordshire and Constable of England and William Beauchamp Earl of Warwick The Scots were this year Troublesome and the King had summoned the Militia of the Kingdom 6 Brevia Regis in Jurie Lond. 27 Ed. I. and Pryns Ed. I. f. 809. The King summons the Militia to go with him into Scotland The Pope sends a Nuncio to compleat his Award to meet him at Carlisle on the Vigil of Pentecost to go with him into Scotland upon his own Wages against his Enemies and to settle such English as he had there given Lands unto in them in the mean time he received a Message from the Pope that he was sending his Nuncio to Mounstreuit in Picardy where should be a Treaty to end all Differences in pursuance of his former Award This Message was communicated to the Arch-Bishop of Canterbury other Bishops Earls and Barons who advised him to remain in the South while this Treaty was over by reason of Debates that might happen in it which might require speedy Advice and Resolution and therefore wrote to all the Sheriffs of England to make Proclamation the Militia should not meet at Carlisle until the first of August Given at Stabenheth the 7th of May 27th of Ed. I. A. D. 1299. 27 Ed. I. Many of the Nobility and People not being satisfied or seemed not to be so that the Perambulations and setting out the Bounds of the Forests were not done so speedily as they desired the King sent 7 Brevia ib. Pryn f. 810. The People dissatisfied at the delay of the Perambulations of the Forests Writs to the Sheriffs of all Counties to proclaim and give notice That the Commissioners for these Perambulations should meet at Northampton at Michaelmass next with full power to proceed Special Commissioners appointed to dispatch that Business in that Business without delay Dated at Lewis the 25th of June in the 27th of his Reign But this was not thought sufficient for it was reported and The People yet not satisfied noised abroad that the King intended not to observe Magna Charta or the Charter of the Forest nor would ever suffer the Perambulations to be made and the Bounds of the Forests to be set out and therefore the same day he issued a 8 Ibm. and f. 811. The King issues a Second Proclamation to quiet them further Proclamation to give the Causes and Reasons why the Perambulations c. could not be made sooner and to let the World know he was pressed too hard and not in due manner to do these things and that those who raised these Reports were malicious People and desired to cause Differences between him and his Subjects and to disturb the Peace of the Nation Dated on the same day and at the same place In the beginning of September 9 Walsingh f. 77. n. 10. Mat. Westm f. 432. n. 10 20. A. D 1299. 27th of Ed. I. King Edward Married to Margaret the King of France his Sister Margaret Sister to the King of France was Conducted into England by the Duke of Burgundy and Earl of Britan to whom King Edward was Married on the 12th of this month in the Cathedral of Canterbury by the Arch-Bishop The Wedding was very splendid and much Foreign Nobility attended the Solemnity The King's Expectations were every way great from this Match but it answered them not On the Feast of St. Martin or 11th of November says 1 Fol. 77. n. 30. Walsingham the King held a Parlement at York and from thence went to Berwick intending to proceed further into Scotland to Relieve Sterling Castle then besieged by the Scots but the Noblemen Sterling Castle delivered to the Scots then with the King informing and pressing him the boggy and low Grounds were
should claim any Right therein Dated at Fulham May 15. in the 30th Year of Ed. I. The Reasons of these Grants and Restorings might be what The Reasons why the Earl-Marshal gave the King his Lands and parted with his Office and Honour Mat. Westminster reports tho' he mistakes the Year in the 33d of this King he says he then had a time of Speaking and that he warily convented the Earl-Marshal upon a Conspiracy which the Arch-Bishop of Canterbury and many Earls and Barons had contrived against him while he was in Flanders who not being able to contradict what the King said begged his Pardon For obtaining of which he made the King Heir of all Things he had By which means he saved his Life and the King as a Reward added to his Life a Thousand Pounds Land by the Year Which might be the Mannors and Lands he had liberty to except 9 Mat. West f. 452. lin 2. He with the A. Bp. and others had conspired against the King Et aderat tempus loquendi Rex convenit cautè Comitem Mareschallium super quodam Dedecore Conspiratione quam Archiepiscopus Cantuariensis plures Comites Barones contra eum Machinaverant ipso tunc agente in Flandria qui nequaquam valens ista contradicere Gratiam Regis petiit Pro qua obtinenda constituit Regem haeredem suum universorum quae habuit sic mortem perdidit vitam invenit Rex Remunerans eum vitae Comitis mille libratas Terrae adaugendo concessit In like manner the King convented all the others one by one that were in this Conspiracy and fined or punished them in Sums of Money 1 Ibm. lin 8. Similiter Rex singulatim singulos conveniens qui huic facto consenserant pecuniaria poena mulctavit Yet within this very Year of his Reign the King 2 Rot. Cart. 30 Ed. I. n. 24. 28 29. Dugd. Baron vol. 1. f. 136. col 1. The King regrants his Lands Honor and Office to the Marshal regranted the Earldom and Marescalcie of England with all his Castles Mannors and Lands in England and Wales to him and his Issue lawfully to be begotten upon the Body of his Wife Alice and for want of such Issue to return to the King and his Heirs 3 Dugd. Bar. ib. He died without Issue in the 35th of this King and the Honour and Estate came into his hands Some great Business the King had at this time that he had fixed in his Mind and laid much to Heart for which he sent Peter de Dene Canon of London and Roger le Sanvage Knight to the Pope 4 Pat. 30. Ed. I M. 12. intus Pryn's Ed. I. f. 93 The King senâ—â— Messengeâ—s to Rome upon secret Service Dilectos Fideles nostros Petrum de Dene Canonicum Londinensem Rogerum le Sauvage Militem pro quibusdam negotiis nostris quae multum insident Cordi nostro Domini summi Pontificis praesentiam destinantes c. Joining with them 5 Iâ—m William de Geynsburgh his Lieger at the Court of Rome and 6 Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery 7 Ibm. Sanctae Mariae novae in Porticu Diacono Cardinali to assist them and effectually promote his Business with the Pope and for so doing he should always find him ready 1 Pat. 30. Ed. I. M. 12. intus to do those things which were grateful to him The same Letters were wrote and directed to Six Cardinals more Four Deacon and Two Priest Cardinals This Letter is Dated June 13. at Chartham The Four Deacon Cardinals were his Pensioners Luke de Flisco Deacon Cardinal of St. Mary in the Broad way Sanctae Mariae in via lata Cardinalis Diaconus Peter Piperne Deacon Cardinal of New St. Mary Sanctae Mariae novae not in Porticu Diaconus Cardinalis William Cardinals the King's Pensioners of Pergamus Deacon Cardinal of St. Nicholas in the Tullian Prison a Parish in Rome as they all were Sancti Nicholai in Carcere Tulliano Diaconus Cardinalis Francis Deacon Cardinal of St. Mary in Cosmedyn Sanctae Mariae in Cosmedyn Diaconus Cardinalis 4 Ibm. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas for their Diligence and Sincerity in Transacting his Business The King 's former Proctors having not done any thing concerning the Peace between the Two Kingdoms he sends others to the Pope viz. 3 Claus 30. Ed. I. M. 6. Dors New Procurators sent to the Pope for a final Conclusion of the Peace between the two Kingdoms William de Gainsburgh and H. de Hertpole Two Friers Minors and Two of his own Clerks John de St. Clare Cannon of London and Philip Martell Professor of the Civil Laws with William de Dene Knight or any Four or Three of them with full Power to give a final Dispatch to this Business according to the Form of his former Pronunciation or Decree 4 Pat. 30. Ed. I. M. 9. intus Without effect Giving them also in their Commission or Letters Procuratory full and free Power to Demand Hear and Receive a total Consummation of his Decree and the Peace to ensue thereupon Both these Records are Dated at Arundel Septemb. 9. A. D. 1302. in the 33th of this King Their Negociation proved also ineffectual As the Earl Marshal so Humphry de Bohun Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign and doing Homage had 5 Dugd. Bar. f. 183. col 1. Rot. fin 27. Ed. I. M. 23. The Constable grants all his Lands Honours and Office to the King Livery of his Father's Lands in the 27th This Year also granted all his Castles Towns Mannors Lands and Tenements Knights Fees Advousons of Religious Houses and Churches Hundreds Honors Liberties and all their Appurtenances in England and Wales to the 6 Roâ— Claus 30 Ed. I. M. 5. Dors King and his Heirs for ever without any Exception or Reservation of any thing to himself 7 Ibm. The King regrants them upon Marriage with his Daughter And all his Right Honour and Dominion he had as Earl in the Counties of Hereford and Essex and the Constableship of England The Grant is dated at London the 8th of October in the 30th of Edw. I. Which upon the Marriage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland Zeland and Lord of Friseland were 8 Dugd. ut supâ—a Claus 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Seagrave made Guardian of Scotland Regranted to him about two years after After the Feast of All-Saints when the Truce with the Scots was expired the King sent 9 Wals f. 86. n. 30. John de Seagrave with an Army into Scotland 1 Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the
ut supra f. 384. With a Dispensation to use their Offices c. Dispensation to use their Offices as Pope's Clercs and Nuncios as the Clercs and Nuncios of former Popes had done in former times notwithstanding any former Prohibition by him made Provided they did nothing against his Crown or Dignity or any of his Subjects any manner of way Dated the same Day and at the same Place Lastly He gave 3 Ibm. in Utrâ—que loco And Transport their Money by way of Exchange them leave by way of Exchange and by assistance of Merchants to send all the Money Collected which reasonably belonged to the Church of Rome or to the Pope so as they Transported not any Coined Money or Silver in the Mass by themselves or others Dated at the same Place and Time Under pretence 4 Append. N. 42. of these Letters Grants and Dispensations the Pope's Clercs aforesaid pretextu quarum literarum prefati Clerici Domini Papae c. not having respect to the Prohibitions in Parlement By reason of these Indulgences the Pope's Clerks return to their former Practices returned to their former Practices and being opposed in their Proceedings by many of the Kingdom by reason of those Prohibitions they Petitioned the King's Council holden at Westminster in the Feast of Holy Trinity next following and Exhibited their Letters c. And because it was found That by them the King had revoked nothing of the Ordinance made in Parlement Et They Petition the King and Council for allowance of them quia compertum fuit per easdem quod Dominus Rex nihil Revocavit de praedicta Ordinatione in Parliamento facta nor Granted any thing to the same Clercs by the said Letters but that they might have and receive the first Fruits of vacant Benefices as far as he could Grant them Quantum in Rege fuit and hereupon forbad them Their Petition was rejected and they commanded to desist from any such Practices to do or attempt any thing that might turn to the prejudice of his Crown and Royal Dignity or any other of his Subjects And it being found also That every of the Grievances aforesaid were in prejudice of the King and his Subjects By Command of the King being then at Carlisle it was agreed in the same Council That the Clercs should not do them nor have the first Fruits of Benefices of the Patronage of the King because it would turn to the prejudice of him his Crown and others The Clercs understanding this Agreement would not any further prosecute their Petitions or appear to receive their Answer And therefore there was a further Prohibition made That whereas there had not been a full Deliberation And for doing any thing against the K. his Crown and Dignity c. had upon their Petitions they should not attempt any thing any way prejudicial to Him his Crown and Dignity the Noblemen and People of his Realm Witness the King at Carlisle the 27th day of June in his 35th year This Prohibition was served 5 Ryley ut supra f. 385. upon them by the Mayor Aldermen and Sheriffs of London and afterwards if the said Clercs had presumed to have been Relieved against this Prohibition before they could attempt it the King died so as nothing further was done in this Matter In the time of this 6 Append. N. 43. Parlement at Carlisle either the King himself or the Lords took notice of the great Familiarity there was between the Prince and Piers de Gaveston and what Influence he had upon and Power over the Prince but whether upon the King 's own Observation or their pressing him to it I find not nor for what particular Reasons on the 26th of February at Lowercost by the King's Order and Command not on his Death-Bed as Piers de Gaveston Banished England commonly storied he was Banished England and to be ready to quit it at Dover three Weeks after the Turnament or Justs which should be Fifteen days after * Easter-Day was this Year 1307. on the 26 of March so that the day of his Departure was the First of May. Easter next coming and not to return without the King's Leave and Calling him back and for the Performance of this Order Monsieur Piers at the Day and Place aforesaid made Oath upon the Body of God i. e. The Consecrated Host the Old Cross and the King 's other Reliques and the Prince of Wales made Oath in like manner That he would not Receive Retain or Permit the said Piers to be with him contrary to this Order unless he was Recalled by and had leave from his Father to return and for his Subsistence beyond Sea so long as he staid there Monsieur Piers had allowed him an hundred Marks Sterling by the Year After Easter this Year in the Heat of the Controversie and Quarrel between the King Nobility and Pope's Nuncios as before related 7 Mâ—t. Wâ—st f. 458. Robert Brus put to flight the Eâ—of Pembroke and Glocester Robert Brus having increased his Army engaged Aymer de Vâ—lence Earl of Pembroke and put him to flight killing few of his Men Three Days after he also put to flight the Earl of Glocester with the Slaughter of many on both fides and afterwards besieged him in the Castle of Ayr until by the King's Army the Siege was Raised when with his Men he fled into the Woods and Mountains 8 Ibm. Robert Brus flies into the Woods and Mountains yet King Edward sent into England and under great Penalty Commanded all that ought him Service to be ready at Carlisle three Weeks after the Feast of St. John Baptist and there sent his Son into England also to prosecute his Match with the King of France his Daughter by the assistance of the The Prince sent into England Spanish Cardinal Bishop of Sabin 9 Ibm. After the Departure of his Son the King fell ill of a Dysenterie or Bloody-Flux yet by small Journeys he moved toward Scotland from Carlisle and at Burgh upon Sands his Disease increasing he Died the 7th of July A. D. The King Dies 1307. Church-Affairs NOT long before the Death of Henry III. the Monks of Canterbury by his License 1 Antiquit. Brit. f. 189. n. 10 20. God de presul Angl. p. 137. A. D. 1272. had chosen William de Chillenden their Sub-Prior for their Archbishop the Pope persuaded him as a Person not â—it for that Place to wave the Election and make way for Robert Kilwarâ—eby a Friar-Minor who for Eleven years had been the Collector of the Pope's Moneys or Revenues in England to be Archbishop by his Provision without the King's License the Monks Election and his Approbation afterwards contrary to the King's Prerogative the ancient Rights of his Crown the Laws of the Realm and Liberties of the Church But to provent if it might be for the Future the like Practices of the Pope within
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
and Burgesses gave their new King a Fifteenth part of their Goods and the other Laicks a Twentieth I find not what was further done here in England in the first Five months of his Reign other than That his great Favourite Peirs de Gaveston returned into England his 4 App. n. 43. Peirs de Gavesion returned into England Exile and the Obligation of his Oath not to come over unless recalled by or had Leave to come from King Edward the First having been both determined by his Death And also the Oath which King Edward made when Prince of Wales at the same 6 Ibm. time That he would not Receive or Retain him without the Leave of his Father How long he had been in England and how long Earl of He is made Earl of Cornwall and Guardian and Lieutenant of the Kingdom Cornwall before the 26th of December in the first year of King Edward's Reign I have not seen On that day being at Westminster he made him by the Name and Title of Peter de Gaveston Earl of Cornwall his 7 Append. n. 48. Guardian and Lieutenant of the Kingdom for the better Conservation of the Peace and Quiet thereof while he should be beyond the Seas or during his Pleasure And on the 18th of January following being then at Dover 8 Ib. n. 49. The great Power given to him he gave him Power to grant Licences of choosing Pastors of Cathedral and Conventual Churches to take their Fealties when Elected and Confirmed and restore the Temporalities to give Prebends and vacant Benefices which were of his Collation or Presentation and dispose of Wardships and Marriages which might happen in his absence On the 19th of January he 9 Cl. 1 Ed. II. M. 11. Dors summoned a Parlement to meet at Westminster on the first Sunday in Lent being then at Dover but of it there are no Memoires in the Tower or other-where that I have seen Then the King passing over Sea on the 28th of the same month was 1 The. de la Moor f. 593. n. 10. Married to Isabel Daughter of Philip the Fair King of France at Bologne with wonderful Pomp and Celebrity there being at the Solemnity Four Kings and Three Queens besides the Bride and returning into England they were both 2 Cl. 1 Ed. II. M. 10. Dors Crowned at Westminster on the 24th of February where the Earl of Cornwall excelled all the Company in rich Cloaths and Ornaments and carried the Royal Crown 3 Ib. de la Moor ut supra n. 20. before the King which much increased the Envy of the Nobility against him He was the 4 Son of a Gasconian Knight who had done Who Peirs Gaveston was 4 Frier John Trokelow's Annals of Ed. II. f. 192. col 2. â— in Biblioth Cotton Claudius D. 6. Edward the First great Service in the Wars of that Country and in respect thereof he ordered him to be Educated with his Son the Prince which made the great familiarity between them Sir Tho. de la Moor Servant to Edward the Second gives him this Character 5 That he had a fine Body was of a quick and sharp Wit curious in his Behaviour and sufficiently Skilful 5 Ut supra in Military Affairs which appeared as he says by his Management of and keeping in due Subjection the Scots when he commanded the English Forces in that Kingdom for which he was envied by those who saw his happy Success By reason of the King 's extravagant Favours toward and in The Nobility much moved by the King's favour to him conferring Honours and Lands upon him especially after he had Married his Niece Margaret Sister to the Earl of Glocester with his receiving him into so great Intimacy and making him Chief Minister as may be supposed according to the Report of all our Historians the Nobility were much moved who pressed and advised the King he might avoid the Realm which not being done so soon as was expected the King declared 6 Pat. 1 Ed. II. M. 10. to all such as should see or hear his Letters Patents That for no cause whatever he should be permitted to stay in England longer than the Morrow of St. John Baptist according as it had been advised by the Prelates Earls and Barons and agreed to by himself Given at Westminster the 18th day of May. Accordingly he was sent into Ireland and made the King's He is made the King's Lieutenant in Ireland 7 Pat. 1 Ed. II. M. 3. in Cedula An. D. 1308. Lieutenant there to Direct and Act in all things in his Name as if he had been himself there present Witness the King at Reding 16 die Junii But long he stayed not there for in the Second year of the King he procured a Tournement to be proclaimed at 8 Walsingh f 96. n. 50. A. D. 1309. The Nobility contrive how to destroy him Waling ford and called thither so many Military Men out of Foreign Parts that he insulted over the English Nobility who came to meet them amongst whom the chief were Thomas Earl of Lancaster Humphry de Bohun Earl of Hereford Aymer de Valence Earl of Pembroke and John Earl of Warren and Surry who being much displeased and hardly bearing the Pride of Gavestan and the Reproach they received every day considered and contrived how they might destroy him De die in diem quomodo Petrum perderent cogitabant The Prelates Earls and Barons taking advantage of the King 's continued Exorbitant Kindness to him and heaping upon him so great Riches and Estates to the disadvantage of the Crown and lessening the Revenues thereof and the great Power he had with him and being thereby as may probably be concluded the great Obstacle to the Execution of their Designs formed against They press the King to give them a Commission to choose Ordainers to make Ordinances for the Government of his Houshold and Kingdom the King's Father and himself were impatient till they had removed him never to return again and to do this they daily pressed the King to give them Authority to choose such amongst them that might have Power to make Ordinances for the Government of his Houshold and Kingdom which at length they obtained and had this Grant or Commission for the making of them THE 9 9 Append. n. 50. A. D. 1309. 3 Ed. II. The Commission for that purpose King to all those who shall see or hear these Letters Greeting Whereas to the Honour of God and for the good of us and our Realm we have of our free Will granted to the Prelates Earls and Barons of our Realm that they may choose certain Persons of the Prelates Earls and Barons and others whom they think fit to call to them during the time of their Power that is to the Feast of St. Michael next coming and from that Feast for a year next following to Ordain and Establish the Estate of our Houshold
should be ready to do all things according to the Protestation he made and also according to the Protestation they made at the time of publishing those Ordinances In the mean time these Ordainers pursued their Designs both open and secret which were much promoted by a 7 Trokelow f. 194. b. Col. 2. f. 195. a. Col. 1. Wals f. 100. n. 20. 30 The Speech of Henry E. of Lincoln before his Death Speech our Historians report to be made by Henry Earl of Lincoln on his Death-Bed to Thomas Earl of Lancaster who had married Alice his Daughter and Heir That God had blessed him with greater Riches then any Nobleman in England and that therefore he was bound before others to honour him and told him He saw the Church of England that was wont to be free now brought into Servitude by the Oppressions of the Romans and unjust Exactions so often How Holy Church was oppressed c. Extorted by Kings Cernis jam occulata fide Quod Ecclesia Anglicana quae solebat esse libera per oppressiones Romanorum injustas Exactiones a Regibus toties Extortas nunc facta est ancilla and the People also which were wont to enjoy many Liberties were brought into the same Condition by divers Tallages and Vexations imposed on them by Kings Adjuring him by the Blessing of God and his own That when he had an Opportunity he should Free and Defend the Church and People from such Oppressions for the Honour of God That he should pay all due Honour and Reverence to the King that was his Lord yet cause him to remove from his Court Evil Counsellors and Strangers ut malos Consiliarios Alienigenas à Curia sua amoveat and effectually to observe the Tenor of Magna Charta and other Articles i. e. the Ordinances Demanded by and Granted to the Clergy and Laity and that in order to the accomplishing these things he should contract a strict Alliance with Guy Earl of Warwick who better understood them then any other Having ended his Speech says 8 Ut supra N. 50. 50. Thomas Earl of Lancaster and his Adherents resolve to Relieve Holy-Church c. Walsingham he took his Leave of the World and after his Funeral Thomas Earl of Lancaster with his Adherents Humfrid de Bohun Earl of Hereford Aymer or Adomar de Valentia Earl of Pembroke Guy Beauchamp Earl of Warwick and the Earl of Arundel and other Barons which the Historian thought too many to name with the Earl of Warren and Surry who enclining toward the King was brought off to the Party by the Archbishop of Canterbury undertook to Relieve Holy Mother-Church from Oppression and recover the due Liberty of the Kingdom Thomas Earl of Lancaster 9 Ibm. The Earl of Lancaster chosen General of the Party was chosen their Captain or General who by common Agreement sent to the King then at York Beseeching him either to Deliver Piers Gaveston to them or as it had been Ordained command him to avoid the Kingdom 1 Ibm. f. 101. ◠1. a. Who demand of the King to deliver Gaveston to them c. He took little notice of their Request The King took small notice of their Supplications left York and went to Newcastle upon Tine where he continued until the Feast of the Ascension the Queen being at Tinmouth The Lords 2 Ibm. n. 10. The Lords Arm. The K goes to Newcastle with Gaveston Arm raise an Army and with all speed march towards Newcastle not that they would offer Injury or create Trouble to their Lord the King but only take Piers Gaveston and judge him according to the Laws made by common Agreement ut ipsum petrum captum secundum leges communiter editas i. e. the Ordinances judicarent When the King heard the Barons 3 Ibm. The Barons march thither with an Army The K. goes to Tinmouth From thence to Scardeburgh by Ship were coming with an Army he with Peter fled swiftly to Tinmouth and when they had possessed themselves of Newcastle forthwith he again with Gaveston went into a Ship and though the Queen then great with Child beseeched him with Tears to stay he took no Pity of her but sailed to Scardeburgh commanding the Soldiers in the Castle to Victual it forthwith and protect him while he went toward Warwick-shire 4 Fol. 195. b. Col. 2. Trokelow writes That the Earl of Lancaster before he left Newcastle to pursue the King and Piers de Gaveston sent to the Queen then at Tinemouth-Castle and in The Earl of Lancaster sends to Comfort the Queen whom the K. had left at Tinmouth great Passion that the King would not stay with her by Trusty Messengers to comfort her Faithfully promising That he would not give over his pursuit until he had removed Peter from the King and made his Excuse for not coming to her in Person lest for her sake he should incur the King's Indignation Ne forte indignationem Regis causa ipsius incurreret The Lords 5 Walsingh f. 101. n. 10. The Lords besiege Scardeburgh Castle having notice of his being Shipped off seized upon his Horses and other Goods he had left at Newcastle causing them to be valued and kept secure and then marched with what speed they could to Scardehurgh and besieged it 6 Ibm. N. 20. but the Earl of Lancaster finding no Opposition from the Country retired with his Forces that he might not be burthensom to the adjacent Parts and left the Earls of Pembroke and Warren to take in the Castle who in a short time so wearied the Guards within by Assaults that they were not able to Defend it 7 Ibm. Piers Gaveston renders himself Upon condition to stand to the Judgment of the Barons Then Piers seeing no remedy render'd himself upon condition to stand to the Judgment of the Barons and that he might once more speak with the King 8 Ibm. The K. desired Piers his Life might be saved The King hearing Peter was taken desired he might speak with him and prayed his Life might be saved promising if it might be so he would satisfie the Desires of the Great Men in all things 9 Ibm. N. 30. The Earl of Pembroke laying hold of this Promise persuaded the Barons to grant the King's Request promising under pain of losing all his Lands to keep him safe while he had spoken with the King and then to restore him to the Barons at a Day and Place prefixed 1 Ibm. intending to have carried him to Wallingford in his way thither at Dadington now Deddington in Oxfordshire four or five Miles from Banbury the Earl left him to the Care of his Servants while he went to lodge with his Lady at a Neighbouring Place 2 Ibm. N. 40. which the Earl of Warwick having notice of came with a great Multitude and noise of Armed Men that Night and took him from the Servants and carried him to his
and notwithstanding the King's Commissioners the Bishops of Winchester and Norwich and the Earl of Richmond by her Mediation the Bargain was made or they received a Form of Peace from the King of France That if King Edward would give his Right in the Dukedom of Aquitain and Earldom of Pouthieu to his Son Edward upon his doing She bargains with her Brother that if King Edward would give Aquitan and Ponthieu to the Prince upon doing his Homage he should have Seisin of them Upon that Agreement the Prince goes into France and does Homage Homage he would give him seisin of both These Things agreed on both sides the King of France sent his Letters of Safe-Conduct for the Prince and the King sent him with a Grant of those Lands to have and to hold them to himself and Heirs Kings of England adding That if the Son should die living the Father they should return to him and also other Conditions by which it should not be Lawful for the King of France to Marry him nor provide a Guardian for him against his Will 4 De la Moor Ut supra Walsing Ut supra A. D. 1324. 18 Ed. II. This Agreement was Confirmed by the Advice of the Prelates and other Noblemen at Dover the Day after the Nativity of the Virgin Mary in the Eighteenth of the King and on the Thursday following Edward the Son accompanied with the Bishop of Excester and other Noblemen went on Shipboard and afterwards about the Feast of St. Mathew did Homage to his Uncle of France under Protestations made on both sides the whole Affair being compleated for which the Queen was sent into France Soon after Michaelmas the King 5 De la Moor ut supra f. 589. lin 1. c. The K. wrote to the Queen to return with his Son into England She makes her Excuse having no Mind to return The Bishop of Excester removed from her secret Council wrote to her That she would speedily bring her Son into England She wrote back That the King of France her Brother out of great Affection would have them stay with him and sending back the greatest Part of their Families she employed the residue of the Year in prosecuting her own Designs The Bishop of Excester was sent over with the Prince but was now removed from the Queen 's Secret Council and Roger Mortimer and other Fugiâ—ibâ—s the King's Enemies were received into it 6 〈◊〉 â—6 Ed. 2. Part 1. M 34. Doâ—s And Roger Mortimer taken into it This Roger Mortimer the Younger upon Tryal for Treason had received Sentence to be Drawn and Hang'd the King out of his special Grace pardoned the Execution of that Sentence and willed that instead thereof he should be a perpetual Prisoner and assigned certain Justices to declare his Favour and adjudge him to Perpetual Prison and not long after the Time of the Queen's going over corrupting his Keepers he made his 7 De la Moor F. 596. N. 50. Escape out of the Tower of London and got into France The King much moved at the Queen's stay and Detaining his Son out of the Kingdom some 8 Ibm. â— 598. â— 10. Reasons why the Queen 〈◊〉 France to salve the Matter said they were unwillingly Detained others guessing that she was so bound by the Vnlawful Embraces of Mortimer that without him and the other Eugitives she would not return However it was The King 9 Claus 19 E. 2. M. 2. Dors The King sent and wrote often to the Queen to return out of France The fear of Hugh Spenser the Younger was her Chief Excuse The King answers all her Excuses sent and wrote to her oft times to return home Expressing great Kindness to her and grief of Mind for her absence many feigned Excuses she had for her not coming but the Chief was the Danger and Fear she was in of Hugh le Dispencer the Younger which she sent to him by the Bishop of Winchester with her Letters of Credence in answer to which the King wrote That he as much wonder'd as he could seeing and observing always in his Presence the Kind Deportment of her to him and of him to her and especially at her Departure declaring a perfect Amity and since by her Letters of a late Date to him which he had shewn unto the King attesting the same and therefore the Homage being done to his Brother of France and that they were in so fair a way of Affection one to another he Commanded and Charged her as much as he could That all And chargeth and commands her to come to him in all haste feigned Matters and Excuses laid aside she should come to him with all haste Par qui uous vous mandoms chargeoms en quanque nous pooms que totes tieles Enchesons feints autres choses lessees excusations cessantes reignes a nous od tote hast for that the Bishop had told him That his Brother the King of France in his Presence told her That according to the Tenor of her Safe-Conduct she should not be disturbed nor stayed from coming to him as to her Lord and as his Wife And then further writes to her When she came her Expences and way of Living should be such as should be neither to the Dishonour of him or her He also Willed and Commanded her to suffer his dear Son Edward He also Willed and Commanded her to send his Son to him to come to him as he had commanded him And whereas at the time Walter Bishop of Excester was lately with her he had been certainly informed That some of his Enemies and his Banished People waited to Destroy him if they had opportunity to a-avoid such Dangers and for other great Business he had with him he commanded him upon his Faith and Allegiance to come to him with haste leaving all other things in as much security as he could she was to excuse his sudden coming away it being for no other Cause Given at Westminster the First of December At the same time 1 Ibm. the King of France by the Bishop of Winchester wrote to him and sent a Message by word of Mouth That The King of France wrote the Queen dare not come to K. Edward for fear of her Life and Hugh Spenser he had been informed by Persons of Credit that the Queen dare not come to him for fear of her Life and Hugh le Despenser to which excuse he made the same answer he had done to his Queen and averred by Oath That if the said Hugh or any other Living in his Kingdom or in his power should offer any Ill to her and he could know it he would make them severe Examples to all others and beseeched him not to believe those that told him other King Edward's Answer to that and other things things for that he had and ought to have greater Reason to know and understand this Matter than any other and therefore
of April next following the King 6 Rot. Rom. 19 Ed. II. M. 3. He writes to the Pope about the Affair of his Queen wrote to the Pope and sent him a Transcript of what had passed between himself the King of France his Sister the Queen and his Son by way of Narrative and the Copies of the Letters he wrote them with his Answers to what was reported of him in France heartily beseeching him to read and consider them and apply such Remedy for the removing the Matter of Scandal and Dissention and the Dangers that might proceed from thence as he should think fit promising wholly to be directed by his Advice Given at Knelworth the 15th day of April All these Letters all these Mediators could not bring her into Neither Letters nor Mediators could bring the Queen into England until her Design was ripe England until her Design was Ripe and that she could come with Force yet in all probability they caused her either to quit or be thrust out of France Tho some of our Historians and the French Historian 7 Fol. 3â—â— 352. The Historians Account of the Transactions between the King and Queen at this time Mezeray who understood nothing of this Story as appears by his Writing and all from Froysard Report That by the Arts of the Spencers and the Money given to her Brother Charles the Fourth of France and scattered in his Court and to the Pope himself and distributed in his Court that made them their Friends so that her Brother forbad all Persons to assist her and commanded her to go out of his Dominions Take the Original from 8 F. 1. a. col 1. in the Prologue to the First Volume Printed at London 1520. Especially at Froysard Froysart who says he wrote his Chronicle from the Chronicles of Sir John la Bele Canon of St. Lambert's of Liege an Intimate and of the Secret Council of John of Haynault The Barons 9 could not bear or suffer Hugh Spenser's favour with the King any longer but sought each other amongst themselves 9 Ib. f. 3. a. col 1. c. 8. to be of a Peaceable Accord and sent secretly to the Queen who had been at Paris three years which was false by two parts of the time signifying to her if she could come into England with One thousand Men at Arms and bring her Son and Heir with her they would all come to her and her Son Edward She shewed these Letters to the King of France who promised such Assistance and to furnish her with Money She was providing for her Voyage of which Hugh Spencer had notice The King of France corrupted with Money who contrived with Gifts to Buy off the King of France and sent secret Messengers with plenty of Gold Silver and Jewels into France and especially to the King and his Privy Council insomuch as the King forbad under pain of Banishment That none of his Subjects should assist the Queen to go into England by force and further Hugh 1 Ib. col 2. Spencer out of his Malice to the Queen to get her under the King's Power and his caused the King to write to the Pope That he would write to the King of France to send his Wife again into England for he would acquit himself to God and the World that it was not his fault that she departed from him for he would nothing to her but all Love and good Faith such as he ought to hold in Marriage Also he sent 2 Ibm. The Pope and Cardinals corrupted with Gold and Silver Gold and Silver great plenty to divers Cardinals and Prelates who had most power with the Pope who lead the Pope by such-wise with their Gifts and subtle ways that he wrote to the King of France That on pain of Cursing he should send his Sister Isabel into England to the King her Husband These Letters were brought to the King of France by the Bishop of Xaints when he had read them they were shewed to the Queen his Sister and then commanded her speedily to avoid his Kingdom or he would make her to avoid it with shame By this means 3 Ib. cap. 9. Robert of Artois his Advice to the Queen all the Barons of France were withdrawn from the Queen except Robert of Artois her Dear Cousin who privately advised and encouraged her and gave her secret notice That her 4 Ib. f. 3. b. col 1. Brother would deliver her her Son and the Earl of Kent King Edward's Brother and Sir Roger Mortimer She goes out of France to William Earl of Haynault to the King and Hugh Spencer and advised her to go into the Empire to William Earl of Haynault and Sir John of Haynault his Brother The Earl received her with Joy at Valenciennes and 5 Ib. fol. 4. col 1. He received her kindly and brings forth his four Daughters The Prince likes Philip best brought forth his four Daughters Margaret Philip Jane and Isabell the Prince liked Philip best and she kept him Company during his stay there Walsingham 6 Fol. 123. lin 1 c. tells us that the King as 't was reported prout dicitur had procured the Death of his Wife and Son Edward and that John of Britania Earl of Richmond her Familiar was to have been the Executioner but that perceiving the Noblemen of France to have been corrupted by large Gifts and that there was no safety to be expected there she fled privately with her Son and Family or Followers to the Earl of Haynault of whom they were Honourably and Magnificently received Whether she was commanded by her Brother or fled privately out of France certain it is she 7 Ib. n. 20. And was contracted to her went to the Earl of Hanault and having Contracted her Son to his Daughter Philip 8 Fol. 598. n. 10. Sir Thomas de la Moor says Married him to her without the Advice of the Nobility by his Assistance who provided Men and Ships 9 Walsingh at supra The Earl of Haynault furnisheth the Queen with Ships and Forces to come for England she came for England with her Son then not Fourteen years of Age Edmond Earl of Kent the King's Brother Roger Mortimer and many others who were forced or fled out of England and with 2757 Men at Arms commanded by John of Hanault the Earl's Brother and landed at 1 Ibm. Anglia sacra parte prima f. 366. She lands at Harwich Harwich on Wednesday before Michaelmas-day where she was joined by the Earl 3 Walsing Ib. n. 30. Several Bishops Earls and Barons join with her Marshal the Earl of Leicester and other Barons and Knights cum Praelatis fere omnibus with almost all the Prelates but chiefly with the Bishops of Lincoln Hereford Dublin and Ely who together made her up a great Army 4 Ibm. which being refreshed at St. Edmunds-Bury she went forward to seek out her own and the Kingdom
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
Charles Earl of Blois and John Earl of Montfort about Succession to and Enjoyment of that Dukedom Their Titles were thus Arthur the second had 1 Ib. and Robert of Aversbury p. 98. b. c. 40. Competitors for the Dukedom Two Sons by his first Wife this Duke John and another who Married and had a Daughter only and died before the Duke his Brother This Daughter was Married to Charles Earl of Blois Nephew to Philip the French King by his Sister The same Arthur by a second Wife had a Third Son who did bear the Title of Earl of Montfort The Question was Whether the Wife of the Earl of Bloys or the Earl of Montfort was nearest in Blood to the late Duke Upon the Dukes Death Montfort went to Nantes the chief City in Bretagne 2 Froâ—ssard Ibidem The Citizens of Nantes and some others own Montfort where he was received by the Citizens and People of the Country thereabout as their Lord and as nearest of Blood to his Brother who did homage and sware fealty to him To this place he summoned in the 3 Ib. 65 66 67. The Nobility and best fort of People appear not upon his Summons Nobility and the best sort of People of the Country and good Towns of Bretagne who appeared not whereupon he raised an Army and took the Town and Castle of Brest the City of Rennes the Town and strong Castle of Hannybout the Town and Castle of Caraches Yet after all this the Earl 4 Ib. c. 68. He offers to hold the Dukedom of the King of England by Homage and Fealty King Edward accepts his offer and promiseth to defend him of Montfort fearing the Earl of Bloys by the power of France might drive him out of the Dukedom came into England and offered to King Edward to hold it of him by Homage and Fealty if he would defend him against the French King and all others who should give him Trouble in this Matter The King accepted his offer and thought he should have great advantage by it as not having a more commodious way of entring France than by Bretagne calling to mind that the Alemans or Germans and Brabanters had done little or nothing for him and only made their own advantage by spending him much Money After Homage done King Edward in the presence of the Lords of Bretagne and England that were present promised he would aid and defend him as his Liege-man against the French King and all others The Homage and Promises were written sealed and delivered interchangeably The French King observing what the Earl of Montfort had The French King summons him to Paris done in Bretagne and hearing he had done Homage to the King of England for that Dutchy at the Request of the Earl of Bloys he was summoned to appear at Paris before the King Twelve Peers and other great Lords of France He appeared according to Summons 5 Ib. c. 69 70. He denies he did Homage to the King of England and when the French King charged him with having done Homage to his Adversary the King of England he denied it He then commanded him by all he held of him that he should not depart from Paris in Fifteen days in which time the Twelve Peers and other Lords should judge of his Right But he suddenly and privately withdrew from Paris and returned into Bretagne Nevertheless the Peers and Lords on the 15th day gave their The Peers of France give the Title of the Dutchy of Bretagne to Mary the Wife of the Earl of Bloys Opinions concerning the Title and Inheritance of the Dutchy That it belonged to Mary the Wife of the Earl of Bloys and further their Opinions were That if ever the Earl of Montfort had any Right he had forfeited it two ways by doing Homage and receiving it from any other Lord than the King of France of whom he ought to have held it and by disobeying the King's The Earl of Bloys enters Bretagne Commands in going from Paris without his Leave No sooner was this Judgment passed for him 6 Ib. c. 71 72. Surprised and took Earl Montfort but the Earl of Bloys with great assistance from the King of France entered Bretagne and surprized and took the Earl of Montfort in the Town of Nantes by the Treachery of the Townsmen from whence he was sent Prisoner to Paris and there died This was done says Foissard 7 Ib. c. 72. A. D. 1341. Who died at Paris being there Prisoner in the year 1341 about the Feast of All-Saints which was in the Fifteenth year of Edward the Third after whose Death his Widow Sister to the Earl of Flanders a Princess of great Prudence and Courage 8 Ib. c. 79. and Du Chesne f. 656. B. His Widow maintains War against the Earl of Bloys maintained the War against the Earl of Bloys and kept possession of those Parts and Places of Bretagne as had not been brought under his power This was in the beginning of Winter when the French Nobility that came with the Earl of Bloys by the King of France his Command retired the fury of the War then ceasing but failed not to return in the Spring to attempt to take from the Countess of Montfort what remained in her possession So soon as she was informed of their return she sent 9 Ib. in both She sends to the King of England for assistance Emery de Clisson a Lord of Bretagne into England to Request Assistance of the King propounding her Son John Heir to the Earl of Montfort as a Husband to one of his Daughters who was afterwards 1 Sâ—â—df Genealog Hist f. 179. Which she received Married to Mary his fourth Daughter and she enjoyed the Title of Dutchess of Bretagne The Proposition was readily agreed to by the King and he sent Sir Walter Manny into Bretagne with as many Men 2 Frâ—iss Du Châ—sne â—t supra A. D. 1342. Upon the Marriage of her Son with the King 's 4th Daughter at Arms as Sir Emery desired and also 3000 Archers but these were not sufficient to defend the Country against the Force of the Earl of Bloys who had taken Rennes Vannes and other Places and would have conquered all Bretagne if not speedily opposed 3 Ib. Frâ—iss c. 86. 90. Du Cheâ—ne f. 657. B. This Account was sent to the King by Messengers from the Countess and Sir Walter Manny whereupon he sent Robert de Artois with more Men Arms and Archers to reinforce Sir Walter 4 Du Chesne Iâ—m C. D. Frâ—â—ss c. 92. This joint Force besieged and retook Vannes but not long after Vannes was recovered by assault made by the Forces and Friends of Charles of Bloys in the defence whereof 5 Ib. c. 9â— Du Châ—sne f. 658. B. C. Robert de Artois was much and dangerously wounded who not long after returned into England in hopes of better Chirurgeons and Medicines and died there The
of greater Force than at that time had ever been heard of que cea en arere ad este oi to invade England destroy the Nation the King and his Subjects as it manifestly appeared by what he had shewn and did show every day The other cause was to know how and in what manner the Peace of the Land might be best kept and then the Commons were commanded to treat together and take good Advice how the Malice of the King's Adversary might be resisted and for the Safety of himself and Kingdom how he might be Aided to his greatest Profit and the least Charge to his People The Commons having advised together gave the Answer following To their most Honourable and most redoubted Liege Lord his poor Commons 3 Ibm. n. 4. shew A lour tres Honurable tres Redoutez Seigneur Liege monstre sa pour Comune That at his last Parlement he sent the Noble Earls of Lancaster and Northampton autres Grantz and other Great Men to tell them That he intended not to take any thing of or charge them which they had published to the whole Land for which they had also thanked him according to their Knowledge as much as they could and prayed for him Night and Day prient pur lui nuyt jour and yet at this present Parlement upon News now come pur noveles que sont venuz he demanded a The Commons Grievances and Complaints very great Charge of his poor Commons un trop grant Charge da sa povre Comune They desire his Nobleness and most High Lordship he would please to understand the Mischiefs and Burthens of the Commons That is to say the reasonable Aid which had been pardoned in his 14th Year that is a Grant was made it should not be paid all his Reign to wit 40 s. upon every Knight's Fee to make his Eldest Son Knight whereas by Statute there was but 20 s. due upon every Fee Fifteenths of the Commons Tenths of Cities and Burghs Men at Arms Hobelors Archers taking of Victuals without paying for them Guarding the Sea and also the Subsidy of Wooll by reason whereof every Sack of Wooll that was the Treasure of the Land was sold for 40 s. less than its Value So as it would be a great Trouble to the Commons to bear any Charge Yet The Conditions of the Grant of an Aid nevertheless so as the Aid now to be granted might not be turned into Wooll neither by way of Loan or Value or in any other manner nor levied too hastily but in the Form it was to be granted and that the Eyres of Justices in the mean time might cease as well of the Forest as of Common Pleas and General Enquiry in the whole Land if this Aid should be levied That no Subsidy upon Wooll for the future may be granted by the Merchants That no Imposition Loan or other Tallage or Charge whatsoever shall be put upon them by the Privy Council without their Grant and Consent in Parlement That Two Prelates Two Lords and Two Justices might be assigned to hear and dispatch their Petitions which were not answered in the last Parlement and that their Petitions in this Parlement might also be answered according to Reason and the Answers to remain in force without being changed or altered That the Justices do enquire of False Money which destroys the People That David Bruys William Douglass and other Chieftains of Scotland may in no manner be released neither by Ransom nor upon their Faith That he would restore the 20000 Sacks of Wooll taken of the Commons by way of Loan That an Aid to Marry his Daughter might not be taken the mean time and That there might be no Marshalcy in England except that of the King or the Guardian of England when he was out of the Kingdom Vpon these Conditions and otherwise not sur cestes Conditions autrement nient and also that they may be entred in the Parlement-Roll as Matter of Record come chose de Record by which they might have Remedy if any thing should be done to the contrary in time to come The said poor Commonalty to their very great Mischief Grant to the King si grante la dite povre Communalte a lour trop grante Mischief a nostre Seigneur le Roy trois Quinzismes c. three Fifteenths to be levied in three Years to begin at Michaelmas next coming so as every Year one Fifteenth may be levied and no more at two Terms in the Year St. Michael and Easter by even Portions and that this Aid may be assigned and reserved only for the War and not to pay Debts And if the War should cease or a Truce be made then the Fifteenth of the last Year not to be levied That of these Conditions and the manner of this Grant Letters Patents shall be made and sent into all Counties without paying any thing for them wherein shall be made mention of the great Necessity the King was in after the last Parlement And in case the War should break out toward Scotland the Aid granted beyond Trent should be employed for the Defence of those Parts as it had been formerly About this time Lewis of Bavaria being dead several of the The Electors offer to chuse K. Edward Emperor of Germany Electors met at Colen from whence they sent Ambassadors to King Edward and offered to Elect him Emperor of Germany 4 Claus 22 Ed. III M. 20 Dors A. D. 1334. He refuseth their Offer in Return to which Offer he sent Sir Hugh Nevill and Ivo de Glinton Canon of St. Paul with his Refusal of that Dignity and great Thanks for the Honour they intended him The time of the Truce of Calais being near expiring 5 Rot. Fran. 22 Edw. III. M. 13. Several Truces continued and made the King upon the Pope's sending Commissioners either to prolong the Truce or Treat of a final Peace the former was agreed for six weeks Which Term being ended the Ambassadors on both sides met between Guines and Calais and agreed to another Truce to begin on the 13th of November and continue to the first of September 1349 Which Truce on the second of May that year 6 Rot. Fran. 23 Edw. III. M. 9 10. Dors was prorogued to the Feast of Pentecost 1350. The Articles were much the same with those of the Truce before Tournay A. D. 1340 and of that before Vannes A. D. 1343. This year says Walsingham was 7 F. 168. n. 10. Glorious in England for Peace Victories the Spoils of Caen Calais and other Towns and Cities in France as also for Garments Furs Gold and Silver Vessels and other rich Vtensils which were seen almost in every House and that then it was the English Dames began to pride themselves in the Apparel The English Women imitate the French in Apparel of the French Dames In a very short time after the Truce as above was concluded the Lord Geofrey Charny
Adversary ove les Deputes son dit adversari in presence of a Cardinal which the Pope sent thither as a Mediator and after this Treaty had sent his Confessor to the Pope to let him know That considering the many People had been killed in this War and desiring to spend part of his time in another War to the greater Pleasure and Honour of God if his Adversary would make restitution of the Dutchy of Guyen to him as intirely as any of his Ancestors had enjoyed it to hold it freely without Homage or Service he would be willing after the end of the War to resign the Crown of France That the Pope had been farther K. Edw. upon Terms would have quitted his Title to the Crown of France addressed to privately to search out his Adversaries Inclinations toward another Treaty with Protestation That if he should not accept it all his Rights should be entirely saved to him as if no Offer had been made of which the King not having received any Account from the Pope he sent his Clerc Master William de Witlesey Arch-Deacon of Huntington to know what had been done in this Affair who brought back nothing to any purpose 1 Ibm. Wherefore it seemed convenient to the King the Great Men and his Council That he should prepare himself for War against his Adversary as well for the Defence of England as to recover his Rights for which he ought to have a great Sum of Money 2 Ibm. And the said Chamberlain shew them further That the Subsidy of Wooll Leather and Woollfels ended at Michaelmas last past That it was not the King's Intention to lay any Tax or other Charge upon his People but he requested the Prelates Great Men and his Commons to grant him the Subsidy of Wooll Leather The Subsidy of Wooll c. granted for 3 years and Woollfels for some time mes il prie as Prelates Grauntz ses Comunes qils lui veullent Granter le Subside des Leines Quirrs peaux lanus pur un temps Upon which Request and Deliberation had between the said Prelates Great Men and Commons they unanimously agreed and granted the King the Subsidy of Wooll c. to receive it as it had been taken formerly for three Years from Michaelmas last past if the War held so long sur queu priere ene deliberation entre les ditz Prelatz Grantz Comunes sassenteront unement granterent au Roi le Subsidi des leines quirrs peaux lanuz c. upon Condition that the Money arising from this Subsidy should be safely kept for the War and not to be employed to any other Use This Year after Christmas 3 Aves p. 122. b. c. 84. Charles of Blois set at liberty for a great Sum of Money Charles of Blois who took upon him the Title of Duke of Britan and had been Prisoner in England a long time by the Mediation of the Great Men of that Country upon certain Conditions and Promises of a great Sum of Money was released for the Payment whereof two Sons and a Daughter were sent into England as Hostages King Edward continued his Inclinations to Peace 4 Rot. Parl. 28 Ed. III. n. 58. K. Edw. continues his Inclinations for Peace St Mark was on Easter Tuesday Easter-day this year being Apr. 23. which were declared by Monsieur Bartholomew de Burghersh to the Great Men and Commons a les Grantz Comunes in the Parlement holden next Year on Monday after the Feast of St. Mark signifying to them that there was great hopes of Peace by Treaty between Commissioners on both Parts Yet the King would not conclude any thing without the Assent of the Great Men and his Commons sanz assent des Grantz de ses Comunes wherefore he demanded of them on behalf of the King Whether they would Assent and Agree to Peace if it might be had by Treaty To which the Commons answered with one accord That what Issue it should please the King and Great Men to take of the Treaty should be agreeable to them a quoi 5 Ibm. les Comunes dun assent dun accord responderent que quel Issue que pluist a Seigneur le Roy les Grantz de prendre du dit Tretee feust agreable a eux Then the Commons were asked again If they would Assent to a perpetual Peace if it might be had who all entirely answered Oil Oil Yes Yes Whereupon Master Michael Northburgh Keeper of the Privy Seal Commanded Sir John de Swyneley the Pope's Notary Tâ—at he should make thereof a Publick Instrument Not long after this Parlement 6 Aves p. 123. b. c 89. A Peace concluded The Peace to be confirmed by the Pope by a Second Treaty a Peace was concluded upon the Terms King Edward had sent to the Pope the Year before And it was agreed That for the Pope's Confirmation of this Peace there were Messengers to be sent by both King 's to the Roman Court and at the same time a Truce was 7 Ibm. made until the Feast of St. John Baptist which was to be in the Year following About Christmas 8 Ibm. The King's Envoys to the Pope for that purpose The French Envoys before the Pope deny the Articles of the Peace Henry Duke of Lancaster John Earl of Arundel William Bishop of Norwich and Michael Bishop of London went to the Roman Court in behalf of King Edward by whom the Articles of Peace were recited before the Pope in the Presence of the French Envoys who denied the Form of the Articles and said their had been no such Agreement and that they would not consent to them And the English Envoys returned not having done any thing for what they were sent except William Bateman Bishop of Norwich who died and was Honourable interred at Avignion After the Expiration of the Time of Truce King Edward on the 20th of September 9 Rot. Claus 29 Ed. III. M. 8. Dors A Parlement summoned issued his Writs for a Parlement to be holden on the morrow after the Feast of St. Martin being Thursday the 12th of October when 1 Rot. Parl 29 Ed. III. n. 1. The cause of Summons declared it was continued because the Lords were not come until Wednesday next following the 18th of October On which Wednesday Sir Walter de Manny declared the cause of Summons as knowing the whole matter of it which was as follows in part much according to the Relation of Avesbury 2 Ibm. n. 4 5 6 7 8 9. That the King had lately sent Commissioners to Calais to Treat about a Peace with the Commissioners of his Adversary of France in the Presence of the Cardinal of Bologne sent by the Pope That several Points had been agreed and that according to the Agreement he had sent the Duke of Lancaster and others his Ambassadors to the Court of Rome to perfect and finish the Peace before the Pope but without
50000 l. the said Great Men and Commons les ditz Grantz Comunes granted of every Parish within the Kingdom of England Cxviâ—s the Sum of 22 s. 3 d. first granted being comprised therein except the County of Chester and the Church Lands which were Taxed to the Tenth so as always the Parishes of greater value should be contributary to those of less value The 3 Ib. n. 12 13. Commission of this Grant was read before the King Great Men and Commons and the Names of the Collectors given in by the Knights of the Shires and also the Names of the Lords and others that were assigned to see the Tax was duely and reasonably Assessed and Levied and the Petitions of the Commons that were not answered in the preceding Parliament were answered in this Council amongst which this following is very observable For that 4 Ib. n. 15. it had been declared to the King in this present Parlement by all the Earls Barons and Commons of England That The Commons Petition that Lay-men and no others might be made the great Officers of the Kingdom the Government of the Kingdom had for a long time been managed by Men of the Church whereby many Mischiefs and Damages had happened in time to come in Disherison of the Crown and to the great Prejudice of the Kingdom It would please the King That Laymen of sufficient Abilities and no others might for the future be made Chancellor Treasurer Clerc of the Privy Seal Barons of the Exchequer Chamberlanes of the Exchequer Controller and other Great Officers and Governors of the Kingdom and that this Matter might be so Established that it might not be Defeated or any thing done to the contrary in time to come saving to the King the Election and Removal of such Officers yet so as they should be Lay-men The King's Answer was 5 Ibm. He would do in this Point what The King's Answer seemed best to him by Advice of his Council The Members of this great Council were 6 Rot. Clause 25 Ed. III. M. 29. Dors The Members of the great Council at Winchester four Bishops four Abbats six Earls six Barons and such and so many of the Commons as the King named in his Writs to the Sheriffs which were of the last Parlement for Kent there were only 7 Ibm. Thomas Apuldrefeld one of the Knights of the Shire Edmund Horner one of the Citizens of Canterbury and John Fynchynfeld one of the Citizens of Rochester About this time 8 Froys c. 295. John Duke of Lancaster Married Constance the Eldest Daughter of Peter the Cruel King of Castile c. the true Inheritrix of that Kingdom and took upon him the Title of King in her Right * Ib. John Duke of Lancaster's Title to Castile 9 Ib. c. 296. Whereupon Henry the Bastard of Castile made a League Offensive and Defensive with the King of France 9 After Michaelmas he came for England for Instructions how to carry on the Affairs of Aquitan leaving Governors and Deputies in Guien and Poictou his Wife and her Sister Isabel who was afterward Married to Edmond his Brother Earl of Cambridge came with him And this Winter 1 Ibm. Two Armies to be sent into France were divers Councils holden about the Affairs of Aquitan and other Parts in France and how the War was to be maintained there next Summer at last it was resolved there should be Two Armies sent thither one into Guien and another by the way of Calais In the Spring 2 Rot. Vasc 46 E. III 〈…〉 Henry the Bastard of Castile assists the King of France with a Fleet. the Earl of Pembroke was made Lieutenant The Earl of Pembroke Lieutenant of Aquitan of Aquitan and was ordered to go by Poictou into Guien with a Fleet and Forces and to land at Rochell The King of France knowing what was designed in England sends to Henry the Bastard of Castile to assist him with a Fleet who sent one greater and far more powerful than that of England 3 Froysard c. 297 298 299. A. D. 1372. The English Navy destroyed The Earl of Pembroke taken Prisoner The Two Fleets met at the Entrance of the Bay of Rochell on the 22d of June where they fought two days most of the English Navy was destroyed or taken and the Earl made Prisoner The Rochellers saw all this but gave no assistance to the English tho demanded of them The Ship also was sunk in which the Treasure was for the payment of the Soldiers in Aquitan The Earl of Pembroke was sent Prisoner into Spain to Henry the Bastard who about 4 Walsingh y prodig Neustr f. 530. n. 10. He dies three years after sent him to Bertrand Guesclin for a Sum of Money he owed him The Sum of his Ransom was agreed on at Paris but coming for England to raise the Money being very weak he died before he reached Calais and the Constable of France lost the Price of his Redemption After this Fight at Sea and the Destruction of the English Fleet 5 Froysard c. 304. Rochell declares for the King of France Rochell declared for the King of France and all Rochelois In Poictou the Constable reduced many Towns and Forts and besieged 6 Ib. c. 305. Mezer. f. 392. The Town of Thovars forced to Capitulate The Terms granted unto them Thovars whither most part of the Lords and Chief Men of that Country were retired as to a Place of Security In a short time they were forced to Capitulate and Agree That they should put themselves their Lands and the City under the Obedience of the King of France unless upon their sending to the King of England he himself or one of his Sons came with an Army to relieve them by next Michaelmas-day The Messengers 7 Froysard as above King Edward resolved to go into France with an Army sent from Thovars informed the King Prince and Council of the Condition of Poictou and Xantonge and especially of that Place The King resolved to go over himself and was advised to take with him that Army which was to march into France by the way of Calais 8 Ibm. He summons the Noble and Military Men to pass with himself and Prince of Wales and besides he sent forth Summons for a very considerable number of the Military Men and many of the Nobility to be ready to pass the Sea with him and the Prince of Wales into Poictou On 9 Rot. Clause 46 Ed III. M. 12. Dors A. D. 1372. Prayers made for success Monday August 30. Orders having been given for Publick Prayers to be made in all Churches for good success upon the Voyage he took Ship with many of the chief Nobility and with 400 Vessels 1 Froysard as above The Voyage unhappy by reason of contrary Winds of all sorts sailed toward the Coast of France and Poictou but the Wind was always contrary so as he could
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
Person of the Kingdom Males and Females above the Age of Fourteen Years except very Beggers and desire to be excused they could give no greater Subsidy The Issue of Edward III. by Philippa of Haynalt HIS Eldest Son was Edward of Woodstock so called because born 1 Wals Hist f. 130. n. 40. Hypod. Neustr f. 510. n. 50. there June 15. 1329. or 1330. He was Prince of Wales and Married Joan Countess of Kent called for her great Beauty The Fair Maid of Kent She was Daughter to Edmond of Woodstock sixth Son of Edward I. but second by his Queen Margaret Sister to Edmond Son of Edmond of Woodstock and Sister and Heir to his Brother John who both died without Issue 2 Sandf Geneal Hist f. 184 215. She was first Married after the 25th Year of her Age and 26th of Edward III. to Sir Thomas Holland Knight of the Garter and in her Right made Earl of Kent by whom she had Issue two Sons Thomas Earl of Kent and John Duke of Excester He died Decemb. 26. in the 34th of Edward III. 1360. And her Second Husband was William Montague Earl of Salisbury from whom she was in a short time Divorced by Consent With this Lady the Prince fell in Love and was Married to her in the 31st Year of his Age and 35th of his Father's Reign 1361. By 3 Wals f. 180. n. 30. A. D. 1365. her he had first Edward of Engolesm so called because there born who died in the 7th Year of his Age. His second Son by her was Richard of 4 Ibm. f. 181. lin 5. A. D. 1366. Burdeaux so also called because born there succeeded his Father as Prince of Wales and his Grandfather in the Kingdom by the Name of Richard II. William of 5 Hypod. Neustr f. 512. n. 30. Hatfield Second Son of Edward III. born there 1336. in the 10th of his Father's Reign who died very young The Third Son of King Edward and Queen Philip 6 Ibm. f. 513. n. 30. was Livnell born at Antwerp Created Duke of Clarence and Married to Elizabeth de Burgh Daughter and Heir of 7 Sandf ut supra f. 219. 222. William de Burgh Earl of Vlster Lord of Clare Canaught and Trim by whom he had only one Daughter named 8 Ibm. Philippa She was by her Grandfather after the Death of her Father at the Age of 13 Years Married to Edmond Mortimer Earl of March and Lord of Wigmore in the 42d of Edward III. 1368. by whom she had Roger Mortimer their Eldest Son and Heir to both their Honours and Titles who left 9 Ibm. f. 225. Edmond Mortimer his Son and Heir Earl of March and Vlster Lord of Wigmore Clare Trim and Canaught and True Heir to the Crown of England after the Death of King Richard II. He died without 1 Rot. Parl. 39 Hen. VI. n. 18. Issue as also his Brother Roger and Sister Alianor leaving Anne their Sister sole Heiress to her Father Roger Mortimer and Brother to Edmond The Fourth Son of 2 Wals f. 148. n. 10. Edward III. and and his Queen Philip was John of Gaunt born there He was first Earl of Richmond and afterwards Duke of Lancaster He Married Blanch the Daughter and Coheir of Henry Duke of Lancaster with Maud her Sister by whom he had his only Son and Child Henry Earl of Derby Duke of Hereford and Lancaster called Henry IV. King of England After the Death of Maud without Issue he in Right of Blanch enjoyed all the vast Estate of her Father Henry Duke of Lancaster with his Titles and was then in the 36th of Edward III. advanced to the Title of Duke of Lancaster c. Dugd. Baron Tome II. Fol. 115. Col. 1. The Fifth Son of King Edward and Queen Philip was 3 Hypod. Neustr f. 514. n. 50. Edmond of Langley a Mannor near St. Albans in Hertfordshire where he was born by his Father made Earl of 4 Sandf ut supra f. 357. Cambridge and by King Richard II. 6 Ib. f. 358. was Created Duke of York He Married 7 Ib. f. 360. Isabel younger Daughter and Coheir of Peter King of Castile by whom he had Edward his Eldest Son who died 8 Ib. f. 365. without Issue He had also by her Richard Earl of Cambridge called of Coningsburgh a Town of that Name in Yorkshire 9 Brooks Catalogue of Hon. He Married Anne Mortimer above-mentioned by whom he had Richard Duke of York and Earl of Cambridge 1 Ibm. who Married Cecilie Nevil the youngest Daughter of Ralph Earl of Westmerland by whom he had Henry his Eldest Son who died young and Edward his second Son Duke of York and afterward King of England by the Name of Edward IV. William of 2 Sandf ut supra 178. Windsor a second of that Name William was their Sixth Son who died so young as there is nothing memorable left of him The Seventh and Youngest Son of Edward III. and Queen Philip was 3 Ibm. f. 227. Thomas of Woodstock there born Duke of Gloucester He Married Elianor the Eldest of the two Daughters and Heiress of Humphry de Bohun Earl of Hereford c. The Eldest Daughter of King Edward and Queen Philip was 4 Ibm. Isabel Lady Coucy and Dutchess of Bedford Married to Ingelram Lord of Coucy and Earl of Soyssons who by her Father was Created Earl or Duke of Bedford Their Second Daughter 5 Ib. f. 179. Joan had the Title of Queen of Spain she was by Proxy Married to Alphonso King of Castile and Leon and conveyed into that Country and not long after died of the Plague Their Third Daughter 6 Ibm. was Blanch de la Tour so named because born in the Tower of London she died an Infant Mary their Fourth Daughter 7 Ib. Hypod. Neustr f. 516. lin 9. Dutchess of Britan was Wife of John Montfort Duke of Britain in France Margaret their Fifth and 8 Sandf ut supra Youngest Daughter was Wife to John Hastings Earl of Pembroke A CONTINUATION of the Compleat History of England c. King RICHARD the Second KING Edward the Third 1 Rot. Clause 1 Ric. II. M. 45. A. D. 1377. died June 21st Anno Domini 1377 and this young King his Grandchild succeeded him in the Eleventh year of his Age when it King Richards Coronation was agreed he should be Crowned on the 16th of July following John King of Castile and Leon Duke of Lancaster came before King Richard and his Council and claimed as Earl 2 Ibm. Three Offices claimed by the Duke of Lancaster of Leicester the Office of Steward of England as Duke of Lancaster to carry the King 's principal Sword called Curtana on the day of his Coronation and as Earl of Lincoln to be the King's Carver the same day all these Offices he pretended to have in Right of his Wife Blanch then dead and
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that