were forsworn throughout the Land. Then they shew'd how several of the Clergy were imprison'd by the Kings Officers without due Process and that therefore they may be deliver'd To which the King answer'd That he intended not any Clergyman should be attached against Law and that he would be ready to hear if any was in that Manner Imprison'd either against Magna Charta or the Statute of Northampton They complain'd further that several of the Kings Officers had entred divers Religious Houses and have by Oath extorted a Confession of things deposited in those Houses and them so found have carried away The King answer'd that he would not his Officers should do thus But that if Laymen to defraud Him do conceal their Goods in such places then the Privilege should not avail For so the King is wronged On Saturday following the King thus answer'd the Petition of the Lords which Petition was That Magna Charta might in all points be observed so as such Persons who are neither appealed nor indited nor presented at the Suit of any and yet have their Goods Lands or Possessions taken away may be restored thereto again R. The King granteth for Him and his Heirs for ever that if any Person commit any Act contrary to the form of Magna Charta or any other Good Law he shall be lyable to answer it in Parliament or else where he ought by Law. The same answer he gave the Commons whose further Petitions with their Respective Answers follow Com. That the Chancellor and other Officers of State there named in the Records may upon their Entrance into the said Offices be sworn to observe the Laws of the Land and Magna Charta K. The King willeth the same Com. That every Man for Debts due to the Kings Ancestors may have therefore Charters of Pardon of Course out of the Chancery K. The King granteth Com. That Certain by Commission may hear the Accounts of those who have received Woolls Monies or other Aid for the King and that the same may be enrolled in the Chancery K. It pleaseth the King so as the Treasurer and Lord Chief Baron may be joyned in the Commission Com. That the Ordinance made at Northampton That Men of evil Life and Conversation should be attached may be repealed Because on Pretence thereof many Honest Men have been arrested K. The King doth revoke it Com. That many Commissions whereby sundry Men have been fined outragiously by the Commissioners may be revoked and New ones granted to Others K. The King is pleased that the same shall be done in the Presence of Him of the Lords and certain of the Commons Com. That the Chancellor and all other Officers there named may be chosen in open Parliament they at the same time to be openly sworn to observe the Laws aforesaid K. The King yieldeth onely thus much that if any such Office by the Death or other Failure of the Incumbent become void the Choice to remain solely in the King he taking therein the Assent of his Council but that every such Officer shall be sworn at the next Parliament according to the Petition and that every Parliament following the King shall resume into his Hands all such Offices so as the said Officers shall be left liable to answer all Objections Hereupon at the request of the whole Three Estates made unto the King these Articles were Statutes as on the Back of the Roll doth appear Which Statutes with the Conditions were after read before the King his Officers being present as the Chancellor Treasurer Justices of both Benches Steward of the King's Chamber and Others all which Officers were sworn on the Cross of Canterbury to perform the same Only the Chancellor Treasurer and certain of the Justices refused the said Oath as being repugnant to their former Oath and the Laws of the Realm However for that time the Statutes and Conditions aforesaid together with the Commissions to enquire after Oppressions were exemplified under the Great Seal and deliver'd to the Lords and Commons Althô afterwards the King judging them to entrench upon his Prerogative Royal and consequently to be in themselves illegal did absolutely revoke and annull them declaring them void and of no force Because the King before Michaelmas then next ensuing was to transport 20000 Sacks of Wooll it was at this time provided that no Subject should before that time pass over any Wooll on peril of treble Loss viz. of Wooll Life and Member Also that during the War with France the King may charge Religious Aliens Robert Stratford Bishop of Chichester the Lord Robert Wake and Sr. Robert Sodington were appointed to proportion the Wooll according to the Assesment of the Fifteenth lately made by the direction of such as had perfect Knowledge of each County Which particular Rates being accordingly made were deliver'd and enter'd upon Roll in Chancery and thereupon Commissions issued out for Collecting the same And this is all I thought fit to observe of this Parliament they that would know more may have recourse to the Printed Books of Statutes which in this Year agree exactly with the Record except in one Point touching the Revocation of the Statute aforesaid to which some Officers would not agree thô in the n Statute Book 15 Ed. 3. p. 85. Print it is set here there is no mention in the Record Nor is it likely that it was Revoked till two Years after as the o Ed. 3.17 n. 23. Revocation of a Statute Record places it As to what Sr. Robert Cotton observes immediately before that there is no mention of the Revocation of the Statutes aforesaid in the Record of this Year but for that he refers Us to the Seventeenth of this King it is to be noted that indeed the Statutes aforesaid were not revoked during this Session for then they were made and that in a Parliamentary way they were not revoked till the time fixed by him viz. the 17 of Ed. 3. But that shortly after according to the Printed Book of Statutes the King of his meer Prerogative without any Parliament only by Advice of his Council did abrogate what formerly he had as he judg'd unadvisedly Enacted and this being done this Year was two Years after confirmed by Act of Parliament But for the Rarity of the Case I shall subjoyn the Form of the Kings Revocation which is this EDWARD by the Grace of God King of England and France and Lord of Ireland to N. N. Sheriff of Lincoln Greeting Whereas at Our Parliament Summoned at Westminster in the XV of Easter last past Certain Articles expresly contrary to the Laws and Customs of our Realm of England and to our Prerogatives and Rights Royal were pretended to be granted by Us by the manner of a Statute We considering how that by the Bond of our Oath We be bound to the Observance and Defence of such Laws Customs Rights and Prerogatives and Providently Willing to Revoke those things which be so improvidently done to
Grievance to the whole Kingdom Among other of their Licentious Practises the Lord Chief Justice e Knighton p. 2559. n. 60. Sr. Richard Willoughby going after Christmas towards Grantham was taken by one Richard Fulvile and by force carried into a Wood hard by where being siesed by certain of these Lawless Fellows he was compell'd to lay down immediately Ninety Marks as a Ransom for his Life and also to swear never to discover them Upon News of these and the like Insolencies the Young King resolving now to be Master of his Crown sends forth his Justices of Trailebaston two and two with Power to enquire after all Mayors Sheriffs Bayliffs Escheators and others who had abused or neglected their Offices by Extortion Bribery Fear or Favour and after all such as had failed in the due Execution of the Laws whereby these Licentious People began first to take such Boldness upon them The form of the Writ thô of moment I forbear to transcribe because 't is already Extant in f Holinshead Engl. Chron. p. 840. Holinsheads Chronicles and elsewhere But least the Law should fail of Power to maintain it self the Young King takes to him some choice Troops of Armed Men with many Light-Horsemen well mounted and marches forth in Person to discover these Enemies to Government Some Parties of these Audacious Villains were met with by him nor did they much decline the matter Success had made them so Impudent But Majesty and Vertue are more Valiant than Vice and Rebellion so that they are all soon Worsted by the Brave Young King and become an Example to others some of them being slain in Skirmish many Hang'd and Quarter'd a few Beheaded others imprison'd and put to great Fines and in short such Order taken with all that the whole Kingdom was kept in Peace and quiet at Home all his Reign after VI. On the Thirtieth g M.S. p. 14. Sr Rob. Cotton Statute Bock c. of September or the Morrow after St. Michael being a Monday the King held his High-court of Parliament at Westminster to consult about the Affairs of Guienne and other his Lands beyond the Seas as also concerning a Peace to be had with France and to conferr about the Matters of Ireland These were by John Stratford Bishop of Winchester and then Lord Chancellour of England offer'd as the reasons inducing the King to call that Parliament The Affairs of Guienne were not in so ill a posture the h Knighton p. 2563. Earl of Vlster being now there and Sr. John Darcy Justice of Ireland having been sent thither the Year foregoing i Dugd. 1 Vol. p. 371. especially because of the late Composure between England and France the French being also at this time about a Treaty with England Yet because then a Peace is most likely to be made on good Conditions when he that treats is in a posture of Defence it was thought fit to provide something for the Defence of those Parts however And therefore Sr. John k Dugd. 2 Vol. p. 151. a. St. Philibert a Baron of great prudence and valour was now by the King appointed to be Major of the City of Bourdeaux having an assignation of an 100 l. allow'd him for the Expences of his journey thither thô this Worthy Gentleman deceased about two Years after Sr. Oliver Ingham a mighty Baron and One of the Twelve appointed for a Guide and Counsellour to this King at his Coronation had now his l Dugd. 2 Vol. p. 104. Patent which had been granted him seven Years before for the Seneschalsie of Aquitain renewed and not long after he was sent over with pretty considerable Forces Of whose valourous Exploits this Book will not be silent At the same time the Lord m Dugd. 2 Vol. p 34. Ashmole p. 693. Bartholomew Burwash senior was constituted Seneschall of Ponthieu in Picardy which King Edward held in right of his Mother with whom that Earldom was given upon her Marriage with the King his Father As for Ireland it was resolved that the King in Person should go thither that to prepare his way a certain power of Armed Men should go before him under able Commanders and that those especially who held any Lands there should make speedy repair thither for Defence of that Kingdom as also that all learned Men in the Law who should be appointed as Justices or otherwise to serve in Ireland should by no means be excus'd on any pretence whatsoever And further 't was order'd that search should be made into his Majesties Records to see what Methods had been formerly taken for the civilizing and governing that Country As to the Affairs n M. S. p. 14. §. 3. Sr Rob. Cotton's Abridgement p. 9 §. 3. with France the King by his Chancellour demanded whether he had best treat with that Crown by way of Amity or Marriage The Commons humbly conceived that Marriage would be the best way whereupon certain were appointed to consult about this Treaty and a o Ashmole p. 675 Commission was given to Sr. John Darcy and Sr William Trussel to treat and agree with King Philip or his Deputies upon the Premises Now for the better understanding of this Matter it appears from the Records as we shall more fully shew hereafter that near this time King Philip being taken up with thoughts about the Holy War that he might be sure of King Edward of whose pretences to that Crown he was jealous had offer'd to enter into a strict Alliance with him by p Ashmole p. 675 Sandferd p. 184. a Marriage between a Daughter of his and the young Prince Edward of England And lest that might not suffice had importun'd him to be his Fellow in Arms and in Person to accompany him into Palestine or as q Odoric Rainald Add. tâ—ad Annal. Barerâ—i 1331. â— 29 c. Others say into Spain to fight against the Moors of Granada But because nothing was done in this Matter yet only it was refer'd to the foresaid Commissioners to advise about it we shall remitt the further prosecution hereof to the next Year to which it more properly belongs Yet this we must not pass over that now upon Occasion of the King 's being invited into France the former Resolution that he should personally go into Ireland took not effect this Year and as for the next other Business put it off and the Scotch Affairs the Year following wholly null'd it so that the King went not thither at all as it had been here resolved only an Armed Power was sent thither the Year after this In this Parliament St. Hugolin the Granchild of the Lord Hugh Spencer the Elder who with his Son Sr. Hugh had in the late Revolution been illegally executed by Queen Isabell having first by his great Valour r Holinshead Engl. Chron. p. 880. in holding his Castle against the said Queen compounded for his life and since that Obtaining his Majesties Gracious Pardon was now
Mind might be known had conceal'd him at the Lady Vesci his sister's House The Lord Richard Talbot was now also restored to the Lands which he claim'd in right of his Lady h Dugd. 1 Vol. p. 326. Elisabeth another of the Cosins and Coheirs of the said Lord John Cumin of Badenagh Earl of Buquan as David Strabolgi Earl of Athol in Right of his Mother i Dudg 1 Vol. p. 96. Joan the other Cofin and Coheir whose Name Others reckon to be Katherine had Livery of his Lands at the same time Besides these King Bailiol gave to the Lord k Dugd. 1 Vol. p. 274. Henry Percy of Alnwick Castle in Northumberland a Grant of the Inheritance of the Pele of Loughmaban as also of Anandale and Mossetdale with all the Knights Fees and Advowsons of Churches within those Valleys in as full and ample Manner as the Lord Thomas Randulph sometime Earl of Murray ever had them And moreover of divers Lands in that Realm which had belonged to other Men of the Brucean Party The like Grants were given to Ralph Lord Nevil of Raby John Lord Moubray and Sr. l Dugd. 1 Vol. p. 184. Edward Bohun Brother to John Earl of Hereford and Essex and Constable of England all Men of great Nobility and Valour These with some few more came to this Parliament held by King Bailiol as Peers of Scotland and as owing Homage for their respective lands held of him partly to settle their own Affairs and partly m Rot. Sâ—oc 7. Ed. 3. m. 2. as Commissioners from the King of England to see those Agreements ratified and confirmed that had been made between the two Kings And in this Parliament n Holinsh Eng. Chren p. 896. were revoked and made null and void all Acts Statutes and Ordinances which the late Kings of Scotland Robert or David had made and it was enacted That all such Lands and Possessions as either of the said Bruces had given granted or confirmed to any Person or Persons whatsoever should be now taken away and restored to the former and true Inheritor Thus was David seemingly unking'd and Bailiol to all appearance fixed in the Scottish Throne but we shall quickly see him at the bottom of the Wheel again and once more King David must be lifted up thô to his greater loss and trouble But now we must shut up this Active year with a few Memorandums of Mortality For Lewis Beaumont Bishop of Durham o Gedwins Cata. Bps p. 661. departing this life in September on the 19 of December following Dr. Richard Bury formerly the Kings Tutor was consecrated Bishop in his stead in the presence of the King and Queen of England and of King Bailiol of Scotland besides 2 Archbishops 5 Bishops 7 Earls and many other Noble Personages both Lords and Ladies So obligingly Gracious was this Mighty Monarch to the Man that taught him as indeed for his great Learning and Abilities he did well deserve Also on the 12 of October following p Gâ—dâ—ins Catal. Bps p. 132. Therne's Chron. p. 2066. Dr. Simon Mepham Archbishop of Canterbury deceased at his Mannor of Magfield and was succeeded in that See by Dr. John Stratford Bishop of Winchester a Man of great Learning Judgment and Loyalty And on the 13 of the same Month Sr. Hugh Poynz q Dugd. 2 Vol. p. 2. a noble and valiant Knight and Baron of this Realm went the way of all Flesh leaving behind him Nicholas his Son and Heir from whom many worthy Branches are descended CHAPTER the SEVENTH The CONTENTS I. A Parliament held at York II. Edward Bailiol King of Scotland renders Homage to King Edward of England whereby the Scots begin first to be distasted again John Duke of Bretagne likewise renders Homage to the King of England for his Earldom of Richmond III. A Council at Nottingham which produces a Parliament at Westminster Wherein King Edward shews his Resolution to go with the French King to the Holy Land Vpon which he sends Ambassadors to the Pope and King Philip but that Design is broke IV. King Bailiol causes a disgust among his Friends whereat his Enemies take Advantage till being reconcil'd again he grows stronger However his Enemies get to a Head again and for a while prosper V. King Edward startled at the News prepares for another Expedition to Scotland in Person He arrives with his Army at Newcastle The Lord Edward Bohun Brother to the Earl of Hereford and Essex unfortunately drowned I. KING Edward of England in his March toward Scotland AN. DOM. 1334. An. Regni VIII which as we have observed he began in the November foregoing a Fabian p. 200. Grafton p. 229. stay'd to keep his Christmas at the City of York Thence he went and laid Siege to the Castle of Kilbridge which he presently took by fine force and thereupon having confer'd with King Bailiol and pretty well settled Affairs in those parts he return'd again after Candlemas b Holinshead p. 896. B. Dom. Lit. Pasc 27 Martii to York in order to hold his Parliament which he had summon'd to meet him there the next day before St. Peter in Cathedrâ being the 21 of February and a Monday the second Week in Lent. Here it was c M.S. Rec. Par l. p. 20. 21. §. 1. c. Sr. Rob. Cotton p. 15 §. 1. c. Enacted that the Great Charter of the Forest and other Statutes should be observed and that what Clauses therein were obscure should be by good Advice more fully Explain'd It was also petition'd that in every County one Justice of the Peace Learned in the Law should be appointed as Chief over the Rest before whom all Offences should be sued to the Outlawry And that these were yearly to make an Account of their Doings before the King. To which the King replying he would be advised granted that they should yearly send up an Extract of their Proceedings into the Treasury and to Encourage them the more herein undertook to d Ibid. § 4 provide that each of them should have certain and limited Fees allow'd him To the Petition that no Pardon be granted to any Outlawed by any suggestive means but only by Parliament his Majesty answer'd that the Statutes made should be observed and whereas it was Requested That Sheriffs might continue but one Year according to the Statute of Lincoln and Woodstock he told them that the Statutes made should stand and that the Chancellour and others who were appointed to make Choice of Sheriffs should name Able Men who were to continue One Year or longer according to their Demeanour It was now Enacted that the Justices of the Kings Bench and the Common Bench Justices of Assise and of the Peace in every County should Determine of false Jurors and Maintainers Moreover the King by his Letters Patents charged all Archbishops and Bishops to cause Excommunication weekly in every Parish to be Denounced against all such Offenders
like unto Cherries but without any Stones let who can tell the Meaning of the Prodigy says Walsingham CHAPTER the TENTH The CONTENTS I. King Edward sends a fresh Embassy to the Earl of Heinalt with an account of 500 Gentlemen Voluntiers whose Captains were the Lord Walter Manny and the Lord James Audley with the success of the Ambassadors II. King Edward endeavors also to bring over the Flemings the Earl of Flanders puts to death the Lord Sigar of Courtray whereby he looses the Affections of his People who vanquish him in battle and put him to flight III. The Rise of Jacob van Arteveld in Gaunt his Popularity Power and Interest IV. The English Ambassadors make use of him to bring over the Flemings to the King their Master with their Success V. The King in Parliament creates his Son the Prince Duke of Cornwall and makes seven Earls the Prince at the same time dubbs twenty new Knights with other things relating to that Parliament and the Affairs of Ireland All the Lands of the Priors Aliens throughout England seised into the Kings Hands and by him let to farm VI. William the Good Earl of Heinalt dies an instance of his Justice and an account of a Divine Judgment upon an unnatural Sister William Son to the Good Earl succeeds the Countess Dowager goes into a Nunnery VII King Edward sends to demand the Crown of France and makes many Potent Friends in High-Germany and elsewhere King Philip seeks to draw off the Flemings to himself but in vain VIII King Philip sets a Garrison in Catsand to intercept the English Commissioners King Edward beats them out IX King Edward holds a Treaty of Peace with Philip and with his Allies for further enabling him in the War. X. The Pope intercedes The King calls a Parliament I. KING Edward the mean while not to slack his Business a 16 Decemb. Pat. 10. Ed. 3. p. 2. m. 6. Ashmole p. 646. sends a Commission to the Earl of Heinalt wherein he is stiled William Earl of Heinalt Holland and Zealand and Lord of Friseland our Father-in-Law and thereby constitutes him his Proctor to treat and agree with such Noblemen Persons of Note as he should think best touching both Alliances and Retainers He also sent Commissions with the like Power and under the same Date to William Marquis of Juliers the Kings Brother-in-Law he b Rittershusius in Tab. Com. Hollandiae Selandiae c. having married Joan Sister to Queen Philippa to Sr. John Montgomery Knight and to Doctor John Waweyn Canon of Darlington his Liegers in those Parts In April following a like Commission bearing Date the 19 of the said Month AN. DOM. 1337. An. Regni XI was issued to Henry Bishop of Lincoln William Lord Montagu and William Lord Clinton then newly made Earls and they immediately dispatch'd to the Earl of Heinalt on another Embassy far more honourable than before For it consisted of ten Great Batons and fourty other Knights c Frois c. 28. fol. 17. b. who were all fully instructed to treat further with the Earl and to article and conclude with such Lords of the Empire as by the said Earl had been nominated When they were come to Valenciennes each of them kept a great State and Port sparing for no Expence no more than if the King of England had been there in Person whereby they were highly extolled and respected by the People of those Parts In the Company of these English Knights there was a gallant Troop of young English Batchelors who had all their left Eyes hoodwink'd and clos'd up with a piece of Silk It was talk'd as if they had made a Vow to their Mistresses in England That they would never take off those Patches till they had passed into France and there performed some notable Exploit of Arms upon that Nation Some say d Lord Montaigne in his Essays l. 2. c. 25. that for all this they could never hear of any great Matter performed by any of them If not certainly 't is for want of Reading or Understanding For of this Resolute Company were no less than 500 Captains whereof were reported the young Lord Walter Manny that afterwards did Wonders in France and was the first that begun the War as we shall shew presently the young Lord Thomas Holland and also the noble Lord James Audely e Dugd. 1 Vol. p. 748. b. then not three and twenty Years of Age of whose valiant Acts and Heroick Exploits in the French Wars the Histories of both Nations make very honourable Mention In his Minority being under the Guardianship of Roger Lord Mortimer first Earl of March he was by him cheated into a Recognisance of ten thousand Marks which Debt as a Chattel became due to the King upon the Attaindure of the said Mortimer But his Majesty being soon convinced of his high Merit for thô so young he accompanied the King in all his Wars at his own Expences freely discharged him of that Summ. He bore for his Arms Gules a Fret Or and was afterwards one of that most honourable Company whom King Edward chose for his First Companions of the most Noble Order of the Garter and particularly in the Field of Poictiers he behav'd himself so eminently well that he obtain'd this Testimony of John then King of France to have best approved himself of any Knight whether French or English in Battle that day But I must not forestall the Reader by too long a Digression only this I thought necessary in order to refute the Lord Montaigne and to shew what kind of Gentlemen these were and that at least some of their Actions were not inferior to their Promises However this f Frois c. 28. f. 17. b. Vow of theirs was rumor'd as the occasion of those honourable Patches while they were at the Court of Earl William at Valenciennes thô they themselves would by no means acknowledge any such thing because the War was not yet declared These English Lords with their Company having thus for a while kept together in great splendor did notwithstanding all the while ply their Masters Business so well that by the g Ashmole p. 647. ex Rot. Aleman 11 Ed. 3. m. 9 10 11. 24 of May ensuing they had fully engaged divers of the Nobility and Others in Heinalt Gueldre and the Marquisate of Juliers to appear in the Kings Assistance against the French and withall settled the Proportion of Men and Arms wherewith each of them were to furnish the King in that Service together with the Stipends and Wages to be paid them in lieu thereof The mean time the h Frois ibid. Bishop of Lincoln taking some of the Chiefs with him rode to John Duke of Brabant who entertained them with much Honour and lighty accorded to their Motion Promising to sustain the King of Englands Quarrel to the best of his Power as well by Council as by Force of Arms That his Country should be open to his
whether the Tenants of such as hold by Barony and are summoned to Parliament shall contribute to the payment of Knights Fees coming to the Parliament As heretofore so the same shall be That present Pay be made of all Purveyances being under twenty Shillings and of greater within one Quarter of a Year and that Purveyance be made without Malice It is good to make Payment accordingly to the first Point and to redress the second That all Sheriffs be charged to make present Payment for all Purveyances for Calais The Demand is reasonable That any one attainted upon a Writ of Oyer and Terminer may bring his Attaint a Ita M.S. Sr. Rob. Cotton â—n petiùs haâ—ing hanging his Suit against the other The Lords will not alter the Order of the Law. That the Lords Marchers of Wales do suffer no Distresses to be made on any English Man coming into Wales for any other Mans Debts if he be no Debter Trespasser or Surety As heretofore so the Law shall be That no Inquest upon Conspiracy Confederacy Maintenance or such like be returned but by the Sheriff of the most lawfull Men and nighest in that part of the Country where such Acts are laid that all Evidences therein be given openly at the Bar and that no Man speak with the Jury after they depart therefrom This last Petition was Enacted That the King b Now for the better Understanding of this Petition it is to be noted that about four Years before this c Hâ—lâ—â—â—head Engl. Chron. p. 948. vid. Gedwins Catal. Bish p. 234. William Edindon Bishop of Winchester and Lord Treasurer of England had caused Groats and Half-Groats to be Coined to the People's great Disadvantage for they wanted something of the just Sterling Weight Which occasion'd the Price of all things to be very much enhanced whereupon at the Commons Complaint now in Parliament the King promised to redress the Grievance the first Opportunity Yet however many times after those Days the like Practice hath been used insomuch that now 5 s. scarcely contain so much silver as 5 Groats had 300 or 400 Years ago So that 't is no wonder if things be sold at treble the Price which they held at that time For hereby also it comes to pass that the Prince and Nobility cannot possibly maintain their Estates with their Ancient Rents and Revenues because thô they bring them in the old Tale and Number yet they fall far short in the due Weight and Quantity of Metal will appoint a Time when the Coin shall be made Finer With Opportunity the King meaneth the same That the King have the Forfeitures of his Widows Dowagers but not of such as hold joyntly with their Husbands The old Law shall stand That the Writ of Appeal brought d Ita Sr. Rob. Cotton having in M.S. hanging another may abate the other The Common Law therein used shall continue That Weights and Measures may henceforth be made in the Town of London so as all Counties do conform themselves according thereto There is a STANDARD in the Treasury where every Man readily may have the same That the Writs of the Chancery may be at reasonable Prices and that the Clerks of the Crown and others for Commission and such like do content themselves with the Kings Allowance As heretofore the same shall be That Fines for Writs may be reasonably made in every of the Kings Courts The Chancellour shall do as heretofore The Commons beyond the Trent require that the Justices of the one Bench or of the other may yearly come twice amongst them for taking Cognisance of Fines and Letters of Attourney of the Unable The King will be advised That Labourers may take Corn for their Wages The Statute made shall be observed That the Staple may always continue in England The same shall so continue till the next Parliament and not be alter'd without the Assent of the Parliament The Merchants Strangers require that the Ordinances of the Staple may be executed speedily The King willeth the same It is Enacted that that Statute made that all Merchants coming into this Realm with their Merchandises might sell the same to any Person whatsoever and of the same to make Exchange or to buy Wares paying the Customs therefore is confirmed to continue That the Customers do dispatch all such Merchants coming in with their Wares and that those Merchants for the Prices of their Wares may be credited upon their Letters and Oaths It is Enacted that some One of the Kings Council may be appointed to be Governour to such Merchants Strangers The Chancellor or Treasurer shall supply the same when he may attend if not some Learned Justices shall be appointed therefore The Printed Statutes of this Year e Statute-Bâ—ck p. 108. ad an 28. Ed. 3. concerning shewing of Woolls Ch. XIV And concerning that none be Outlawed or put to Death without due Process of Law Ch. III. And that touching Errours and Misprisions in the City of London Ch. X. And that touching the Confirmation of all Statutes not repealed Ch. I. And that how the Escheators shall answer the Profits of the Lands of the Kings Tenants Ch. IV. And that which prohibits Exporting of Iron Ch. V. And that for the Election of Coroners Ch. VI. And that which concerns the Continuance of Sheriffs C. VII And that touching Attaint given without respect to quantity of Dammages Ch. VIII And that which contains sundry Ordinances of the Staple Ch. XIII And that concerning the Bounds of the Staple Ch. XV. And that touching Sheriffs who use to take Inquests for the inditing of any Ch. IX All f M.S. Rot. Par. an 28. Ed. 3 n. 20 22 26 28 31 32 39 41 43 46 47 c. Sr. Rob. Cottons Abridgm p. 86 87 88. these Printed Statutes agree exactly with the Record After all these things the Lord Bartholomew Burwash senior being then Lord Chamberlain and g Dugd. 2 Vol. p. 35. a. one of those who had been at the Treaty of Calais the last Year declared to the whole House that there was a Treaty of Peace between the King and the French and a good hope of a final Accord whereto in the Kings Name he demanded of the Commons whether they would agree To which Demand they answer'd how therein they wholly submitted themselves to the Order of the King and his Nobles Whereupon Dr. Michael Northborough Keeper of the Kings Privy Seal and about h Godw. Catal. Bish p. 197. ubi Northbrook male pro North-burgh ut Pat. 29 Ed. 3. this time Elect Bishop of London commanded Dr. John Swinley the Notary to prepare a Publique Instrument thereof VIII And having thus dispatch'd the Transactions of this Parliament it is high time to see what was effected as to the Treaty then in hand between the two Crowns of England and France According to an Article of the last Years Truce Ambassadors were to appear from both the Kings at Avignon in January then next
his stead for the Remainder of the Year The Commons request that the King would appoint two Earls and two Barons to receive as well their Subsidy as the Subsidy of the Clergy and the Subsidy of Woolls granted in the last Parliament so as the same may be imploy'd upon the Wars and that the High Treasurer do in no wise intermeddle therewith But when afterwards it was made appear to how great a Sum the Wages of these Four Treasurers would amount then the Commons changed their Mind and required that the High-Treasurer might be the sole Menager thereof for the use of the Wars Afterwards viz. on the 22d of February certain Bishops and secular Lords and also the Chancellour Treasurer and Keeper of the Privy Seal by the Kings appointment went all to Sheen in Surrey where the King then lay sick and there in presence of them all the Articles of the Kings General Pardon were read with the Answers made to the Petitions of the Commons to which the King agreed willing that they should be read in the House the next day on which day he order'd them to be dissolved And so it was done the next day being the Twenty-third of February by Authority of the King and Prince Richard the President Petitions of the Commons with their Answers That all Persons and Corporations may have the Pardon freely without paying any thing for the Great Seal Such as for Felony are to sue shall do the same before the Nativity of St. John and pay the Fees only The Prelates Dukes Earls Barons Commons Citizens Burgesses and Merchants of England in this Parliament Å¿ Vid Mr. William Prinne in his Edition of S. Rob. Cotton's Abridgm p. 152 Petition the King not only for a Pardon in General and of Fines and Amerciaments before the Justices of the Peace not yet levied in special but they also subjoyn thereto this memorable Request That in time to come Your said Prelates Earls Barons Commons Citizens and Burgesses of your Realm of England may not be henceforth Charged Molested nor Grieved to make any Common Aid or sustain any Charge unless it be by the common Assent of the Prelates Dukes Earls and Barons and other People of the Commons of your Realm of England and that in full Parliament And that no Imposition be put upon their Woolls Wooll-Fells and Leather above the Ancient Custom that is to say of One Sack of Wooll Half a Mark and of One Last of Skins One Mark of Custom only according to the Statute made the Fourteenth Year of your Majesties Happy Reign saving unto Your Majesty the Subsidy granted unto You the last Parliament for a certain time and not yet levied To all which the King then gave Answer As to that That no Charge be laid upon the People but by common Assent The King is not at all Willing to do it without great Necessity and for the Defence of the Realm and where he may do it with Reason And as to that That Imposition be not laid upon their Woolls c. without the Assent of the Prelates Dukes Earls Barons and other People of the Commons of his Realm There is says He a Statute already made which the King wills to stand in its full force That such as owe unto the King may upon their Account be allowed of all such Laones as are due to them or to any of their Ancestors The Treasurer and Barons shall make allowance of due Debt That title of Prescription of any Liberties may as well be allowed as if it were by Grant and that Prescription may be from the Coronation of the King. The King by Advice will do herein as he shall think best That the Justices of the Peace do not enquire into any Articles which are to be redressed in any Lords Leet but only concerning the Peace and Labourers and that they hold their Sessions Four times a Year The Statutes heretofore made cannot stand if this be granted That the Patent of Reynold Chambers for being Water-Bayliff of the Thames may be revoked because on that pretence he suffereth Kiddles Trinks and other unlawfull Nets to be laid and cast in the said River of Thames The Chancellour calling unto him the Citizens of London the Constable of the Tower and Reynold Newport shall take Order therein The Citizens of London pray that the King will confirm unto them their Liberties for punishing all Misdemeanors in Southwark and that Commandment be given that the Marshal do not intermeddle within the part of Southwark which is called Gildable The King cannot do it without doing wrong to others The Citizens of London require Confirmation of the Kings Letters Patents made to them that no Stranger should sell any Merchandise or Ware to any other Stranger to the end that the same should be sold again Then follow the very Words of the Patent The King will be thereof informed The same Citizens pray that they may place and displace Coroners among themselves answering unto the King what belongeth thereto The King will not depart from his Ancient Right That no Alien do remain within the Realm during the Wars unless he be a Merchant or Artificer and that no Englishman become any Farmer to any Alien without Licence In which Act they protest that of Temporal things they owe Obeisance to none but to the King. The King by Advice will take Order therein That all Provisors of things from Rome and their Ministers may be out of the Kings Protection The Pope hath promised Redress the which if he do not the Laws therein shall stand That new Perambulations of the Forest be made according to the old Bounds out of which if any Forester do attache a Man that the attached may have his Writ of false Imprisonment Many Counties are not grieved wherefore let such as be shew their Complaint and they shall be heard That it may be declared what Pleas the Marshal shall hold and that Prescription may be as well allowed before the Marshal as before others the Kings Justices They shall hold such as have been in the times of the Kings Progenitors That no Man be impeached for hunting within the Purlieu or without the bound of the Forest and that there be levied no t Vid. Semneri Glessar in Assartari c. Assartments The Charter of the Forest shall be kept and as to the Assart the Demand is unreasonable That as well the Priest that taketh unreasonable Wages as the Giver thereof may either forfeit double to the King and that the same may be tryed before the Kings Justices The Statute therefore made shall be executed That the next Heirs of the Kings Wards may have the Wards Lands in Farm. There is a Statute therefore made That none of the Kings Officers be maintainers of any Quarrels within their Countries on pain to lose their Offices and to answer doubly to the Party grieved The King hath forbidden his Officers so to do and if any be grieved he
her Lands in that Kingdom had also been seized on From which Sr Roger Mortimer Lord of Wigmore who having been clap'd into the Tower for Treason had made his escape into France as he was a most Politick and Vindicative Person took occasion to insinuate himself into the Queens Favour and by pretending to take her part against the Spencers the great Favourites of her Husband whom she extreamly hated involved her before she was aware into a Rebellion from which she could never extricate her self till she had ruin'd the King her Husband It is no way pleasant to me to relate the whole progress of that execrable Treason nor how the King of France being warned by King Edward durst not entertain any longer within his Dominions the Queen his Sister with this her Son Edward so that she was forced to flee to strangers for succour who being won by her charming tears adventur'd thô but a Few into this Kingdom where quickly encreasing their Numbers by a rash defection of the Giddy multitude they proceeded to the utmost Violations of Faith and Honour In short the old King at last was violently and illegally Depos'd and imprison'd thô with promise of security to himself AN. DOM. 1325. and the allowance of an Honourable Pension during life And our young Edward his eldest Son thô he could never be x Walsing hâ—st p 105. Hâ—â—â—nshead p 881. perswaded even to a Crown till he was made to believe his Father had desired it being at last won by the sight of his Father's seeming-voluntary Resignation which yet was extorted by fraudulent Promises and severe menaces took upon him the Crown and Government of this Kingdom III. Before this while the Realm was yet unsetled and the old King lay as then conceal'd in Wales y Sandford p. 158. He was by an Usurped Authority in an Assembly z Speed p. 564. Ashmole p. 644. of Lords met at Hereford the Queen and Sr Roger Mortimer being present made Custos or Lord Warden of the Kingdom by a common Decree bearing date the 20 of October whereupon all the Lords made him Homage and took an Oath of Allegiance to be Loyal to him as Lord Warden of England And on the twenty sixth of November following the Great Seal sent from the King his Father was deliver'd unto him at Martley Whereupon a a Walsingh hist p. 106. Sr The. de la Mere p. 8. l. 41. Parliament was summon'd to meet at Westminster about the Feast of Epiphany being called indeed in the old King's Name but the Briefs of Citation were signed by the Prince as Lord Warden of England In this Parliament thus called by his own Authority was the old King illegally depos'd when they had extorted his own consent to it by fair and foul means making so the young Prince believe that his Father had freely and willingly resign'd the Government of which matter we shall speak more largely when we come to relate the Murther of the said King Edward the Second But because many of our Historians lay some imputation upon the Name of King Edward the Third as if he was not wholly innocent of these Proceedings against his Father we are to consider the tenderness of his Age he being not then fourteen years old whereby he might very easily be impos'd upon by the treacherous subtlety of Mortimer and his Complices who were always about him also we should cast our eyes upon the severity he shew'd this same Mortimer when he understood the whole Treason nor is it a small sign of his innocence as to this point that he himself lived long and Reigned happily being blest with many Dutifull Children and that no other circumstance of his whole life can furnish us with any thing from whence we may suspect that he could be capable of so black and unnatural a Treason However b Ashmole p. 644 now the old King having resign'd the Crown great Preparations were made for this young Prince's Coronation he being on the 25 of January or the Conversion of St Paul and a c Lit. Dom. D. Sunday proclaimed King of England by Order and Consent of Parliament and Proclamations d Dugd. Warw. p. 165. a. were issued out in his Name declaring to the People that his Father the late King had made a Voluntary and free Resignation of his Regal Dignity to him as being his Eldest Son. And a week after by the direction of those who were Contrivers of this Revolution he was advis'd to Publish his Peace to the whole Kingdom which was done in these words Edward e Walsingh hist p. 105. Speed p. 565. Claus 1. Ed. 3. p. 1. m. 28. by the grace of God King of England Lord of Ireland and Duke of Aquitain to N. Sheriff of S. Greeting Whereas the Lord Edward our Father late King of England by Common Council and Assent of the Prelates Earls Barons and other Lords as well as that of the whole Commonalty of the Realm did voluntarily resign the Government thereof willing and granting that We as his Eldest Son and Heir should take upon Us the Rule and Government of the Kingdom And We by the consent and advice of the Prelates Earls and Barons aforesaid yeelding herein to our Fathers good Pleasure have taken upon Us the Government of the said Realm and received as the manner is the Fealties and Homages of the said Prelates and Barons Desiring therefore that our Peace should be inviolably kept to the quiet and benefit of our Liege People We will and command that presently upon sight of these Presents you cause our Peace to be Proclaim'd thrô all your Bailywick charging all and every one in our Name under pain and peril of Disherison and loss of life and limb not to presume to infringe or violate our said Peace but every one to prosecute his Actions and Causes without any outrage whatsoever according to the laws and customs of our Kingdom For We are ready and ever shall be to exhibit and afford to all and singular Plaintiffs as well poor as rich full Justice in our Courts according to due Course of Law. Witness Our Self at Westminster l mo Februarii Annóque Regni nostri Primo On the f Sandford p. 158. H. Knighten p. 2550. Pat. 1. Ed. 3. p. 2. n. 13. same day being Sunday and the Vigil of the Purification was the young King by the hands of his Cozen Henry Earl of Lancaster first girded with the Sword of Knighthood at which time the King himself Knighted many others among whom were three g Sandford p. 109. Catal. Hono p. 575. Dagd 1. Vol. p. 145. 147. Sons of the Lord Mortimer That day he was Crowned at Westminster by the hands of h Ashmole calls him William by mistake vid. Godw. Catal. Bps. c. Walter Reginald Archbishop of Canterbury and thereupon as an Earnest of the many Advantages his People were to reap from his prosperous Reign a General Pardon
Lord Mauley Thomas Beauchamp Earl of Warwick John Earl of Warren and Surrey the Lord Walter Manny Ralph Lord Nevil of Raby Henry Lord Percy John Lord Gray of Codonor the Lords Alexander Hilton Ralph Camois Thomas Furnival Gilbert Aton Adam Wells John Moels alias Mules beside the Lords John Willoughby and John Fauconberg both who fought Valiantly under the Banner of the Lord Ebulo le Strange There were also these Lords John Moubray Bartholomew Burwash senior Robert Lord Clifford William Lord Clinton Hugh Lord Audley junior afterwards Earl of Gloucester Ralph Lord Basset of Drayton Sr. John Roos and Thomas Brethren to William Lord Roos Sr. Hugh Courtney son and Heir apparent of the Lord Hugh Courtney the Elder and Sr. Robert Pierpoint g Dugd. 2 Vol. p. 458. whose services that day were so Considerable that they obtain'd him an High Place in the Kings Favour And from him the present Thrice-Noble Earl of Kingston is Descended It is h Walsing hist p. 114. n. 40. Knighton p. 2559. n. 10 20. generally agreed that the Scotch Army did by far exceed the English in number and the Courage of that Nation was never justly called in question yet thus by their own want of Experience or disadvantage of Ground or Divine Judgment they were slain taken and routed by a far less number of English who yet in the whole Action lost but one Knight one Esquire and twelve or thirteen Footmen fifteen being the most that are said to fall on our side So great and signal a Victory could not but enforce the yielding up of the Town and Castle which were before so much distressed and could now expect no other timely Succour Accordingly i Id. ibid. n. 29. that very day or rather as k Walsingh p. 114. Fabian p. 199. Holinsh p. 896. M.S. ibid. c. some say the next both were deliver'd up to King Edward who gave the Townsmen l Knighton p. 2â—64 n. 60. a Truce for 40 days in which space of time they might sell or otherwise dispose of their Goods such as had a mind to depart but as for those who were willing to become his Liege Men he gave them free leave to remain in their dwellings still and enjoy their own they giving unto him their Oath of Fealty Of these were Earl Patrick of Dunbar late Captain of the Castle and Sr. Alexander m Hector l. 15. p. 316. l. 32. Bachan p. 289. Seton himself Captain of the Town who certainly would never have sworn Loyalty to him had he so cruelly executed his Sons as the same Scotch Writers too rashly report Sr. n Knighton p. 2564. Alexander Ramsey also and Sr. Robert Miners with Other the Chief of the Town to save their Houses and Lands there took the Oath of Allegiance King Edward entred into Barwick with great Solemnity where having tarried twelve days he appointed King o Frois c. 26. Grafton p. 228. Bailiol to rule all the rest of Scotland and left with him the Lord Richard Talbot and many other valiant Leaders with a sufficient Army to keep that Realm that is all beyond the Scottish Sea but he himself claim'd Barwick both by Inheritance from his Ancestors and his own Conquest And there therefore in his own Name he immediately places the Lord Henry Percy as Governor of his Castle of Barwick with his Lieutenant Sr. Thomas Grey and the Lord Patrick Earl of Dunbar was joyn'd in Commission with them as Wardens jointly of all on this side the Scotch Sea which he had received to his Peace Only Earl p Hector l. 15. fol. 316. lin 37. Patrick had this Penance imposed on him by King Edward That since upon the first Arrival of the English he had thrô despair to keep it caused his Castle of Dunbar to be dismantled and rased to the ground he should now at his own charge rebuild it and admit an English Garrison therein The Lord John q Thoroton Nottingh Antiq. p. 164. Darcy having obtain'd much honour in this War return'd now with all his Forces to his Province of Ireland where all along he exercis'd much wisdom and integrity in that his Government and upon his return presently deliver'd Walter Bermingham Primate of Armagh out of the Castle of Dublin of which matters to enlarge would be foreign to our purpose VIII But the Pious King Edward of England in r Ashmâ—le Garter p. 645. Memory of this great Victory which happen'd as we have shew'd on the Eve of St. Margaret the Virgin that Festival being in the Roman Calendar on the Å¿ Malè ergo Ashmole 13. ibid. 20 of July repaired the Church and Convent of the Nuns near the place where the Battle was sought it having upon that Occasion been burnt and destroy'd and caused an Altar to be therein erected and dedicated to that Virgin-Martyr He further granted to those Nuns and their Successors for ever 20 l. per annum out of the Issues of the Town and County of Barwick untill Lands to that value might be settled upon them to the end That annually on the Eve and Day of St. Margaret for ever they should commemorate the Goodness of God for his so prosperous Success in that Battle As for the Bailiol about the Feast of St. t Knighton p. 2565. n. 1. c. Laurence which is the tenth of August even before the King of England had left those parts he put himself in the Head of an Army of about 26000 men all English or such Scots as had yielded to serve him and to prosecute this Victory marched forth into the very Heart of Scotland taking Towns and Castles at his pleasure for none resisted him And there he took up his Winter Quarters all the Country being subjected unto him as we shall shew more fully anon About this time it was as the best Authors agree that King u Fabian p. 199. Frois 33. David Bruce being thus in a manner deprived of his Kingdom was both advised by his Friends and forced by Necessity to forsake his Native Country for a while and fly to the protection of his old Confederate of France All this was happily effected by the Loyal assistance of Malcome Flemein of Cumirnald the Captain of the impregnable Castle of Dunbriton under whose Conduct departing secretly with his Queen and a small Company he set sail for France and arrived safely at Bouloigne whence riding to Paris he was heartily welcom'd of King Philip who received him with extraordinary Courtesie offering him freely to command any of his Houses or Castles to reside in and to take up whatsoever he should want either for Use or Pleasure provided he would engage never to make any final Agreement with King Edward of England without his Consent first had and obtained thô at the same time the Lord x Dugd. Bar. 2 Vol. p. 34. Bartholomew Burwash the Elder and other Commissioners late sent from England were
and other Profits rising of the said Realm of England shall be set and dispended upon the Maintenance of the Safeguard of our said Realm of England and of our Wars of Scotland France and Gascoign and in no place elswhere during the said Wars Besides which extraordinary Grant of the Lords and Commons the Clergy also at the Motion of the Archbishop freely gave unto the King a Tenth Here also because the King in his Style was called King of France and had alter'd his Arms whereby his Subjects might think themselves in danger of becoming a Province to France that being the greater Kingdom the Kings Letters Patents of Indemnity were granted beginning d Vid. Statute Book 1 Vol. p. 82 Edvardus c. Edward by the Grace of God King of England and France and Lord of Ireland to all those who these Letters shall hear or see Greeting Know ye that whereas some People do think that by reason that the Realm of France is devolved unto Us as Right Heir of the same and forasmuch as We be King of France our Realm of England should be in Subjection to the King and Realm of France 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 France which for the time have been nor of the Realm of France And willing to provide for the Safety and Defence of the said Realm of England and of our Liege People of the same do will and grant and establish for Us and for our Heirs and Successors by Assent of the Prelates Earls Barons and Commons of our Realm of England in this our present Parliament summon'd at Westminster the Wednesday next after the Sunday in Midlent the xiv Year of our said Reign of our Realm of England and the First of France that by the cause or colour of this that We be King of France and that the said Realm to Us pertaineth as afore is said or that We cause Our Selves to be named King of France in our Stile or that We have changed our Seals or our Arms nor for Commands which We have made or hereafter shall make as King of France neither our said Realm of England or the People of the same of what Estate or Condition they be shall not in any time to come be put in Subjection or in Obeisance of Us nor of our Heirs nor Successors as Kings of France as aforesaid nor be subject nor obedient but shall be free and quit 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 whereof c. Certain Bishops and Lords require of his Majesty to be saved harmless for those great Summs of Money wherewith they stood bound on the Kings Behalf to the Duke of Brabant in case the Duke of Cornwall should not Marry with the Daughter of the said Duke which Request was granted and all with the Letters Patents aforesaid was enrolled in the Chancery The Petitions also of the Clergy by Assent were made into a Statute beginning Edvardus c. and enrolled as above After this certain fit Persons there named were appointed for several Affairs some to hold Debate of matters concerning Flanders some to speak with the Merchants touching Exchange to Brussels and to confer with the Merchants of England some to dilate with Priors Aliens of which we shall speak more hereafter others to advise touching the Defence of the North Marches others to treat about the Affairs of Gascoign and others how best to preserve the Islands and the Sea-coasts As to the Keeping of the Peace and performing of Covenants between the Duke of Brabant and Others on the Kings Behalf that was all to be debated in the Kings own Presence Concerning the raising of Money that was refer'd to the Commons But because the Taxes last granted were not duly answer'd to the King by those who had been entrusted with the Care thereof Certain Persons were now appointed to take the Accounts of Sr. William de la Pole Sr. John Charnells and Paul de Monteflore and Others who had received Money Wooll and other Goods to the Kings Use Whereupon Sr. William de la Pole and the Rest had Day given them to shew their Accompts each of them finding their sufficient Sureties The Earl of Derby and the Lord Wake were Sureties for Sr. William the same Earl of Darby and the Lord John Montgomery for Sr. John Charnells John Lord Dacres and Reginald Lord Cobham Sr. John Shareshull and Sr. John Stradling stood for Paul de Monteflore Sr. John Sturmy and Sr. John Charnells were bound for William Welchborne and the Earl of Huntington engaged for Pierce Dyme and other Merchants of Barton Thereupon the Parliament was Protogued till Wednesday in Easter Week then ensuing At which time certain were appointed to sit on Petitions had before the King When also the Bishops at the Kings Request promised never to dissent from the Kings Promise made for the Customs of Wooll but by Common Assent of Parliament A Motion to remember to Repeal a Commission made to Sr. Robert Waterford of the e Appâ—ser M.S. Opposer in the Exchequer Also to remember to respit the Prior of St. Dennis near Southampton and of Southwick from paying of the Tenths and Fifteenths And to direct a Commission to Sr. Robert Popham to be Sheriff of Southampton during the Kings Pleasure It is Enacted that the King may with the Assent of his Allies make any reasonable Peace In this Parliament in f M.S. Sr. R. Cotton ibid. Dagd 2 Vol. p 113. consideration of the many Good Services done by the Marquess of Juliers the King made him Earl of Cambridge and gave him in Fee a 1000 l. per annum till he could provide for him so much of Hereditaments Whence it appears that the Learned Antiquary g Cambden Brit. Mr. Cambden was mistaken who says that King Edward the Third for the Love he bore to Queen Philippa his Consort created the Lord John of Hainault her Uncle Earl of Cambridge And that upon his Revolt to the French he devested him thereof and conferr'd it upon William Marquess of Juliers Sisters Son to that Queen Whereas the said Lord John was not now nor of some Years after Revolted to the French as We shall shew in due place so that he could not yet forfeit with Edward nor is there any thing at all in Our publique Records that may give the least Countenance to this Assertion of that Famous Man as the Diligent Sr. William Dugdale acknowledges Whereas it is most Evident that at this time the Marquess of Juliers was created Earl of Cambridge as We have shewn But We have not made this Observation upon so Great and Venerable a Person out of Envy or Ostentation rather thrô love of Truth alone and to infer
a due State Counsel and a Treatise thereupon had with the Earls Barons and other Wise Men of our said Realm And for because We never consented to the making of the said Statute but as then it behoved Us We dissembled in the Premises by Protestations of Revocation of the said Statute if indeed it should proceed to eschew the Dangers which by denying of the same We feared to come forasmuch as the said Parliament otherwise had been without any Expedition in Discord dissolved and so our earnest business had likely been which God prohibit in Ruine And the said pretenced Statute We promised then to be Sealed It seemed to the said Earls Barons and other Wise Men that sithence the said Statute did not of our Free Will proceed the same should be void and ought not to have the Name nor strength of a Statute And therefore by their Counsel and Assent We have Decreed the said Statute to be void and the same inasmuch as it proceeded of Deed We have brought to be annulled Willing nevertheless that the Articles contained in the said pretenced Statute which by other of Our Statutes or of Our Progenitors Kings of England have been approved shall according to the form of the said Statute in every point as convenient is be observed And the same We do only to the Conservation and Redintegration of the Rights of Our Crown as We be bound and not that We should in any Wise aggrieve or oppress Our Subjects whom We desire to rule by Lenity and Gentleness And therefore We do command You that all these things You do to be openly proclaimed in such places within your Bayliwick where You shall see expedient Witness my self at Westminster the First day of October the XV Year of Our Reign This is the Famous Revocation which thô put among the Printed Statutes was meerly the Result of the Kings Prerogative Royal and yet in those days Esteemed of sufficient Force and as so afterwards confirmed by Act of Parliament as We shall see two Years hence CHAPTER the NINETEENTH The CONTENTS I. King Philip of France wins the Emperour to his side II. The Emperours Letters of Revocation to King Edward III. King Edwards answer thereto IV. The sudden Death of the Duke of Bretagne without Issue With the several Pretences of the Earl of Montford and Charles of Blois to that Dukedom V. Earl Montford seises his Fathers Treasure calls a. Parliament and goes forth with an Army to conquer his Inheritance VI. He goes into England does Homage to King Edward as true King of France for that Dukedom and implores his Protection VII On Charles of Blois his Complaint to King Philip Earl Montford is Summon'd to appear in the Chamber of France He comes to Paris but being in doubt gets secretly away again VIII The Dukedom adjudged to the Lord Charles of Blois IX King Philip promises unto him his Assistance and confiscates the Earldom of Montford which King Edward requites by giving the Earldom of Richmond unto the said Earl. X. Charles of Blois descends into Bretagne besieges Nantes and takes the Earl of Montford who is sent Prisoner to Paris XI The Countess of Montford prepares to renew the War. XII King Edward keeps his Christmas at Melros Abbey and the Earl of Darby at Roxborough whither certain Scotch Knights come to exercise Feats of Arms. XIII Queen Philippa deliver'd of her Fifth Son called Edmund of Langley His Christening solemnized with a Feast and Turneament Which is falsly said to have been for love of the Countess of Salisbury XIV A small Digression concerning Francis Petrarch the Italian Poet. XV. The Lord Douglas besieges Striveling and takes it King Edward goes against Scotland with a Royal Army The Scotch Lords offer Conditions to obtain a Truce which are accepted XVI King David of Scotland returns home again raises an Army and enters England lays Siege to Newcastle but leaves it again XVII The Captain of Newcastle rides post with the News to King Edward who prepares for Resistance XVIII King David takes and destroys the City of Durham XIX He lays Siege to the Castle of Werke the Story of King Edwards Amours with the Countess of Salisbury exploded XX. The Captain of the Castle passes thrô the Scotch Host in the Night to hasten King Edward to his Relief On Knowledge whereof the King of Scotland Retires XXI King Edward comes before the Castle of Werke and the next Day follows the Scots XXII A Truce taken between the two Kings with the several Reasons inducing them thereto The Earls of Murray and Salisbury acquitted their Ransoms I. ALL this while thô the Truce between France and England had more than Two Years to continue King Philip knowing that Truces are but Opportunities for Wise Enemies to improve to their Advantage like a Politick and Wary Prince thought good to take this time to recruit himself and to provide more strongly against a War which the Competition for a Crown seem'd to Entayl to future Ages And first after King Edward's own Method he desired to Establish himself with the Accession of some Powerfull Friends The Flemings he could by no means expect to prevail with while Jacob van Arteveld bore any Authority among them and the Earl of Hainalt was too much incensed to be wrought upon and the Duke of Brabant and other Lords of the Empire were still hamper'd in the Triple League made at Villenort Nor indeed did it seem feasable to gain any great footing in the Empire till the Emperour himself might be brought over The Emperours Friendship therefore seem'd as more considerable so upon many Accounts more attainable Lewis the Emperour had now to Wife the Lady Margaret Eldest Daughter to Jane of Valois King Philips Sister Besides he knew him extream desirous to be Reconciled to the Church if he might obtain Absolution from the Pope on no Dishonourable Conditions and King Philip had at that time the Popes Keys under his Girdle the Court of Rome being at Avignon in France The Emperour therefore he now secretly and effectually plyes by the Popes Letters and his own Ambassadors offering him both Temporal and Spiritual Advantages great Gifts and Pensions together with a Frank and easie Absolution from his long-continued Excommunication These things took with him so well that he presently sent unto King Edward these his Letters of Revocation II. a Walsingh hist p. 146. n. 30. Fox Acts and Monum p. 351. Stow p. 238. Odâ—ric Rainald ad hunc annâ—m §. 12. c. Lewis by the Grace of God Emperour of the Romans always Augustus to Edward King of England his Beloved Brother Greeting and unfeigned Love. Althô innumerable and arduous Affairs do lie upon our shoulders and We are variously and perpetually encumbred about them yet notwithstanding when the Discord arisen between You and Philip King of France our Beloved Cosin which unless it be appeased may for the future bring forth both to You and to your
be broken by this Blow he soon after dispos'd of his Men into Winter Quarters and return'd himself into England to provide more effectually against the next Campaigne The Earl of o Dugd. 1 Vol. p. 193. ex Châ—â— Fr. Joh. Clinne M.S. in Bodlei Bibl. f. 99. Tom. 4. p. 70. Oxford also having first been in Bretagne took the Sea about the Feast of the Blessed Virgin and by Tempest was cast upon the Coasts of Connaught in Ireland Where he and his Company suffer'd much Misery from those Barbarous People there who pillaged them of all they had So that with much difficulty they escaped alive out of their hands and afterwards came safe into England XVI About this time was Queen Philippa of England brought to Bed of a Fair Daughter named Mary who was afterwards married to John Montford who in time obtain'd the firname of Valiant and having conquer'd his Enemies became Duke of Bretagne His Father John of Montford of whose Taking at Nantes we spake before was by vertue of the late Truce at Malestroit most p Mezeray ad huncan Fabian p. 270. c. certainly deliver'd out of Prison this Year on Condition that he should not depart from Court But this notwithstanding he made his Escape and put himself in the Head of his Troops in Bretagne having obtained succour from England as we shall shew hereafter But because in the September following he died his Release from Imprisonment was not taken notice of by some Authors This Year there died at Bourdeaux the valiant Lord q Dugd. 2. Vol. p. 104. Oliver Ingham Seneschall of the said City in the Fifty Ninth Year of his Age without Issue Male Wherefore his younger Daughter Joan Wife to the Lord Roger le Strange of Knokyn and Mary his Grandaughter by Elizabeth his eldest Daughter and her Husband Sr. John Curson became his Heirs CHAPTER the TWENTY THIRD The CONTENTS I. King Edward demands of the Pope Satisfaction on the French Kings Part or declares that he will renounce the Truce II. The Earl of Northampton commission'd to defie the French King c. III. King Edward's Manifesto touching the Dissolution of the Truce IV. He sends Henry Earl of Darby into Aquitain V. A particular Account of his Actions there during the Campaign VI. The Lord Manny finds his Fathers Bones in the City of Reole VII The strong Castle of Reole yielded the Town being taken before VIII The Earl of Darby proceeds in Taking of Towns and Castles IX He wins Mirapont Tonneins Damasan and Augoulesme where he makes the Lord John Norwich Governour and so returns to Bourdeaux I. BEfore this Expedition of the Earl of Darby's into Gascogne we shew'd how the Pope endeavour'd to compose Matters with King Edward to whom we do not find that the King return'd any Answer till after the Earls Arrival at Bourdeaux when he made a solemn Complaint to him bearing Date the a 4 Aug. Rot. Franc. 18 Ed. 3. m. 3. Ashmele p. 654. Fourth of August which he sent by John Hufford Dean of Lincoln Sr. Hugh Nevil and Nicolas de Flisco willing them to demand a Reformation and Security for the Observance of the said Truce untill the Expiration of the Term appointed and sworn by each of the Kings Deputies And in case that should not be done as it was not expected then they to surrender the Copy of the Truce into the Pope's Hands and to defie Philip of Valois as the Kings Enemy Yet notwithstanding these Amicable and Christian-like Desires of the King of England met with nothing but Flams and Dilatory Answers For on the 20 of October following Dr. William Bateman Bishop of Norwich John Hufford Dean of Lincoln and John Thoresby one of the Canons of Lincoln Sr. Hugh Nevil and Sr. Ralph Spigurnel Knights together with the foresaid Nicolas de Flisco were Commissionated to declare before the Pope in what Particulars the Truce had been broken and instantly to demand Reparations II. But after all this little Satisfaction being offer'd AN. DOM. 1345. An. Regni Angliae XIX Franciae VI. and none at all given to the King his Majesty seeing the Truce manifestly and openly violated and that the Pope and his Legates were too evidently Partial on the French Side gave Commission to William Bohun Earl of Northampton bearing Date the 24 b Asâ—mâ—le p. 654 ex Râ—t Franc. 19 Ed. 3. m. 4. p. 1. of April to defie Philip of Valois as a Violator of the Truce an unjust Usurper of his Inheritance of the Realm of France and his Capital Enemy Which Defiance being made he was order'd to go with John Earl of Montford into Bretagne as the King of England's Lieutenant General to defend that Dutchy against the Lord Charles of Blois being empowred to receive the Fealty and Homage of those People in the Kings Name which was due unto him as True King of France a like Power having c Dugd. 1 Vol. p. 185. ex Râ—â— Fr. 16 Ed. 3. n. 25. three Years before been given him in the same Parts And shortly after the King set forth a Manifesto bearing Date the d Ashâ—cle p. 654 14 of June touching the Dissolution of the Truce wherein the Causes were declared at large being in Substance the same with those Letters which he had sent to the Pope and Four Cardinals bearing Date e Rot. Rem 19. Ed. 3. m 2. n. 4. 26 of May the Month preceding the Date of this Defiance a Copy whereof followeth agreeing with the other which is to be seen in the Original Latine both in Adam Murimouth's M.S. and also in Dr. Stillingfleets aforemention'd III. f Fâ—â— Acts and Mâ—n An. 1345. Adam Mâ—â—imoâ—th M.S. Dr. Covel M.S. Dr. Stillingâ—â—eet qu â—as cum Foxo 〈◊〉 â—â—itus faâ—es â—ut peritia videbâ— tur defideraâ—â— EDWARD by the Grace of God King of England and France and Lord of Ireland to all and singular to whom these Presents shall come Greeting We doubt not but it is now publiquely known how that after the Decease of Charles of Famous Memory King of France and Brother to the most Serene Lady Isabella Queen of England our Mother the Crown of the said Kingdom being incommutably devolved unto Us as unto the next Heir Male of the said King then being alive the Lord Philip of Valois who is but Son to the Uncle of the said King and so related unto him in a more remote Degree of Consanguinity did in the time of our Minority by Force and contrary to God and Justice usurp the said Kingdom and still doth usurp and detain it Invading moreover and spoiling our Lands in our Dukedom of Aquitain and Confederating against Us with our Rebellious Enemies the Scots and otherwise to the utmost of his Power labouring and endeavouring to procure the Ruine and Subversion of Us and of Ours both by Land and Sea. And thô we to prevent the inestimable Dangers which it is probably feared may happen
hedges and ditches in such Numbers that it was no less loss than wonder to behold For there died in and about one Pasture more than five Thousand Sheep Wherefore it might be supposed that they also died in this manner thrô some kind of Plague that was as strange and unaccountable among them as the former had been to Mankind For it is i Knighton p. ibid. lin 40. said that neither Bird nor Beast of Prey would touch their Carcasses And this is another Instance that the late Pestilence did yet further differ from those of other Times Since usually Beasts by reason of their prone Looks downward on the Earth and their quicker Scent therewithall are first infected but here it happened quite contrary However there shortly ensued hereby such a Scarcity of Cattle that all Provision of Flesh became excessive Dear as well as other Beasts for use and labour Whereas in the plague time partly thrô their great abundance and partly also because thrô the present Apprehensions of Death Men were then less intent upon Gain a good Horse worth 40 s. before might be bought for a Mark a large fat Ox for four shillings a Cow for one shilling an Heifer for six Pence a fat Mutton for four Pence a Sheep for two Pence a Lamb for two Pence and a Pork for five Pence one Stone of Wooll for nine pence and other things went at the same Rate in England But now the state of Affairs was alter'd and besides the prodigious Decay of Cattle aforesaid there succeeded also a great Death of Corn in many Parts of the World not so much thrô any defect or Parsimony of Nature for the Fields were sufficiently cloathed with Grain in many Parts especially here in England as partly thrô an inordinate desire of Gain in some and also partly from the want of Men in most Places to gather it in Particularly this Year about Harvest-time a Reaper was not to be had for Money under eight Pence a Day nor a Mower under twelve Pence besides Victuals which in those Days was excessive Wages Mony bearing then almost a Decuple value to what it doth now So that the King was fain k Knighton p. 2600 l. n. 37. to issue out his Commands thrô all the Counties of England that Reapers and other Labourers should neither demand nor take any more than formerly was used in the 20 Year of his Reign or other five or six Years before on Penalties limited in the said Statute which bare Date l Vid. Statute Beck 23. Ed. 3. p. 90. licet maiè ibi 23. Ed. 3. pro 25. ut videre est M.S. Record Parl. p. 71 Sr. Rob. Cotton's Alridgm p. 3. §. 6. 14 of June Anno Regni Angliae XXIII Franciae verò X c. But this Sort of Men being lightly puffed up with Thoughts far beyond what was agreeable to their Condition when they saw the absolute necessity Men stood in of using their Assistance set at nought the Kings Commands and became peremptory in this either not to work at all or to have what they should demand for their hire But this King who knew as well how to reduce a refractory and disobedient Subject as to conquer a Foreign Enemy undertook to tame their insolence such a way as both wholly cured their madness and prevented that ruine which was like to ensue thereby and also at the same time enriched his own Coffers in order to the carrying on of his great and chargeable Affairs For having understood that many Abbeys and Colleges and such Persons or Societies and Corporations who held great Possessions rather than loose their Corn and other Fruits had contrary to the Statute aforesaid given unto their Labourers larger stipends than were there appointed He first of all levied considerable Amerciaments upon the Abbots Priors Barons Knights and Others of all Degrees of some 5 l. of others 4 l. 3 l. 2 l. 1 l. and of every Carucat Hide or Plough-Land over all England 1 l. and yet in general one Fifteen besides Then he caused many Hundreds of the said Labourers especially the Master-workmen to be apprehended so that many who had offended in that kind having intimation of the matter were fain to retire into Woods and Forests where they skulked about living hardly for a while but those that were taken were severely fined and after the discipline of a temporary Imprisonment being first sworn to take for the future their Day Wages according to the old usage only were dismissed Other m Knighton ib. lin 61. Artificers also in Towns and Burroughs were served in the same manner For by reason of the scarcity of Men these People began to demand most unreasonable Rates for all their Work and Services till now at length this other Plague of their insolence was removed by the healing hand of King Edwards Justice As may be seen at large in the n 25 Ed. 3. v. d. Statute-â—â—ok p. 91. 92. Statute where all the Prizes are appointed for all such Labourers and Artificers according to the Rate of Money in those Days to which I refer the Curious Reader However vast quantities of Corn were already lost for want of Hands to gather it in but a timely Remedy being so seasonably applied a greater Famine was prevented in this Nation Thô in many other Parts it raged most immeasurably For soon after the Pestilence a Famine beginning in Barbary and Morocco the Christians of sundry Nations in hopes of inordinate Gain from these Infidels carried thither such huge Quantities of Corn as thereby they occasion'd a greater Famine in Spain o Giov. Villani ad ann 1346. c. 72. p. 883. Stow p. 247. a. b. vid. Frois c. 153. Lanquet ad ann 1351. de Fame in Gallia Italy France and other Parts of Europe So that at the most there was but three Ounces per diem allowed for every Man. And soon after there happen'd in most Parts of the World great and strange Inundations with Presters and frequent and unusual Storms and Tempests which were succeeded by monstrous and terrible Sights and Flames of Fire in the Air gastly and dismal Spectres and Apparitions and then extream Droughts and want of Waters All which in their several Capacities in divers Places and at several Times did no small harm to all living Creatures in the Air Sea and Land and to all Sorts of Vegetables as also to many goodly Structures and Edifices And p M. S. vet Ang. in Bibl. C.C.C.c. 228. ad finem this was generally observed of all those who were born next and immediately after this wonderfull Plague that when the time came for the growth of their Teeth they had two Cheek-Teeth in their heads less than they had afore XIII And yet q Gesta Clement Vl. apud â— sq Alb. Argent in Chron. vid. Oder Rainald ad ann 1348. n. 33. to all these Evils there was added one more for there arose a certain
Treasures of You and your People but also a great loss of Time for if all things are duely consider'd You may chance to make War all the Days of your Life and yet never come to the end of your Design Sir in short since the Fortune of Battles is variable and You may perhaps lose more in one Day than You have won in twenty Years I would advise your Majesty to accept the Offers which are now made unto You in a time wherein You may leave the War both to your Honour and Advantage These reasonable and prudent Words thus utter'd with a Loyal Mind by the Duke of Lancaster for the Good of the King and his People being seconded by the immediate influence of Heaven fully wrought upon the enraged Prince and enclin'd him to Peace But surely the Occasion which wholly brought him over was very remarkable if not miraculous for presently upon these Words while yet the King was inexorable and refus'd to give the French Commissioners any agreeable Answer there g Frois c. 211. f. 105. Du Ches p. 684. Mezeray p. 59. Walsing hist p. 167. n. 30 Knighton p. 2624. n. 10. M.S. vet Angl. in Bibl. C.C.C. Cantab. c. 230. Ashmole p. 660. Jacob. Meyer Annal. Flandr l. 13 p. 184. Odor Rainal omnes fell from Heaven such a wonderfull Storm and Tempest of Thunder Lightning Rain and Hail among the English Army that it seem'd as if the whole Fabrick of Nature was falling to pieces and withall it was so excessive Cold at the same time that it cannot be imagin'd so that together with all these Arrows of Gods Anger there perished no less than 6000 Horses and well-nigh a 1000 Men among whom were several Persons of Quality Particularly the Lord Robert Morley was slain outright and the Lord Guy Beauchamp Eldest Son to the Earl of Warwick being wounded to Death in this Storm died thereof on the 28 day of April at the City of Vendosme in Beauce h Dugd. Bar. 1 Vol. p. 235. id Warwicksh p. 319. sed in anno obitûs LI malè scribitur utrchique pro LX quod not andum where also he was buried in a Chappel behind the High-Altar toward the East having a Fair Monument of Alabaster with his Pourtraicture thereon neatly carved and over his Harness a Surcoat of his Arms with this Inscription on the Verge of his Monument Icy Gist Monsiegneur Guy de Beauchamp Fitz de tresnoble puissant Homme Monsieur Thomas de Beauchamp Conte de Warwick Mareschal d' Angleterre qui trespassa le XXVIII jour d' Averil l'Ann MCCCLX The boldest Heart of all these Valiant Souldiers trembled at the apprehension of this Dreadfull Judgment But King Edward like a Good and Pious Prince look'd upon it as a loud Declaration of the Divine Pleasure Wherefore immediately alighting from his Horse he kneeled down on the ground and casting his Eyes toward the Church of our Lady of Chartres made a solemn Vow to Almighty God That he would now sincerely and absolutely incline his Mind to a final Peace with France if he might obtain good Conditions at which time also he made a Devout Confession of his sins and so took up his Lodging in a Village near Chartres called Bretigny where the French Commissioners being come the next day with more ample Instructions the King was content to accept of Peace The Treaty i Ashmole p. 660 was menaged between Edward Prince of Wales and Charles Regent of France their Proctors and Agents in the Name of both the Kings these two Princes and all the Subjects of either Realm Those who were deputed on the English Part were Sr. Reginald Cobham Sr. Bartholomew Burwash Sr. Frank van Hall Bannerets Sr. Miles Stapleton Sr. Richard la Vache Sr. Nele Loring Knights and others of the King of Englands Council Those other on the French side were the Elect of Beauvais Charles Lord Monmorency Monsieur John le Meingre Marshal of France Monsieur Ainart de la Tour Lord of Viviers Monsieur Ralph de Ravenal Monsieur Simon de Bucy Knights Monsieur Stephen de Paris and Peter de la Charite Counsellours with many Others deputed by the Dauphin At first namely on the Seventh of May a Truce was agreed on to continue till Michaelmas following and thence till Michaelmas ensuing which upon the Return of King Edward into England was by Writs bearing Date the 24 of the said Month commanded to be published throughout all the Sea-Ports in England and by a like Writ notice was given to the Duke of Lancaster to proclaim it thrô Gascoigne And the next Day viz. the 8 of May the Articles relating to a Final Peace were agreed to on Behalf of both the Kings This is that Famous Treaty made at Bretigny near Chartres so much spoken of by Writers to which the Eldest Sons of England and France were Principal Parties commonly called the Treaty of RENVNTIATION of both Kings in regard that the King of France Renounced the Soveraignty of several Territories to King Edward and he on the other side Renounced his Title to France and some other Places As will more particularly appear from the Copy of the Treaty it self as it was compared with the Original kept at Paris by one that was Master of the Rolls there k Extant Gallice apud Da Ches l. 15. p. 684. Dr. Stillingfl M.S. ad hunt titalum copia Tractatus magnae Facis in Latino inter Reges Anghae Francix factâ— apud Bretigny jurta Carnotum c. Eâ—tant câ—am Anglice in MS. Deticris Johan Spencer Coll. C.C. Cantab. Magistri Vid. Ret. de Tractatu Pacis Franciae ad an 34 Ed. 3. m. 10. X. EDWARD Eldest Son of the Noble King of England Lord of Ireland and of Aquitain Prince of Wales Duke of Cornwall and Earl of Chester To all who shall see these present Letters Greeting WE give You to understand that of all the Debates and Discords whatsoever moved and commenced between our most Redoubted Lord and Father the King of England on the one Part and our Cousin the King and his Eldest Son Regent of the Realm of France on the other Part for the benefit of Peace it is ACCORDED on the Eight of May in the Year of of Grace One Thousand Three Hundred and Sixty at Bretigny near Chartres in Manner and Form following viz. 1. Imprimis That the King of England besides what he holdeth in Guienne and Gascoigne shall have for himself and his Heirs for ever all those things which follow to hold them in like Manner as the King of France or his Son or any of his Ancestors Kings of France did hold them that is to say what was held in Soveraignty to be held in Soveraignty and what in Demaine in Demain for the Times and in the Manner hereunder specified The City Castle and Earldom of Poictiers and all the Land and Country of Poictou likewise the Fief of Thoüars and the Land of
making his Complaint that Sr. John to build this House had pulled down many small ones which paid him Tithes the King ordained that House to pay the Parson in lieu thereof 40 s. per annum for ever On the x Dugd. 2 Vol. p. 74. c. 28 of the said Month died the Noble and Valiant Lord Thomas Holland Knight also of the Garter and in Right of his Wife Earl of Kent and Lord Wake thô it doth not appear that ever he had any Creation to that Dignity His Wife was that celebrated Beauty of the Age Joan commonly called the Fair Maid of Kent Daughter of Edmund Plantagenet Sirnamed of Woodstock Earl of Kent and after the Death of her two Brothers Edmund and John who died successively without Issue Countess of Kent But Common Historians call her Countess of Salisbury the small Foundation whereof We shall now examine This Lord Thomas Holland y Liber Islep dict in Arch. Cantuar. Bibl. Vid. Dugd. 2 Vol. p. 74. had first made a Contract with her upon which as he afterwards alledged Carnal Knowledge did ensue Whereupon understanding while he was in France that William the second Earl of Salisbury had a purpose to Wed her by his Petition to Pope Clement VI he complain'd of this injurious Design fairly representing his own Precontract and the knowledge he thereupon had of her But that for all this the said Earl taking Advantage of his Absence in Foreign Parts had made a second Contract with her and unjustly detain'd her from him At this his Holiness having sully discussed the Matter gave Sentence for him and accordingly he enjoy'd her the Earl of Salisbury as it seems acquiescing therein by an after Matriage z Catal. Honor. p. 1044. with Elizabeth second Daughter of John Lord Mohun of Dunstor Castle By this Princely Paragon he left behind him a Catal. Honor. p. 765. two Sons Thomas Holland Earl of Kent who lived many Years after John Holland in time Earl of Huntington and Duke of Excester and a Daughter Maud first Wife of Peter Courtney Nephew of Hugh Courtney first Earl of Devonshire and after his decease Married to Valeran Earl of St. Paul. The Incomparable Widow Mother of these Children was now about two and Thirty Years of Age but her Vertues were so singular and her Charms so strong and attractive that still she made shift to Captive no less a Man than him that had taken King John Prisoner for the Black-Prince took her to Wife the Year following as in due place We shall see At this time b Odor Rainal ad an 1360. §. 13. Hugh King of Cyprus died leaving his Kingdom and the Defence thereof to his Son Peter Hugh the Son of an Elder Son Guy being put by This King Peter was a Man of great Valour and Fortune in the Wars against the Saracens of whom We shall shortly have an occasion to take some Notice CHAPTER the SEVENTH AN. DOM. 1361. An. Regni Angliae XXXV The CONTENTS I. King Edward causes all his Lords and Prelates to swear to uphold the Peace and sends Ambassadors to the Pope for a confirmation of all II. The manner of King John's Reception at Paris after his long Imprisonment III. The unwillingness of the Frenchmen to admit of King Edward's Government IV. King Edward being put in Possession of all the Lands which were to fall to him by the Treaty makes the Lord John Chandos his Lieutenant in those parts the said Lords Praise and Character V. The English Garrisons deliver'd up to the French King many of the common Souldiers whereof joyning together turn Robbers They begin to do much mischief about Champaigne and Burgundy VI. King John sends against them the Lord James of Bourbon whom they overthrow VII Their formidable Progress the Pope fearing their Insolence procures them to be drawn off into Italy VIII A second Great Plague in England the strange Prodigies forerunning it It s excessive Fury it sweeps away the Good Duke of Lancaster the Lord John Moubray and Three other Lords with six Bishops and the Archbishop of Armagh IX The Black-Prince Marries the Lady Joan Countess of Kent X. Prince Lionel made the Kings Lieutenant of Ireland with his Behaviour in that Place XI King Edward restores unto the Priors Aliens what he took from them in the Eleventh Year of his Reign I. KING Edward of England a Walsing hist p. 170. n. 40. M. S. vet Angl. in Bibl. C.C.C. Cantab. c. 231. having kept his Christmass in great Splendor at Woodstock near Oxford went after the Holydays to his Parliament which he had summon'd to meet him at Westminster on the b Stow p. 264. 24th of January Where he communicated unto the Three Estates all the Articles and the whole Process of the Peace which he had made with the King of France Both Houses were entirely satisfied with the whole Affair and on the last of January the Archbishop of Canterbury with great Solemnity celebrated the Mass of the Holy Trinity returning Thanks to Almighty God in which Service there was this small but comprehensive Scripture c 2 Cor. c. 13. v. 11 c. Brethren rejoyce be Perfect be of good Comfort be of one Mind live in Peace And the God of Love and Peace shall be with you The Grace of our Lord Jesus Christ and the Love of God and the Fellowship of the Holy Ghost be with you all Amen After Mass the King and his Sons standing up in presence of the French Hostages Torches being lighted and Crosses held over the Eucharist and Missale all those of the Peers who had not sworn already to keep the Peace took now their Oath which also they read from Papers or Scrolls written and signed with their own Hands the Archbishop beginning thus viz. We Simon Archbishop of Canterbury do swear upon the Holy Body of God and his Holy Gospel firmly as much as in Vs lies to keep the Peace and Concord agreed on between the two Kings and to do nothing contrary thereto This being done every Man as he had taken the Oath gave up his Paper to the Kings Notaries to be laid up as a Witness to Posterity After the same Method King John made his Lords and Estates of Parliament to swear to uphold the said Peace to their Power and thereupon sent his Ambassadors to the Pope for his Apostolical Sanction and surer confirmation thereof As also King Edward did the like on his part and among his Ambassadors We find the Lord Guy d Dugd. 2 Vol. p. 151. Brian to be One. And thus at last was this Peace as fully established and as strongly bound on Earth as Humane Wisdom or Authority could Devise or secure II. But we should say something more particularly of the French King and his Affairs We waited on him from Calais to Boulogne and there left him thô he did not stay long in that place for in the e Frois c. 214. beginning
judicious Writer XIII Toward the End of the Year the Noble and Valiant Hero Thomas Earl of Warwick who had been in the Parts of Prussia g Hist M.S. Jehan Rous p. 253. c. return'd into England with his Retinue and the Voluntiers who accompanied him besides the King of Lithuania's Son whom as we shew'd before he caused to be baptized and called after his own Name Thomas he himself at that time standing for his Godfather Soon after that h Dugd. Bar. 1 Vol. p. 233. Warwick p. 317. a. ex Claus 40. E. 3. m. 4. the said Earl of Warwick was sent by the King upon special Service into Flanders having an allowance of 7 Marks and an half per diem at which time also he had his Commission for Earl Marshal of England renewed CHAPTER the THIRTEENTH The CONTENTS I. A Parliament at Westminster AN. DOM. 1366. An. Regni Angliae XL. wherein notice is taken of the Pope's foremention'd Citation to the King Peter-Pence forbid to be paid thenceforward to the Pope The Quarrel taken up between the Fryars Mendicants and the two Vniversities The Kings Son-in-Law the Lord of Coucy made Earl of Bedford II. A Treaty of Marriage began between Prince Lionel King Edward's second Son living and the Lady Violantis Daughter to Galeas Lord of Milain III. Dr. Simon Islip Archbishop of Canterbury dies his Foundation of Canterbury-College in Oxford now called Christ-Church Dr. Simon Langham Bishop of Ely translated to Canterbury IV. On the French Kings Complaint of the Insolencies of the Companions King Edward raises an Army to repress them but finding the French King jealous of his Designs desists in great anger The King of France and the Pope endeavour to have those Licentious Souldiers drawn off into Hungary but they would not stir till a business from Spain invited them that way the Relation of which Matter is refer'd to the beginning of the Fourth Book I. IN the beginning of this Year viz. a MS. Rot. Par. p. 98. Sr. Rob. Cotton's Abridgment p. 102. sed ibi tempus aâ—â— gnatur esse The Monday next after the Invention of the Cross which is the 4 of May this Year quod mirè discrepat à M.S. on the 30th of March being the Monday next after the Feast of the Annunciation of our Lady King Edward held his high Court of Parliament at Westminster At the opening whereof Simon Langham Bishop of Ely and Lord Chancellor of England declared in the Painted Chamber in presence of the Lords and Commons the Reasons why that Parliament was called which in effect were these That since the King had sent his Eldest Son the Prince of Wales to govern the Country of Aquitaine as also the Duke of Clarence his next Son then living into Ireland to be his Lieutenant there his chief Care now was how he might best govern his Realm of England here at home And so having appointed Receivers and Tryers of Petitions for England Ireland Wales and Scotland as also for Aquitaine and other Foreign Isles and Places they adjourn'd till the next day And then the Chancellour in presence of the King Lords and Commons declar'd that he had the day before informed them in general of the occasion of their Assembling and that now they should know it more particularly there being a fresh Matter which the King was resolved to communicate unto them viz. The King had lately received Notice that the Pope in consideration of the Homage which King John of England acknowledged to the See of Rome for his Realm of England and Dominion of Ireland and because of the Tribute then by him granted unto the said See intended by Process to cite the King to the Court of Rome Then at Avignon to answer for his Default in not performing what the said King John his Predecessor had so undertaken for him and his Heirs Kings of England Whereupon the King required the Advice of his Parliament what Course he had best to take in case any such Matter should be attempted The Bishops by themselves and the Lords and Commons by themselves desire Respite to give in their Answer till the next day which was granted And then the Three Estates being met together with one Consent Enacted in effect following viz. That forasmuch as neither King John nor any other King could bring his Realm and People into such thraldom and subjection but by general Consent in Parliament which was not done and therefore what he did was against his Coronation Oath and moreover that he was notoriously compell'd by the necessity of his Affairs and the iniquity of the times besides many other Reasons if therefore the Pope should attempt any thing against the King by Process or any other way that then the King and all his Subjects should with all their Force and Power oppose and resist the same Thus was this business quash'd for ever and it seems the King was so moved at the Insolence of the thing that over and above he caused it now to be b M.S. vet Angl. in Bibl. C.C.C. Cantab. c. 232. ordain'd that from that time forward St. Peter's Pence should not be paid which the Noble King Ina sometime King of England of the West-Saxons who began his Reign about the Year of our Lord DCLXXV had first granted to the See of Rome in consideration of an English School there to be continued for ever That same day c M.S. Râ—t Par. ibid. Sr. Rob. Cotton's Abridgment ibid. the Universities of Oxford and Cambridge and the Fryars of the Four Orders Mendicants within the said Universities made long and grievous Complaints by their Proxies each against the other to the King in Parliament But in the end they all submitted themselves to the Kings Order Whereupon the Lords having well deliberated on the whole Matter by full Assent in Parliament took Order that as well the Chancellour and Scholars as the Fryars of those Orders within the said Universities should in all Graces and School-Exercises use each other in Friendly manner without any noise and disturbance as before And that none of those Orders should receive any Scholar into their Orders being under the Age of 18 Years And that the Fryars should take no advantage nor procure any Bull or other Process from the Court of Ronie against the said Universities or proceed therein But that the King alone have Power to redress and determine all Controversies between them from thenceforth and the Offenders should be punished at the pleasure of the King and his Council The Parliament continued till d Lit. Dom. D. Vid. M.S. Ret. Parl. p. 99. §. 13. Sr. Rob. Cotton's Abridgment p. 103. §. 13. Monday the XI of May at which time the Lord Chancellor declared how the King had given in Marriage the Lady Isabell his Daughter to the Lord of Coucy who had a Fair Estate as well in England as elsewhere and that it would concern the King's Honour to create him an
Esquire and others of his Domesticks and interred in the said Church of the Augustine-Fryars at Clare aforesaid near unto the Pody of his First Wife Elizabeth de Burgh But the Lord Edward Spencer who doubted some foul play had been used towards him tarried still in Italy and together with Sr. John Hawkwood and his Englishmen called the White-Company * Walsingh Hyped p. 131. n. 23 Frois c. 242. fol. 146. made fierce War upon the Dukes of Milain in Revenge of his Masters Death till at last he was fully satisfied of their Innocence as to that point and their great and unfeigned sorrow for the untimely loss of so Noble a Kinsman This was the first unkind Stroke of Fortune that ever King Edward felt and that no small one neither But he bore it with such Courage as might have obliged her if that Fickle Goddess was to be won by Gallantry to be more Respectfull unto Him for the future Though generally she is observed when once she grows Adverse to be much more extream in her Hate than before she had been in her Love. The Young Lady Violantis tried indeed to tast of Happiness after this Loss of her First Husband and was again m Elias Reasnerus ΒΑâ—ΙΑΙΚΩΠGenealegici Auctarium p. 196. Married to Otho Palaeologus Marquess of Monferrato But she did not long enjoy him neither for he was stabb'd by the hands of a base Hostler on the Mountains of Parma III. Before these things fell out namely on the n M.S. Rot. Par. p. 100 c. Sr. Rob. Cotton p. 105. 24 of February King Edward had issued forth his Summons for his Parliament to sit at Westminster on the First Day of May then next ensuing On which Day being a Monday Dr. Simon Langham Archbishop of Canterbury declared to the Lords and Commons then assembled in the Painted-Chamber that it was His Majesties Pleasure to adjourn them to the Thursday following At which time the said Arch-bishop in Presence of the King Lords and Commons then all assembled in the said Painted-Chamber declared how the King yielded unto God Almighty his most hearty Thanks for having given him Victory over all his Enemies also for the peaceable and flourishing Condition of his Realm and for the great Loyalty of his Subjects and their constant Readiness to serve Him both in Body and Goods all which Blessings as he desired what in him lay to continue or rather to encrease so that he might the better succeed in that Resolution he had at this time called his Parliament to confer with them in Matters relating to the Premises So the remainder of that Day was spent in appointing Receivers and Tryers of Petitions for England Ireland Wales Scotland and Gascogne with other Foreign Places and Isles The next Day the said Arch-bishop declared how after a long Treaty between the Kings Commissioners and David Bruce King of Scotland King David at last made this Offer To preserve a perpetual Peace with England so that he might freely enjoy to Him and his Heirs for ever the whole Realm of Scotland in Fee without any Subjection or Vassalage which might be accounted a perpetual Reproach to that Kingdom Of which Terms of Peace the Lords and Commons being demanded their Advice gave in their Answers severally that they could not assent to any such Peace without Disherison of the King and his Crown and to the great Danger of their own Souls as who were sworn to uphold and maintain the same to their Power After which the said Arch-bishop in the Kings Name gave thanks to the Three Estates for their ready Compliance in assisting the Kings Wants by their Aids and Subsidies and shew'd them farther how at that time the King stood in as great need of a Considerable Supply as ever Whereupon the Lords and Commons granted unto the King for two Years of every Wooll-Pack 36 s. 8 d. for every Twelve Score of Fells as much and of every Last of Skins 4 l. over and above the usual Custom of 6 s. 8 d. for every Wooll-Pack and the same for every Twelve Score of Fells and of 13 s. and 4 d. for every Last of Skins Then certain New Statutes were prepared and made Law by the King and certain Old ones explained and confirmed as may be seen in the Printed Books referring to those Days which for the most part agree exactly with the Records The Londoners by their Representatives desired that no Foreigner should retail any Merchandise as Wine or any other Provision but this was not granted On the 21 of May the King gave Thanks to the Lords and Commons for their Coming and Aid granted and that Day all the Lords and sundry of the Commons dined with the King. After which Dinner Sr. John Leigh was brought before the King Lords and Commons such as dined there to answer certain Objections made against him and first to the Complaint of William Latimer as followeth The King had granted the Wardship of Robert Latimer the Son and Heir of Sr. Robert Latimer with certain Mannors during his Minority to Dr. Robert Wyvill Bishop of Sarum which Estate descending to the said William Latimer the King afterward granted to Sr. John Leigh during the said William's Minority The said William surmised that the said Sr. John being then Steward of the Kings House and of Power sent for him to London where by duress of Imprisonment he compelled the said William to surrender his Estate up into his Hands But the same Sr. John by Recognisance excuseth himself for that the Grant was made unto him which was not allowed foâ—â—hat the said William was not put out by due Process of Law. Another Matter was objected against the said Sr. John forasmuch as during the time he was Steward of the Kings House he should cause sundry Men to be attached and to come before him as before the Kings Council in such Places as he pleased where being out of Council he caused Men to answer as in Council And that he as Steward having Authority only within the Verge did notwithstanding cause sundry to be attached out of the Verge as John Goddard and Others making them to answer in the Marshalsea for things done out of the Verge and other some he had committed to the Tower of his own Authority as John Sibill Edmund o Urdsales Sr. Rob. Cotton Vrdsalls and others That he had also of his own Head against the Justices Command discharged out of Newgate Hugh Lavenham Purveyor who had appealed sundry Men of Felony That he had bargain'd formerly with Sr. Nicolas Lovaine for the Keeping of the Mannor of Raynham in Kent the which the said Sr. Nicolas claimed to hold during the Minority of the Son and Heir of John Staunton whereas the said Sr. John Leigh knew that the said Mannor was holden of the King in Capite as of the Castle of Dover Of all which Points because the said Sr. John could not purge himself he was
conceived during the servitude of his Father q Inst de pa. po §. fi d. c. patrem he shall not be in the Power of his Grandfather because the Grandfather receiveth Power over the Nephew by the Father Here then he was free when he begat him of whom the question is made but afterwards he became r Vid. the Words of Joh. in his Collect. because the Book which I have seen is very false a slave And this maketh against the King of England For admitting that he might have Right in the Kingdom of France yet it is by no other way but by his Mother as the same King acknowledgeth But the Mother is disabled to succeed in the Kingdom Ergo. c. Also the Mother when living claimed nothing as in Right she could not therefore 't is impossible that King Edward should have any Right For it is hard and repugnant to reason that a Man should come to the extreams but by the Meane as it is expressed Å¿ Incip Vaam Sanctam in the Extravagant of Pope Boniface And hereof I have spoken in * C. Cum Marthâ— de Celebr Mis another place For if ye exclude him from whom I have or may have Title you t C. quamvis de sen re judicat do thereby also exclude me And if the Grandchild should succeed by the Person of his Mother she being excluded he cannot come in as in the Case propounded u Guliel Durandi in speculo Juris tit de Success ab Intest Versic Quid si Speculator hath also noted Thus far against England Here follow Arguments for King Edward's Right to the Crown of France To the Contrary for King Edward these Proofs do stand And First We may be induced to be of Opinion that the Statute beforemention'd should not be of force For that the Daughter should succeed in the Inheritance of her Parents it is a Precept of the Law of God as it is expressed Numbers XXVII V. 6 7 8. upon Petition of the Daughters of Zelophehad whereto served that of Tobit VI. V. 11. 12. It is also a Precept of the Law of Nature which x Auth. de Her. falc §. semper ibid. Glo. noâ— in ver filiis ff de Bon. Damnatorum l. cum ratio ibi similiter bena Gloss in verb. Parentes is also confirmed by the Canon Law and by the last Civil Law whereby all difference of Sex and of Kindred whether by Father or Mother is taken y D. Auth. post Liberos away Therefore seeing it is against the Law of God the Law of Nature the Law Canon and Civil to exclude a Woman from Succession to a Kingdom which is carried in Course of Succession by Right of Blood as the z In C. Grandi de sup negl prael lib. VI. Law expresseth and as Baldus after Inno a In Repertorio suo super Inno. in verb. Rex questione 2. firmly holdeth it followeth that this Statute is not of any strength in b Arg. Inst de Jur. Nat. Gent. Civili §. sed Naturalia ff de sepulchro viclato l. 3. §. Divus funct nâ—tat Bartholi in lâ—omnes populi in 3. quaest Principali suae Repetitionis ubi videte notat Cy. C. de precibus imp offerend l. rescriptum q. 3. unà cum notat Joh. Fabri in d. §. sed Naturaliq Law. But admitting that this Statute should be of strength yet shall it not hurt King Edward that his Mother althô disabled thereby should the less transmit the Right of Royalty unto him This is plain For where there is Ability in regard of the Common Law althô there be a Disability by a special Law yet this Impediment of Disability shall not be any hindrance that a Right should not be conveyed by such a disabled Person to another as appeareth by the Law where c ff de Legatis praestand l. 3. §. sed si proponas a Stranger being of Ability by the Common Law althô disabled by special Law to receive a Benefit by Title there expressed yet he transmitteth that Benefit to another Therefore seeing Isabell is of Ability by Common Law as it is manifest by the Premises althô I should confess that she is disabled by special Law of the said Statute yet this Right of the Kingdom may be carried from her unto King Edward Again by a Disabled Meane so it be not altogether of no Ability a Right may d ff Quod cujusque Vnivers nomine l. item eâ—rum §. si Decurienes be transmitted to another which the Interpreters of the Law do note in handling the Question of a Procurator not enabled having a Warrant to make a e Joh. And. in de Religiosis in fi de Procur ubi etiam Gessal in in verb. substituere Paulus in verb. Commissum Card. ext de usur c. 2. junct in c. fi de Procur Substitution But here the Meane which is Isabell is not altogether of no Ability as appeareth by that which hath been said Therefore c. And that Isabell being the Meane is not altogether disabled by the Statute whereof we spake it is plain For the Right of a Kingdom is carried by way of Inheritance in respect of the Royal Blood as it appeareth by that which hath been alledged and said in the First Reason of this part But the Right of Blood cannot by any Covenant of Man by any Civil Law be altogether broken or determin'd against Therefore the Right of Royal Blood which is in Isabell remaineth still enabled at least in Habit and Power to this Kind f Ar. l. Jus Agnationis ff de pactis l. Jura sengainis ff de Reg. Jur. l. Abdicatic C. de patrià petestate of Succession It seemeth also that this Royal Blood in Isabell is considerable two ways One as Royal Blood another as Royal Blood qualified Therefore althô such Blood may be said to be disabled from Succession to the Kingdom in regard it is in a Woman yet can it not be so said in regard that it is simply g Arg. l. Celsus ff de Arbitris Royal In which regard it shall be esteem'd of Ability to transmit and carry a Right to another But althô I should confess which yet I do not that by such Statute the Mother is altogether disabled from Succession yet it seemeth We may hold that King Edward is to be admitted to the same Right And that by a notable Law h ff ad Tertull. l. 2. §. fi where it is said that althô the Mother be incapable of the Succession there mentioned yet others who are descended of her must be admitted as if the Mother were not For that must not hurt or prejudice which cannot help or benefit a Man Ergò c. Yea althô We should grant that the Mother is so disabled that she can transmit no Right unto King Edward yet may he make claim from his
Durham another of Suffolk and another Archdeacon of York another Prebendary of Thame and Nassington another Prebendary of Yorkes in the Dioecese of York have divers other the best Dignities in England and have sent over Yearly unto them 20000 Marks over and above that which English Brokers lying here have That the Pope to ransom Frenchmen the King's Enemies who defend Lombardy for him doth always at his Pleasure levy a Subsidy of the b In M.S. Sr. Rob. Cotton legitur Holy. Whole Clergy of England That the Pope for more Gain maketh sundry Translations of all the Bishopricks and other Dignities within the Realm That the Pope's Collector hath this Year taken to his Use the First-Fruits of all Benefices That therefore it would be good to renew all the Statutes against Provisions from Rome since the Pope reserveth all the Benefices of the World for his own proper Gift and hath within this Year created Twelve new Cardinals so that now there are Thirty whereas there were wont to be but Twelve in all and all the said Thirty Cardinals except Two or Three are the King's Enemies That the Pope in time will give the Temporal Mannors of Dignities to the King's Enemies since he dayly usurpeth upon the Realm and the King's Regality That all Houses and Corporations of Religion which from the King ought to have free Elections of their Heads the Pope hath now c Vid. Skinner's Etymolog accroached the same unto himself That in all Legations from the Pope whatsoever the English Clergy beareth the Charge of the Legates and all for the Goodness of our Money It also appeareth that if the Money of the Realm were as plentifull as ever the Collector aforesaid with the Cardinals Proctors would soon convey away the same For Remedy whereof it may be provided that no such Collector or Proctor do remain in England upon pain of Life and Limb and that on the like Pain no Englishman become any such Collector or Proctor or remain at the Court of Rome For better Information hereof and namely touching the Pope's Collector for that the Whole Clergy being Obedient to him dare not displease him it were good that Dr. John Strensall Parson of St. Botolphs in Holborn may be sent for to come before the Lords and Commons of this Parliament who being straightly charged can declare much more for that he served the same Collector in House five Years The Commons require that the Statute made in 14 Ed. 3. that the King's Ward should be committed to the next Heir of the Ward to whom the Lands cannot descend he yielding therefore as much as another would might be confirmed The King granteth thereto saving his Regality That time of Prescription in Writ of Right may be from the Coronation of King Edward the First and in Writs of Mort D'Auncester nuper Obiit d In hec lâ—co jus Cognationis significat Cosenage c Vid. Cowell in hac vece Ayel and such other Writs may be from the Coronation of the King now being The King will be advis'd for Changing the Law heretofore used That no Alien do enjoy any Living that hath Cure or requireth Residence This Bill is answer'd before in the two long Bills of Rome For that Errors had before Justices of Assise are Revocable before the Chief Justice of the Common Pleas they require that the Chief Justice there be appointed no Justice of Assise The King granteth when the Number may spare him That a General Pardon may be of all Misprisions and Intrusions made into any Lands holden of the King in Chief The King will shew Favour where him liketh That they may have an Action of Account against the Executors of the Guardian in Soccage The King will be advised untill next Parliament That Restitution may be made to Englishmen Farmers of any Religious Aliens House Touching Farmers abovesaid the King granteth so it concern Priors Churches Conventual Collegiate and Parochial but for English Governours the King will be advised That no Special Grant be made to any Man for singular Profit which may redound to the Disadvantage of the King or Realm Let them declare themselves more particularly That the Statute made for Buyers in f Inter Statuta Gallica M.S. Câ—ll Eman. ipud Cantabr ut Statata Anglica impressa nil tale occurrâ—â— sed potrus reseruntur ad An. 27. Ed. 3. c. 10. 36 Ed. 3. tit 10. c. may be kept and that Justices of the Peace may enquire of the same The Statutes therefore made shall stand and the Justices of the Peace shall determine the same That an Infant within Age levying a Fine may have Respit two or three Years after his full Age to reverse the same The King will be advised That no Alien be made Head of any Religious House belonging to Aliens and that during the Wars all French Religious Persons may be banished the Realm To this nothing was done Certain being taken Prisoners and unable to ransom themselves viz. Sr. Matthew Gournay Sr. Matthew Redmayne Sr. Thomas Fowkes Sr. John Harpedon Sr. Gregory Say Sr. Geoffry Werkesley Sr. Robert Twyford Sr. John Bourchier and divers other Good Knights and Esquires pray the King to ransom them The King is willing to do for their Comfort as far as Reason would The Commons of the County of Devon for divers Oppressions done by the Officers of the Stanneries there under Colour of their Liberties require the King by Parliament to explain his Grant to them made which being divided into particular Branches is done but too long to be here abridged The like Bill did the Commons of Cornwall exhibit for the Liberties of their Stanneries the Grant and Answer agreeing with the preceding but that also is too long for this Place The Commons of the County of Cumberland require Aid of the King for the Repairing the City of Carlile being in a manner spoiled and fallen down for that the Townsmen are not able to do the same and also for the Appointing of one to be Warden of the Marches there The Bishops and Lords together with the Earl of Warwick and Sr. Guy Bryan shall assemble and appoint reasonable Order therein The Inhabitants of the Port Towns in England pray that whereas it often happens that a Man or a Boy being in one of their Ships or other Vessels and by misadventure falling therefrom is drowned their Ship or Vessel is thereupon seised as a Deodand and that therein Remedy may be had If the Vessel be upon the Sea it shall be adjudged no Deodand if upon the Fresh-Water let the Owner complain to the King who will extend Favour The Watermen of London complain of leaving of Locks Stanks and Weares upon the River of Thames and namely of a Lock called Hamelden-Lock and for that there is Custom demanded of them passing the Bridges of Stains Windsor and Maiden-head and other Locks against their Franchises As for the Locks and Kidels the Statute made in the
when the News of this Treason was brought to the Lord Thomas Felton and the Captal of Busche These two Lords were mightily surprised at this Treachery of Sr. Thomas Batefoile but they said however they would be present at the Delivery of the Town by the Grace of God. And so before it was light they rode from Bergerac towards la Linde whither they came by break of Day and having caused the Gate to be open on that side rode quite thrô the Town in silence till they came to the other Gate where the Frenchmen were to enter at which very instant the Gate was opening for the French and Sr. Thomas Batefoile stood ready to receive them Then Sr. John Greilly Captal of Busche alighted from his Horse and stept forward with his Sword in his Hand to the Gate and said Ah! thou Perfidious Traitor Batefoil thou shalt first die by my hand and never more commit Treason against thy Good Lord and Master And with those Words gave him so sure a Blow that he fell Dead to the Earth When the Frenchmen perceived the Captal and his Banner and Sr. Thomas Felton with him they saw plainly how their Plot was discovered whereupon they hastily withdrew from the Gates like one that found a Lion in his way and then turn'd their Backs and fled to their main Host Then were the Gates closed again for none pursued them because of their great Army which lay near and so the Town continued English but was in great Danger of being plunder'd and burnt by these Captains who were enclin'd to do so and to put all the Inhabitants to the Sword because they consented to this Treason But they excus'd themselves by laying all the Fault upon Sr. Thomas Batefoile who they said over-aw'd them to it by Threats and how they did nothing but for Fear being compelled thereto and so at last they were pardon'd But these two Lords tarried there till the Duke of Anjou had remov'd his Siege and taken another way as we shall shew when we have cleared our Hands of other Matters which naturally fall in at this Place XIV On the h Hector Boet. l. 15. f. 327. n. 50. Buchan l. 9. p. 306. Holinsh Scotl. p. 244. Odor Rainal ad hunc ann §. 27. Favine le Paris Theatre of Honour l. 5. c. 3. p. 89. Seventh Day of May David Bruce King of Scotland departed this Mortal Life at his Castle of Edenburgh leaving no Lawfull Issue behind him wherefore the Lord Robert Stuart Eldest Son of the Lady Margaret aliàs Margery his Eldest Sister by True Right of Succession came to the Crown and Kingdom of Scotland Which have ever since continued in that Glorious Family down to our Most Gracious Sovereign His Present Majesty King JAMES the Seventh of Scotland and of England the Second To whom may God Almighty grant a Long Happy and Victorious Reign and of his Race and Name to wear the United Crowns of Great Brittain till all Earthly Kingdoms shall be swallowed up in the Eternal Kingdom of Heaven The Original of this Illustrious Family is thus traced by i Favine le Paris l. 5. c. 3. p. 89. c. Favine in his Theatre of Honour Banquho who was Thane i. e. President or Governor of Loquhaber in Scotland being slain by the Tyrannical Usurper Mackbeth his Son Fleance made shift to escape into Wales where of the Daughter of Prince Griffith he begat a Son named Walter and Sirnamed also Banquho as his Grandfather was At that time the Arms of this Family are said to have been Or a Fefs Checkie Argent and Sable of Four Pieces This Walter long after the Death of Mackbeth returning into Scotland fought valiantly for his King against the Island Rebels and the Savages of Scotland and was in recompence of his extraordinary Vertue and eminent Services made Great Provost and Treasurer of the Houshold Royal which the Scots signifie by the Name of Stuart or Steward And he so faithfully discharged the Trust reposed in him without the least Reproach or Embezling of the Kings Money that the Sirname of Stuart was imposed on him and transmitted to all his Posterity Walter begat Alan Stuart who was in the Expedition of Godfrey of Boulogne Alan begat Alexander I his Son was Walter who begat Alexander II and Robert Stuart by whom the Family ran into many Noble Branches Alexander the II Eldest Son of Walter the II begat John Stuart James and other Children by whom Scotland hath been replenished with a Numerous Encrease of Generous Souls John Stuart Eldest Son of Alexander the Second left one Daughter named Jane Stuart who brought unto her Husband the Lord of the Isle of Bute Walter Stuart Third of that Name who taking to Wife the Lady Margery Eldest Daughter to King Robert the First and Sister to King David Bruce gat of her this Robert Stuart King of Scotland by the Name of Robert the Second But because there is a gross Error in all the Scotch Historians concerning the immediate Successor of this King Robert of which many Wicked Men have in our days thought to make Advantage for the sake of Truth and Justice and the Honour of Majesty We shall here fairly state the Matter and faithfully and truly settle it It is the Assertion of all the Scotch Writers whom I have seen thô in some particulars they differ one from another that this Robert before he was King had by a certain Mistress named Elizabeth More Three Sons and Two Daughters that after by his Wife Euphemia Ross who was also Queen he had two Sons and a Daughter that upon the Death of his Queen his Former Mistress being then also by the Death of her Husband Giffard at Liberty was by him taken to Wife her Children legitimated and the Right of Succession by Act of Parliament settled first upon them This is the Effect of what the Scotch Writers say wherein there are many abominable Falsities as We shall make appear for We shall most evidently prove that the Lady Elizabeth More was his First and Lawfull Wife and died before he Married Euphemia that John who succeeded him by the Name of k When he came to the Crown he laid by the Name of John as unfortunate to two Kings of England and France and took upon him that of Robert Fortunate to his Father and Great Grandfather Robert Bruce Robert was his true and lawfully begotten Eldest Son and so reputed both by his Father and King David himself all along and that this Act for settling the Succession was only a Declaration of what was Right and Equity and done in the Life time of Queen Euphemia as is abundantly * P. 189. ad p. 201. made out in Sr. George Mackenzies Jus Regium and l Dr. Brady's True c. p. 309. ad p. 311. Dr. Brady's True and Exact History of the Succession of the Crown of England to whom I shall refer the Reader for the Original Record
and only set down here an Exact Translation of the said Record word for word that all the World may see upon what solid Grounds we go The Declaration Ordinance or Statute of the Succession to the Crown of Scotland made at Scone on the 4th of April in the Third Year of King Robert the Second Ano. Domini 1373. XV. In the Name of God Amen In the Year of the m Incarnationis ejusdem viz. Dei which went before Incarnation One Thousand Three Hundred Seventy Three and in the Third Year of the Reign of King Robert the Second the Fourth day of April the said King Robert the Second in his Parliament at Scone n Ac Cupiens c. sed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ac super fluum being desirous to avoid to his Power the Uncertainty of Succession which hath formerly happened in most Kingdoms and Parts and for him and his as much as may be to prevent it for the Future of Deliberate Counsel and with the Consent and Assent of the Prelates Earls Barons and other Lords and Nobles and of all others of the Three Estates or Communities of the whole Realm there Assembled hath Declared Ordained and o Statuit Established that the Sons of the said King now begotten of his First and Second Wives and their Heirs shall p Succesive succedent in order succeed the said King in the Kingdom and in the Right of Reigning in manner under-written and under the form and conditions under-written Videlicet that the Lord John the Eldest Son Earl of Carrick and Steward of Scotland for whose Right of Succession Declaration was fully made in the q Hoc Parliamentum fuit coactum Ano. 1372 c. Vid. Statuta Roberti 11. c. 17. §. 2 3 4. Parliament immediately preceding and his Heirs after his Death shall succeed him in the Kingdom and in the Right of Reigning And the said Lord John and his Heirs failing perchance which God forbid the Lord Robert Earl of Fife and Menteith Second Son of the said Lord the King by his First Wife and his Heirs shall in Order and immediately succeed in the Kingdom and in the Right of Reigning And the said Lord Robert and his Heirs r Hic inseritur hujâ—smodi â—ticsè ut mihi videtur also failing perchance which God forbid the Lord Alexander Lord of Badenagh the Third-begotten Son of the said Lord the King by the same Wife and his Heirs only shall in the same manner successively and immediately after their Death succeed in the Kingdom and Right of Reigning But the said Lord Alexander and his Heirs aforesaid failing also perchance which God forbid the Lord David Earl of Strathern Son of the said Lord the King begotten of his Second Wife and his Heirs they so failing Å¿ Ex toto integrum in jus 〈◊〉 tâ—to in regnum c. shall ex toto succeed in like manner successively and immediately to the Kingdom and Right of Reigning But the said David and his Heirs aforesaid in like manner perchance failing Walter Son of the said Lord the King Brother German of the said Lord David and his Heirs shall succeed in like manner to the Kingdom and the Right of Reigning But the foresaid Five Brothers and the Heirs from them descending failing perchance in like manner and t Ex toto wholly which God forbid the True and Lawfull Heirs of the Blood and Stock Royal shall from thence succeed to the Kingdom and the Right of Reigning Which things being thus Established Ordained Declared and Done all the Prelates Earls and Barons and all of the Three Estates or Communities of the whole Realm in the said Parliament for that and other things there Assembled did Ratifie and approve them for them and their Heirs for ever And notwithstanding those underwritten namely Prelates Bishops of Churches the Lord William of St. Andrews Michael of Dunkelden Alexander of Aberdeen Patrick of Brechin Alexander of Murray Andrew of Dumblane Alexander of Rosse and Malcome of Cathanes on the Holy Gospels of God being present and open and the underwritten Earls Barons and Nobles namely First the Elder Sons of the said King that are of Age viz. the Lords John Robert and Alexander and also the Lord William Earl of Douglas George of Dumbar Earl of Marche John of Dumbar Earl of Murray Thomas Hayes Constable of Scotland the Lord William Keth Marshal of Scotland James Lindscy Lord of Crawford Archimbald Douglas Lord of Galloway James Douglas Lord of Dalkeith Robert de Irskin Hugh de Eglington Duncan Wallais David Graham Walter of Haliburton William Dissington Alan de Irskin Alan u Ità lacunam hìc suppleo Frazer James Frazer Alexander Frazer Robert Stuart of Innerness Roger Mortimer David Fitz-Walter Patrick Graham Andrew Vaux John Wallais John Maxwell Andrew Campbell William de Cunningham the Son and John Straquhan Knights John Kennedy and Alexander Cockburn Esquires and each of them on the said Holy Gospels by their Hands touched have corporally sworn that for them and their Heirs they will inviolably observe and by others to their Power cause to be observed for ever the foresaid Declarations Ordinations and Statutes Consequently and immediately whereto the whole Multitude of the Clergy and People being specially thereto called in the Church of Scone before the High Altar and the foresaid Declaration Ordination and Statute so sworn-to being read unto them openly and aloud Every One with his Hand lifted up in manner of giving Faith in token of the Universal Consent of all the Clergy and People did express and manifest publiquely their Consent and Assent In witness of all which the foresaid Lord the King commanded his Great Seal to be put to the present Writing or Instrument and for the Greater Evidence and Fuller Security all the Bishops Earls Barons and Nobles aforesaid caused their Seals to be put to the said Instrument for the sake of Testimony and to the perpetual Memory of those that are to come Acta fuerunt haec apud Sconam in pleno Parliamento Domini Regis Praedictis Anno Mense Die. superiùs annotatis Now if the pretended Defect be true as to the Children begotten on the Body of Elizabeth More it was a very palpable and undeniable One and could not but have been unanswerably known to the whole Nation And how then can We imagine that the whole Parliament would so unanimously draw upon themselves the dreadfull sin of Perjury by Excluding the Lawfull Heir against their National Oath taken in the Reign of King Kenneth the Third whereby they swore for ever to own the Immediate Heir Or that they would thus venture to entail upon themselves a Civil War by preferring even a Questionable Heir after the Miseries which they had so lately felt in the Competition betwixt the Bruce and the Bailiol Nay among these Seals We find the Seal of James Douglas Lord of Dalkeith is One and how ridiculous is it to think that