Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
Forfeiture he ought to do If the 4 Ib. n. 52. Suggestion of a Bill in Chancery was not true the Chancellor had Power given him to award Damages at his Discretion See Stat. at Large 17 Rich II. Cap. 6. In the Eighteenth of his Reign the * Knighton's Col. 2742. n. 10. Walsingh f. 351. lin 2. The King went into Ireland with an Army King about Michaelmass went with an Army into Ireland to subdue the Irish who were then in Rebellion and with him went the Duke of Glocester the Earls of March Nottingham and Rutland The Duke of York Guardian of the Kingdom in his absence * Rot. Clause 18 Ric. II. M. 23. Dors A Tenth and Fifteenth given called a Parlement to meet Fifteen days after St. Hillary to Consider of the Prosperous and Happy Government of Ireland and to that purpose sent the Duke of Glocester over into England to procure Money from the Parlement and the Lords and Commons * Rot. Parl. 18 Ric. II n. 6. A. D. 1395. The King settled Ireland granted to the King a Tenth and Fifteenth for the Conquest of that Country and in May next following having settled that Nation and left the Earl of March Deputy returned into England In the Twentieth of King Richard in the Parlement 5 Ib. 20 R II. n. 14 15 16. The Commons frame certain Articles against the King's Royalty and Liberty The Speaker charged to tell who brought in that â—â—â—l holden on the Feast of St. Vincent or 22d of January the Commons had framed certain Articles in a Bill as the King told the Lords he was informed against his Royalty and Liberty such as his Progenitors enjoyed which he was Resolved to uphold and maintain and Commanded the Lords Spiritual and Temporal to let the Commons know it and Commanded the Duke of Lancaster to Charge Mr. John Bussy the Speaker upon his Allegiance to tell who brought in the Bill That which moved and troubled the King therein was about the Expences of his House and the Bishops and Ladies that frequented the Court. The Commons made their Excuse and Submission to the King in manner following On Saturday the Morrow of the Feast of Candlemass 6 Ib n. 16. The Commons deliver the Bill to the Lords the Lords Spiritual and Temporal were with the Commons and shew them the Will and Command of the King and they delivered the Bill to the Lords and the Name of him that brought it to them to wit Thomas Haxey Which Bill was afterwards delivered Thomas Haxey brought the Bill into the House of Commons to the Clerk of the Crown by the Clerk of the Parlement by the King's Command and presently after the Commons came before the King in Parlement by his Command and there with all Humility and Obedience they could shew great Grief as appeared by their Countenances for that the King had taken such conceit against them Humbly praying the King to hear and accept The Commons Excuse and Submission their Excuse That it never was their Intent or Will to speak shew or do any thing which should be an Offence or Displeasure to his Majesty nor against his Royal Estate or Liberty and especially about this Matter touching his Person and the Government of his House or about the Lords and Ladies in his Court nor of any other Matter that touched himself knowing well that such things do not belong to them but solely to the King himself and his Ordering and that their Intention was for the great Affection they bare to the King as faithful Lieges That the Lords might pray the King to consider his Honourable Estate and do concerning it what he pleased And upon this the Commons submit themselves to the King's Will and Favour humbly praying his Royal Majesty to have them Graciously Excused being always ready to save his Royal Estate and Liberty and to perform in Body and Goods as Loyal Lieges are bound what shall be for the Honour and Safety of his Royal Majesty Whereupon 7 Ib. n. 17. The King fully Excuseth them the Chancellor by Command of the King told the Commons That upon his Royal Benignity and Gracious Seignoury he had them fully Excused On Wednesday after Candlemass Thomas Haxey Clerc was in Parlement Thomas Haxey Judged a Traytor Judged to 8 Ib. n. 23. Death as a Traytor and soon after Sentence the Arch-Bishop of Canterbury Thomas Arundel and all the other Prelates came before the King in Parlement with great Humility and made full Protestation That their intire and full Intention was and always should be That his Royal Estate and Royalty should be always saved and preserved without diminution 9 Ibm. The Arch-Bishops and Bishops make Protestation the King's Royalty ought to be preserved They beg the Life Body and Custody of Thomas Haxey which were granted them Et maintenant apres de Juggement rendu devers Thomas Haxey Clerc en Parlement a la mort come traitour viendrent avant le Roy en Parlement ovek grant humilite Lerceveque de Canterbris touz les autres Prelates firent plein protestation que lour entier plein intention â—est tout dis serraque le Royal Estate Regalie du Roy soit tout dis savez Gardez sanz Blemissement And then they pray the King to give them the Life of Thomas Haxey and the Custody of his Body not as of right belonging to them but of his special Grace Both which the King granted The King by assent 1 Ib. n. 40. and Stat. at Large 20 Rich. II. Cap. 6. Sir Robert Belknap c. called out of Ireland of the Lords Spiritual and Temporal and the Commons of his Special Grace granted to Robert Belknap John Holt and William Burgh Knights Banished into Ireland that they might return into England and practise Law there without impeachment notwithstanding the Statute made in the Eleventh year of the King's Reign saving always against them all the other Points contained in the Statute In the 21st of King Richard's Reign 2 Clause 21 Rich. II. Part 1. M. 27. Dors he summoned a Parlement A Parlement summoned to meet on the Monday after the Exaltation of Holy Cross or 14th of September It was made into a 3 Stat. at Large 21 R. II. Cap. 1 Holy Church the Lords and all Comonalties to enjoy their Liberties and Franchises Statute this Parlement That Holy Church the Lords Spiritual and Temporal and all Cities Burghs and other Commonalties of the Realm should have and enjoy all their Liberties and Franchises as they had reasonably had and enjoyed them in the time of his Noble Progenitors Kings of England For that several Judgments were heretofore undone 4 Rot. Parl. 21 Ric. II. n. 9. because the Clergie were not present the Commons prayed the King they might appoint a general Proctor who might have sufficient Authority to act for them The Two 5
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
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
the King and his Kingdom After this 5 Ibm. col 2705. n. 10 20 30. Many sent to Prison Others removed from Court the King commanded many there named to be sent to the Castles of Nottingham Dover Bristol Rochester Glocester c. to be kept until next Parlement to answer their Demerits There were also then Removed from the Court John de Fordham Bishop of Durham the Lords Beaumont Zouch Burnel and Lovell Sir Thomas Camoys the Son of the Lord Clifford Sir Baldwin Bereford the Bishop of Chichester the King's Confessor the Lady Mohun the Lady Poynings and the Lady Molineux 6 Ibm. col 2706. n. 10. The Judges taken off the Benches and sent to the Tower And on the first Day of the Parlement Sir Roger Fulthrop Sir Robert Belknap Sir John Cary Sir John Holt Sir William Burgh all Judges and John Loketon Serjeant at Law were taken off the Benches doing their Offices and sent to the Tower On the 17th of 7 Claus 11 Ric. II. M. 24. Dors A Parlement called The Cause of Summons Decemb. Writs were issued for a Parlement to meet on the 3d of February or on the morrow of the Purification of the Virgin Mary next coming On that Day Thomas Fitz-Alan Bishop of Ely and Chancellor of England Brother to the Earl of Arundel from whence his Name of de Arundel from that Title declared the cause of Summons to be 8 Rot. Parl. 11 Ric. II. n. 1. part 1. To consider by what means the Troubles in the Kingdom for want of good Government might be ended the King better Advised the Realm better Governed Misdemeanours more severely punished and good Men better encouraged how the Kingdom best defended the Sea best kept the Marches of Scotland best guarded Guyen preserved and how the Charges of these things was most easily to be born And then gave notice That who would complain in that Parlement of such things as could not well be redressed by the Common Law might carry their Petitions to the Clercs in Chancery there named appointed to receive them Thomas Duke of Glocester 9 Ibm. n. 6. The Duke of Glocester's suspicion of himself The King declares him not guilty kneeled before the King and said he understood the King had been informed that he was about to depose him and make himself King and profered to stand to the Award of his Peers in Parlement The King declared openly That he did not think him Guilty and had him fully excused The Lords Spiritual and Temporal then present * Ibm. n. 7. claimed as their Liberty and Franchise That all great Matters moved in that Parlement and to be moved in other Parlements in time to come touching Peers of the Land should be discussed and judged by the course of Parlement and not by the Law Civil or the Common Law of the Land used in lower Courts of the Kingdom Which Claim Liberty and Franchise the King benignement kindly allowed and granted in full Parlement The Five 1 Ibm. n. 8. The Protestation of the 5 Lords Appellants Lords Appellants Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwic and Thomas Earl of Nottingham and Earl-Marshal made open Protestation in full Parlement That what they did touching their Appeal and Suit in that Parlement and had done before and all the Men and People being in their Company or of their Retinue or Assembly and with them in all that Affair was done principally to the Honour of God and in Aid and Safety of the King and all his Kingdom and the Safety of their Lives The Lords and Commons 2 Ibm. n. 11. Half a 10th and half a 15th granted granted half a Tenth and half a Fifteenth before the Parlement ended with Protestation That it was done of Necessity and that it might be no Prejudice to the Lords and Commons in time to come because it was granted And further they pray the King That notwithstanding the Grant so made the Parlement might hold on its course and be Adjourned if need were and that all things touching the said Parlement might be done and executed as if the Grant had not been made until the end of the Parlement in manner accustomed And the King granted their Request as a thing he ought to do of Reason Friday the 21st of March which was the 46th Day of Parlement 3 Ibm. n. 12. in fine The Prelates Lords and Commons swear the Prelates Lords and Commons made the Oath following upon the Cross of Canterbury in full Parlement Tou shall 4 Append. n. 106. Their Oath Swear That you will keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom And if any will do to the contrary thereof you shall oppose and disturb him to the utmost of your Power And if any People will do any thing against the Bodies of the Persons of the Five Lords that is to say Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal or any of them you shall stand with them to the end of this present Parlement and maintain and support them with all your Power to live and die with them against all Men no Person or any other thing excepted saving always your Legiance to the King and the Prerogative of his Crown the Laws and good Customs of the Kingdom The Lords and Commons grant to the King in Defence of the The Subsidy of Leather Wooll c. Realm a Subsidy upon Leather Wooll and Woollfells 5 Rot. Parl. 117 Ric. II. n. 16. granted upon condition upon Condition the Five Lords Appellants should have out of it 20000 l. by Assent and Grant of the King for their Costs and Labour and Expences before that time for the Honour Profit and Safety of the King and whole Kingdom The Commons 6 Ib. n. 23. The Commons Request to the King pray That no Person of what Estate soever do intermeddle with the Business of the Kingdom nor the Council of the King but those assigned in his Parlement unless it be by Order of the Continual Council And prayed also That they might have Power to remove all Persons from the King which they thought fit to remove and put others in their Places As to the first Point of this Article 7 Ibm. Ro. His Answer le Roy le voet the King granteth it As to the second if any Lord of the Council or other Lord of the Kingdom will inform the King that he had about him any Person not Sufficient or Honest he willeth That if it be proved he shall be put away and removed and another Sufficient by Advice of himself put in his Place In this 8 Ib. part 2. Alexander A Bp. of York the Duke of Ireland and Earl of Suffolk accused Parlement Thomas Duke of Glocester Constable of England Henry Earl of Derby
the Duke if there was any thing more touching this Matter he would speak it in satisfaction to the King for the knowledge of the whole Truth of the Matter whereupon the Duke said he had forgot one thing that then came into his Memory to wit That he said to the King that if he would be King he must not intercede for Sir Simon Beurle to save him from Death and prayed William Rickhill he would shew this to the King by Word of Mouth pria le dit William Rickhill qil verroit Monster ceste Matire au Roy par Bouch. On 1 Ibm. The Tâ—yal of the Earl of Warwick Friday the 28th of September the Constable of the Tower brought into the Parlement Thomas Earl of Warwick who was told by the Duke of Lancaster Steward of England by Command of the King and all the Lords Temporal That he was appealed by Edward Earl of Rutland and the other Appellants there named of divers High Treasons which were comprehended in Two only Articles That of assembling with Force and Armed Men at Harringay Hâ— pleads 〈…〉 y and puts himself in the King's Grace His Judgment the same with the Earl of A 〈…〉 Which the King Pardoned by the Mediation of the Pâ—râ—ement and Appellants Being to remain Prisoner 〈…〉 the Isle of Wâ—gâ—â— during his Life c. and that about Sir Simon Beurley and were drawn up in the same Words as in the Earl of Arundel's Case To which he answered That he well understood those Treasons and Wicked Deeds and was Guilty of them and put himself in the King's Grace Wherefore the Duke of Lancaster by Command of the King all the Lords Temporal and Monsieur Thomas Percy having Power as aforesaid pronounced the very same Judgment against him in all things as he had done against the Earl of Arundel Which the King moved with Pity to the Reverence and Honour of God at the prayer of the Appellants the Commons of Parlement and the Lords Spiritual and Temporal Remitted and Pardoned and granted him his Life and his Sentence was That he should remain Prisoner in the Isle of Man so long as he lived upon Condition That if any Means were made to the King or his Heirs for any further favour or if he should make his Escape then the Judgment should be put in Execution and the King's Grace should be void The Commons 2 Ibm. Thomas Mortimer impeached by the Commons He fled to the Irish Rebels Proclamation agreed in Parlement to be made for his Return and Appearance in Parlement before the King in Parlement affirming the Appeal to be Good and Lawful impeached Thomas Mortimer of Treasons comprised in the said Appeal but he being in Ireland fled unto the Mountains to the Irish Rebels Proclamation was agreed in Parlement to be made in England and Ireland That he should be in England within Three Months to answer to the impeachment of the Commons or be declared Traitor and all his Mannors Castles Lands Tenements c. which he was possessed of on the 13th of November in the Eleventh of the King together with all his Goods and Chattels forfeited to the King The Appellants and Commons had time given them until the meeting of the Parlement adjourned to Shrewsbury to the Quinden of St. Hillary or 27th of January when he not appearing the Duke of Lancaster and all the Lords Temporal and William Lescrop Earl of Wiltshire having sufficient Power from the Prelates and Clergie as appeared by Record in Parlement by assent of the King gave Judgment His Judgment in his Absence against him according to the Tenor of the Proclamation On the 3 Ibm. Sir John de Cobham impeached by the Commons 28th day of January the Commons in the Parlement at Shrewsbury shew the King how in the Parlement at Westminster they had accused and impeached John de Cobham Knight for that he had been counselling aiding and procuring the Commission to be made and caused himself to be put into it being made in prejudice of the King and openly against his Royal Dignity and Crown and for that in the Eleventh year of the King with others Convict in this Parlement accroaching to themselves Royal Power sitting in Judgment awarded That the King's Lieges Simon de Buerle and James Bernes Knights should be Drawn Hanged and Beheaded without the King's assent and contrary to his will in his absence and in the absence of many Peers of Parlement who arose and would not sit in such Judgment and against their Will traiterously against the Peace the King his Crown Majesty and Dignity And the same day the Duke of Surry in whose Custody he was brought him into Parlement to answer who was told by the Duke of Lancaster that he was accused and empeached by the Commons of the Treasons aforesaid and commanded him to answer at his Peril Who hearing the Impeachment said That as to the making of the Commission he was not guilty and touching the use and exercise of the same he said he would not use or meddle with it without the King's Command and therefore he went to the King and told him he with others were made Commissioners but would not act according to the Commission without his Command who commanded him to act To that the King answered he was under such Government at that time that he could say no otherwise by reason of such as were then about him and that the Commission was made against his Will the said John Cobham could not gainsay it Touching the Judgments and Award made against the said Simon and James he said he was told by those that then were Masters that it was the King's Will such Judgments and Award should be made Then the Commons prayed the King to give Judgment against him as Convict and Attaint of the use and exercise of the Commission and the Judgments and Award given and made against the said Simon and John notwithstanding his Answers Whereupon the Duke of Lancaster by Command of His Judgment the King all the Lords Temporal and William Lescrop Earl of Wiltshire having sufficient Power from the Prelates and Clergie as abovesaid by assent of the King awarded the said John de Cobham Convict and Attaint of the use and exercise of the Commission and the Judgments and Award traiterously made against the said Simon and James and therefore adjudged him Traytor and to be Drawn Hanged Headed and Quartered and that all his Castles Mannors Lands and Tenements c. which he had on the 19th day of November in the Tenth of the King's Reign and so on according Which was Pardoned by the King Being to remain Prisoner in the Isle of Jersey during Life to the Judgments given in the Earl of Arundel's Case All which Judgments the King of his special Grace Pardoned yet so as he was to be Prisoner in the Isle of Jersey during his Life and upon the same Conditions the Earl of Warwick
he was very Angry especially because they desired him to be under Good Government but by Divine Providence and the Resistance and Power of the said Lords the King could not bring his Design to effect Thirdly When the Lords 3 3 Ibm. n. 20. Temporal in Defence of themselves resisted his Malice and Craft the said King prefixed a Day for the Parlement to do them and others Justice who upon Faith and Confidence therein remained quietly in their own Houses the King privately with his Letters or Commission sent the Duke of Ireland into Cheshire to raise Arms against the said Lords Great Men and Officers of the Commonwealth Publickly exciting his Banners against the Peace he had Sworn to from whence Homicides Captivities Dissentions and other infinite Evils followed in the whole Kingdom for which cause he incurred Perjury Fourthly That although the said 4 4 Ibm. n. 21. King had Pardoned the Duke of Glocester the Earls of Arundel and Warwic and all their Assistants in full Parlement and for many Years had shewn chearful Signs of Peace and Love towards them yet the same King always bearing Gall in his Heart taking Opportunity caused to be seized the Duke of Glocester and the said Earls of Arundel and Warwic and sent the Duke to Calais to be imprisoned under the Keeping of the Earl of Nottingham one of his Appellants and without Answer or lawful Process caused him to be strangled and inhumanly and cruelly murdered The Earl of Arundel Pleading his Charter of Pardon and Demanding Justice in Parlement was encompassed with great Numbers of Armed Men and had his Head Damnably struck off and committed the Earl of Warwic and Lord Cobham to Perpetual Prison confiscating their Lands against Justice the Laws of the Land and his express Oath giving them to their Appellants Fifthly At the time 5 5 Ibm. n. 22. when in his Parlement he caused the Duke of Glocester and Earls of Arundel and Warwic to be adjudged that he might more freely exercise his Cruelty upon them and in others fulfil his injurious Will he drew to him a great multitude of Malefactors out of the County of Chester who marching up and down the Kingdom with the King as well within his own House as without cruelly killed his Lieges beat and wounded others plundering the Goods of the People refusing to pay for their Victuals violating and ravishing Men's Wives and other Women And although Complaints were made to the King of these Excesses yet he took no care to apply Remedy or do Justice in them but favoured those People in their Wickedness confiding in them and their Assistance against all others of his Kingdom wherefore his Good Subjects had great matter of Commotion and Indignation Sixthly Though the said 6 6 Ib. n. 23. King caused Proclamation to be made through the Kingdom That he caused his Unkle the Duke of Glocester and the Earls of Arundel and Warwic to be Arrested not for any Rebellious Congregations or marching with Horse within the Kingdom but for many Extorsions Oppressions and other things done against his Regality and Royal Majesty And that it was not his Intention that any of their Company at the time of the Congregation and Marchching with Horse aforesaid should for that Reason be Questioned or Disturbed Yet the same King afterwards in his Parlement Impeached the said Lords not for Extorsions Oppressions or other things aforesaid but for Rebellious Tumults and Congregations and Marching with Horse adjudged them to Death and caused many of their Company for fear of Death to make Fine and Ransom as Traitors to the great Destruction of many of his People and so he craftily deceitfully and maliciously Deceived the Lords their Followers and People of the Nation Seventhly After many of these 7 7 Ibm. n. 24. Persons who had paid their Fines and Ransoms and had obtained his Letters Patents of full Pardon yet they received no Benefit by them until they made new Fines for their Lives by which they were much impoverished And this was much in Derogation to the Name and State of a King Eightly In the last 8 8 Ibm. n. 25. Parlement holden at Shrewsbury the same King propounding to Oppress his People subtilly procured and caused to be granted That the Power of Parlement by Consent of all the States of the Kingdom should remain in some certain Persons who after the Parlement should be Dissolved might Answer the Petitions depending in Parlement then undetermined under pretence whereof they proceeded to other General Matters touching that Parlement ac-according to the King's Will in Derogation to the State of Parlement great Disadvantage to the Kingdom and a pernicious Example And that these Actions might seem to have some Colour and Authority the King caused the Rolls of Parlement to be changed and blotteed contrary to the Effect of the Grant aforesaid Ninthly Notwithstanding the said King at his 9 9 Ibm. n. 26. Coronation sware That he would do in all his Judgments equal and Right Justice and Discretion in Mercy and Truth according to his Power yet the said King without all Mercy rigorously amongst other things Ordained under great Punishments That no Man should intercede with him for any Favour toward Henry Duke of Lancaster then in Banishment in so doing he acted against the Bond of Charity and rashly violated his Oath Tenthly That though the 1 1 Ibm. n. 27. Crown of England the Rights of the Crown and Kingdom it self have been in all times so Free as the Pope or any other Foreign Power had nothing to do in them yet the said King for the confirming of his erroneous Statutes supplicated the Pope to confirm the Statutes made in his last Parlement whereupon he obtained his Apostolic Letters or Bull wherein were contained grievous Censures against all such as should presume to contravene them All which things are known to be against the Crown and Royal Dignity and against the Statutes and Liberty of the Kingdom Eleventhly Though Henry now Duke of Lancaster 2 2 Ibm. n. 28. by the King's Command exhibited his Bill or Accusation against the Duke of Norfolk concerning the State and Honour of the King and duly prosecuted it so as he was ready to make it good by Duel and the King had ordered it yet the same King put it by and without any lawful Cause Banished the His own Father John D. of Lancaster was the First Commissioner in this Judgment in Parlement See Pleas of the Crown 21 Ric. II. Duke of Lancaster for Ten Years against all Justice the Laws and Customs of the Kingdom and the Military Law Damnably incurring Perjury Twelfthly After the said King had graciously granted 3 3 Ibm. n. 29. to the now Duke of Lancaster by his Letters Patents That while he was in Banishment his Attorneys might sue for Livery of any Inheritance might fall to him for which Homage was due which should be respited for a
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
and our Statute-Books goes by the Title of Confirmatione Chartarum was Sealed and Dated the 10th of October and is to be found upon the Statute Roll 25 Ed. 1. M. 38. with this Memorandum at the End of it that this very Charter or Confirmation The Confirmation of them Sealed in Flanders word for word was Sealed in Flanders with the King 's Great Seal at Gaunt the 5th Day of November in the 25th year of his Reign and sent into England a sure Sign Sir Edward Coke never saw the Original of this nor of the Statute de Tallagio non Concedendo who placeth them in the 34th of this King On the 8 Append. N. 34. The Earl-Marshal the Constable and Lord Ferrers Pardoned and by what Mediation Statute-Roll there is a Destinal Pardon for the two Earls the Lord Ferrers c. somewhat differing from that in the Printed Statutes Dated at Gaunt on the same Day procured at the special Prayer and Request of his Son Prince Edward his Lieutenant in England William Bishop of Ely William Bishop of Bath and Wells Richard Bishop of London Walter Bishop of Litchfield and Coventry Henry Elect of York Edmund Earl of Cornwall John Warren Earl of Surrey and Sussex William Beauchamp Earl of Warwick and the others of his Council with his Son in England 9 Registrum Winchelsey in Doctors-Commons fol. 227. a. b. and 228. a. b. This Pardon had been doubly granted before by the Prince and by his Council in two Instruments or as they are called Letters-Pattents one of the Prince the other of his Council Dated October 10. and Sealed with their own Seals because the Great Seal of England was with the King At the same time also they Vndertook and Bound themselves to secure them from any Dammage which might happen to them from the King and procure them this very Pardon Things thus compos'd in England there was a Truce or as 't is A Truce between the two Kings and their Allies for a short time called in the Instrument it self A 1 See Bundle of Writs of Privy-Seal in the Tower And Pryns Hist Ed. 1. f. 757. Sufferance or Forbearing all Acts of Hostility by Sea and Land between the King of England and his Allies on the one Part and the King of France and his Allies on the other until the Feast of Epiphany for the Duchy of Aquitain and for the Earldom of Flanders and all other Parts until the Octaves of St. Andrew or the 7th of December Dated on the Feast of St. Denis that is October 9th in the Year of Grace 1297. in which there are the Names of the English Confederates That is to say the King of Almayn or Emperor the Earl of Flanders the Earl of Savoy the Earl of Bar the Duke The King of England's Allies or Confederates of Brabant the Earl of Holland the Earl of Montbeliard John de Cholon Seigneur Darly John de Burgonig John Lord of Moamtfancon Walter his Brother the Lord of Newcastle the Lord Dosselier the Lord of Fanconby the Lord of Jour the Lord of Conkendary Simon de Montbeliard Lord of Montron Stephen Doissler Lord of New-Town de Ville Neove and many others of Burgoinge Almaigne Brabant Holland Gascoinge and Arragon and others of which the Names were not known And by this Sufferance all Trade or Commerce was to be Exercised as at other times This was inclosed in Letters 2 Ibm. and Pryns Hist f. 758. The Truce sent into England under Privy-Seal dated at Gaunt the 15th of October in the 25th of his Reign and sent to his Son enjoyning him to see it kept in all points through the Realm and 3 Claus 25 Ed. 1. M. 26. Dors in cedula to that purpose on the 20th of October he sent it to all Ports in England to be Proclaimed and strictly Observed in all its Articles On the next Day setting forth that the Scots despising their The Scots despise their Oaths of Homage and Fealty Oatbs of Homage and Fealty and not content to have Broken the Peace before to have Killed his Subjects and done many other great Mischiefs 4 Ibm. They enter England burn and waste all before them The King summons the Service of Earls Barons c. to suppress them had then Entered England Burning and Wasting the Country slaying his People and destroying all before them sent his Summons to 200 Earls Barons Knights Abbats and others to be ready at Newcastle upon Tine on St. Nicholas-Day or 6th of December with their Service of Horse and Arms to go with his Son against the Scots to suppress their Rebellion and defend his own Kingdom By Commissioners on both sides the Sufferance or forberance of Hostility was prolonged and continued until Lent then next coming the 5 Bundle of Writs Pryn ut supra f. 756 757. The Truce between the Two Kings prolonged Instrument whereof was sealed with their Seals and dated at Grolingues Abby near Courtray in Flanders Nov. 23. 1297. In this Instrument also are contained the Names of King Edward's Confederates as before In the 24th of this 6 Walsingh Hist f. 64. 1. 5 c. n. 10. King in the year 1296 the Cardinals of Albanum and Praeneste had been sent by the Pope first into France then into England whether they came about Whitsuntide to make Peace between the Two Kings and expected the Two Cardinals sent to persuade Peace or make a Truce for two years King's coming out of Wales until the first of August when they delivered their Message and persuaded to Peace or a Truce for Two years The King answered he could agree to neither without the Consent of the King of the Romans by reason of the League between them confirmed by Oath They Request the King to obtain his Consent which in Reverence to the Court of Rome he granted and they returned into France The King as they desired 7 Bundle of Letters and Writs in Jurie London 24 25 Ed. I. and Pryn Hist Ed. I. from fol. 748 â—0 fol. 764. wrote to the King of Almaign or Romans to send his Commissioners to Cambray to the Cardinals with Power before them to Treat of and Conclude a Truce Honourable and Beneficial for them both Many Commissions were granted and Commissioners 8 Ibm. Aâ— ways propounded for a Peace or Truce prove ineffectual appointed on both sides at several times and References made to the Pope But when all these Ways proved ineffectual the Pope by his own Authority took upon him to denounce and declare a Truce for Two years under pain of Excommunication to such as should not submit to it 9 Walsingh ut supra f. 69. n. 50. The Pope by his own Authority declares a Truce for two years This the Cardinals published without success as appears by their Letter or Manifesto published for the knowledge of all People in which are contained the Minutes or Heads of
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 of our Kingdom according to Right and Reason We Grant by these our Letters to such as may be chosen by the Prelates Earls and Barons whoever they shall be full Power to Ordain the State of our Houshold and of our Kingdom abovesaid in such manner as their Ordinances be made to the Honour of God to the Honour and Profit of Holy Church and to the Honour of us and our Profit and to the Profit of our People according to Right and Reason and the Oath which we made at our Coronation And we Will that those which are chosen and all under our Dominion and of our Ligeance shall observe and keep the Ordinances to be made in all Points and that they may secure the Observation of them they may Bind themselves and Swear to one another without being questioned by us or our Friends and if peradventure it shall happen that part of those which shall be chosen to make the said Ordinances shall be hindered by Death Sickness or other reasonable Cause which God forbid so as they cannot perfect the said Ordinances then it shall be lawful for such as are present to Proceed by themselves or call such other to their Assistance as shall be most for the Honour of us the Profit of us and our People In Witness of these things we have caused to be made these our Letters Patents Given at Westminster the 16th day of March. The very day following the Prelates Earls and Barons or at least as many of them as might then be in London 1 Append. n. 51. An Instrument made by the Nobility to the King concerning the Commission above made an Instrument to the King wherein after they had repeated this Grant and Commission they grant and promise for them their Successors and Heirs That the Grant which their most Dear Lord their King had made as abovesaid should not at any other time be drawn into Custom or Usage nor turn to the prejudice of the King or his Heirs or of them their Successors or Heirs nor to the damage of any one against Right and Reason nor That the Grant aforesaid may in other manner be intended or claimed properly from his Courtesie and Free Will or Pleasure and that the Power of the said Ordainers as to making the Ordinances should not indure longer than the Time limited In Witness whereof they put their Seals to these their Letters Patents Given at London the 17th Day of March in the Year of Grace 1309. and the Reign of their Lord the King the Third They lost no time after they had their Commission for within three days the Ordainers were chosen and sworn They were these 2 Claud. D 2. f. 295. a. in Biblioth Cotton under-written The Arch-Bishop of Canterbury Bishops of Earls of Barons London Gloucester Hugh de Ver. Salisbury Lancaster William le Marshall Chichester Lincoln Robert Fitz-Roger Norwich Hereford Hugh Courtenay St. David's Pembroke William Martin Landaffe Richmond John de Grey  Warwick   Arondell  The Oath was this 3 Ibm. as 't is translated from the Old French I will make such Ordinance as shall be to the Honour of God the The Ordainers Oath Honour and Profit of Holy Church and to the Honour of our Lord the King and to the Profit of him and of his People according to Right and Reason and according to the Oath which our Lord the King sware at his Coronation And that I will not forbear for any Man Rich or Poor nor for Love or Hatred nor any other thing But will make such Ordinance in Form abovesaid 4 Ibm. And then after the Form of taking of it 't is noted in Latin That Factum fuit Receptum praedictum Juramentum c. The said 5 N. 52. Oath was made and taken in the Form aforesaid according to the King's Will and special Command on Friday the 20th of March in the Year of our Lord 1309. in the Third Year of the Reign of King Edward the Son of King Edward at Westminster in the Great Painted Chamber of the said King The Ordinances themselves are transcribed from the Parlement-Roll and Printed in the Appendix and were to this Effect and according to this Sense and Tenour For that the King was Deceived by Evil Counsel and the Nations of Gascoigne Ireland and Scotland in danger to be lost and the Realm of England to be ruined by Oppressions Prizes Takings and Destructions therefore Robert Arch-Bishop of Canterbury the Bishops Earls and Barons Chosen according to the King's Commission did Ordain to the Honour of God and Holy Church and the Honour of the King and his Realm in manner following 1. That Holy Church have all its Franchises as it had before The Ordinances and ought to have 2. That the King's Peace be kept throughout the Realm so as any Man may safely go come and stay any where according to the Law and Usage of the Realm 3. It is Ordained for the Payment of the King's Debts the Bettering and more Honourable Maintenance of his Estate That nothing of Lands Rents Franchise Escheat Ward Marriage Office or Bailiwick be given to any of the Ordainers during the time of their making Ordinances nor to any other Person without the Advice and Assent of the Ordainers or the greater Part or Six of them at least but that all things may be improved to the Honour and Profit of the King and Advancement of his Estate 4. That the Customs be Received by Persons of the Realm and not by Strangers that the Issues and Profits of them and all other things do come entirely into the Exchequer and be delivered thence by the Treasurer and Chamberlains for to maintain his House or Court and otherwise to his Profit that the King may live of his own without taking any other things than anciently due and accustomed 5. That the Merchants Aliens and their Goods be Arrested while they have given Account of the Customs and other Profits and Issues of the Realm they received since the Death of King Edward the Father of this present King before the Treasurer and Barons of the Exchequer and others to be joined with them by the Ordainers 6. That the Great Charter be kept in all its Points and that the Ordainers and such as they shall call to their Assistance during their Power shall declare all obscure and doubtful Points in it 7. For that the Crown was so abased and dismembred by divers Gifts it was Ordained That all the Gifts Granted to the Damage of the King and Distress of the Crown after the Commission to them made of Castles Towns Lands Tenements Offices or Bailiwicks Wards Marriages Escheats and Releases whatsoever as well in Gascoigne Ireland Wales and Scotland as in England should be Repealed and were declared Repealed without any Regranting to those that had them unless by common Consent in Parlement or if any such Gifts or Releases were afterwards made without Assent
of his Baronage in Parlement until his Debts were paid and his Estate advanced they should be null and the Procurer punished in Parlement by award of the Baronage 8. For that it had been at other times Ordained That the Customs Issues and Profits of the Crown should be received by the People of the Realm and not by Strangers and paid into the Exchequer for the Maintenance of the King's Houshold c. and it had not been done as Ordained therefore it was Ordained again it should be so 9. And for that the King ought not to undertake to make War against any one or go out of the Realm without the common Assent of his Baronage for many Dangers that might happen to him and his Realm it was Ordained That afterwards the King should not go out of his Kingdom or make War against any without the common Assent of his Baronage and if he should do otherwise and cause his Service to be summoned the Summons should be null and void And if it should happen the King should make War against any or go out of the Kingdom by Assent of his said Baronage and that it should be necessary to appoint a Guardian of the Realm he ought to be appointed by common Assent of his Baronage in Parlement 10. That there be no Prises or Takings for the King but such as are due of ancient Right that none under colour of Purveyance take to the use of the King or other any Corn Goods or Merchandise of any one against his Will or with his Will according to * Cap. 19. Magna Charta without paying the true Value for it under pain of being pursued by Hue-and-cry and if taken committed to the next Gaol and undergoing the Common Law as a Thief and Robber 11. That no new Customs or Maletolts levied sinee the Coronation of Edward I. or Inhancement of the old be taken of Merchants notwithstanding the Charter made by him to the Merchant Strangers against the Great Charter the Franchises of the City of London and without the Assent of the Baronage c. 12. To the Honour of God and of Holy Church it was Ordained against such as should maliciously procure Prohibitions and Aâ—eachments against the Ordinaries of Holy Church in case of Correction of Sin and other things purely Spiritual which belonged not to the Lay Court That the Justices should award Damages to the Ordinaries and if the Plaintiffs had not wherewith to pay them they should be committed to Prison so long as the Grievance miliciously procured should require saving the Estate of the Kingand Crown and other Right 13. That because the King had been Guided and Counselled by Evil Counsellors therefore it was Ordained all Evil Counsellors should be removed from the King that neither they nor any such should be near him or hold any Office under him and that other fit Persons should be put in their Places and in like manner it should be done to his Menial Servants and the Officers of his Houshold 14. For that many Evils happened by such Cousellors and Ministers it was Ordained That the King should make the Chancellor Chief Justice of one Bench and the other Treasurer Chancellor and Chief Baron of the Exchequer Steward of his Houshold Guardian of the Wardrobe Comptroler and a sit Clerk to keep the Privy Seal the Justices of the Forest on this side and beyond Trent the Escheators on this side and beyond Trent and the Chief Clerk of the Common Bench â—y 〈…〉 be Advice of vs Baronage in Parliament and if it should happen and be necessary to chuse any such Officers when there was no Parliament then the King should do it by the Advice he had about him until there should be a Parlement And so it should be for the future concerning such Ministers when need required 15. That all Governours of Ports and Castles upon the Sea be placed and made according to the Form abovesaid 16. And for that the Nations of Gascoigne Ireland and Scotland were in danger to be lost for want of Good Ministers it was ordained That Good and Sufficient Officers should be placed there according to the Form of the 2d Article next above that is the 14th 17. That Sheriffs be from thenceforth made by the Chancellor and Treasurer and such of the Council as shall be present and if the Chancellor be not present then by the Treasurer Barons of the Exchequer and Justices of the King's Bench that such should be chosen only as had Lands to answer the King and People for their Doings and no others to have Commissions under the Great Seal 18. That the Guardians and Officers of Forests receive just Trials for their Grieving the People Oppressions and Misdemeanours and be removed from their Offices notwithstanding they have Grants for their Lives 19. Directs the manner of Trial of Trespasses of Vert and Venison c. in the Forests according to the Charter of the Forest and Declaration of King Edward I. which is there recited 20. For that by the Examination of Prelates Earls Barons Knights and other Good People of the Realm it was found that Peirs de Gaveston had evilly Counselled the King and had inticed him to do ill in divers manners That he cheated the King of his Treasure and sent it beyond Sea That he accroached to himself Royal Power and Dignity in making Alliances with People upon Oath to live and die with him against all Men That he put from the King Good Officers and placed about him those of his Covin and Party as well Strangers as others That he estranged the King's Heart from his Liege People so as he despised their Counsels That he caused the King to grant Lands Tenements and Offices to himself and his Heirs and divers other People to the great Damage and Injury of the King and his Crown That he caused Blank Charters to be sealed with the Great Seal in deceit and disinheritance of the King and Crown That he maintained Robbers and Murderers causing the King to pardon them That King Edward the Father of the present King ordered him to forswear the Realm of England and directed that his Son the present King should for ever forswear his Company and for several other Reasons as the Nourishing of Concord between the King and his People and the Eschewing of many Perils and Discords it was Ordained the said Peirs should for ever be exiled out of England Scotland Wales and Ireland and all the King's Dominions either on this side or beyond the Sea between that time and the Feast of All-Saints next following having Dover assigned him for his Port to pass from and no other and if he should be found in England or any other part of the King's Dominions beyond that Day then he should be treated as an Enemy to the King Kingdom and People 21. That * This Emeric and those of his Company were a Society of Merchants by the name of the Society of
at St. Pauls about sending some of their own Order to the King and Queen as Mediators of Peace between them The Bishop of Rochester dissuaded his going into the City or beyond the Thames to Treat being then at Lambeth telling him the Hearts of the People were against the Bishops and that they hated them imputing all the Evil that had happened in the Nation to their Sloathfulness Foolishness and Ignorance Next day they met at Lambeth and Resolved to send Two The Bishop of Winchester was willing to go for one but could not get a Companion 2 Ibm. All sorts of Citizens meet at Guildhall and contrive how to put to Death the Bishops of London and Excester and the King 's other Justices Die Mercurii proximo ante Festum St. Lucae convenerunt apud la Gyld-Hall c. On Wednesday before St. Luke the Citizens great and small majores minores met at the Guildhall where they contrived how they might take and put to Death the Bishops of London and Excester and the King 's other Justices and how they might Plunder the Merchants Mercatores in Civitate depraedarent taking the occasion of the Queen's coming 3 Ibm. The Queen comes to London All her Enemies that adhered not to her accepta occasione de adventu Reginae quod Reginae adhaerere noâ—entes proditores Regni publice censerentur because those that would not adhere to the Queen were publickly Reputed Traytors to the Kingdom The Justices were then met at the Friers Preachers and the Bishop of Excester was flying to St. Paul's Church they caught him at the Door beat and grievously wounded him and drew him through the Streets and Lanes to the Great Cross in Cheapside where the Sons of the Devil Filii Diaboli Virum fidelem providum discretum ac Regno valde necessarium truculenter decapitarunt Beheaded a Faithful Wise and Discreet Man and very useful to the Nation And further says Tunc conturbata est tota 4 Ibm. Those who were called the Queen's Enemies were plundered all the Nation over Terra in circuitu impii ambulantes animalia alia bona pacificorum quos hostes Reginae dixerant sub tali colore ubique depraedantes abduxerunt Then the whole Nation was in confusion and the Wicked calling peaceable Men the Queen's Enemies and under that colour took away and plundered their Goods The King not thinking himself safe there had left London before the Queen came thither and finding 5 De la Moor f 598 n. 50. The King goes into Wales by such as he had sent to make a Discovery that almost all the Nobility afrighted with false Reports tota fere Regni Communitas falsis territa rumoribus had come in to the Queen went in 6 Ibm. Sets H. Spenser the Father to defend the Town and Castle of Bristol Wales and having appointed Hugh Despenser the Father then Earl of Winchester to defend the Town and Castle of Bristol went with Hugh the Son then Earl of Glocester Robert Baldock and few others to 7 Ibm. Wals f. 125. n. 10. The King lay close in the Abby of Neath in Glamorganshire Chepstow and there took Ship intending for the Island of Lundy or Ireland but the Wind being cross he could make neither and having undergone much Hardship at Sea he landed and got to the Abby of Nethe in Glamorganshire where he lay close In the mean time the Queen followed him with her Army and sent these Letters abroad to command and draw in the People to her Assistance 8 Ibm. Append n. 69. The Queen's Letter by which she commanded and drew in the People to her Assistance Isabel by the Grace of God Queen of England Dame of Ireland Countess of Pontif or Ponthieu and we Edward Eldest Son to the Noble King of England Duke of Guyen Earl of Chester Pontif and Monstroil or Monstrevil and we Edmond Son to the Noble King of England Earl of Kent To all those to whom these Letters shall come Greeting Whereas 't is notoriously known That the State of Holy Church and the Realm of England are many ways blemished and abased by the Evil Counsel and Abett of Hugh le Despenser who by Pride and a Desire to Lord it and set himself over all others hath taken upon him Royal Power against Right Reason and his Allegiance and in like manner made use of all the Evil Counsel of Robert Baldock and others his Adherents so as Holy Church is reviled and shamefully put under great Subjection Her care of Holy Church and the Prelates of Holy Church and the Prelates of Holy Church spoiled of their Goods against God and Right Holy Church defamed and dishonoured many ways and the Crown of England destroyed in divers manners in Disheritance of our Lord the King and his Heirs the Great Men of the Realm by the Envy and wicked Cruelty of the said Hugh many of them without Fault and without Cause put to shameful Death some Disherited others Imprisoned Banished and Exiled Widows and Orphans wrongfully forejudged of their Right and the People of the Land by divers Tallages and undue Exactions very often burthened and by divers Oppressions grieved without Mercy By which Offences the said Hugh hath shewn himself an open Tyrant and Enemy to God and Holy Church to our most dear Lord the King and to the whole Realm And we and many others with us and in our Company who have long been estranged from the good Pleasure of our Lord the King by the false Suggestions and Evil Procurement of the aforesaid Hugh and Robert and their Adherents are come into the Land to raise the State of Holy Church and the Realm and to defend the People from these Mischiefs and grievous Oppressions and to maintain to our Power the Honour and Profit of Holy Church and our Lord the King and the whole Realm as abovesaid Wherefore we command and pray you for the Common Profit of you and every one of you to be Aidant to us at all times and in all places and by all the ways you know or can that the things abovesaid may be speedily brought to a good Effect and End For know certainly That all we and all those with us will not undertake any thing that shall not be for the Honor and Profit of Holy Church and of the whole Kingdom as in time you will see and find if God please Given at Wallingford the 15th Day of October in the Twentieth Year of the Reign of our most dear Lord the King From Wallingford she marched to Oxford and so in a short Bristol taken time to Bristol which she besieged and soon took and the next day after she came thither 9 De la Moor f. 599. n. 50. H. Despenser the Father drawn and hanged Hugh Despenser the Father Earl of Winchester was Drawn and Hanged upon the Common Gallows without Hearing or Trial on the 1 Aist Sacr.
of Lancaster pities his deplorable case Mâ—ny Lords and others begin to think how they might deliver him the suspicion whereof caused him to be removed from Kenelworth-Castle and to have new Keepers His Keeper also the Earl of Lancaster began to be every way obliging to him much pitying and commiserating his deplorable Case Many Lords and others began to think how they might deliver him out of Captivity the notice or rather suspicion thereof much startled Mortimer the Bishop of Hereford the Queen and Chief Actors in this Tragedy reflecting upon what they had done and fearing if the King should get his Liberty they could not be safe or at least their Designs must come to nothing and caused them to think of removing him from Kenelworth and appointing him new Keepers who were Thomas Gournay and John Maltrovers Knights receiving him at Kenelworth-Castle by Principal Authority Authoritate Principali as Sir Thomas de la Moor phraseth it and hurried him up and down the Nation that it might not be known where he was and at last brought him to He is inhumanly treated Berkley-Castle in Glocestershire where he was inhumanly treated by his Keepers attempting to destroy him by all ways of horrid Indignities brutish Usages and before uncontrived and unthought of Affronts But having been frustrated in their Intentions by his natural Strength of Body and Fortitude of Mind on the 10th of the 1 Ibm. f 603. n. 20. And barbarously murthered Calends of October or 22d of September at night in his Bed they stifled and smothered him with large and heavy Bolsters and Pillows and put up a red-hot Iron thro' a Ductil-pipe into his Guts at his Fundament and in this most cruel manner murdered him that no VVound or Mark of a Violent Death might be found upon him Church-Affairs IN these we may give a short Account and History of the Templars being an Ecclesiastick Order and in these times the Pope claiming the Jurisdiction over Judgment and Censure of them as not being subject to Temporal Power This Order began in the 1 Mat. Paris f. 67. n. 10 20 30 40. A. D. 1118. A short History and Suppression of the Templars year 1118 only Nine Knights at first entring into a Combination by voluntary Agreement were the first Founders of it whereof the Two Principal were Hugo de Paganis and Godfrey of St. Omar to whom because they had no certain Habitation Baldwin King of Jerusalem assigned them part of his own Palace near the South-Gate adjoining to the Temple of the Lord from whence they were called Templars Their first Profession was for the Remission of their Sins to guard the High-ways for the safety of Pilgrims and such as came to visit the Sepulchre and to defend them from Thieves and Robbers The King Nobility and Patriarch with other Prelates giving Lands to support and maintain them Nine years after 2 Ibm. in the Council of Troyes they had a Rule and Habit assigned them by Pope Honorius when their Numbers and Possessions began to increase in a short time they were so numerous that there was in the Convent 300 Knights besides of Brethren almost an infinite number and they were said to have such vast Possessions as there was no Christian Country wherein they had them not and so as to exceed Princes in their Revenues and are reported by the same 3 Ib. f. 615. n. 50. A. D. 1244. Historian to have obtained and been possessed of in the space of 126 years 9000 Mannors in Christendom Their increase in Revenues and Riches begat the Envy and their neglect and non observation of the first Institution of their Order their Luxury Pride and most horrid and detestable Crimes which were reported of and objected against them begat the hatred of all Christendom so that within Sixty three years after when they were 4 possessed of 16000 Lordships besides other Lands viz. 4 Heylin's Cosmogr lib. 3. fol. 98. a. in the year of our Lord 1307 on Friday after St. Denis or 12th of October by Command of the 5 Mezeray's Hist f. 333. King of France Philip the Fair with Consent of Pope Clement the Fifth all the Templars in France were secured their Houses Lands Possessions Goods Treasure Church Ornaments and Writings seised on and delivered to Guardians under whose Custody and Administration they remained In like manner it was 6 Râ—t Claus 1 Ed. II. M. 12. Dors De captione Templariorum c. A. D. 1307. ordained by the King and his Council that all the Templars in every County in England Scotland Ireland West-Wales North-Wales and Earldom of Chester but more particularly those in England should be attached by their Bodies on Wednesday next after the Feast of Epiphany or 6th of January and that all their Lands Tenements Goods and Chattels as well Ecclesiastick as Temporal with their Charters Writings and all Muniments should be seized into the King's Hands That the Goods and Chattels should be inventoried and prised and Indentures made of them in the presence of the Guardian or Preceptor of every place and in the presence of Two Lawful Men whereof one to remain with the Guardian and the other with the Sheriff the Live Stock to be kept upon the Premises and the Lands to be Plowed and Sown to the best Profit and Advantage That the Bodies of the Templers should be kept safe in convenient Places other then their own but not to be put in vile and base Prisons while the King should order otherwise and that every one according to his Condition should receive a Competent Maintenance from these Goods There is also contained in this Record the manner how this Ordinance was put in Execution The Writ wherein the Instructions for the Execution of it were included was Dated December the 20th in the First of Edward II. A. D. 1307. The King of 7 Puteanus de la condemnation des Templars p. 8 9. France after he had secured the Templars desirous to proceed in the Prosecution of them consulted the Faculty of Divinity in Paris who answered him by Decree That the Authority of a Secular Judge could not extend it self to proceed against any one for Heresie unless he was required by the Church or unless in case of necessity where there was danger he might secure Hereticks with intention to deliver them to the Church Those that were in the Exercise of War for the Defence of the Faith having made a Vow of Religion approved by the Church were holden for Religious and exempt from the Lay-Judge and as to their Goods they ought to be preserved to be imployed for the end they were first given to the Templars The Pope finding 8 Ib. p. 9. the most wicked Procedure of the King pretending they were Ecclesiasticks Remonstrated to him by his Bull the great Obedience of his Predecessors to the Holy See who never attempted to Judge Ecclesiasticks That the Templars were immediate Subjects of the
many heinous Crimes sworn against the Templars in the Provincial Council of London called at the Command of the Pope the same that were sworn against those in France They confessed the Report but not the Fact unless one or two Ribalds that is most wicked and profligate Men in every State to wit of Priest-Templars Knight-Templars Common Brethren and Servant-Templars Nisi unus vel duo Ribaldi in omni statu Yet at last they all confessed they could not purge themselves from the things charged on them so that every one of them were thrust into Monasteries there to do perpetual Pennance where they in all things behaved themselves well This Relation of Walsingham is taken out of Adam Murymonth 5 In 1310. 1311. who then lived and his very Words transcribed by him In the Sentence of Extinction of the Templars and Donation of their Lands and Goods to the Hospitalers all Possessors and unlawful Detainers of them of what State Condition Excellency and Dignity soever they were whether Bishops Emperors or Kings were Excommunicated unless within one Month after they should be required by the Master and Brethren of the Hospital of St. John's of Jerusalem or their Procurators they parted with and fully and freely restored them to that Order and also all that were Aiding Advising and Assisting in the Detaining of them and likewise all Chapters Collegiate and Conventual Churches Cities Castles Towns and other Places that detained them and delivered them not when required as aforesaid were put under Interdict from which Excommunication and Interdict they were not to be absolved until they had made full and due Satisfaction And besides these Punishments all Persons and Places that detained the Goods and Estates aforesaid and delivered them not that held Fees of the Roman or any other Churches were decreed ipso facto in very Deed to be deprived of them In the end of this Council says the last cited 6 Ibm. A D. Historian the Pope sent two Cardinals into England to receive the Lands Goods and Possessions of the Templars for the Use of the Hospitalers The Earls and Noblemen whose Progenitors had given them to the Templars the Order being dissolved possessed themselves of and refused to restore them so as the Nuncio's returned without doing the Business they came for The Pope's 7 Append. n. 76. Letter or Bull to the King That he should give his best Assistance in promoting of the Delivery of the Templars Goods to the Master and Brethren of the Hospital or their Procurators and further That he should expresly Command all his Earls Barons Great Men Corporations and Bodies Politick Seneschals Bailiffs and other Officers which were by him deputed to keep those Goods to deliver them when required was Dated the 26th of the same Month of of May in which he passed the Sentence of Extinction This in all probability was the Bull or Letter by which the two Cardinals as Procurators or Attorneys came to demand the delivery of the Lands of the Templars for the Hospitalers On the 25th of November 1313 by virtue of a long tedious 8 Rot. Claus 7 Ed. II. M. 12. Dors Instrument for the restitution of the Possessions Goods and Chattels to the Hospitalers which had belonged to the Templars in England in which the Pope's Proceedings against them were recited Albert of Black-Castle de Castro nigro Great Commander of the Hospital of St. John's of Jerusalem and Deputy of the Great Master and Leonard de Tibertis Prior of the Hospital of St. John's of Venice and Procurator General of the Order Their Procurators petitioned and required That whereas the Pope had given by Consent of the General Council all the Houses Churches Chapels Oratories Cities Castles Towns Lands Granges Places Possessions Jurisdictions Rents and Rights and all Goods Moveable and Immoveable with all their Rights Members and Appurtenances and annexed united incorporated and applied them to the Greatness and Extent of Papal Power de plenitudine Apostolicae potestatis to the said Hospital c. The King hearing this Supplication made Protestation for the Preservation of his Right and Rights of his Subjects notwithstanding such Restitution and Rendring and that if he made such Restitution it was for fear of the Danger which he foresaw might come upon him and his Kingdom if he did it not and which for the shortness of Time and other Causes could not be avoided And further protested That at a â—it time he and his Subjects would demand the Goods as if they never had been restored Three Days after on the 28th of November the King caused to be delivered all the Things above mentioned to the two Procurators Albert and Leonard according to the Pope's Bull directed to him and to avoid the many Dangers and Damages that might otherwise happen to him his Dominions and Subjects saving the Right of him and his Subjects according to the Effect of his Protestation The King's Letter to this purpose was directed to the Guardians 1 Ibm. of the Lands and Tenements of the Templars in London and Suburbs and the like Letters were sent 2 Ibm. to Fifty six other Guardians of their Lands and Possessions in all Counties and several particular Places in England and to Audomar Earl of Pembroke to deliver and surrender the new Temple with all its Lands Tenements and Appurtenances in London the Suburbs and Middlesex In like 3 Ibm. manner he wrote to the Bishop of Lincoln several Noblemen and all the Sheriffs of England And then after these Letters and Instrument there is entred upon Record a long impertinent 4 Ibm. Acquittance reciting the Proceedings as before in their Request against the Templars from these Procurators by which they acknowledge themselves to be well contented and paid bene contenti pacati by the King and all others in the Restitution c. Dated in London on the Nones or 5th of December A. D. 1313. The Pope by a long Bull dated on the 5th of the Kalends of November or 28th of October in the 4th of his Pontificate commanded Robert Winchelsey Arch-Bishop of Canterbury A. D. 1309 to deliver an Abstract of it to the King and to Expound it to him which was thus Directed 5 Râ—g stâ—â—m Wâ—nchelsâ—y f. 6. â— in Doctors-Commons Excellentissimo Principi Domino suo vobis Domino Edwardo Dei gratia Regi Angliae illustri Domino Hiberniae Duci Aquitaniae insinuamus Exponimus nos Robertus permissione Divina Cantuarensis Archiepiscopus totius Angliae primas ex injuncto nobis mandato Apostolico quae inferius discribuntur To the most Excellent Prince and his Lord you Edward by the Grace of God illustrious King of England Lord of Ireland and Duke of Aquitan we Robert by Divine permission Arch-Bishop of Canterbury and Primate of all England by the Pope's Command do insinuate and declare to you the things under-written Which were these Grievances 1. That his Officers altho they were bound
him had granted that Robert de Vere should be King of Ireland and to accomplish this wicked Purpose the foresaid Traitors counselled and excited the King to send Letters to the Pope to ratifie and confirm their Traiterous Intention without the Knowledge and Assent of the Kingdom of England or Land of Ireland in parting the King's Legiance in respect to both Nations in decrease of the Honourable Name of the King and in open Disherison of his Crown of England and full Destruction of his Loyal Lieges and the Nation of Ireland XII Also whereas by the Great Charter and other good Laws and Usages of the Kingdom no Man ought to be taken put in Prison or to Death without due Process of Law the fore said Nich. Brembre false Knight of London took by night certain Persons out of the Prison of Newgate Chaplanes and others to the Number of Twenty two some Debtors others accused of Felony and some Approvers in the Case of Felony and some taken and imprisoned there upon suspicion of Felony and led them into Kent to a Place called the Foul Oke and there encroaching to himself Royal Power as a Traitor to the King and without Warrant or Process of Law caused their Heads to be cut off all but one who was Appealed of Felony by an Approver and him he suffered to go at large at the same time XIII Also the foresaid Alexander c. Robert c. Michael c. Robert c. Nicholas c. Traitors to the King and Kingdom took great Bribes in many Cases in the Name of the King for Maintenance of Quarrels or Suits and one time took Bribes of both Sides or Parties as shall be more fully shewed if need be XIV Also these Five caused some Lords and others Loyal Lieges to be put out of the King's Council and so as they dare not speak in Parlement about the good Government of the King's Person or Kingdom XV. Also whereas in the last Parlement all the Lords Sages and Commons there assembled seeing the imminent Ruin of the King and Kingdom by the Perils and Mischiefs aforesaid and for that the King had forsaken the Counsel of the Kingdom and holden himself altogether to the Counsel of the said Five Evil-doers and Traitors and also for that the King of France with his Royal Power was Shipped at Sea ready to have Landed in England to have destroyed the Kingdom and Language thereof and there was no Ordinance then made or Care taken for the Safety of the King and Kingdom They knew no other Remedy than to shew the King fully how he was ill Governed Led and Counselled by the Traitors and Ill-doers aforesaid requiring him most humbly as his Loyal Lieges for the Safety of him and his whole Realm and to avoid the Perils aforesaid to remove from his Presence the said Evil-doers and Traitors and not to do any thing after their Advice but according to the Counsel of the Loyal and Discreet Sages of the Realm And hereupon the said Traitors and Evil-doers seeing the Good and Honourable Opinion of the Parlement to undo this Good Purpose by their false Counsel caused the King to Command the Major of London to kill and put to death all the said Lords and Commons except such as were of their Party to the doing whereof these great Traitors and Evil-doers should have been Parties and present in undoing the King and Kingdom XVI Also That those Five Traitors c. when the Major and Good People of London utterly refused in the Presence of the King to Murder the Lords and Commons by their said Traiterous Accroachment falsly Counselled the King and prevailed with him to leave the Parlement for many Days and caused him to certifie fist certifier That he would not come to the Parlement nor Treat with the Lords and Commons of the Business of the Kingdom for any Peril Ruin or Mischief that might happen any ways to him or the Realm if he were not first assured by the Lords and Commons that they would not speak or do in that Parlement against any of the Misdoers saving that they might proceed on in the Process which was then commenced against Sir Michael de la Pole to the great Ruin of the King and Kingdom against the ancient Ordinances and Liberties of Parlement XVII Also the said Lords and Commons after they understood the King's Mind by the wicked Excitation and Counsel of the Five c. was such as he would not suffer any thing to be commenced pursued or done against the said Mis or Evil-doers mesfesours they dare not speak or proceed against the King's Will and then in Parlement was read the Counsel and Advice of the Lords and Justices and other Sages and Commons of Parlement how the Estate of the King and his Royalty might be best saved against the Perils and Mischiefs aforesaid and they knew not how to find any other Remedy than to ordain That Twelve Loyal Lords of the Land should be the King's Council for One Year and that there should be made such a Commission and Statute by which they should have full and sufficient Power to Ordain c. according to the Effect of the Commission and Statute by which Commission and Statute no Man was to Advise the King against them under Forfeiture for the first Offence of his Goods and Chattels for the second Offence Life and Member Which Ordinances Statute and Commission were made agreeable to the Assent of the King the Lords Justices and other Sages and Commons assembled in the said Parlement to save the King his Royalty and Realm The said Traitors and Misdoers by their Evil False and Traiterous Informations of the King that the said Ordinance Statute and Commission were made to Defeat his Royalty and that all those who procured and counselled the making of them and those who excited the King to Consent to them were worthy to be done to Death as Traitors to the King XVIII Also after this the said Five Misdoers and Traitors caused the King to assemble a Council of certain Lords Justices and others many times without the Assent and Presence of the Lords of the Great Council and made divers Demands of them very suspicious of divers Matters by which the King Lords and Common People were in great Trouble and the whole Realm also XIX Also to accomplish the said High Treason the Misdoers and Traitors Alexander c. Robert c. Michael c. by the Assent and Counsel of Robert Tresilian and Nicholas Brembre caused the King to go through the Kingdom with some of them and into Wales and caused him to make come before him the Lords Knights and Esquires and other good People of those Parts as well of Cities and Burghs as other Places and made some to enter into Bond others by their Oaths to stand with him against all People and to effect his Purpose which at that time was the Will and Purpose of the said Misdoers
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
Salisbury John Lancaster Knights with other People with them to go into France to put in Execution this Wicked Purpose and Treason which Safe-conducts were ready to be produced XXXIII Also the foresaid Nicholas Brembre false Knight of London by Assent and Advice of Alexander c. Robert de Vere c. Michael c. and Robert Tresilian false Justice encroaching to themselves Royal Power as before some of them went Personally into London and without the Assent and Knowledge of the King there openly in his Name made all the Crafts of that City to be Sworn to hold and perform divers Matters not Honest as is contained in the said Oath upon Record in Chancery and amongst other things That they should keep and uphold the King's Will and Purpose to their Power against all such as were or should be Rebels or against the King's Person or his Royalty and that they were ready to live and die with him in destruction of all such who did or should design Treason against the King in any manner and that they should be ready and come readily to their Mayor for the time being or that afterwards should be when and what hour they should be required to resist so long as they lived all such as did or should design any thing against the King in any of the Points aforesaid at which time the King by Evil Information of the said Misdoers and Traytors and by the false Answer of the Justices firmly held the said Lords and others who contrived the Statute Ordinance and Commission to be his Rebels Enemies and Traytors which Information was then unknown to the People of London and also That by obscure Words contained in the Oath the Intent of the Misdoers and Traytors was to engage the People of London to raise their Power to destroy the Loyal Lords XXXIâ— Also the said Nicholas Alexander Robert de Vere and Michael Traytors to the King and Kingdom encroaching to themselves Royal Power of their own Authority without Warrant from the King or his great Council caused to be proclaimed thro' the City of London That none of the King's Lieges should Ayd or Comfort Richard Earl of Arundell and Surry a Peer of the Land and one of the Lords of the King 's great Council during the Commission or to sell him Armor Victuals or other things necessary and to avoid all of his Party as Rebels upon forfeiture of whatever they could forfeit to the King shewing a Patent from the King for making such Proclamation in of the King 's Loyal Lieges XXXV Also the said Nicholas Brembre by Assent and Counsel of Alexander Robert de Vere and Michael made to be proclaimed in the City of London That no Person should be so hardy to speak one Word of ill of the said Misdoers and Traytors upon pain to forfeit whatever they could forfeit to the the King also encroaching to themselves Royal Power XXXVI Also the said Five Traytors to the King and Kingdom caused the King to send to his Council certain Persons to be Sheriffs thro' the Kingdom named to him by the Evil-Doers and Traytors to the intent they might make such Parlement Knights as they should name to the undoing of the good Loyal Lords and the good Commons and also the good Laws and Customs of the Kingdom XXXVII Also the Five Misdoers and Traytors during the time of Protection to hinder the Appeal falsely Counselled and caused the King to Command by his Letter divers Knights and Esquires his Sheriffs and other his Ministers of divers Counties to levy and assemble all the Power they could to come with the Duke of Ireland against the Lords Appellants to make sudden War upon and destroy them XXXVIII Also during the time of Protection of the said Robert de Vere c. Michael c. Alexander c. Nicholas c. caused the King by his Letters to notifie to the Duke of Ireland they were all appealed of Treason by Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and how he had given them day until the next Parlement and how he had taken into his special Protection both Parties with all their Goods and Chattels and it was further contained in the King's Letters That if the Duke of Ireland had sufficient Power he should not cease to march on with all his Force to come to him and soon after they caused the King to write to that Duke That he should take the Field with all the Force he could get together and that he would meet him with all his Power and that he would adventure his Royal Body with him and that he was in great danger and also the whole Nation if he was not relieved by him and this the Duke ought to discover to all the People with him and that the King would pay all his Wages and Costs and of all the People assembled with him By force of which Letters the Wicked and Traiterous Excitations as well of the Duke and his Adherents and all the other Misdoers and Traytors he raised a great number of Men at Arms and Archers as well in the Counties of Lancaster and Chester and in Wales as other Places of the Kingdom to destroy and put to death the Lords and all others who ordered and assented to the making of the Statute Ordinance and Commission to the Ruin of the King and his Kingdom XXXIX Also the said Robert de Vere Duke of Ireland false Traytor to the King and Kingdom assembled a great Power of Men at Arms and Archers in Lancashire Cheshire Wales and many other Places to the intent to have Traiterously destroyed with all his Power the said Lords Thomas Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Thomas Earl Marshal and other the King's Lieges to the Undoing and Ruin of the King and whole Kingdom and so Rod or Marched with a great Force of Men at Arms and Archers from the County of Chester to Radcot-Bridge accroaching to himself Royal Power Displaying the King's Banner in his Army against the State of the King and his Crown This Impeachment was Exhibited on Monday the first 1 Rot. Parl. 11 Ric. II. Part 3. This Roll is not numbred The Appealed summoned to appear day of the Parlement being the 3d of February when the Lords Appellants affirmed they were ready to prove every Article as it should be awarded in Parlement to the Honour of God the Honour and Profit of the King and the whole Realm whereupon the Appealed were called in Parlement before the King and Lords to appear and make Answer to the Appellants and the same Demand of their Appearance was made in Westminster-Hall and at the great Gate of the Palace of Westminster to come and Answer the Appellants and because they came not being so solemnly called the Duke of Glocester and the other Appellants prayed
Execution under the Forfeiture aforesaid Witness the King at Westminster the 3d Day of May. By the King Himself and Council This Proclamation 1 Ibm. was directed to the Sheriff of Kent and all other Sheriffs of England to his Uncle John Duke of Lancaster or his Chancellor in that Dukedom and to John Stanley his Justiciary in Ireland or his Lieutenant and also his Justiciary of Chester or his Lieutenant The Statutes the Persons recalled by this Proclamation went to Rome to have made void by the Pope were the Statute of Provisors last made the Statute of Quare impedit and Praemunire facias and others like to them which the Pope said were against and injurious to Ecclesiastic Liberty For the particular Account whereof see Walsingham's History Fol. 344. n. 40 55. and Fol. 345. n. 10. A. D. 1391. 14 Ric. II. In the 20th Year 2 Ibm. 20 Ric. II. M. 3. Dors of his Reign on the 19th of September he caused Lewis Bishop of Vultura in Apulia the Pope's Collector to take the same Oath before himself in Chancery which James Dardain had taken in the 12th of his Reign before his Council John Wyclif and his Followers THE Opinions of John Wyclif prevailed very much in the Vniversity of Oxford and not a few Learned Men maintained them in the Schools and Preached them up there and in many other Places and Countries In the 4th of this King 1381. William de Berton 3 Speim Council Vol. 2. f. 267. Chancellor of the Vniversity calling together many Doctors of Divinity and many Professors of and Skilful in the Canon-Law they Judged upon Examination of those Opinions That they were Erroneous Repugnant to the Determinations of the Church and Contradictory to Catholick Verity and therefore forbade every one of what Degree or Condition soever under the pain of the greater Excommunication publickly to Hold Teach or Defend the same in the University Upon the further spreading of these Opinions amongst the Great Men and Populacy 4 Ibm. f. 629 630 631. William Courtney Arch-Bishop of Canterbury and Seven other Bishops of this Province Fourteen Doctors of Canon and Civil Law Seventeen Masters of Divinity and Six Baccalaurs of Divinity on the 17th of May 1382. met in a Chamber of the Frier-Preachers in London where having considered and deliberated upon the Conclusions and Opinions then divulged unanimously on the 27th of the same Month Declared and Decreed some of them Heretical others Erroneous and contrary to the Determinations of the Church The Heretical Opinions were these That the material Substance of Bread and Wine remained after Consecration in the Sacrament of the Altar Also That the Accidents do not remain with a Subject after Consecration in the same Sacrament Also That Christ is not in the Sacrament of the Altar Identically Truly and Really in his proper Corporeal Presence Also That if a Bishop or Priest be guilty of mortal Sin he can neither Ordain Consecrate or Baptize Also That if a Man were duly Contrite all external Confession was superfluous and unprofitable Also Pertinaciously to assert that Christ Ordained Mass had no Gospel-Foundation Also That God ought to Obey the Devil Also If the Pope be an ill Man and by consequence a Member of the Devil he hath no Power over the Faithful of Christ given him by any one unless perhaps by Caesar Also That after Urban VI. no Man is to be received as Pope but we ought to live as the Graecians under our own Laws Also To assert That 't is against Holy Scripture that Ecclesiastics should have Temporal Possessions The Pernicious Erroneous Conclusions were these That no Prelate ought to Excommunicate any one unless he first knew he was Excommunicated by God Also That any one who did so Excommunicate became thereby an Heretic and Excommunicate himself Also A Prelate Excommunicating a Clerc who Appealed to the King and his Council is in very Deed a Traitor to God the King and Kingdom Also They that leave off Preaching or Hearing the Word of God or Gospel Preached for the Excommunication of Men are Excommunicated and shall be had for Traitors to God in the Day of Judgment Also To assert that 't is lawful for any one tho' a Deacon or Priest to Preach the Word of God without Papal or Episcopal Authority or other which sufficiently appeareth Also To assert that none is a Civil Lord none is a Bishop none is a Prelate while he is guilty of Mortal Sin Also That Temporal Lords may at their Pleasure take away Temporal Goods from Ecclesiastics being habitual Delinquents or that the Populacy when they will may correct Delinquent Lords Also That Tythes are pure Alms and that the Parishioners for the Sins of their Curates may detain them and as they please give them to others Also That particular Prayers applied to one Person by Prelates or Religious are no more Benefit to that Person than general Prayers are to him caeteris paribus all other things being equal Also In that very thing that any one takes upon him whatsoever private Religion he is made more unfit and unable to observe God's Commandments Also Saints instituting whatever private Religions as well those with Possessions as Mendicants they have sinned in so instituting Also That Religious living in Private Religions are not Christians Also That Friers are bound to get their Food by the Labour of their Hands and not by Begging Also He that gives Alms to Friers or to a Frier-Preacher is Excommunicate and he that receives it On the 20th Day of June 5 Ibm. f. 631 632. in the same Year and Place Nicholas Hereford Philip Rapyâ—gdon a Canon Regular both Professors of Divinity and John Ayshton Master in Arts and Scholar in Divinity the Chief Followers of VVyclif appeared Personally before the Archbishop the Doctors and others When Nicholas and Philip were commanded to answer and to speak fully and plainly what they thought of the Conclusions above they gave in their Answers in Writing protesting as otherwise they had done That they intended to be Humble and Faithful Sons of the Church and of Holy Scripture and obey in all things the Determinations of the Church and if they should commit any Errour against this Intention in Word or Deed they submitted themselves to the Correction of the Archbishop and all others to whom it belonged to Correct them This Protestation premised they Answer That the Substance of material Bread and Wine remains in the Sacrament of the Altar after Consecration Ad sensum contrarium isti Decretali Firmiter Credimus Concedimus quod est Haeresis To the contrary Sense of the Decree we firmly believe that is a Decree that began with those Words Firmiter Credimus We grant 't is Heresie To the Second Conclusion That the Accidents do not remain without a Subject after Consecration in the same Sacrament Ad sensum contrarium isti Decretali Cum Marthe a Decree in the Decretals that began with those
DE His Excuse for not answering Fol. Ib. His Lands adjudged to be seized Fol. 148 A His Endeavours to incense the Nobility against the Spencers and the Queen against the King Fol. Ib. BC His motion in Parlement whether King Edward II. or the Prince his Son should Reign over them Fol. 161 D He with the Bishops of Winchester and Lincoln the Contrivers of King Edward's Deposition Fol. 162 E Adolphus the Emperor deposed and the manner of it Fol. 63 D The occasion of his being deposed Fol. Ib. F Alexander III. King of Scotland dies without Issue Male Fol. 14 F His Grand-daughter Margaret the Maid of Norwey his Heir Fol. Ib. Anglesey Isle when taken Fol. 7 F Appellant Lords in Richard II.'s Reign with their Protestation Fol. 371 C The Lords and Commons Oath to stand by them Fol. Ib. F Their Articles against several Lords and others Fol. 372 c. Their Impeachments exhibited Fol. 383 E They desire that what was done in Parlement 11th of King Richard might be revoked Fol. 401 F Appealed Lords and others refuse to appear Fol. 384 E Judgment pronounced against them Fol. 385 A None of them to be restored Fol. 390 C Ard betrayed to the French Fol. 333 D Articles of Peace between King Edward III. and John King of France Fol. 263 c. Artois Robert de his Advice to Edward III. to claim the Crown of France Fol. 198 E Arundel Richard Earl restored by Edward III. to the Blood Lands and Goods of his Father Fol. 191 C He is made Admiral and his great Success at Sea Fol. 367 DE One of the Appellant Lords in Richard II.'s Reign Fol. 371 C Is appealed of High Treason Fol. 405 A His Trial and Judgment Fol. 407 Thomas Bishop of Ely made Chancellor Fol. 366 E Is Arch-Bishop of Canterbury and Impeached of high Treason Fol. 397 B Is adjudged a Traitor and to be Banished Fol. 398 C His Preachment upon the Deposition of King II. Fol. 433 A His Speech at the opening the first Parlement of Henry IV. Fol. 436 A Ayston John a Wyclivite in Oxford Fol. 459 F Proceedings against him Fol. 460 461 His Confession and Recantation Fol. 462 B. Baliol John and Brus Robert their Titles to the Crown of Scotland how to be Examined the main Question and their Pedigrees Fol. 25 A C E John his Title adjudged good by Edward I. King of England Fol. 28 D Possession granted him by King Edward's Writ Fol. 29 A He swears Fealty to King Edward Fol. Ib. C The Form of his Homage and by whom Witnessed Fol. Ib. E He appears at London on the Earl of Fife's Complaint Fol. 31 E His Plea granted by King Edward Fol. 32 A He excuses his Appearance in the English Parlement Fol. Ib. F His Demands of Satisfaction for Injuries Fol. 33 A He Confederates with the King of France Fol. Ib. C He returns his Homage and defies King Edward Fol. 34 D He is beaten and submits He renounces all Confederacies against King Edward Fol. 36 C E He is committed to the Tower at London Fol. 38 A He is again released and on what Conditions Fol. 66 A His Character of the Scots Fol. Ib. C Edward his Son claims and recovers the Crown of Scotland Fol. 194 E F He does Homage and Fealty to Edward III. King of England Fol. 195 A B His Grant to King Edward for his Assistance Fol. 196 A B His ill Vsage by his Subjects and Grant of the Crown of Scotland to King Edward Fol. 256 BC Ball John his Speech to the Rabble Fol. 349 E Bannock-Bourn Battel Fol. 120 B Barons See Nobility Bateman William Bishop of Norwich his Death Fol. 253 B Beauchamp Sir John made Governour of Calais Fol. 246 F Belnap Robert and other Judges Opinions concerning the Statute and Commission Fol. 378 C The Witnesses to their Opinions Fol. 379 F They are accused of High Treason Fol. 380 A His Excuse Fol. 386 C Sentence against him Fol. 387 A His Life spared upon Mediation of the Bishops Fol. 388 A He is Banished into Ireland Fol. 389 C He is again recalled Fol. 396 F Bereford Simon adjudged a Confederate of Mortimer's and executed Fol. 190 BC Berkley Tho. acquitted of the Murther of Edward II. Fol. 191 B Bertrand de Guesclin made Constable of France Fol. 290 C Berwick surprized by the Scots and retaken by the English Fol. 256 A 339 A Bigod Roger Earl of Norfolk and Marshal grants his Lands c. to the King and his Heirs Fol. 74 D He surrenders his Earldom and Marshalship with the occasion of it Fol. 75 AB Regranted to him by the King Fol. Ib. C Bintly Sir Walter his Victory over the French Fol. 251 C Blake John Impeached with his Answer and Sentence Fol. 387 BD Bohun Humphrey grants his Lands Honours and Offices to the King Fol. 76 D He is restored upon Marriage of the King's Daughter Fol. ib. E Bouler Robert made Lord Chancellor Fol. 211 B The Arch-Bishops Letter to him to preserve the Liberties of the Church Fol. ib. C Bowet Henry adjudged a Traitor for his Advice to King Richard in favour of the Duke of Hereford Fol. 418 D Brabason Roger his Answer to the Scots Petition to King Edward Fol. 30 C Brember Sir Nicholas accused of Treason by the Lords Appellants Fol. 373 374 He pleads Not Guilty but is Condemned and Executed Fol. 385 BE Bristol taken by Queen Isabel Fol. 158 C Brittans offer to yield their Towns and Castles to the English Fol. 339 D Their Duke's Alliance with King Richard Fol. ib. E He sends to England for Assistance and makes a Peace with the French King Fol. 342 AD Bruce alias Brus Robert his Title to the Crown of Scotland Fol. 26 B He is excluded by King Edward I. Fol. ib. E He is made King of Scotland and Crowned Fol. 84 B He is put to flight by the English Fol. 85 A 92 C He reduced the greatest part of Scotland to obey him Fol. 119 E F He is Excommunicated but doth not regard it Fol. 123 E His Confederate Thomas Earl of Lancaster Fol. 135 E He obtains a Truce with England for 13 Years Fol. 147 A David his Son denies Homage to Edward III. Fol. 196 E He submits and owns him his Superiour Fol. 198 C Burgh Sir William impeached of High Treason Fol. 386 A His Excuse in answer to it Fol. ib. E He is condemned Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C He is recalled Fol. 396 F Burley Simon and others impeached Fol. 388 He is found Guilty Condemned and Executed Fol. 389 A C. CAlais besieged by Edward III. King of England Fol. 237 E Is in great distress Fol. 241 E Is surrendred Fol. 242 D Cambridge Rioters their Practices against the Vniversity Fol. 354 A How punished Fol. Ib. E Edmund Earl the King's Vnkle created Duke of York Fol. 369 E Cardinals Pentionars to King Edward I. Fol. 76 A
Fol. 77 F 78 E The Names of Persons excepted Fol. 79 C D What Number to come to the English Parlement Fol. 80 C D The Settlement they made of the Kingdom Fol. 81 A The Articles of the Establishment Fol. 82 83 They break their Oaths and Crown Robert Bruce Fol. 84 B Are routed and many Tried for Perjury and Rebellion Fol. 85 B Their Submission and Homage to King Edward renewed Fol. 86 D They Ravage the English Borders Fol. 120 A 340 A Their great Victory over King Edward II. Fol. Ib. B The Kingdom Interdicted Fol. 123 E They agree to a Truce for Two years continued for 13 years Fol. 124 A 147 A They break the Truce Fol. 184 B A Peace concluded with them by Mortimer Fol. Ib. Their Country wasted and burnt by Edward III. Fol. 197 A They agree to a Peace with him Fol. Ib. B Their Alliance with the French Fol. 335 A Their Barbarity in the English Borders Fol. 341 C Their Commissioners sent to the English Parlement rejected Fol. 359 F They join the French to invade England Fol. 362 E And are beaten Fol. 391 C Scrope Richard Lord Chancellor charged the Commons with untruth Fol. 336 E His Answer to their several Petitions Fol. 337 B The Great Seal taken from him Fol. 355 E Tho. Earl of Wiltshire made Procurator for the Clergy Fol. 412 B Segrave John made Guardian of Scotland Fol. 76 F Sharewell Sir William set forth K. Edward III's Title to France Fol. 248 E F Soldiers how raised against the Scots and payd Fol. 121 F Southwell Nic. Valet to King Richard II. Fol. 381 A Spanish Fleet beaten by the English Fol. 248 A Spencer Hugh blamed for the Loss the English sustained from the Scots at Bannock-bourn Fol. 120 B Is made Chamberlain to Edward II. Fol. 126 E His Fathers Character Fol. Ib. F How they provoked the Nobility Fol. 127 B C The Lords Award against Father and Son Fol. 129 C Their Banishment revoked Fol. 134 D Outragious Practices against them Fol. 141 143 Errors of the Award against them assigned Fol. 142 A And why it ought to be revoked Fol. 144 B The Award voided in Parlement Fol. 145 C The Father made Governor of Bristol Fol. 147 C He is taken and Executed Fol. 148 C The Son Executed Fol. 149 B The Judgment against them both reversed Fol. 403 B Henry Bishop of Norwich his great Courage and Conduct Fol. 349 A His Offer for the Relief of Flanders Fol. 357 D His Proffer accepted by the King and Council Fol. 358 A He Published a Croysado against the Antipope Fol. Ib. B His great Success against the Flemings Fol. Ib. F He surrendred Graveling and returned into England Fol. 359 B His Accusation and Punishment Fol. 360 C Statute of Bigamy on what account made Fol. 5 B D Of Winchester proclaimed Fol. 68 F And Conditions where to be found Fol. 220 E Are revoked by the King Fol. 221 C Statutes and Commission what and when made Fol. 367 A Declared void in Parlement Fol. 397 B And Ordinances made by the King and others appointed out of Parlement Fol. 416 A Not to be repealed under pain of Treason Fol. Ib. The Bishops and Temporal Lords Swear to observe them Fol. 417 F Sterling Castle delivered to the Scots Fol. 67 D Besieged by and yielded to King Edward I. Fol. 78 A Steward James his Submission to King Edward I. Fol. 37 C Stratford John Arch-Bishop of Canterbury his Behaviour to Edward III. Fol. 210 215 He submitted and begged the King's Pardon Fol. 218 D Proceedings against him vacated Fol. 219 A Is forbidden to enter the Painted Chamber Fol. 222 F Is permitted upon Mediation of some Great Men Fol. 223 A Straw Jack his Pretences and Practices Fol. 345 348 His Tryal and Execution Fol. 349 C His Confession at his Execution Fol. 350 A Sudbury Simon Arch-Bishop of Canterbury beheaded by the Rebels Fol. 346 C T. Talbot Sir Tho. accused for Conspiring the Death of the Dukes of Lancaster and Gloucester Fol. 395 B Tarleton Adam Bishop See Adam Taxes granted in the Reign of Edward I. Fol. 96 97 Taxes granted in the Reign of Edward II. Fol. 180 Taxes granted in the Reign of Edward III. Fol. 321 c Taxes granted in the Reign of Richard II. Fol. 465 c. Templars by whom founded their Original and Suppression Fol. 165 c. Testa William the Pope's Agent convict of Crimes against the Crown Fol. 89 D His Officers questioned Fol. 90 B The King granted him Protection and License Ib. D. F Thyrning William his Speech to Richard II. in the Tower Fol. 434 E Tiler Wat. his Pretences and Practices Fol. 345 His Insolent Behaviour to the King Fol. 346 F His Death Fol. 347 A His Followers pretended the King's Authority for what they did Fol. 348 B Tresilian Robert Lord Chief Justice accused of Treason by the Lords Appellants Fol. 373 374 His and the other Judges Opinions concerning the Statute and Commission Fol. 378 c. The Witnesses to their Opinions Fol. 379 F Is brought into Parlement Sentenced and Executed Fol. 385 D Trussell William his Speech against Hugh D'espencer the Son Fol. 159 E He resigned up the Nobility's Homage to Edw. II. Fol. 162 D V. VAlentia Aymer sent against the Scots Fol. 84 F His Success against them Fol. 85 A Vere Robert Duke of Ireland raised Forces in Lancashire and Cheshire for Richard II. Fol. 369 D He is accused of Treason Fol. 372 D Usk Tho. impeached his Answer and Judgment Fol. 387 C D E W. Walworth Wm Lord Mayor of London slew Wat. Tiler Fol. 347 A He is Knighted by Richard II. for his Service Fol. 350 D Walys Wm chosen by the Scots for their Leader Fol. 53 A Is beaten and flee's into the Woods Fol. 64 C Is taken and Executed Fol. 83 F Was one that encouraged the Lords against Edw. II. Fol. 119 C Warren John appointed Governor of Scotland Fol. 38 A He suppressed the Scots Fol. 53 B Warwick Tho. Earl one of the Appellant Lords Fol. 371 C His Pardon revoked Fol. 397 C Is appealed of High Treason Fol. 405 A Is Tryed and pleaded Guilty Fol. 411 E His Life granted him by the King Fol. Ib. F Welch routed and their Prince slain Fol. 9 C Are totally subdued Fol. 11 B Writ for sending the same Knights Citizens and Burgesses who were sent last Parlement Fol. 69 F Wyclif John Convented before the Arch-Bishop and Bishop of London Fol. 307 F He Explains himself concerning the Sacrament of the Altar Fol. 320 A The Heresies laid to his Charge Fol. Ib. F Proceedings against his Followers in Rich. II's Reign Fol. 458 FINIS THE APPENDIX N. 1. Claus 1. Ed. 1. M. 11. de pace Regis Edwar. Proclâ—â—andâ EDwardus Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Vicecomiti Eborum Salutem Cum Defuncto jam celebris memoriae Domino Henrico Rege Patre nostro ad nos Regni gubernaculum
attendentes inclitum regnum Francie ad nos fore jure successorio legtimè devolutum ipsum regnum ut hereditatem nostram legitimam agnoverimus ut eidem nos immiscere voluerimus sicut decet de debito regimine dicti regni summè soliciti ac de probitate magnifica fidelitate solida industria circumspecta nobilis potentis viri Johannis Ducis Brabant Lotring consanguinei nostri carissimi intime confidentes ipsum in regno praedicto locum nostrum tenentem Capitaneum nostrum vicarium fecerimus praefecerimus generalem concedentes committentes eidem Duci merum imperium gladii potestatem ac jurisdictionem omnem altam bassam cognitionem decisionem omnium tam criminalium quam civilium questionum cum potestate Judices ministros prout expedire viderit deputandi necnon plenum exercitium omnium singulorum nobis nostro regimini incumbentium in hac parte quae nos facere possemus deberemus si presentes essemus ibidem Vobis omnibus singulis firmiter injungimus mandamus quod prefatum Ducem ad exequenda premissa libenter devota recipitatis sibi tanquam persone nostre sic pronis affectibus pareatis intendatis humiliter in premissis ut devotionis vestrae promptitudinem debeamus meritò commendare scituri pro certo quod ad humiles esse volumus cum favoris exuberantia gratiosi in rebelles prout exegerit vestra protervia saevientes In cujus c. Dat. ut supra Item consimilia mandata diriguntur eisdem sub nomine Gulielmi Marchionis Juliacen N. 86. Rot. Parl. 14. Ed. 3. parte p. 9. 10. Stat. at large 14. of Ed. 3. EDward by the grace of God King of England and Fraunce and Lord of Ireland to all those which these Letters shall hear or see greeting Know ye that whereas some People do think that by the reason that the Realm of Fraunce is devolute to us as right Heir of the same and forasmuch as we be King of Fraunce our Realm of England should be put in Subjection of the King and of the Realm of Fraunce in time to come we having regard to the Estate of our Realm of England and namely that it never was nor ought to be in Subjection nor in the Obeisance of the Kings of Fraunce which for the time have been nor of the Realm of Fraunce And willing to provide for the Suretie and Defence of the said Realm of England and of our liege People of the same Will and graunt and stablish for us and for our Heirs and Successors by assent of the Prelats Earls Barons and Commons of our Realme of England in this our present Parliament summoned at Westminster the Wednesday next after the Sunday in Middle-lent the XIV Year of our said Reign of our Realme of England and the first of Fraunce that by the cause or colour of that that we be King of Fraunce and that the said Realm to us pertaineth as afore is said or that we do us to be named King of Fraunce in our Stile or that we have changed our Seals or our Arms nor for Commandements which we have made or from henceforth shall make as King of Fraunce our said Realm of England nor the People of the same of what Estate or Condition they be shall not in any time to come be put in Subjection nor in Obeisance of us nor of our Heirs nor Successors as Kings of Fraunce as afore is said nor be Subject nor Obedient but shall be free and quite of all manner of Subjection and Obeisance aforesaid as they were wont to be in the time of our Progenitors Kings of England for ever In witness of which things c. Dated at Westminster c. the XIV Year of our Reign of England and the first of Fraunce N. 87. a. Avesbury Cap. 31. PHilip de Valois que longe tems avoms pursui devers vos per messages toutz altres voies que nos favoms-resonables a fin que voz noz vousistez avoir rendu nostre droit heritage de Fraunce le quele voz noz avetz longe tems detenu a graunt tort coupe Et pur ceo que nos veoms bien que voz estes en entente de perseverer en votre injuriouse detenue sauntz noz feare reson de nostre demaunde sumez noz entrez en la terre de Flaunders come Signeur Soveraign de cele passer permi le pais voz signifioms que pris ovesque nous laide nostre Seigneur Jhesu Christ nostre droit ouesque le poar du dit pais ouesque noz gentz et aliez regard le droit que noz avomps a leritage que voz noz detenez a vostre tort noz treioms vers vouz pur mettre briefe fin sour nostre droiturele chalenge si vouz vuilletz a proscher Et pur ceo que si graunt poar des gentz assemblez que viegnent de nostre part et que bien quidoms que voz amesnetz de vostre part ne se purroient mye longment tenir ensemble sauntz faire graunt destruccion al people al pais la quele chose chescun Chrestiens doit escheure et specialement Princes et aultres que se teignent governours de gentz si desirroms moult qui briefe point se preist et pur escheure mortalite de Chrestiens ensi come la querele est apparent a noz et voz que la discucion de nostre chalenge se feseit entre nos deux corps a la quele chose noz voz offroms pur les causes susditz comment que nos puissoms bien veer la graunt noblesse de vostre corps vostre sen auxint avisement et en cas que vous ne vorâ—oiez cele voie adonques soit mys nostre chalange pur affiner icelle battaile de voz mêmes od cent persones des plus suffisauntz de vostre part nos mesmes od aultres tauntz de noz gentz lieges Et si vous ne voilletz lune voie ne lautre que vous noz assignez certein jour devant la ville de Tourneye pur combatre poar encountre poar de deinz et jours proscheins apres la date du ceste lettre et nos offrez doz susditz voloms tut le mounde estre conutz quest nostre desir ne mye pur orguille ne surquidance meas que pur les causes susdites a fin que la volente nostre Seigneur Jhesu Christ monstre entre nous repos poet de pluis en pluis estre entre Chrestiens que le poar des enemys Dieux feussent resistez et Christiente enfraunchie et lavoie sour ceo que eslire voilletz des offrez des susditz noz voilletz signifier par le portour du cestes lettres et par les vostres a lui fesant hastive deliverance Done soutz nostre graunt seal a Chyn es Champs de leez Tourneye le xxvii jour du moys de Juyl
contre le Roy et sa Corone et pur tant il voet estre ove le Roy en tel cas layalment et sustenance de sa Corone et en toutz autres cas touchantz sa Corone come il est tenuz par sa Ligeance et pria au Roy que la dite Cedule soit entre de Record en Roll de parlement et le Roy lottroia N. 118. Rendred in English Rot. parl 16. Ric. 2. n. 20. WIlliam Archbishop of Canterbury brought a Schedule into a full Parliament containing his Answers demanded to certain Articles in the Form and Words following TO our most redoubted Lord the King in this present Parliament his humble Chappellan William Archbishop of Canturbury to the petition brought into Parliament by the Commons of the Kingdom in which are contained certain Articles that is to say first whereas our Lord the King and all his Lieges ought of Right and were wont in all times to proceed in the King's Court to recover their Presentations to Churches Prebendaries and other Benefices of holy Church to which they had right to present the Cognisance of which Plea only belonged to that Court by ancient Right of the Crown used and approved in the Times of all the King's Progenitors Kings of England and when Judgment was given in that Court upon such Plea the Archbishops Bishops and other Persons Spiritual who had Institution of such Benefices within their Jurisdiction were bound and had made Execution of such Judgments by Command of the Kings for all the times aforesaid without interruption for a lay Person could not make such Execution and also are bound to make Execution of many other Commands of the King of which Right the Crown of England had been in peaceable Possession as well in this King's Time as the Times â—f all his Progunitors until this time But of late diverse Processes have been made by the holy Father the Pope and Censures and Excommunications published against certain English Bishops for that they have made Execution of such Commands in open Disheritance of the Crown and Destruction of the King 's Regalie his Law and his whole Realme if Remedy be not had To this Article the Archbishop making Protestation that it was not his Intention to say or affirm that our Holy Father the Pope could not Excommunicate a Bishop according to the Law of holy Church answereth and saith that if any Execution or Processes Censures and Excommunications should be made by any Person against any Bishop of England or any other of the Kings Lieges because they made Execution of such Commands he holds this is against the King as it is holden or affirmed in the Petition and therefore he will stand with the King and with his Crown in the Case aforesaid to his Power And also whereas it is said and contained in the same Petition that Clamour hath been made that the holy Father the Pope had ordained and purposed to Translate some Bishops of the Kingdom some out of the Kingdom and some from one Church to another within without the Assent and Knowledge of the King and without the Assent of the Prelate which was to be Translated which Prelates were much profitable to the King and his whole Kingdom by which Translations if they be suffered the Statutes of the Kingdom would be defeated and straightened and the wise Lieges of his Council without their Assent and against their Wills withdrawn and removed out of his Kingdom and the Riches and Treasure thereof exported whereby the Kingdom will be destitute of Counsel and Wealth to the final Destruction of the Kingdom and also of the Crown of England which was so free in all times that it had no earthly Soveraign but immediately subject to God in all things touching the Regalie thereof and to no other Should it be submitted to the Pope and the Laws and Statutes of the Kingdom by him be Defeated and Annulled at his Pleasure it would be to the perpetual Destruction of the Kings Soveraignty his Crown and Regalie and of his whole Kingdom which God forbid The said Archbishop making Protestation that it is not his Intention to say or affirm that our holy Father cannot make Translations of Prelates according to the Law of holy Church answereth and saith That if any Executions of such Translations of any Prelates of the Kingdom were made who were very profitable and necessary to the King and his Realm or that the Sage Lieges of his Council without his Assent and against his Will should be withdrawn or removed out of the Kingdom whereby the Wealth and Treasure thereof might be destroyed The said Archbishop holds this would be against the King and his Crown and therefore he will be with the King Loyally in this Case and in Sustenance of his Crown as he is bound by his Ligeance and prayed the King this Cedule might be entered on Record in the Parliament Role which the King granted N. 119. Pat. 6. Ric. 2. Part. 1. m. 32. REX Cancellario Procuratoribus Universitatis Oxonii qui nunc sunt vel qui pro tempore fuerint Salutem Zelo fidei Christiane cujus sumus semper esse volumus Desensores moti salubriter inducti volentes summo desiderio impugnatores dicte fidei qui suas pravas perversas doctrinas infra regnum nostrum Angliae seminare dampnatas conclusiones eidem fidei notorie obviantes tenere predicare jam noviter pessime presumpserunt conantur in perversionem Populi nostri ut accepimus antequam ulterius in suis procedant erroribus maliciis vel alios inficiant reprimere condignâ castigatione cohercere Assignavimus vos ad inquisicionem generalem assistentibus vobis omnibus theologis Universitatis predicte regentibus faciendam ab omnibus singulis graduatis Theologis Jurisconsultis Universitatis ejusdem si quos de jurisdictione Universitatis illius agnovêrunt qui sint eis probabiliter suspecti de favore credentia vel defensione alicujus heresis vel erroris maxime quarundam conclusionum per venerabilem patrem Wilhelmum Archiepiscopum Cantuariensem de consilio sui Cleri publice dampnatarum vel etiam alicujus conclusionis alicui earundem consimilis in sententia vel in verbis si aliquos de cetero inveneritis qui quicquam predictorum heresium vel errorum vel quemcumque consimilem crediderint foverint seu defenderint vel qui Magistros Johannem Wyclyf Nicolaum Herford Philippum Reppingdon vel Johannem Aston vel aliquem alium de aliquo predictorum heresium vel errorum seu alio simili in verbis vel sententia probabili suspicione notatum in domos hospicia ausi fuerint receptare seu cum eorum aliquo communicare vel sibi defensionem aut favorem prebere presumpserint aliqualem ad hujusmodi fautores receptatores communicantes Defenfores infra septem dies postquam premissa vobis constituerit ab Universitate Villa Oxonii banniendos expellendos donec coram Archiepiscopo Cantuariensi pro tempore existente suam innocentiam manifestâ purgatione monstraverint Ita tamen ut se purgare cogantur ipsos tales esse nobis eidem Archiepiscopo de tempore in tempus infra mensem sub Sigillis vestris certificetis Mandantes insuper quod per Universas Aulas Universitatis predicte diligenter inquiri scrutari faciatis indilate si quis aliquem librum sive tractatum de editione vel compilatione predictorum Magistrorum Johannis Wyclyf vel Nicolai habuerint quod librum illum sive tractatum ubicunque contigerit inveniri arestari capi prefato Archiepiscopo infra mensem absque correctione corruptione seu mutatione quacunque quo ad ejus sententiam vel verba presentari faciatis Et ideo vobis in fide ligeantia quibus nobis tenemini sub forisfacturâ omnium singulorum libertatum privilegiorum Universitatis predicte omnium aliorum que nobis forisfacere poteritis injungimus mandamus quod circa premissa bene fideliter exequenda diligenter intendatis ea faciatis et exequamini in forma predictâ et quod prefato Archiepiscopo et ejus mandatis licitis et honestis vobis in hac parte dirigendis pareatis prout decet Damus autem Vicecomiti et Majori Oxoniensi pro tempore existentibus ac universis et singulis Vicecomitibus Majoribus Ballivis Ministris et aliis fidelibus et subditis nostris tenore presentium in mandatis quod vobis in executione premissorum auxilientur pareant et intendant In cujus c. Teste Rege apud Westmonasterium tercio-decimo die Julii Per Consilium FINIS