I know and confessed to fore the same William all the Matters and Points I wrote that is wrot in this great Roll annexed to this Scedule the which Scedule and great Roll both Sealed under the Seal of the aforesaid William and all the Matters and Points I know that is declared and confessed by the foresaid Duke in the Castle of Caleys the foresaid Duke be his own Hand fully and plainly I wrot delivered it to the same William Rickhill in the presence of John Lancaster and John Lovetot and all that ever the foresaid William Rickhill dede touching this Matter it was I doe that is done in the presence of the foresaid John and John and in none other manner I Thomas of Woodstok 9 9 Ibm. the Zer of my Lord the King twenty one be the vertue of a Commission of my Lord the King the same Zer directed to William Rickhill Justice the which is comprehended more plainly in the foresaid Commission knowleche that I was one with sterynge of other Men to assent to the making of a Commission in the which Commission I among other restreyned my Lord of his freedome and took upon me among other Power real that is Royal truly not knowing â—e witting that time that I did against his Estate nor his Royalty as I did after and do now And forasmuch as I knew afterward that I had done wrong and take upon me more then me ought to do I submitted me to my Lord and cried him Mercy and Grace and yet do as truly and as meekly as any Man may and put me high and low in his Mercy and in his Grace as he hath always been full of Mercy and Grace to all other Also in that time that I came Armed into my Lord's presence and into his Palace howsoever that I did it for drede of my Life I knowlech for certain that I did Evil and against his Regalte and his Estate wherefore I submit me lowly and meekly to his Mercy and to his Grace Also in that I took my Lords * * At Râ—dâ—â—t Bridge Letters of his Messages and opened them against his leave I knowlech that I did Evil wherefore I put me lowly in his Grace Also in that that I sclaundred my Lord I knowlech that I did Evil and Wickedly in that that I spake to him in sclaunderous wise in audience of other folk bot by the way that my Soul shall too I meant none Evil therein nevertheless I wot and knowlech that I did evil and unkindly wherefore I submit me high and low in his Grace Also in that I among other communed and asked of certain Clerks whither that we might give up oure Homage for dread of our Lives or not and whither that we were assentid thereto for to do it trewly and be my troth Ine have now none full mind thereof that is he did not remember it but I trowe rather yee then nay wherefore I submit me high and low evermore in his Grace Also in that that I was in place there it was communed and spoken in manner of deposal of my Liege Lord trewly I knowlech well that we were assentid thereto for two days or three and then we for to have done our Homage and our Othes and put him as highly in his Estate as ever he was but for south that is sooth there I knowlech that I did untrewly and unkindly as to him that is my Liege Lord and hath been so good and kind Lord to me wherefore I beseeche to him notwithstanding myâ— unkindnesse I beseche him evermore of his Mercy and of his Grace as lowly as any Creature may beseche it unto his Liege Lord. And as of any new thing or Ordenance that ever I should have witting or known ordained or assentid privy or appert that should have been against my Lord's Estate or his Lust that is Will or any that longeth about him syth that day that I swore unto him at Langeley on God's Body trewly and by that Ooth that I there made I never knew of gathering against him ne none other that longeth unto him And as touching these Points that I have made Confession of to for William Rickhill Justice in the which I wot well that I have offended my Lord unkindly and untrewly as I have said before how that I have in all these Points offended him and done against him trewly and as I will answer before God it was my meaning and my weaning that is weening or thinking to do the best for his Persone and for his Estate Nevertheless I wot well and know well nowe that my Deeds and my Workings were against my intent bot by the way that my Soul shall to of these Points and of all other the which that I have done of negligence and of unkunning it was never myne intent ne my will ne my thought for to do thing that should have been distresse or harmeing against salvation that is safety of my Liege Lords Persone as I will answere before God at the Day of Judgment And therefore I beseech my Liege and Soveraign Lord the King that he will of his high Grace and Benignity accept me to his Mercy and his Grace as I that put my Life my Body and my Goods wholly at his Will as lowly as meekly as any Creature can do or may do to his Liege Lord beseeching to his high Lordship that he will for the Passion that God suffered for all Mankind and the Compassion that he had for his Mother on the Crosse and the Pitty that he had of Mary Magdalen that he will vouchsafe for to have Compassion and Pitty and to accept me to his Mercy and to his Grace as he that hath ever been full of Mercy and of Grace to all his Lieges and to all other that have nought been so nigh unto him as I have been though I been unworthy After this Return to the Commission had been read the Apellants prayed That William Rickhill approved for his Loyalty and William Rickhill declares in Parlement the manner of the Duke of Glocester's Confession Discretion might be commanded by the King upon his Ligeance to declare the truth touching this Confession who in the presence of the King the Lords Spiritual and Temporal and Commons in Parlement said and declared That about Eight of the Clock before Noon he came within the Castle of Caleys to the Duke of Glocester being then in good Memorie and out of Prison esteant alors en bone memorie hors de duresse de prison and shew him the Commission and the cause of his coming to him in the presence of John Lancaster and John Lovetoft and prayed him that what he had to say he would put down in Writing and then departed Then returning to him about Nine of the Clock afternoon the same day the Duke read in writing the said Confession with his own Mouth and gave the same to William Rickhill with his own Hand And further William Rickhill said to
he was very Angry especially because they desired him to be under Good Government but by Divine Providence and the Resistance and Power of the said Lords the King could not bring his Design to effect Thirdly When the Lords 3 3 Ibm. n. 20. Temporal in Defence of themselves resisted his Malice and Craft the said King prefixed a Day for the Parlement to do them and others Justice who upon Faith and Confidence therein remained quietly in their own Houses the King privately with his Letters or Commission sent the Duke of Ireland into Cheshire to raise Arms against the said Lords Great Men and Officers of the Commonwealth Publickly exciting his Banners against the Peace he had Sworn to from whence Homicides Captivities Dissentions and other infinite Evils followed in the whole Kingdom for which cause he incurred Perjury Fourthly That although the said 4 4 Ibm. n. 21. King had Pardoned the Duke of Glocester the Earls of Arundel and Warwic and all their Assistants in full Parlement and for many Years had shewn chearful Signs of Peace and Love towards them yet the same King always bearing Gall in his Heart taking Opportunity caused to be seized the Duke of Glocester and the said Earls of Arundel and Warwic and sent the Duke to Calais to be imprisoned under the Keeping of the Earl of Nottingham one of his Appellants and without Answer or lawful Process caused him to be strangled and inhumanly and cruelly murdered The Earl of Arundel Pleading his Charter of Pardon and Demanding Justice in Parlement was encompassed with great Numbers of Armed Men and had his Head Damnably struck off and committed the Earl of Warwic and Lord Cobham to Perpetual Prison confiscating their Lands against Justice the Laws of the Land and his express Oath giving them to their Appellants Fifthly At the time 5 5 Ibm. n. 22. when in his Parlement he caused the Duke of Glocester and Earls of Arundel and Warwic to be adjudged that he might more freely exercise his Cruelty upon them and in others fulfil his injurious Will he drew to him a great multitude of Malefactors out of the County of Chester who marching up and down the Kingdom with the King as well within his own House as without cruelly killed his Lieges beat and wounded others plundering the Goods of the People refusing to pay for their Victuals violating and ravishing Men's Wives and other Women And although Complaints were made to the King of these Excesses yet he took no care to apply Remedy or do Justice in them but favoured those People in their Wickedness confiding in them and their Assistance against all others of his Kingdom wherefore his Good Subjects had great matter of Commotion and Indignation Sixthly Though the said 6 6 Ib. n. 23. King caused Proclamation to be made through the Kingdom That he caused his Unkle the Duke of Glocester and the Earls of Arundel and Warwic to be Arrested not for any Rebellious Congregations or marching with Horse within the Kingdom but for many Extorsions Oppressions and other things done against his Regality and Royal Majesty And that it was not his Intention that any of their Company at the time of the Congregation and Marchching with Horse aforesaid should for that Reason be Questioned or Disturbed Yet the same King afterwards in his Parlement Impeached the said Lords not for Extorsions Oppressions or other things aforesaid but for Rebellious Tumults and Congregations and Marching with Horse adjudged them to Death and caused many of their Company for fear of Death to make Fine and Ransom as Traitors to the great Destruction of many of his People and so he craftily deceitfully and maliciously Deceived the Lords their Followers and People of the Nation Seventhly After many of these 7 7 Ibm. n. 24. Persons who had paid their Fines and Ransoms and had obtained his Letters Patents of full Pardon yet they received no Benefit by them until they made new Fines for their Lives by which they were much impoverished And this was much in Derogation to the Name and State of a King Eightly In the last 8 8 Ibm. n. 25. Parlement holden at Shrewsbury the same King propounding to Oppress his People subtilly procured and caused to be granted That the Power of Parlement by Consent of all the States of the Kingdom should remain in some certain Persons who after the Parlement should be Dissolved might Answer the Petitions depending in Parlement then undetermined under pretence whereof they proceeded to other General Matters touching that Parlement ac-according to the King's Will in Derogation to the State of Parlement great Disadvantage to the Kingdom and a pernicious Example And that these Actions might seem to have some Colour and Authority the King caused the Rolls of Parlement to be changed and blotteed contrary to the Effect of the Grant aforesaid Ninthly Notwithstanding the said King at his 9 9 Ibm. n. 26. Coronation sware That he would do in all his Judgments equal and Right Justice and Discretion in Mercy and Truth according to his Power yet the said King without all Mercy rigorously amongst other things Ordained under great Punishments That no Man should intercede with him for any Favour toward Henry Duke of Lancaster then in Banishment in so doing he acted against the Bond of Charity and rashly violated his Oath Tenthly That though the 1 1 Ibm. n. 27. Crown of England the Rights of the Crown and Kingdom it self have been in all times so Free as the Pope or any other Foreign Power had nothing to do in them yet the said King for the confirming of his erroneous Statutes supplicated the Pope to confirm the Statutes made in his last Parlement whereupon he obtained his Apostolic Letters or Bull wherein were contained grievous Censures against all such as should presume to contravene them All which things are known to be against the Crown and Royal Dignity and against the Statutes and Liberty of the Kingdom Eleventhly Though Henry now Duke of Lancaster 2 2 Ibm. n. 28. by the King's Command exhibited his Bill or Accusation against the Duke of Norfolk concerning the State and Honour of the King and duly prosecuted it so as he was ready to make it good by Duel and the King had ordered it yet the same King put it by and without any lawful Cause Banished the His own Father John D. of Lancaster was the First Commissioner in this Judgment in Parlement See Pleas of the Crown 21 Ric. II. Duke of Lancaster for Ten Years against all Justice the Laws and Customs of the Kingdom and the Military Law Damnably incurring Perjury Twelfthly After the said King had graciously granted 3 3 Ibm. n. 29. to the now Duke of Lancaster by his Letters Patents That while he was in Banishment his Attorneys might sue for Livery of any Inheritance might fall to him for which Homage was due which should be respited for a
Tenent of the Land to be adjudged to Prison a year and day for Cheating the King and Court and if the Deceit be found in a Plea of Debt or Trespass upon Attaint the Defendant shall be punished to the King and pay Damages to the Plaintiff 38. Also it was Ordained the great Charter of Franchises and the Charter of the Forest of King Henry the Son of King John should be holden in all Points and if there were any Points doubtful in them they were to be declared next Parlement after this by the Baronage Justices and other Sages of the Law and this was to be done after this manner because it was not in their power for want of time 39. That the Chancellor Treasurer Chief Justices of one Bench and the other Chancellor of the Exchequer Treasurer of the Wardrobe Steward of the Houshold all Justices Sheriffs Escheators Constables Inquirers into any Matter whatsoever it was and all other Bayliffs or Officers of the King should be Sworn when they received their Offices to keep and observe all the Ordinances made by the Prelates Earls and Barons chosen and assigned for that purpose and every one of them without doing any thing to the contrary 40. Also it was Ordained That in every Parlement there should be assigned One Bishop Two Earls and Two Barons to hear and determine all the Complaints of those that would impeach the King's Ministers whosoever they were for doing any thing contrary to these Ordinances and if all the Parties assigned could not attend to hear and determine these Plaints then Three or Two of them might and punish such as should be found to have acted contrary to these Ordinances to the King and to the Complainants according to their Discretions 41. Also they Ordained That the Ordinances abovesaid should be maintained and kept in all their Points and that the King should cause them to be put under his great Seal and sent into every County of England to be published and firmly observed as well within Franchises as without and in like manner the Warden of the Cinque-Ports should be sent to that he should publish them to be kept through his whole Jurisdiction Then follows the King's Confirmation WE these same Ordinances shewed to us and published on Monday The Ordinances confirmed by the King next before the Feast of St. Michael last past do Agree unto Accept Confirm Will and Grant for us and our Heirs That all the said Ordinances and every one of them made according to the Form of our Letters Patents shall be published and hereafter firmly observed and kept In Witness whereof we have caused to be made these our Letters Patents Given at London the 5th day of October in the 5th year of our Reign In the Parlement Roll 't is not entered or any mention made of the Protestation the King made when he confirmed these Ordinances 6 Pat. 6 Ed. II. part a. M. 20. intus Ril Plac. Parl. f. 541. That is to say That if they contained any thing to his Damage or Prejudice or contrary to the Commission granted to the Ordainers Eapro non concessis non confirmatis haberentur those things were not granted or confirmed reserving The King's Protestation that if the Ordinances contained any thing to his damage it should be void to himself in that Protestation Power by good Advice of the Ordainers and others to correct and amend the same as was more fully contained in a Publick Instrument made of this Protestation The Summons to this Parlement wherein these Ordinances were confirmed were Dated at 7 Cl. 4 Ed II. M. 1. Dors A Parlement summoned to confirm these Ordinances Berwick upon Twede the 16th day of June in the 4th of Ed. II. for it to meet the Sunday before St. Laurence or the 10th of August which was in the 5th year of his Reign at London In the mean time there 8 Cl. 5 Ed. II. M. 31. Dors A Quarrel between two Barons happened divers Debates and a Quarrel between Two Barons Nich. de Segrave and William Marshall who took Arms on both sides and engaged their Friends and Confederates so to do intending to come to this Parliament with a Multitude of Armed Men 9 Ibm. They intend to come to the Parlement with a number of Armed Men on either side The King forbids them The King taking notice it would be in Contempt of him the Hindering of the Dispatch of Business to the Terror of the People and Disturbance of the Peace sent his Prohibition to them Commanding them upon their Faith and Homage and forfeiture of their Lands and Tenements and all they could forfeit they should not come to the Parlement so Armed or in any other manner than they and others use to come in the time of his Father Witness the King at Berwick upon Twede July 20th After the Articles had been confirmed several of the Prelates Earls and Barons thought it had been a long Session and made it their 1 Cl. 5 Ed II. M. 25. Dors The Continuation or Prorogation of this Parlement Request to the King they might retire into their own Countries by whose Advice or Assent he continued the Parlement unto the Friday next after the Feast of All-Saints at Westminster Parliamentum illud usque in diem Veneris proximum post festum omnium sanctorum celebrandum duximus continuandum and gave Leave to some of the Prelates Earls and Barons in the mean time to go home Et quibusdam de Praelatis Comitibus Baronibus licentiam concessimus se interim ad propria divertendi commanding 2 Ibm. them to be at the time and place aforesaid and further commanding the Arch-Bishop of Canterbury That he should give notice to the Deans and Priors of 3 Ibm. Cathedral Churches also the Abbots and Arch-Deacons in their own Persons and the Clergy of the whole Province by their Proctors to be in that Parlement 8 days after St. Martin Witness the King at London the 8th day of October But this short time as he thought for the Summons of his Clergy 4 Ibm. pleased not the Arch-Bishop and therefore the King if there might be any Words in that Writ 5 Ibm. prejudicial to him and his Church promised they should be amended in Parlement and gave him Leave to Direct his Clergy to be at the Parlement Fifteen days or Three weeks after St. Martin according to his Discretion Witness the King at Eltham the 24th day of October The Arch-Bishop without doubt took the longest time and accordingly others of the Prelates Earls and Barons delayed their coming until the Clergy should meet unless there were a further continuance of the Parlement which I find not for on the 28th of November the King issued his 6 Cl. 5 Ed. II. M. 22. Dors The great Earls intended to come to Parlement with Horse and Arms. The King Commands them not to come in such manner Writs to Gilbert of
the Great Men that adhered to him to have pillaged plundered and burnt the City knowing all the poor People were with him 1 Ibm. There were three several Charters sent but none pleased him The King at last sent to him that he would come and treat with him about the Articles he insisted upon to have inserted in the Charter and when the Messenger desired him to make haste he bid him if he were so much in haste return to the King he would come when he pleased 2 Ibm. When he came with his Multitude behind him into Smithfield where the King was he behaved himself with such intolerable Rudeness toward the King and those about him and making such Demands as could not be granted the King commanded William Walworth Major of London to Arrest him who with great Courage struck him a Blow on the Head with which he sunk upon his Horse Wâ—t Tiler k 〈…〉 kt down by the Major of London and killed and others of the King's Servants and Citizens thrust him thro' the Body in divers places when he fell dead off his Horse almost under the King's Horse's Feet 3 Ibm. who finding his Followers much moved at their Captain 's Death lest they should proceed to do further Mischief rode up to them with his Military Men and Friends about him and spake to them not to be troubled for the Death of such a Rogue and Traytor telling them he was their King and would be their Captain and Leader bidding them follow him into the Fields where they should have what they would ask In the mean time the Major of London got 1000 Men into Arms and put Sir Robert Knolls at the Head of them His Followers lay down Arms and beg pardon who marching into the Fields in good Order so daunted the Rustic Rebels that they threw down such Arms as they had laid themselves upon the Ground and begged Pardon 4 Ibm. Whereupon Proclamation was immediately made in London that the Citizens should have no Correspondency with them nor permit any one of them to come into the City The Military Men about the King ask him to permit them to serve the Rebels as they had served others to cut off an Hundred or two of their Heads He would not consent lest the Innocent might suffer The King 's great Mercy to them with the Guilty many having been drawn in by Fear and such fair Pretences as they could not know but they might be Good and Loyal And beyond this unknown Mercy he sent them the Charter he had Granted to those of Essex and other Countries At the same time and on the same Days 5 Wals f. 254 255 256 257 c. The villainous Practices of those about St. Albans the Tenents and Villains of the Abby and the Townsmen of St. Albans with the Rustics of the whole Shire of Hertford and Countries near assembled at St. Albans requiring of the Abbat and Convent to be Manumised and made Free to have the Liberties of the Town enlarged and to have the Charters and Grants of Privileges and Liberties to the Abby delivered to them Which by the King's Order were so delivered and were with great Triumph burnt in the Market-place They also had from the Abbat and Convent Letters of Manumission and Freedom dictated by themselves threatning if they would not grant such to burn and demolish the Abby cut off the Heads of the Abbat and all the Monks And in the mean time while they obtained these things they cut off the Heads of such as they thought were their Enemies or would not do as they did burnt and pulled down their Houses and destroyed their Goods following and performing in all things the Dictates and Orders of their Great Master Wat Tiler which they had received from him and seen practised in London on Corpus Christi Day many of these Villains and Rustics and St. Albans-men being then The chief Leaders of them there William Gryndecobbe a Servant to the Abby and William Cadyndon a Chandler in the Town of St. Albans being the chief Men in this Tumult who had received their Instructions as above at London They made Proclamation for all of their own Condition to come in to them with such Arms and Weapons as they had under pain of losing their Heads having their Houses burnt if they had any of their own and the loss of all their Goods found in them These they caused to make Oath they would adhere to King Richard and the True Commons of England Where-ever they came they broke open the Prisons and set the Prisoners free 6 Ib. f. 259. n. 40. While they were in the height of these villanous Practices they received news of the Death of Wat Tiler and that the Citizens of London assisted the King against the Kentish and Essex-men that staid with them This and some sent from the King to make Proclamation upon forfeiture of Life and Member commanding them to be quiet and return to their own Homes humbled and made them abstain from their most barbarous and outrageous Actions Yet they kept together and would not separate tho' much persuaded to it using their ordinary Practices against the Abbat-Monks their Friends Lawyers Gentlemen and all that would not do as they would have them And for whatever they did pretended the King's 7 Append. n. 104. Consent Order and Authority which caused the King to undeceive the People to send his 8 Ibm. They pretend the King's Order and Authority for what they did Writs to all Sheriffs Majors Bailiffs and others his Faithful People to make Proclamation to the contrary and to oppose them every where in their tumultuous Risings and Actings against the Peace commanding them to desist from such Assemblings and go home Dated at London June 17. in the 4th of his Reign At the same time and on the same Days as if Corpus Christi Day had been the Signal Day 9 Wals f. 261. n. 30 40 50. The same Tumults and Practices at St. Eâ—monas-Bury y. Straw and R. Westbrâ—om their Leaders They cut off the Heads of the Chief Justice of England the Prior c. the same sort of People Tumultuated in Suffolk under the Conduct of John Straw a wicked Priest and Robert Westbrom of Edmonds-Bury where they perpetrated the same Villanies and committed the same Insolencies as in other Places They came to Bury and got into their hands the Charters of Liberties and Grants of Privilege to the Abby there to free as they said the Towns-men from the Power and Jurisdiction of that Place They cut off the Heads of Sir John Cavendish Chief Justice of England the Prior and John de Lakinheath a Monk of that Monastery and set them on the Pillory in the Market-place In Norfolk 1 Ibm. f. 263. n. 10 20 c. The like People and Practices in Norfolk under the Conduct of John Litiâ—â—er a Dyer at the same time a
King's Person and in his Court to appoint a Chancellor Barons and Officers in the Exchequer Judges of one Bench and the other That they might know their Names and what they were to do and the Method they were to take in the Regulation of the Nation after these things were done They also 7 Ibm. n. 25 26. They petition for an end of the War Petition an End might be made of the War which was in great part maintained by the Goods which the Enemies of the Nation took by Sea and Land from the English to the great Slander of the Government and Nation and Destruction of the whole Realm They likewise Petition That certain of the Chief 8 Ibm. n. 28 29. They Petition certain Persons may inspect the Grievances above noted No answer made to this Clercs in Chancery certain Justices Barons of the Exchequer and others Learned in the Law not there named might consult of the Grievances above and that certain Merchants not named might declare the Causes of the Low Prices of our Commodities carrying over our Money Washing and Clipping thereof But I find no report made of this Matter or Remedy ordered There is something in the Statutes at Large in this Year about Exportation of Money and the Exchequer Cap. 2. 9 10 11 12 13. The Commons 9 Ibm. n. 30. brought into Parlement a Schedule containing The Commons propound 3 sorts of Pardons to be granted by the King The first Three Articles for Three sorts of Pardons if the King would please to grant them The first was for the Lords Gentlemen and others that in Resistance of the Riotors and Traytors caused some of them to be slain without due Process of Law for which see the Statutes at Large of this Year Cap. 5. The Statute there exactly agrees with the Record The second 1 Ibm. The 2d sort to appease and quiet the wicked People concerning Treason and Felony committed in the Riots and Tumults which was granted 2 Ibm. n. 32. Several Town excepted out of these Pardons to all and singular Persons except such as were of the Towns of Canterbury St. Edmonds-Bury Beverly Scharburgh Bridgewater and Cambridge except also the Persons whose 3 Append. n. And those that killed the A. Bo. c. Names were after written and were brought into Parlement as the Chief and Principal Excitors and Movers of the Insurrections in the several Countries and those that killed the Arch-Bishop of Canterbury Lord Chancellor the Prior of St. Johns Lord Treasurer and John Cavendish Lord Chief Justice and except such as had escaped out of Prison and had not then rendred themselves Provided that such as received Damages and Losses by these Insurrections Provided notwithstanding those which had received Damages might recover Recompence by Law should not by this Pardon be foreclosed from recovering Recompence by due course of Law The Third was for 4 Ib. Rot. Parl. 5 Ric. II. n. 32. The Third sort of Pardons the good People that kept themselves in Peace and were no ways consenting to or concerned in the Tumults and Insurrections The Forms of the Pardons were now drawn and read tho the King had not yet passed them Afterwards upon 5 Ib. n. 95. The Towns above all Pardoned except St. Edmonds-Bury the Petition of the Commons That the Towns above-named might with other Towns receive the Benesit of the Pardon excedpt those Persons that were specially excepted which the King except the Town of St. Edmond's-Bury that for their outrageous 6 Ibm. Ro. And except the Persons whose Names were delivered into Parlement in Writing and horrible Wickedness so long continued he would not have comprised in his Grace and except also the Persons whose Names were delivered into Parlement as the chief and principal Beginners Abettors and Procurers of the late Outrageous Treason After the Business of the Pardons the Commons make a 7 Ib. n. 34. The Commons rehearse their Grievances Rehearsal of their Requests and Grievances they would have amended and desire to have a view of what was done in that Matter The King tells them 8 Ibm. n. 35. The King tells them of his great Expences and Necessity he had been at great Expence in quieting the Nation in the late Tumults and otherwise as was declared to them before by his Officers and that he was to be at further great Expences by reason of the Queen's coming her Marriage and Coronation which were suddenly to be Celebrated also in guarding the Seas and keeping his Fortresses beyond Sea and for the defence of the Realm at home for the discharge of which Debts and the supply of his Expences he had nothing in Treasure or otherwise The Commons 9 Ib. n. 36. They answer they neither dare or would grant any Tallage answered That considering the Evil Hearts and Rancour of the People thro the whole Realm they neither dare nor would grant any manner of Tallage They desire the 1 Ib. n. 37 38. They desire the Parlement may be adjourned and to see the Method of his Grace and Favour Parlement may be adjourned till after Christmass which was granted and then they also desire again to see the Method of his Grace and Favour The King 2 Ib. n. 39. The King adviseth of his General Pardon until the Commoos should do what belonged to them Replied it was not the Custom of Parlement to have a General Pardon and such favour from the King when the Commons would not grant him any thing and told them he would advise of his Grace and Pardon until they should do what belonged to them and said further it was Customary to grant Pardons the last day of the Parlement when he answered their Supplications and Petitions in Writing Whereupon 3 Ib. n. 40. The Prelates Lords and Commons grant the Subsidy of Wooll the Commons came into Parlement before the Lords saying they had advised and considered the great Charge of the King as well here as beyond Sea and then the Prelates Lords and Commons granted a Subsidy of Wooll Leather and Woollfells until Candlemass next coming as it was last granted which was read in Parlement as also the Declaration of the The Commons much joyed at the King's Grace King's Grace at which the Commons were much joyed and thanked the King most humbly and intirely for the same In this * Ibm. n. 45. The Practice of the Town of Cambridge against the University Parlement there were great Complaints made of the Mayor Bayliffs and Commonalty of the Town of Cambridge for their Evil Practices as well out of the Town in the Country as in it against the Vniversity in the time of the late Tumults as by the * Ib. n. 54. Bill exhibited against them may appear wherein it is set forth That they went to Corpus Christi or Benedict College where they seised the Charters Writings Books and Records
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
and besieged the Castle and took it and within it William Lescrop Treasurer Sir John Bussy and Sir Henry Green all the King's Counsellors who the next day by the Clamor of the People had their Heads struck off The Duke of York the King's Uncle and Guardian of the Kingdom with several Bishops Noblemen and the King's Council consulted how they might oppose the Duke but could do nothing King Richard when he heard in Ireland of his Landing 9 Ibm. n. 40 50. The Nobility and People desert King Richard secured the Sons of the Duke of Lancaster and Glocester in Trim Castle and with the Dukes of Albemarle Excester and Surrey the Bishops of London Lincoln and Carlisle and many others Shipped themselves with all speed that they might raise such a Force as might hinder the Duke's Progress But when he landed understanding his own Condition That the People and greater part of the Lords had forsaken him and gone in to Duke Henry he laid by all thoughts of Fighting and likewise dismissed his Family giving them notice by his Steward Sir Thomas Percy That they might provide for and reserve themselves for better Times The King shifting up and down here and there for many days the Duke always following him with his Army at length fixed at Conway Castle and desired to have Discourse with the Arch-Bishop and Earl of Northumberland to whom he declared He would quit his Government if he might have his Life secured and an Honourable He offers to Quit his Government his Life and an Honourable Maintenance secured Which was Granted Provision made for himself and Eight Persons he should Name These things granted and confirmed he went to Flint Castle where after a short Discourse with the Duke of Lancaster they mounted their Horses and went to Chester Castle that night the Duke 's numerous Army following him At Chester 1 Clause 23 Ric. II. M. 3 Dors Writs for a Parlement in King Richard's Name He is secured in the Tower of London summons were issued in King Richard's Name for the meeting of a Parlement on the Morrow of St. Michael or 30th of September dated there on the 19th of August in the 23d of his Reign In the mean time the King was brought to and secured in the Tower of London until the Parlement should sit Holingshed tells us 2 Chronicle f. 501. a. col 2. The Duke's Obeysance to King Richard at their first meeting And Declaration of the Cause of his coming into England The Duke received at London with great Rejoycing â— The Instruments of the King's Resignation and Deposition contrived by his Order the Duke at the first meeting of King Richard which was at Conway Castle in Carnarvonshire as he came towards him made a Reverend Obeysance and going on did so a second and third time the King taking him by the Hand and bidding him Welcome whereupon humbly Thanking him said The Cause of his coming was to have Restitution of his Inheritance unto which the King readily assented and called for Wine and when they had drank mounting their Horses they rode to Flint and to Chester where they stayed two or three days and went from thence to Nantwich and so the common Rode to London where the Duke was received with all imaginable Expressions of Joy and the King sent to the Tower where we hear no more of him until Michaelmass-Day against which time the Instruments of his Cession Resignation and Deposition with the Articles against him were prepared which are here recited from the Parlement Roll exactly Translated The Roll of Parlement summoned and holden at Westminster in the Feast of St. Faith the Virgin or 6th of October in the Year of King Henry the Fourth after the Conquest the First Membrane xx The Record and Process of the Renunciation of King This Record is Printed in X. Authores Col. 2744. and in Pryn's Plea for the Lords p. 425. which I have compared with the Original Richard the Second after the Conquest and the Acceptation of the same Renunciation likewise with the Deposition of the same King Richard as it here follows BE it Remembred 1 1 Rot. Parl. 1 Hen. IV. N. 10. That on Monday in the Feast of St. Michael the Archangel in the Twenty third year of the Reign of King Richard the Lords Spiritual and Temporal and other Notable Persons That is to say The Lord Richard le Scrop Arch-Bishop of York John Bishop of Hereford Henry Earl of Northumberland and Ralph Earl of Westmerland the Lord Hugh Burnell Thomas Lord Berkley the Prior of Canterbury and Abbat of Westminster William Thyrninge Kt. and John Markham Justices Thomas Stow and John Burbache Doctors of Law Thomas de Erpingham and Thomas Gray Knights William de Feryby and Dionyse Lapham Publick Notaries being Deputed to that purpose came into the presence of King Richard within the Tower of London about Nine of the Clock when the Earl of Northumberland said before the King That at 2 2 Ib. n. 11. Conway in North-Wales and then at Liberty He promised to Thomas Arch-Bishop of Canterbury and himself That he would Quit the Crown of England and France and Renounce all Right to it and to Kingship for the Causes there by himself confessed of his Inability and Insufficiency and this he would do after the best Manner and Form he should be Advised by the Skilful in the Law The same King before the said Lords and others above-named kindly answered That he would with Effect perform what he had promised but first desired to have Conference with his Cousin Henry Duke of Lancaster and the Arch-Bishop of Canterbury before he did it and desired a Copy of the Renunciation he was to make might be delivered to him to Deliberate upon which was done and the Lords departed 3 3 Ib. n. 12. On the same day after Dinner the King much desiring the coming of the Duke of Lancaster and long expecting him at length he and the Arch-Bishop of Canterbury with the Lords and Persons above-named came to his presence in the Tower the Lords Roos of Willoughby and Abergavenny and many others then being present And after he had Conference with the Duke of Lancaster and Arch-Bishop looking about him with a Chearful Countenance as it seemed to the People about him the King called them all to him and said publickly he was ready to make his Renunciation as he had said before and presently taking the Parchment Schedule of his Renunciation into his Hands tho it was told him to spare the Labour and Trouble of Reading it he might have it done by another he said he would read it himself which he did distinctly and absolved his Lieges Renounced Quitted and Sware Read and Said other Things and Subscribed his Name with his own Hand as 't is more fully contained in the Latin Record the Tenor of which follows The Resignation of Richard the Second IN 4 4 4 Ib. n. 13. Name
Nine Months in Chusing a Pope Fol. 78 C Carlisle Tho. Merks Bishop his Speech in behalf of Richard II. Fol. 438 D Cary Sir John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A He is banished into Ireland Fol. 389 C Cavendish Sir John Lord Chief Justice Beheaded by Rebels Fol. 348 D Caverly Hugh Governour of Calais Fol. 333 F His Success against the French by Sea Fol. Ib. 339 C Chandois Sir John Governour of King Edward III.'s Dominions in France Fol. 281 B Is made Constable of Aquitain Fol. 282 F Charles Crowned King of France Fol. 283 B His Declaration of War against England and on what account Fol. 285 D He sends out Preachers to justifie his Cause Fol. 289 A His great Preparation both by Sea and Land Fol. 294 A His Policy in marching his Army Fol. 295 D E His Death Fol. 341 E Charles his Son succeeds Fol. Ib. He prepares a great Fleet to invade England Fol. 363 A Charter of the Forest and the Great Charter with some Articles added confirmed Fol. 59 D 67 E F 72 F To be published four times in the Year by the Sheriffs Fol. 59 D Three Knights chosen to see them performed Fol. 69 A Of London its Interpretation belongs to the King and Council Fol. 334 C Church-Affairs in the Reign of Edward I. Fol. 93 c. In the Reign of Edward II. Fol. 165 c. In the Reign of Edward III. Fol. 308 c. In the Reign of Richard II. Fol. 445 c. Clergy deny King Edward I. a Subsidy Fol. 40 E He shuts up their Barns and Granaries Fol. Ib. F Their Reasons for not granting an Aid Fol. 44 A Their Lay-Fees seized and are put out of the King's Protection Fol. 45 A B Those of York and many others comply and are received Fol. Ib. E F What they payed for the King's Protection Fol. 49 B Are forbidden to Ordain any thing in their Synods against the King or his Affairs Fol. 50 C Are imprisoned for publishing the Pope's Bull and on what Terms released Fol. 51 A Would not grant an Aid without the Pope's Licence Fol. 73 A They write to the Pope about their Oppressions Fol. 90 A Such as oppressed them declared Excommunicate Fol. 211 D They refuse to be Taxed by the Commons Fol. 344 C They protest against any Law to be made against the Pope's Authority Fol. 392 E Cobham Sir John impeached Fol. 412 C Judgment given against him pardoned Fol. 413 A Colepepper Tho. Executed Fol. 134 B Commissioners sent from England to the Scots Parlement Fol. 359 F Appointed by King Richard II. to govern the Kingdom Fol. 366 F Their Names and Power Fol. 367 A Declared Traiterous and void by the Judges c. Fol. 368 A Their Names that were appointed to Depose King Richard Fol. 431 D Commission See Statute Committee of Lords and Commons how chosen Fol. 338 A Common People refuse to pay an Ayd given by Parlement to Edward II. Fol. 120 F Their Complaints and Petition in Parlement to Edward III. Fol. 239 Commons in Parlement assembled grant an Ayd upon Conditions Fol. 245 250 Their Petition against Churchmen being made great Officers Fol. 291 E Their Complaint against Evil Councellors and ill Management of the King's Revenue Fol. 300 301 They Impeach several for Mismanagement Fol. Ib. Their Petition about Justices of the Peace and for Allowance of Wages Fol. 302 D Their Petition to remove Foreigners Fol. 305 F They desire a Committee of Lords for their Assistance Fol. 327 B Their Petition about the Government of the Realm Fol. 328 D c. The Answer they received Fol. 329 A c. They pray that Great Officers may be chosen in Parlement during King Richard II's Minority Fol. 332 B Their Complaint against Villans Fol. Ib. F They Petition for a Parlement to be held every year Fol. 333 A Their Reasons against granting an Ayd Fol. 336 A They require to know how Money granted was Expended Fol. 337 A The Answer they received by Richard le Scroope Fol. Ib. Their Proposals to Excuse an Ayd Fol. 338 C They grant a Tax of Three Groats on every Person Fol. 344 D Their Complaint of ill Government Fol. 351 E Their Petition for Three sorts of Pardons Fol. 352 E They refuse to grant any Tallage Fol. 353 D They Protest against a Breach with Spain Fol. 355 D They Petition for a yearly Review of the King's Houshold Fol. 364 A They Swear to stand by the Lords Appellants Fol. 371 F They confirm the Statute and Commission and their Proceedings Fol. 389 F They would not have what was done made a President Fol. 390 B They Assert King Richard's Prerogative and Thank him for his good Government Fol. 395 A B They Petition that Villans may not have the Privilege of Cities and Burghs Fol. Ib. E The Three Points they thought too high for their Advice Fol. 394 D They frame Articles against the King's Royalty Fol. 395 F Their Excuse and Submission for the same Fol. 396 B They declare void the Statute and Commission Fol. 397 B Their Petition to the King in behalf of several Lords Fol. 398 F They Petition in behalf of such as came along with Henry the IVth into England Fol. 451 F Competitors for the Crown of Scotland Fol. 21 A 23 F Comyn John Pardoned by King Edward I. Fol. 82 F Is Murdered by the Scots Fol. 84 B His Murderers Excommunicated Fol. 85 E Cressy's great Battle Fol. 237 B D. DAgworth Tho. his Victory in Bretagne Fol. 241 D Is slain Fol. 247 E Darby Henry Earl of sent with an Army into Gascony by King Edward III. with his Success Fol. 235 E His great Victories there Fol. 240 D E Is one of the Lords Appellants Fol. 371 C Dardain James the Pope's Collector and Nuncio in England his Oath to King Richard II. Fol. 448 A David Brother to the Prince of Wales Judicially Condemned and Executed Fol. 11 A King of Scotland overthrown and taken Prisoner Fol. 240 F He is sent to the Tower at London Fol. 241 A Is released of his Imprisonment and on what Conditions Fol. 259 A He returns into Scotland and punished Deserters Fol. 260 E He declares Robert Steward his Successor Fol. 261 A Despencer See Spencers Dynet William accused for being a Wyclivite Fol. 463 F His Oath of Abjuration Fol. 464 A E. EDward I. beyond Sea when his Father died Fol. 1 C The Nobility Swear Fealty to him when absent Fol. 1b He doth Homage to the French for Aquitain Fol. 2 F He received the Homage and Service of his Vassals there Fol. 3 A His Return into England and Coronation and Inquiry into the Rights of the Crown Fol. 1b C D Is Summoned into France and sends his Excuse Fol. 1b E He Prorogues his first Parlement before their Meeting Fol. 4 A Excellent Laws made in his first Parlement Fol. 1b E c. His
who signed these Acts of Court with other Witnesses Congregatis coram Edwardo Rege Angliae superiori Domino Regni Scotiae in Aula Castri de Berewico super Twedam utriusque Regni Nobilibus Praelatis ac Auditoribus memoratis aliis Magnatibus Popularibus in Multitudine copiosa praesente ibidem me Notario infrascripto cum Testibus subscriptis c. The Competitors claiming the Kingdom having had notice and summons to be there viz. Judgment given against Eight of the Competitors Eric King of Norwey Florence Earl of Holland William de Vescy Patric Earl of March William de Ros Robert de Pinkny Nicholas de Soules and Patrick Galightly not having appeared but withdrawing themselves as not having prosecuted their Petitions it was adjudged and Iudicially pronounced by the King with the Consent of the Noblemen and Prelates of Both Kingdoms That they should obtain nothing by their Petitions Consideratum est per idem Dominum Regem judicialiter pronunciatum de consensu utriusque Regni Nobilium Praelatorum quod per Petitiones suas nihil consequantur And because 4 Ibm. And against Two others John Comyn and Roger de Mundevile did not prosecute their Petitions they had the same Judgment But as to the last 5 Ibm. Petition of Robert de Brus whereby he claimed the Third part of the Kingdom for his Share as of a Partible Inheritance because it appeared by his first Petition before the King That he demanded the whole Kingdom of Scotland he thereby acknowledged and granted That the Kingdom was Impartible and one intire Inheritance Which Recognition and Concession he could not then deny and for that it had been agreed and adjudged by the Prelates Earls Barons Noble and Great Men and the whole Council of both Kingdoms That the Kingdom ought to be possessed by one Heir only because of its own Nature it was impartible as other Kingdoms therefore it was Adjudged and Iudicially Declared by the King That he should gain nothing by what was said in his Petition Et quia per Praelatos Comites Barones Proceres Magnates totumque Consilium utriusque Robert de Brus his Second Petition cast out Regni concordatum est consideratum quod praedictum Regnum uni haeredi debeat remanere pro eo quod de sui natura est impartibile sicut alia Regna Idciro per eundum Dominum Regem consideratum est judicialiter pronunciatum quod dictus Robertus ex his quae in dicta sua Petitione continentur nihil consequatur omnino The same 6 Ibm. John Hastings his Petition not allowed Judgment had John Hastings and for the same Reasons That he should get nothing by his Petition Quod nihil capiat per Petitionem suam As to the Petition of 7 Ibm. The Reasons why the Kingdom of Scotland was adjudged to John Baliol. John Baliol who demanded the whole Kingdom as his Right the King caused it again to be Examined many days by the Council of both Kingdoms and after a full Discussion it was found adjudged and agreed by all the Noblemen Prelates Auditors and Wisemen of both Nations Compertum fuit manifestè per omnes utriusque Regni Nobiles Prelatos Auditores Sapientes Consideratum Concordatum est c. That the Kingdom of Scotland was impartible and ought to remain to one Heir and because the King was Judge of the Right of his Subjects by the Laws and Customs of the Kingdoms which was approved agreed and affirmed by all the Noblemen and Prelates of both Kingdoms Quod ab omnibus Regni utriusque Nobilibus Prelatis est approbatum concordatum dictum And by the same Laws and Customs in the Case before them it was Agreed and Iudicially Declared That the more remote by Descent in the first Line was to be preferred to a nearer in the second Line in the succession of an impartible Inheritance And also That none of the Competitors denied him to be Heir of the first Line and therefore was to be preferred before all others as next Heir to the Kingdom of Scotland by Hereditary Succession And therefore the King of England as Superior and Direct Lord of Scotland Adjudged consideravit That the said Iohn Baliol should Recover and have Seisin of that Kingdom with all its Appurtenances according to the Form of his Petition upon Condition That he should rightly and justly Govern the People subject to him that none might have occasion to Complain for want of Justice nor the King as Superior Lord of that Kingdom upon the Suit of the Parties to interpose his Authority and Direction The Right of the King of England and his Heirs always Reserved in such Cases when he would make use of it And accordingly 8 Ibm. Append. n. 13. King Edw. directs his Writ to the Guardians of Scotland to give John Baliol possession of the Kingdom King Edward gave him his Writ of Seisin for the Kingdom of Scotland directed to William and Robert Bishops of St. Andrews and Glasco John Comyn James Seneschal or Stewart of Scotland and Brian Fitz Alan his Guardians of the Kingdom of Scotland to deliver him seisin thereof with its Pertinencies saving the Right of him and his Heirs dated at Berwick the 19th of November in the 20th year of his Reign Anno Regni nostri vicesimo Which was a mistake of the Clerk it should have been the 21st he beginning his Reign November the 16th With this 9 Rot. Scotiae 20 21 Ed. I. M. 7. This is the same Roll De superioritat c. there were also Writs of the same Date directed to the several Castellans and Governors of Castles in Scotland to give him possession of them The next 1 Ibm. Rot. superioritat c. He Swears Fealty to K. Edward day being the 20th of November A. D. 1292 and in the year of the Reign of King Edward ending the 20th and beginning the 21st Et Anno Regni Regis Angliae Edwardi vicesimo siniente vicesimo primo incipiente at Norham he sware fealty to him as his Liege and Superior Lord of the Kingdom of Scotland In Testimony whereof he made to King Edward his Letters Patents of the same Date His Oath of Fealty and these Letters Patents are to be found both in Latin and French in this Record Afterwards he was put into 2 Corporal possession of the Kingdom And was placed in his Throne at the Monastery of Scone at the Monastery of Scone near St. Johnstown or Perth and placed in his Royal Seat according to the Custom of Scotland Duncan Earl of Fife ought to have placed him in his Throne but being under Age John St. John was deputed by King Edward 3 Rot. Scot. ut supra M. 33. The same Roll. in Nova Creatione Regis to do it for him On St. Stephens-Day A. D. 1293 and the 21st of King Edward's Reign 4 Rot.
superioritat c. ut supra The same Roll. A. D. 1293. 21 Ed. I. Anno a Nativitate Domini 1293 incipiente Die Festi Stephani protomartyris Anno Regni Regis Angliae vicesimo primo ipso apud Novum Castrum super Tinam Existente c. He did Homage to him at Newcastle in this Form in French 5 Ibm. The Form of John Baliol's Homage My Lord Edward King of England Superior Lord of the Kingdom of Scotland I John King of Scotland become your Liege-man or Vassal for the whole Kingdom of Scotland with its Pertinencies and all what belongs to it which Kingdom I claim and hold and ought of right to hold for me and my Heirs Kings of Scotland Hereditarily of you and your Heirs Kings of England and shall bear Faith to you and your Heirs Kings of England of Life and Limb and Tenent Honor against all Men that may live and die And of this Homage he made his Letters Patents of the same Date Witnessed by Sixteen Bishops Judges and the greatest Men of England and Twenty of the same Quality of Scotland who at his Request put to their Seals Within four 6 Ibm. days after Homage done in this manner to King Edward on the last of December upon a Complaint made to him by Roger Bartholomew Burgess of Berwick against some of his Auditors or Judges by him deputed in Scotland He presently appointed his Justices there present Auditors of the Complaint Justiciarios ibidem praesentes hujusmodi Querelae constituit Auditores whereof Roger Brabazon Chief Justice of the King's-Bench was one strictly commanding them they should do quick Justice according to the Laws and Customs of his Kingdom before whom and others of the King's Council there was a Petition Exhibited A Petition exhibited that King Edw. would observe his Promises on behalf of the King of Scotland and by his Advice and Direction by William Bishop of St. Andrews John Earl of Boghan Patrick de Graham Thomas Randolph and other Great Men of Scotland That whereas the King of England and Superior Lord of Scotland had lately * In the 18th of his Reign in the Treaty of Marriage between his Son Edward and the Maid of Norwey Queen of Scotland promised to the Noblemen and Prelates of that Kingdom That he would observe the Laws and Customs thereof and that Pleas of things done there might not be drawn out of it They beseeched the King of England and his Council there present in the Name of the King of Scotland That he would please to observe his Promise and Command his Officers firmly to do the same Roger Brabazon 7 Ibm. The Petition answered answered this Petition Quod dicta petitio videbatur frustratoria c. That it seemed idle and not to the purpose for that it was manifest and ought to be so to all the Noblemen and Prelates of the Kingdom That the King had performed all his Promises and not acted contrary to any of them and as to the Complaints concerning his Judges and Officers lately deputed by him as Superior and Direct Lord of that Kingdom who then did Represent his Person the Cognisance of Complaints concerning them belonged only to him and no other and he had especially reserved it to himself and also that because in Judgments of the very Superior Lord or of those that Represented his Person no Subjects could pretend to it and further said That if the King of England had made any Temporary Promises when there was no King in Scotland he had performed them and that by such Promises he would not now be restrained or bound And the King of England made Protestation 8 Ibm. The King's Protestation concerning the Petition and his Promises before all the Noblemen and Prelates of both Kingdoms then present That notwithstanding his Temporary Promises and Concessions he did not take himself to be bound his Protestations otherwise publickly made remaining in force and that he intended and would admit and hear all Complainants whatsoever and all other Business touching the Kingdom of Scotland and its Inhabitants by reason of his Superiority and Direct Dominion which he had and of right ought to have in that Kingdom as his Progenitors in their times had if they Lawfully and for Just Causes came before him and upon those Complaints every where and at all times if he pleased to do them Justice and to Vse and Exercise his Superiority and Direct Dominion and to call the King of Scotland himself if it were necessary and the Quality of the Cause required it to appear before him in his Kingdom of England Upon this 9 Ibm. John King of Scotland c. acquaints K. Edward of all his Promises c. Resolution of King Edward and the Answer of the Justices to the Petition John King of Scotland acquitted him of all Promises Bargains Agreements and Obligations he had made to the Guardians and others of the Kingdom Custodibus Probis hominibus Regni while by reason of the Superiority of his Dominion he held the Kingdom of Scotland in his hands until he had done Justice to such as Demanded the Kingdom and especially the Grant and Instrument made at Northampton the 28th Day of August And Confesseth they had been performed in the 18th Year of his Reign in which the Promises and Grants set forth in the Petition were contained With Confession that they had been all performed when he had adjudged and fully Delivered the Kingdom to him 1 Ibm. which Release or Acquittance was Scaled with his own Seal and confirmed with the Seals of the Bishops Earls Barons and other Noblemen of his Kingdom and Dated the Second of January 1293. in the Twenty First year of King Edward's Reign and the First of King John of Scotland Within a short time after this Protestation and Release there happened a great Case in Scotland which was brought by way of Appeal unto King Edward by 2 Ibm. The E. of Fife Appeals the K. of Scotland before the K. of England Magdulph Earl of Fife against John King of Scotland To whom he Directed his Writ to appear 3 Ryley Placita Parl. f. 154. 155. He appears not and a Second Writ is directed to him before him on the Morrow of Holy Trinity where-ever he should be in England to answer what Magdulph had to say against him But then not appearing the King directed another Writ to Summon him to appear before him Fifteen Days after Michaelmas to answer as before 4 Ibm. f. 157. The E. of Fife's Complaint The Earl of Fife's Complaint was That when King Edward was last at Berwick he commanded William Bishop of St. Andrews and his Fellow Guardians of the Kingdom of Scotland That they should do Right to Magdulph concerning his Lands and Tenements of Rerys and Crey of which he had been Disseised by the said Bishop as Guardian of Fife Tunc Custodem Comitatus de Fife Of which according
than Eternal Majesty they acquiesce in such Abuses without Authority from the Apostolic See We therefore desiring to obviate such Acts with Advice of our Brethren by Apostolic Authority do Ordain That those Prelates Ecclesiastics Religious or Secular of what State Order or Condition soever they be who shall Pay or grant to Pay any Taxes or Impositions an Half a Tenth Twentieth an Hundredth or any other Part or Portion whatever of the Revenues of their Churches or Goods to Lay-men under the Name of an Aid Assistance Lending or Gift or under any other Pretence or Colour whatsoever without the Authority of the same See Also those Emperors Kings Princes Dukes Earls Barons Great Men Captains Officers and Governors by what Names soever they are known or any other of what State or Condition soever that shall Impose Exact or Receive such things or shall Arrest Seize or presume to take the Goods of Ecclesiastics deposited and secured in Churches or that shall Command them to be Arrested Seized or Taken likewise all who Knowingly shall give any Advice Assistance or Favour in these Matters for that very Thing and in that Moment shall incur the Sentence of Excommunication The Communities or Vniversities or Bodies-Politick that shall be Guilty of these things we put under Ecclesiastic Interdict strictly commanding the Prelates and Church-men by Virtue of their Obedience and under pain of being Deposed that they acquiesce not in these things without Express Licence of the said See And that under Pretence of any manner of Obligation Promise or Concession now made before this Constitution Prohibition or Precept shall come to their Knowledge or afterwards they shall not Pay or the foresaid Seculars Receive any thing any manner of way And if they do Pay or the others Receive that very Moment in doing it they shall fall under the Sentence of Excommunication nor shall they be absolved from Excommunication or Interdict without special Licence and Authority from the Apostolic See unless at point of Death For we intend not by Dissimulation to pass by such an horrid Abuse of the Secular Powers Notwithstanding any Privileges under any Tenor Form or Conception of Words whatever Granted to Emperors Kings and others abovesaid which we will not shall any way help him or them against the Premisses Therefore no Man may lawfully Dare to do any thing contrary to this Constitution Prohibition or Precept Dated at St. Peter's in Rome the 6th of the Kalends of March in the Second Year of our Pontificate That is February 24th 1296 in the 24th of Ed. 1. Notwithstanding the Clergy denied the King an Aid according to this Papal Prohibition yet he proceeded in his War and made 6 Confederatio inter Regem Comitem Flandriae pat 25 Ed 1. Part. 1 M. 18. The Confederacy between K. Ed. and the E. of Flanders a Confederacy with the Earl of Flanders against the King of France Complaining That he being a Peer of France and in Homage to the High and Puissant King Philip he oppressed and used him according to his own Will contrary to Reason Justice and his own Desert and therefore because he was so Strong and Powerful not acknowledging any Superior by Advice of his Prelates Earls and Barons he made Alliances and Covenants with his Friends to endure from that time forward for Ever a touz jours perpetuelement and particularly with the Earl of Flanders First That if the King of France or his Heirs should make War The Articles upon him or his Heirs then the King of England should Aid and Assist him against the King of France and all his Assistants by his Allies beyond Sea and by his own Subjects Faithfully and according to his Power Secondly That the Earl of Flanders and his Heirs Earls of Flanders and their Allies should Aid the King of England his Heirs and Allies in the same manner and that within two Months after notice from the King of England in this present War he was to make upon the King of France Thirdly That neither the King of England nor his Heirs nor the Earl of Flanders and his Heirs should make Peace Truce or Sufferance i. e. Cessation of Arms with the King of France and his Heirs without the Assent Grant and Consent of each other Fourthly That the Earl of Flanders might better and more surely sustain and undergo so great an Affair and so great a War as he had Covenanted to do against the King of France his Allies and Assistants Et pur ceo que cuens de Flandres peust mieuz plus surement sustenir endurer si grant bensoign si grant fais de Guerre come il convendra contre le Roy de France é ses Alliez é ses Aidantz King Edward granted for him and his Heirs to the Earl of Flanders and his Heirs every Year during the War Sixty Thousand * Four of these Livres made a Pound Sterling so that this was the value of 15000 l. Sterling Livres of Black Turnois or other Current Money at Two Payments within the Earldom of Flanders Chescun an Durant le susdit Guerre seissante Mile Livres de Turnois Noirs c. at every Payment Thirty thousand Livres the First to begin at Christmas 1297. an Noel qui serra l'an de Nostre Seigneur Mil deux centz quatre vintz é Diseseptz and the Second at the Nativity of St. John Baptist following These Payments were to endure so long as the War should endure Fifthly That these Alliances made between them might no ways be defeated neither by the Command of or Purchase from the Pope or any other nor for any thing that might be any ways Obtained or Granted without their joint Consent Ne par Commandement ne par purchaz D'Apostoille ne d'autri ne pur choise qui sait impetree ne ottrogee c. and if any thing was obtain'd it was agreed on both Parts to Reject and not use it For the Faithful Performance of this Agreement King Edward solemnly Sware to the Earl of Flanders by his Proxies Monsieur Hugh le Despenser and Monsieur Walter Beauchamp Steward of his Houshold And by that Oath he further Agreed and Covenanted with the Earl of Flanders That his Son Edward when he was of Age should Grant Agree to and Confirm this Form of Alliance and Confederacy Which was Dated at Ipswich and Sealed with his Seal on the Morrow of Epiphany or the 7th of January 1296. in the 25th of his Reign Et pur ce totes ces choses soinet plus seurez tenuz Gardez mieux plus fermement nous en noun de sovenance de Tesmoignage avous cestes presentes Letters fait seale◠de nostre Seal Les queles jurent faites Donees a Gippewiz lendemain de la Epephany l'an de Grace Mil deux centz quatre vintz sesse de nostre Regne vintisme quint. The Record is long and Tautological but this is the very Substance of it
Clare Earl of Glocester and Hertford Thomas Earl of Lancaster Humfrid de Bohun Earl of Hereford and Essex Adomar de Valencia Earl of Pembroke Guy Beauchamp Earl of Warwick and Edmund Earl of Arundel 7 to signifie to them he was informed they were coming to his present Parlement which was continued at Westminster with Horse and Arms after an undue manner which would hinder the Dispatch of Business in Parlement which concerned him and the State of the Kingdom affright the People and disturb his Peace wherefore he Commanded them upon their Faith and Homage not to come in such manner but only as they used to come in his Father's time without Horse and Arms nor should attempt any other thing that might disturb the Peace By reason of the Solemnity of Christmas this Parlement was The Parlement Dissolved Another Parlement summoned Dissolved and much Business was left undispatched and therefore there was another Parlement summoned to meet concerning that Business at 7 Ib. M. 17. Dors Which never met Westminster on the first Sunday in Lent Witness the King at Westminster the 19th of December This Parlement never met the Sheriffs in all Counties had 8 Ibm. M. 15. Dors Command to make Proclamation That the Knights Citizens and Burgesses or others should not come at the time and to the place appointed because the King could not be there without any continuation of their meeting at other time and place Witness the King at York the 20th day of January Piers Gaveston quitted the Nation according to the 20th Article Piers Gaveston quitted the Nation according to the Ordinances of the Ordinances but long he stayed not beyond the Seas for on the 18th of January we find him in England with the King at York and recalled by him 9 Append. n. 53. Was recalled by the King as having been Banished contrary to the Laws and Vsages of the Kingdom which he was bound to maintain by the Oath he made at his Coronation and he farther wrote to the Sheriff of Yorkshire and all Sheriffs in England That seeing he had in the Instrument of Exile no other Appellations but of good and Loyal he returned at his Commandment and was ready to stand to Right before him and answer to all such as would accuse him every thing that should be objected against him according to the Laws and Vsages aforesaid Wherefore he should always esteem him good and Loyal and commanded them to repute him so and publish this Matter through their whole Counties Given at York the 18th day of January And 1 Cl. 5 Ed. II. M. 15. Dors two days after writes to the Sheriffs of those Counties where he had Lands to restore them with the Profits they had received since they had seized them into his Hands The Lords neglected not this opportunity offered them by this The Lords make advantage of the recalling Piers Gaveston Indulgence of the King Declaring the Laws and Customes of the Kingdom were not observed nor the late made Ordinances regarded The King to obviate the Effects of such Reports issued a Declaration The K. issues a Proclamation and Declaration to satiâ—fiâ— them and others which he commanded and firmly injoined the Sheriffs of all Counties to proclaim in full County in all Cities Burghs and Mercate Towns and other Places they should think expedient That it 2 was his great Care and chief Desire his Peace should every where be observed and that all the Laws and Customs of the Kingdom used and approved in the time of his Progenitors and also all the Ordinances lately made to the Honour of God and Holy Church and his own to the profit of him and the People which were not to the Damage or Prejudice of him or his Crown or contrary to the Laws and Customs abovesaid should be maintained and kept Witness the King at York the 26th of January And not long after fearing Disturbance from the Lords he wrote * Pat. 5 Ed. 2. Part 2. M. 22. The K. writes to the Mayor of London c. to secute the City c. to the Mayor Aldermen and Common Council of London to secure the City so as by the Meetings of the Prelates Earls Barons or any others there might happen no Hurt or Danger to him or the City Witness the King at York the 8th of February This Declaration and Order availed not and therefore the The Declaration avails not King as he said resolved to Preserve the Rights of his Crown and Dignity Royal the Peace and Tranquillity of Holy Church and the whole People committed to his Charge in all things And to this Purpose 3 Claus 5 Ed. 2. M. 13. Dors wrote to all Sheriffs the nearest to the Place where he was to signifie his Pleasure to all People as soon as might be lest by contrary Reports it might be suspected he would not do it and commanded them to make Proclamation thereof by themselves and Deputies once a Week in all Cities Burghs Mercat-Towns and other Places in their Counties and that his Intention might be more plainly known he directed That the Sheriffs should come to him and every one bring with him a Person of Credit whom he could Trust to hear what he should further say to them that they might publish it to the People as he should then openly Enjoin them Witness the King at York the 24th Day of February This way also proving ineffectual he intended to proceed amicably with the dissatisfied Bishops and Barons and according to the Power reserved in the Protestation he made when he confirmed the Ordinances he appointed 4 Append. N. 55. A. D. 1311. 5 Ed. 2. The King appoints Commissioners to Treat with the Ordainers about correcting the Ordinances according to his Protestation Commissioners the Bishop of Norwich Guy Terre John de Crumbewell Hugh de Audeley William Deyncourt Henry Spigurnell Henry le Scroop Knights the two last Justices and Thomas de Cobham Robert de Pikering Walter de Thorp Gilbert de Middleton John Fraunceys and Andrew Briggs Clercs or as many of them as could be present to Treat with the Prelates Earls and Barons who made the Ordinances upon which were grounded all the Pretences of Discontent and Quarrelling with the King to Correct and Reform by their good Advice all such Things in them as were Prejudicial and Injurious to him or contrary to the Form of the Commission granted to them if any such were Witness the King at York the 8th Day of March Those Prelates Earls and Barons were then at 5 Pat. 6 Ed. 2. Part 1. M. 20. intus Ry-Plac Parl. f. 541. London and excusing themselves for Treating concerning the Ordinances in the absence of the King sent him this Answer 6 Ibm. The Ordainers at present decline a Treaty with the King's Commissioners in his absence That in his presence whenever he pleased to call them together they would Treat upon the Ordinances and
Castle It being then doubtful what to do with him whether they should carry him to the King or put him to Death a certain 3 Ibm. Cunning Man and of great Advice answered Quidem vir astutus profundi Consilii respondit That it was to no purpose having been at such Charge and Trouble to take him to hazard the losing of him or to seek him again 4 Ibm. N. 50. adding That it were much better that he should suffer Death then a War should be raised in the Kingdom when all assenting to this Advice they took him out of Prison and carried him to an Ascent or Hill about a Mile North-East of Warwick called The Lords put Piers Gaveston to Death without Judgment Black-Low and there cut off his Head on the 5 Knighton Col. 2533. lin 5. day of Gervaise and Protasius the Martyrs or 19th of June Sir William Dugdale 6 Baronage Tom. 2. f. 44 Col. 1. from the MSS. K. 84. 96. b. in the Bodleian Library reports the Earls of Lancaster Hereford and Arundel being at this Consultation Thus Walsingham But Part of this Story is otherwise upon Record The King 7 Append. N. 56. A. D. 1312. wrote to John de Moubray Guardian of the County and City of York That Henry de Percy late by his Writing or Instrument before him in his Presence upon Forfeiture of Life and Limb Lands and Tenements and all he could forfeit undertook to preserve and keep safe from Damage Peter de Gaveston Piers Gaveston not truly dealt with upon his Surrender then Earl of Cornwall for a certain time according to certain Terms and Conditions upon which he render'd himself to the said Henry and others without the Castle of Scardeburgh and that the same Henry after the said Peter had been Killed before the Time and contrary to the Terms and Conditions aforesaid came not to him but withdrew himself by which he made himself suspected and therefore commanded him to take him without Delay and bring him to him wherever he was Witness the King at London the 31st Day of July in the 6th of his Reign The 8 Walsing F. 101. N. 50. f. 102. l. 1. c. The Lords demanded the Confirmation and Execution of the Ordinances Great Men having obtained their Purpose against Gaveston sent to the King proudly Demanding Proterve Postulantes their Ordinances to be Confirmed and put in Execution Threatning That if it was not done speedily they would come and force him to do it 9 Ibm. and forthwith they united their Forces and Quartered themselves in the Country about Dunstable he being then 1 Ibm. at London Upon this Occasion undoubtedly it was as also upon occasion of an Answer to the like Message about Five Months before as above related that the King sent 2 Append. N. 57. The K. sent to the Chief Ordainers to come to his Presence and treat about reforming the Ordinances John de Benstede one of his Justices to the Earls of Lancaster Hereford and Warwick who were at the making of those Ordinances to be with him at London or Westminster on the Sunday next after St. Bartholomew to Treat in his Presence about Correcting and Reforming the Ordinances if any thing should be found in them Injurious or Prejudicial to him and that he should enjoin them by their Faith and Homage that they should not come with Horse and Arms. Witness the King the 4th of August at Canterbury Notwithstanding this Notice and Inhibition they came not but marched about the Country with Horse and Arms Encouraging They came not but marched about the Country the People to join with them and therefore the King enjoined 3 Append. N. 58. Encouraging the People to join with them certain Commissioners reciting the most Material Part of his Precept as above to John de Benstede And seeing they had not come to him as then Ordered and Enjoined or sent any one to answer for them and understanding the said Earls with Horse and Arms and a great Multitude of Armed Men to be coming toward him to the great Terror of the People he assigned the same Comissioners to forbid the Earls and every one The K. forbids the Earls to come near him with Horse and Arms. of them by the Faith and Homage they ought him That they should not with Horse and Arms come nearer to him and if the Earls would not obey the Prohibition then to forbid all and every one coming with them to proceed further under the same Forfeiture Witness the King at Westminster the Third Day of September The Bishops with the Earl of Glocester perceiving this 4 Walsingh F. 102. N. 10. Dissention would be dangerous to the Church and Kingdom used all their Endeavours for a Peace 5 Ibm. They met at St. Albans with the Pope's Nuncios sent by him as Mediators between the King and Lords These Nuncios 6 Ibm. Walsingham's false Report of the Treaty between the K and Barons says Walsingham sent certain Clerks from St. Albans to Whethemsted three or four Miles distant where the Barons then lay with their Army with the Pope's Letters persuading them to Peace and that they would not receive them saying They were not Learned but bred up to Arms and therefore cared not to see them Then the Messengers desired to know if they would speak with the Nuncios who would willingly come to them to Propound and Discourse with them about a Project of Peace This says the Historian they utterly refused sending for Answer That there were many learned Bishops in the Kingdom whose Advice they would take and not the Advice of Strangers who knew nothing of the Cause of Dissention 7 Ibm. n. 20. The Nuncios affrighted at this Return Early in the Morning made haste to London after they had been at St. Albans above a Month and that then the Bishops and Earl of Glocester by great Industry made the Peace But this cannot be true for the Record of the Articles of Peace is in this Form Ceo est le 8 Claus 6. E. 2. M. 8. Dors Riley's Placit Parl. f. 538. A. D. 1312. The Treaty of Peace between the K. and Barons Tretiz de la Pees c. This is the Treaty of Peace upon certain Displeasures the King hath conceived against the Earls of Lancaster Hereford and Warwick and other Barons and Great Men of his Realm made and accorded before the Honorable Father Monsieur Ernald by the Grace of GOD by the Title of St. Prisca Priest-Cardinal Monsieur Arnold Bishop of Poicters sent into England by our Holy Father the Pope Monsieur * King Philips Son and Brother to Queen Isabel Lewis of France Earl of Eureux the Earls of Glocester and Richmond By the Earl of Hereford Monsieur Robert de Clifford and Monsieur John Botetorte sent to London with sufficient power to Do Treat and Agree on the Part
Record aver upon the Causes of the said Award And we are bound by the Oath we made at our Coronation and obliged to do Right to all our Subjects and to redress and cause to be amended all Wrongs done to them when we are required according to the Great Charter by which we are not to sell or delay Right and Justice to any one and at the pressing Advice and Request of the Prelates given us for the safety of our Soul and to avoid Danger and for to take away an ill Example for the time to come of such Undertakings and Judgments in the like case against Reason Wherefore we seeing and knowing the said Process and Award made in the manner aforesaid to be as well to the Prejudice of us the Blemishment or Hurt of our Crown and Royal Dignity against us and our Heirs as against the said Hugh and Hugh and for other reasonable Causes of our Royal Power in a full Parlement at York by the Advice and The Award made void by Assent of the whole Parlement Assent of the Prelates Earls Barons Knights of Counties the Commons of the Realm and others being at our Parlement at York pur le Conseil lassent des Prelatz Countes Barons Chevalers des Countez le Commun du Royalme altres a nostre dit Parlement a Everwyk Estauntz do wholly null and defeat de tut Anentissoms Defesoms the said Award of the Exile and Disheritance of the said Hugh and Hugh and all things in the Award quant que cel Agard touche and do fully remit and reconcile the said Hugh the Son and Hugh the Father to our Faith and Peace and to the Estate they had and were in before the making of the Award in all Points And we Award That they have again reeient Seisin of their Lands and Tenements Goods and Chattels c. And we Will and Command That where this Award is enrolled in any Places of our Court it be cancelled and annulled for ever And so the Roll was cancelled and crossed and remains so at this day with this Memorandum written under the Award Les choses susescrites sont anenties e chaunceles per force dun Agard que se sit au Parlement le Roy a Everwyck a treis semains de Pasch lan du Regne nostre Seign Quinsime sicome est contenue en un Roule que est consu pendant a ceo Roul en le Mois de May prochien These things above written are nulled and cancelled by force of an Award made in the Parlement at York held three Weeks after Easter in the 15th Year of the Reign of our Lord as 't is contained in a Roll sowed to and hanging at this Roll in the Month of May. In 4 Great Stat. Roll. from Hen. III. to 21 Ed. III. M. 31. Biblioth Cotton Claud. D. 2. f. 232. a. The Ordinances examined and annulled in Parlement A. D. 1322. 15 Ed. II. this Parlement at York the Prelates Earls Barons and the Commons of the Realm amongst which were the Ordainers then alive there assembled by the King's Command caused to be rehearsed and examined the Ordinances dated the 5th of October the 5th of Edward II. And for that by Examination thereof it was found in the said Parlement That by the things which were Ordained the King's Power was restrained in many things contrary to what was due to his Seignory Royal and contrary to the State of the Crown And also for that in times past by such Ordinances and Provisions made by Subjects over the Power Royal of the Antecessors of the Lord the King Troubles and Wars came upon the Realm by which the Land or Nation was in danger It was accorded and established in the said Parlement by the Lord the King the Prelates Earls Barons and all the Commonalty of the Realm at that Parlement assembled That all those things Ordained by the Ordainers and contained in those Ordinances from thenceforth for the time to come should cease and lose their Force Virtue and Effect for ever And that from thenceforward in no time no manner of Ordinances or Provisions made by the Subjects of the Lord the King or his Heirs by any Power or Commission whatever over or upon the Power Royal of the Lord the King or his Heirs or against the State of the Crown shall be of value or force But the things that shall be established for the Estate of the King and his Heirs and for the State of the Realm and People may be treated accorded and established in Parlement by the King and by the Assent of the Prelates Earls Barons and Commonalty of the Realm as hath been accustomed This Year the King raised an Army and about the Feast of St. James marched into Scotland the Scots fearing his Power went over the Scots Sea 5 Tho. de la Moor f. 596. n. 20. 30. The King raiseth an Army against the Scots and goesin Person The Army bâ—ffled The Scots invade England plunder and burnt almost as far as York ultra Mare Scoticum se conferunt that is Edinburgh Frith carrying with them and destroying all the Victuals on this side and in a short time the King returns into England his Army not having wherewithal to subsist The Scots come over the Frith and follow him by Night-marches and almost surprized him in his Camp in Blackmore-Forest but he escaping with a few they took the Earl of Richmond and the King of France his Envoy with many others and waste the Country with Fire and Rapine almost as far as York they burnt Ripon and compounded with Beverly for 400 l. Sterling and returned home laden with Spoils 3 Wals Hypoâ— Nâ—ustr f. 503. n. 40. Hist f. 17. n. 50 f. 18. lin 1 c. The King Kingdom of Scotland send to Rome to take off the Excommunication and Interdict but prevail not The Two Cardinals 6 sent from the Pope in the 10th of the King as there noted to make Peace between the Two Nations of England and Scotland and Reconcile the King and Earl of Lancaster but their Negociation being without Effect in Scotland Excommunicated Robert Brus King thereof and put the whole Kingdom under Interdict for their Perfidiousness to the King of England To take off both the 7 Ibm. f. 505. n. 30 40. Hist uâ— suprâ— Bishop of Glasco and the Earl of Murray were sent to Rome by King and Kingdom but prevailed not Satisfaction not having been given to the Pope nor King and Kingdom of England Whereupon Robert Brus desired of the King of England a Truce 8 De la Moor ut supra A Truce for 53 years between England and Scotland which was granted to him for Thirteen Years Philip the 9 Mexer Hist f. 345. Fair of France left Three Sons who all Reigned after him Lewis the Eldest Reigned but Nineteen Months to him succeeded Philip called the Long he Reigned Five Years and Six Weeks 1 Ibm. f
and notwithstanding the King's Commissioners the Bishops of Winchester and Norwich and the Earl of Richmond by her Mediation the Bargain was made or they received a Form of Peace from the King of France That if King Edward would give his Right in the Dukedom of Aquitain and Earldom of Pouthieu to his Son Edward upon his doing She bargains with her Brother that if King Edward would give Aquitan and Ponthieu to the Prince upon doing his Homage he should have Seisin of them Upon that Agreement the Prince goes into France and does Homage Homage he would give him seisin of both These Things agreed on both sides the King of France sent his Letters of Safe-Conduct for the Prince and the King sent him with a Grant of those Lands to have and to hold them to himself and Heirs Kings of England adding That if the Son should die living the Father they should return to him and also other Conditions by which it should not be Lawful for the King of France to Marry him nor provide a Guardian for him against his Will 4 De la Moor Ut supra Walsing Ut supra A. D. 1324. 18 Ed. II. This Agreement was Confirmed by the Advice of the Prelates and other Noblemen at Dover the Day after the Nativity of the Virgin Mary in the Eighteenth of the King and on the Thursday following Edward the Son accompanied with the Bishop of Excester and other Noblemen went on Shipboard and afterwards about the Feast of St. Mathew did Homage to his Uncle of France under Protestations made on both sides the whole Affair being compleated for which the Queen was sent into France Soon after Michaelmas the King 5 De la Moor ut supra f. 589. lin 1. c. The K. wrote to the Queen to return with his Son into England She makes her Excuse having no Mind to return The Bishop of Excester removed from her secret Council wrote to her That she would speedily bring her Son into England She wrote back That the King of France her Brother out of great Affection would have them stay with him and sending back the greatest Part of their Families she employed the residue of the Year in prosecuting her own Designs The Bishop of Excester was sent over with the Prince but was now removed from the Queen 's Secret Council and Roger Mortimer and other Fugiâ—ibâ—s the King's Enemies were received into it 6 〈◊〉 â—6 Ed. 2. Part 1. M 34. Doâ—s And Roger Mortimer taken into it This Roger Mortimer the Younger upon Tryal for Treason had received Sentence to be Drawn and Hang'd the King out of his special Grace pardoned the Execution of that Sentence and willed that instead thereof he should be a perpetual Prisoner and assigned certain Justices to declare his Favour and adjudge him to Perpetual Prison and not long after the Time of the Queen's going over corrupting his Keepers he made his 7 De la Moor F. 596. N. 50. Escape out of the Tower of London and got into France The King much moved at the Queen's stay and Detaining his Son out of the Kingdom some 8 Ibm. â— 598. â— 10. Reasons why the Queen 〈◊〉 France to salve the Matter said they were unwillingly Detained others guessing that she was so bound by the Vnlawful Embraces of Mortimer that without him and the other Eugitives she would not return However it was The King 9 Claus 19 E. 2. M. 2. Dors The King sent and wrote often to the Queen to return out of France The fear of Hugh Spenser the Younger was her Chief Excuse The King answers all her Excuses sent and wrote to her oft times to return home Expressing great Kindness to her and grief of Mind for her absence many feigned Excuses she had for her not coming but the Chief was the Danger and Fear she was in of Hugh le Dispencer the Younger which she sent to him by the Bishop of Winchester with her Letters of Credence in answer to which the King wrote That he as much wonder'd as he could seeing and observing always in his Presence the Kind Deportment of her to him and of him to her and especially at her Departure declaring a perfect Amity and since by her Letters of a late Date to him which he had shewn unto the King attesting the same and therefore the Homage being done to his Brother of France and that they were in so fair a way of Affection one to another he Commanded and Charged her as much as he could That all And chargeth and commands her to come to him in all haste feigned Matters and Excuses laid aside she should come to him with all haste Par qui uous vous mandoms chargeoms en quanque nous pooms que totes tieles Enchesons feints autres choses lessees excusations cessantes reignes a nous od tote hast for that the Bishop had told him That his Brother the King of France in his Presence told her That according to the Tenor of her Safe-Conduct she should not be disturbed nor stayed from coming to him as to her Lord and as his Wife And then further writes to her When she came her Expences and way of Living should be such as should be neither to the Dishonour of him or her He also Willed and Commanded her to suffer his dear Son Edward He also Willed and Commanded her to send his Son to him to come to him as he had commanded him And whereas at the time Walter Bishop of Excester was lately with her he had been certainly informed That some of his Enemies and his Banished People waited to Destroy him if they had opportunity to a-avoid such Dangers and for other great Business he had with him he commanded him upon his Faith and Allegiance to come to him with haste leaving all other things in as much security as he could she was to excuse his sudden coming away it being for no other Cause Given at Westminster the First of December At the same time 1 Ibm. the King of France by the Bishop of Winchester wrote to him and sent a Message by word of Mouth That The King of France wrote the Queen dare not come to K. Edward for fear of her Life and Hugh Spenser he had been informed by Persons of Credit that the Queen dare not come to him for fear of her Life and Hugh le Despenser to which excuse he made the same answer he had done to his Queen and averred by Oath That if the said Hugh or any other Living in his Kingdom or in his power should offer any Ill to her and he could know it he would make them severe Examples to all others and beseeched him not to believe those that told him other King Edward's Answer to that and other things things for that he had and ought to have greater Reason to know and understand this Matter than any other and therefore
he would be honoured thro the whole World and his Liege People safe in all Points and preserved for ever Then also he shewed to the Great Men and Commons how that he and others that were with the King for the Charge they had been at to have his Allies and others to march with him into France were obliged with him for 300000 l. Sterling or more and how that the King and his Friends could not honourably depart from thence without giving his Creditors And requires a very great Sum of Money Satisfaction and likewise that for this Cause and for the Maintenance of him and his Quarrel which was undertaken by the common assent of them all and for his Business on this side the Water he ought to be supplied with a very great Sum. Whereupon in this great Necessity 5 Ib. n. 5. The Great Men give him every Tenth Sheaf Fleece and Lamb c. it was thought convenient to Ayd him with a very great Sum or he would be dishonoured and he and his People destroyed for ever and it was agreed by the Great Men les Grantz ont Grante to give him every Tenth Sheaf Fleece and Lamb of their Demeasnes except of their Bond Tenents The Commons 6 Ib. n 8. The Commons desire another Parlement Give their Reason for it And pray the Two best valued Knights may be chosen in every County declare themselves very forward and willing to assist the King but they pray the Duke of Cornwall Guardian of England and the Lords That he would summon a Parlement to meet in convenient time That the mean while they might go into the Country to endeavour to have an Ayd granted answerable to the King's Necessity and they further pray That Two of the best valued Knights might be chosen in every County for that Parlement Accordingly the Guardian issued 7 Gâ— 13 E. III. Part. 2. M. 1. Dors The Commons give 30000 Sacks of Wooll Writs on the 16th of November for another Parlement to meet Eight days after St. Hillary or 20th of January in which the Commons gave the King 30000 Sacks of 8 Rot. Parl. 13 Ed. III. Part. 2. n. 5 6. 7. The Clergy give nothing because c. Wooll upon certain Conditions comprised in Indentures made hereupon The Clergie gave nothing because in the Eleventh year of his Reign they gave a 19 Adam Marymouth A D. 1337. Triennial Tenth toward the War coming then on with the King of France and to pay Germans Brabanters and others Confederated with him against that King 1 Walsingh f. 147. n. 20. the three years being not then expired The King and Queen 2 Ib. n. 10. King Edward writes to the Peers and Great Mâ—n of France of all sorts and Plebeians Setting forth his Title to that Kingdom kept their Christmass at Antwerp and afterwards went to Gant in Flanders from whence he wrote to all the Prelates and Persons Ecclesiastic to the Peers Dukes Earls Barons Nobles and Plebeians of the Kingdom of France setting forth his Title as aforesaid and telling them That Philip of Valois intruded himself into the Kingdom by force in his Minority and possessed it against God and Justice Therefore lest he should seem to neglect his own Right and the Gift of Heavenly Grace or submit to the Divine Pleasure he claimed the Kingdom and Government in hope of Celestial help Ne videamur jus nostrum Donum Declaring what he would do if possessed of it Celestis Gratiae negligere c. declaring he would be very Gratious to the Good and Obedient and do Justice to every one according to the Laâ—dible Rites and Custumes of the Kingdom To Reform all things were amiss and add according to the Condition of the Times what was best and most expedient for them by assent of the Peers Prelates and Great Men and his faithful Subjects The Letter as written in Latin begins thus 3 Rob. Avers p. 83. a. cap. 28. Edwardus Dei Gratia Rex Franciae Angliae ac Dominus Hiberniae Vniversis Ecclesiarum Praelatis Personis aliis Ecclesiasticis Paribus Ducibus Comitibus Baronibus Nobilibus ac Plebeis in Regno Franciae constitutis veram noticiam subscriptorum universorum c. Edward by the Grace of God King of France and England Lord of Ireland to all Prelates of Churches c. as above Dat. apud Gandavum 8 die Februarii Anno Regni nostri Franciae primo Angliae vero Decimo quarto Dated at Gant the 8th of February in the First year of our Reign of France and of England the Fourteenth Some short time after he came for England and at Harwich on the 21st day of February he issued 4 Claus 13 Ed. III. pars 1. M. 33. Dors Summons for a Parlement his Summons for a Parliament to meet on Wednesday next after Midlent Sunday The cause of Summons was declared to be for granting the King a great Aid or 5 Rot. Parl. 14 E. III. pars 1. n. 5 6 7. A great Ayd desired The King in Debt and was to remain as a Prisoner at Brussels until it was paid The Lords and Knights of Shires give the 9th Sheaf Fleece and Lamb. The Citizens and Burgesses a 9th of all their Goods according to the true value he would be for ever dishonoured and his Lands as well on this side as beyond the Sea in great danger if he should loose his Allies And further he was in his own proper Person to return to Brussels and stay there as a Prisoner until the Sum he was ingaged for there was all paid and in case he had a sufficient Aid all these Mischiefs would cease and his Design with the help of God have a good issue c. Wherefore upon his Request the Prelates Earls Barons and Knights of Shires having regard to the Mischiefs c. granted him the Ninth Sheaf Fleece and Lamb and the Citizens and Burgesses the very Ninth of all their Goods according to the true value for two years next coming upon condition he would grant their Petitions presented to him and his Council In this Parliament 6 Ib. n. 9 10. The Commons make it their Request not to be subject to the King as King of France the Great Men and Commons made it their Request that seeing the King had taken upon him the Title of King of France and changed his Arms they might not be bound to obey him as King of France nor the Kingdom of England put in subjection to him as King of France or to the Kingdom of France le fist faire lettres patentes de Indempnite he thereupon caused to be made Letters Patents of Indemnity 7 Append. n. 86. On the 30th of May next following declaring in the Writ 8 Claus 14 Ed. III. pars 1. M. 23. Dors A Parlement called his intentions of going beyond Sea for the Defence and Safety of his Kingdom of England and the
Director of his Soul and likewise the Affairs of his Kingdom and receiving him into great Familiarity and seeing the Kingdom of France devolved to him by Right of Succession and was usurped by Philip of Valois he with great Importunity persuaded him to make a Confederacy against Philip with the German Princes idem Archiepiscopus nobis importuna instantia persuasit cum Princibus Alemanniae contra dictum Philippum foedus inire exposing us and our Affairs to the Charge and Hazard of War promising and affirming That he would cause abundantly to be supplied the necessary Expences from the Revenue of our Lands and Subsidies adding further That we need only take care to have ready expert and stout Soldiers Then he tells how he went beyond Sea and entred into a War at a vast Expence obliging himself to his Confederates in great Sums of Money upon the promised Aid but trusting to a broken Reed and his Assistance in Money not coming to him he was forced to contract improfitable Debts under the greatest Usury and so as he could not prosecute his Expedition but must of necessity return into England Where declaring to the Arch-Bishop his Streights and Misfortunes he called a Parlement which gave him the Ninths as above and the Clergy a Tenth which if fully collected and in due time had probably been sufficient for the carrying on his War and the Payment of his Debts to the no small Confusion of his Enemies Then he says the Arch-Bishop promised again to assist him effectually toward Collecting the Subsidy and administring other Necessaries Whence trustingto his promised Assistance he again passed over Sea and obtained his Sea-Victory as before related and afterwards besieged Tournay as aforesaid when every day expecting by the Arch-Bishop's Management to be relieved in so great Necessities with what had been promised him his Hope 's failed And though by many Letters and Messengers he had signified to him and others of his Counsellors his Adherents the Wants and Dangers he was in for want of Money being put off with frivolous Excuses and fine Words by which they palliated their Fraud and Malice he was forced unwillingly to consent to a Truce to his Shame and the Hindrance of his Expedition At length his faithful Friends Companions and Participants in his Adventure and Tribulation tandem convenerunt ad nos amici Fideles Peregrinationis nostrae Comites Tribulationis nostrae participes with whom he discoursed how he might most aptly be delivered from his present Misfortunes all agreed the Fault was the Arch-Bishop's either by Sloth or Negligence if not Malice murmuring against him that he had not corrected the Insolence of the Arch-Bishop and Officers Archiepiscopi Officialium Insolentiam c. which if he should not do speedily they threatned to quit his Service and withdraw themselves from the Confederacy Whence thinking of the Discipline and Correction of his Officers unde nos ad disciplinam correctionem nostrorum officialium mentis aciem dirigens he removed some from their Offices for Male-administration by subversion of Justice oppressing the People and taking Bribes Others of less Note he committed to Prison and believing he might have a more full account of the Actions of his Officers from the Arch-Bishop to whom he had committed for a long time all the Administration of all his Affairs he sent Nicholas Cantilupe to command him to come speedily to London that he might have Personal Discourse with him but being always Proud and fearful in Adversity he pretended Danger from some about him if he should stir out of the Church of Canterbury The second time he sent to him Ralph Stafford Steward of his Houshold with Letters of safe Conduct to come to and inform him about the Business of the Kingdom But contemning his Requests and Messages with an haughty Look he answered That he would not meet come to or confer with him but in full Parlement which at that time it was not rationally expedient to convene quod in his diebus ex causis rationalibus non expedit convocari Then recounting his great Bounty and Beneficence toward him his extraordinary Respect and Assection to him and the mighty Trust and Confidence he had in him declares how ungrateful he was and how he had deceived him wounding his Innocence by railing at and reproaching the Justice Fidelity and Diligence of his Officers by Preaching publickly and sending Letters into divers Parts That by Royal Power and against Justice the People had lately been oppressed the Clergy confounded the Kingdom over-burdened with Exactions Taxes and Tallages And because he falsly endeavoured to obtain the Name of a Good Pastor which he always wanted yet truly he was a notorious Mercenary by common Opinion and his own publick Confession quia nomen boni Pastoris quo hactenus semper caruit c. he applied himself to assert the Liberty of the Church which if it had been injured or grieved either in Persons or Things in rebus vel Personis it was only and truly to be ascribed to the Remisness crafty Intentions and reprobate Counsels of the Arch-Bishop Archiepiscopi duntaxat remissioni callidis adinventionibus ac reprobis consiliis sunt veraciter ascribendae wickedly pretending he had certain Sentences and Articles of Excommunication made in general against the Violators of Church-Liberty and the Great Charter to blacken the Good Opinion the People then had of the King to defame his Ministers traiterously to raise Sedition amongst the People and to withdraw the Affections of the Earls Barons and Great Men from him Wherefore being willing as he was bound to secure the Integrity of his Fame to obviate the Malice of the Arch-Bishop and to avoid the Snares laid for him and his he desired to publish some other of his Actions besides those above repeated to wit That by his improvident Advice in his Nonage he had made so many prodigal prohibited Gifts and Alienations and done so many excessive Favours that his Treasury was exhausted and his Crown-Rents beyond measure diminished and that corrupted by Bribes he had without reasonable cause remitted great Sums of Money due to him and had given much of his Rents and Revenue which ought to have been applied to his own use to Persons not deserving or converted it to his own Vse and presumed to attempt other things to the Detriment of his Estate Damage of his Royal Dignity and Grievance of his Subjects abusing the Power committed to him Commanding those to whom this Letter was directed to publish it and cause others to publish it in such Places as they should think convenient Witness his Self at Westminster the 12th of February in the 15th of his Reign On Ash-wednesday being the 21st of February the Arch-Bishop Preached in the Cathedral of Canterbury and 8 Hist Sacr. vol. 1. f. 23. The A. Bp. published the K. 's Letters at the end of his Sermon he told the People there were Letters directed by the King
or Tenths to be otherwise paid then they were granted that is the Ninths by such as held a Barony or used to be summoned to Parliament And then the King 1 Ib. n. 35. granted for him and his Heirs That if any Person do any act against the form of the Great Charter or any other good Law that he should answer in Parliament or other place where he ought by Law to answer The Statutes and the Conditions above-mentioned are enter'd Where the Statutes and Conditions are into the back of the Roll and Printed in the Statutes at Large this year and are a true Translation of the Record in French In the Third Chapter of the Statutes it was agreed That the Chancellor Treasurer Barons and Chancellor of the Exchequer the Great Officers to be sworn in Parliament Justices of both Benches Justices assigned in the Country Steward and Chamberlain of the King's House Keeper of the Privy Seal Treasurer of the Wardrobe Controllers and those that were appointed to remain and be about the Duke of Cornwall should then be sworn in Parliament and so from thenceforth at all times when they should be put in Office to keep and maintain the Privileges and Franchises of Holy Church the Points of the Great Charter the Charter of the Forest and all other Statutes without breaking any Point In the 4th Chapter of the same Statutes it is said it was agreed Orders about the Justices and great Officers That if any of the Officers aforesaid or Controullers or Chief Clerk in either Bench by Death or by other Cause be put out of his Office that the King by assent of the Great Men which should be nearest him in the Country and by the good Counsel he should have about him should put another convenient into his Office who was to be Sworn according to the Form aforesaid And that in every Parliament the King should take into his Hands at the third day thereof the Offices of all the Ministers aforesaid and so to remain four or five days except the Offices of the Justices of both Benches Justices assigned and Barons of the Exchequer so as they might be put to answer every Complaint And if by Complaint or otherwise they or any of them should be found faulty then to be attainted in Parliament and punished by Judgment of the Peers and outed of his or their Office and another convenient put in his place And the King was to cause Execution to be done without delay according to the Judgment of the Peers in Parliament Contrived by the Clergy It is very probable that these Agreements concerning the Officers were the Contrivances of the Arch-Bishop Bishops and Clergie for it was a great trouble to them that the Chancellor Treasurer and many other Officers who were Clerks had been put out of their Offices as hath been related before at the King's arrival in England and others that were Lay or Secular Persons placed therein 2 Walsingh f. 150. l. 13. Rex Edwardus Angliam intravit ministros suos videlicet Cancellarium Thesaurarium alios amovit non Clericos imo Seculares ad placitum suum substituit The Statutes above-mentioned were some months after the The Statutes and Conditions above-mentioned revoked making of them that is on the first of October next following revoked by the King as contrary to the Laws and Customs of the Land his Prerogatives and Royal Rights by the Advice and Consent of the Earls Barons and other Wisemen as appears by the Revocation it self of the same Date directed to the Sheriff of Lincoln Printed in this year in the Statutes at Large and in Pulton as likewise by a Writ directed to the Arch-Bishop of Canterbury The King 3 Append. n. 88. The King 's Writ to the Arch-Bishop that in a Provincial to be holden at London to the Venerable Father in Christ John Arch-Bishop of Canterbury Primate of all England Greeting Whereas some time since in our Parliament at Westminster assembled in the Quinden of Easter last past there were certain Petitions made expressly contrary to the Laws and Customs of England and not only very prejudicial but reproachful also to our Royal Dignity which if we had not permitted to have been drawn into a Statute the said Parliament had been without success and dissolved in Discord and so our Wars with France and Scotland which we principally undertook by your Advice had very likely been which God forbid in ruin And we to avoid such dangers permitting Protestations of revoking those things when we could conveniently that had so been extorted Nothing be done prejudicial to him or his Crown from us against our will yet permitted them to be sealed with our Seal at that time And afterward by the advice and assent of the Earls Barons and other Wisemen for Lawful Causes because our consent was wanting or as it is in the Revocation directed to the Sheriff of Lincoln because we never consented to the making of the Statute but as then it behoved us we dissimuled in the Premisses c. we have declared it null and that it ought not to have the name and force of a Statute And we understand you have commanded a Provincial Council to meet at London on the morrow of St. Luke next coming in which you intend to excite the Bishops of your Province against us and to Nor to confirm the Statute and Conditions ordain and declare some things prejudicial to us about confirming the said pretended Statute and for the enervation depression and diminution of our Royal Jurisdiction Rights and Prerogatives for the preservation whereof we are bound by Oath also concerning the Process depending between us and you for certain Matters charged upon you by us and that you intend to promulge grievous Censures concerning these things We willing to prevent so great mischief do strictly forbid that in that Council you do not propound or any ways attempt or cause to be attempted any thing in derogation or diminution of our Royal Dignity Power or Rights of the Crown or of the Laws and Customs of our Kingdom or in prejudice of the Process aforesaid or in confirmation of the pretended Statute or otherwise in contumely of our Name and Honour or to the grievance or disadvantage of our Counsellors or Servants Know ye that if you do these things we will prosecute you as our Enemy and Violatour of our Rights with as much severity as lawfully we may Witness the King at Westminster the first day of October The Revocation was confirmed or rather the Statute vacated in Parliament the 17th of Edward the Third in the very next Title or Number to the Acquittal of the Arch-Bishop as followeth 4 Append. n. 89. The Revocation confirmed in Parlement Also it is accorded and assented unto That the Statute made at Westminster in the Quinden of or fifteen days after Easter shall be wholly repealed and annulled and loose the
of greater Force than at that time had ever been heard of que cea en arere ad este oi to invade England destroy the Nation the King and his Subjects as it manifestly appeared by what he had shewn and did show every day The other cause was to know how and in what manner the Peace of the Land might be best kept and then the Commons were commanded to treat together and take good Advice how the Malice of the King's Adversary might be resisted and for the Safety of himself and Kingdom how he might be Aided to his greatest Profit and the least Charge to his People The Commons having advised together gave the Answer following To their most Honourable and most redoubted Liege Lord his poor Commons 3 Ibm. n. 4. shew A lour tres Honurable tres Redoutez Seigneur Liege monstre sa pour Comune That at his last Parlement he sent the Noble Earls of Lancaster and Northampton autres Grantz and other Great Men to tell them That he intended not to take any thing of or charge them which they had published to the whole Land for which they had also thanked him according to their Knowledge as much as they could and prayed for him Night and Day prient pur lui nuyt jour and yet at this present Parlement upon News now come pur noveles que sont venuz he demanded a The Commons Grievances and Complaints very great Charge of his poor Commons un trop grant Charge da sa povre Comune They desire his Nobleness and most High Lordship he would please to understand the Mischiefs and Burthens of the Commons That is to say the reasonable Aid which had been pardoned in his 14th Year that is a Grant was made it should not be paid all his Reign to wit 40 s. upon every Knight's Fee to make his Eldest Son Knight whereas by Statute there was but 20 s. due upon every Fee Fifteenths of the Commons Tenths of Cities and Burghs Men at Arms Hobelors Archers taking of Victuals without paying for them Guarding the Sea and also the Subsidy of Wooll by reason whereof every Sack of Wooll that was the Treasure of the Land was sold for 40 s. less than its Value So as it would be a great Trouble to the Commons to bear any Charge Yet The Conditions of the Grant of an Aid nevertheless so as the Aid now to be granted might not be turned into Wooll neither by way of Loan or Value or in any other manner nor levied too hastily but in the Form it was to be granted and that the Eyres of Justices in the mean time might cease as well of the Forest as of Common Pleas and General Enquiry in the whole Land if this Aid should be levied That no Subsidy upon Wooll for the future may be granted by the Merchants That no Imposition Loan or other Tallage or Charge whatsoever shall be put upon them by the Privy Council without their Grant and Consent in Parlement That Two Prelates Two Lords and Two Justices might be assigned to hear and dispatch their Petitions which were not answered in the last Parlement and that their Petitions in this Parlement might also be answered according to Reason and the Answers to remain in force without being changed or altered That the Justices do enquire of False Money which destroys the People That David Bruys William Douglass and other Chieftains of Scotland may in no manner be released neither by Ransom nor upon their Faith That he would restore the 20000 Sacks of Wooll taken of the Commons by way of Loan That an Aid to Marry his Daughter might not be taken the mean time and That there might be no Marshalcy in England except that of the King or the Guardian of England when he was out of the Kingdom Vpon these Conditions and otherwise not sur cestes Conditions autrement nient and also that they may be entred in the Parlement-Roll as Matter of Record come chose de Record by which they might have Remedy if any thing should be done to the contrary in time to come The said poor Commonalty to their very great Mischief Grant to the King si grante la dite povre Communalte a lour trop grante Mischief a nostre Seigneur le Roy trois Quinzismes c. three Fifteenths to be levied in three Years to begin at Michaelmas next coming so as every Year one Fifteenth may be levied and no more at two Terms in the Year St. Michael and Easter by even Portions and that this Aid may be assigned and reserved only for the War and not to pay Debts And if the War should cease or a Truce be made then the Fifteenth of the last Year not to be levied That of these Conditions and the manner of this Grant Letters Patents shall be made and sent into all Counties without paying any thing for them wherein shall be made mention of the great Necessity the King was in after the last Parlement And in case the War should break out toward Scotland the Aid granted beyond Trent should be employed for the Defence of those Parts as it had been formerly About this time Lewis of Bavaria being dead several of the The Electors offer to chuse K. Edward Emperor of Germany Electors met at Colen from whence they sent Ambassadors to King Edward and offered to Elect him Emperor of Germany 4 Claus 22 Ed. III M. 20 Dors A. D. 1334. He refuseth their Offer in Return to which Offer he sent Sir Hugh Nevill and Ivo de Glinton Canon of St. Paul with his Refusal of that Dignity and great Thanks for the Honour they intended him The time of the Truce of Calais being near expiring 5 Rot. Fran. 22 Edw. III. M. 13. Several Truces continued and made the King upon the Pope's sending Commissioners either to prolong the Truce or Treat of a final Peace the former was agreed for six weeks Which Term being ended the Ambassadors on both sides met between Guines and Calais and agreed to another Truce to begin on the 13th of November and continue to the first of September 1349 Which Truce on the second of May that year 6 Rot. Fran. 23 Edw. III. M. 9 10. Dors was prorogued to the Feast of Pentecost 1350. The Articles were much the same with those of the Truce before Tournay A. D. 1340 and of that before Vannes A. D. 1343. This year says Walsingham was 7 F. 168. n. 10. Glorious in England for Peace Victories the Spoils of Caen Calais and other Towns and Cities in France as also for Garments Furs Gold and Silver Vessels and other rich Vtensils which were seen almost in every House and that then it was the English Dames began to pride themselves in the Apparel The English Women imitate the French in Apparel of the French Dames In a very short time after the Truce as above was concluded the Lord Geofrey Charny
say 't is true That if the King had always had about him Loyal Counsellors and good Officers he had been very rich in Treasure so as he should not have needed much to have charged his Subjects with Subsidy Taillage or otherways having respect to the great Sums of Gold which were brought into the Kingdom for the Ransom of the Kings of France and Scotland and other Prisoners They also say it further seems to them That for the singular Profit and Advantage of some Private Persons about the King and their Confederates the King and Realm were much impoverished and many of the Merchants undone wherefore they thought it a profitable thing to the King and his whole Kingdom to have all these things duely amended as soon as might be And the same Commons promise the King That if he will do Justice and speedy Execution upon such as should be found Culpable and do with them as Law and Reason required they undertake he would be so rich as to maintain his Wars and support his other Affairs for a long time without any great Charge to the Commons and they say further That in doing this he should do a thing Meritorious and pleasing to God and much for the Incouragement Three special Points to be amended of them freely to aid him according to their Power And then propound Three especial Points to be enquired into and amended First Whereas 4 Ib. n. 16. the Staple of Wooll and other Staple Merchandises and Bullion was lately ordained in Parlement to be at Calais and no where else for the great profit of the King and Kingdom the Advantage and Amendment of the Town for the Concourse of Merchants and their continual Residence there the said Staple Bullion and Trade is removed from thence and like to be lost by the procurement and counsel of the said Private Persons about the King and their Confederates for their singular Profit to the great damage and prejudice of the King and his Realm and destruction of the Town of Calais Secondly Whereas 5 Ibm. the King had need for divers Sums of Money for his Wars and otherwise some Persons by consent and contrivance of the said Private Persons about him made agreement for divers Sums to the use of the King upon Usury taking more from the King for Interest then they Bargained for to the Deceit and grievous Damage of the King Thirdly Whereas 6 Ibm. the King was Debtor to divers People upon Record in great Sums several had by Assent and Contrivance of the said Private Persons bargained with his Creditors for the 10th 20th or 100th Penny and procured the King to pay the whole Debt in Deceit of the King and his Creditors for the singular Profit of themselves and Confederates Upon these or some of these Points 7 Ib. n. 17. Richard Lyon impeached by the Commons several were impeached by the Commons First Richard Lyon Merchant of London and Farmer of the King's Subsidy and Customs He put himself upon the King's Grace and submitted his Body Lands and Goods to the King's Pleasure 8 Ib. n. 19. His Judgment He was adjudged to be Imprisoned during the King's Pleasure to loose the Franchise of the City never to bear Office under the King nor approach his Council or Court All his Goods and Chattels were seised into the King's Hands and Inquiry was made in all the Ports concerning his Extortions since his being Farmer of the Customs The Lord Latimer was 9 Ib. n. 21. The Lord Latimer accused accused par clamour des Communes by the Clamour of the Commons upon the Heads and Articles and as a Confederate with Lyon who tho he seemed to make a good satisfactory Defence yet by the Prelates and Lords in plein Parlement in full Parlement was adjudged 1 Ib. n. 28. His Judgment to be Imprisoned and make Fine and Ransom at the Will of the King and further upon the Petition of the Commons the King granted he should never have Office under him or be of his Privy Council He was 2 Ib n. 29. His great Bail Bailed by Four Bishops the Arch-Bishop of York being one Three Earls the Prior of St. John of Jerusalem and Twenty six Barons with promise That during the Parlement he should appear before the King and Lords to answer further to the Articles of which he was accused William Ellys 3 Ib. n. 31. William Ellys accused of Great Yarmouth was also accused par la surmyse des Communes by the Surmise of the Commons as Deputy to Richard Lyon Farmer of the Subsidy of 6 d. in the Pound of all Merchandises granted to the King of many Extorsions in Collecting of them and other Evil Practices 4 Ib. n. 32 His Judgment Notwithstanding his Answer which seemed satisfactory and sufficient he was awarded to Prison and to make Fine and Ransom at the King's Will and to give his Prosecutors several Sums for Injuries pretended to be done to them It displeased the King 5 Ib. n. 35. Alice Perer s Forfeiture and Banishment that Women should pursue and sollicite Business in the King's Court and therefore forbad all Women especially Alice Perers for the future to do it upon pain to forfeit whatever the said Alice could and to be banished the Realm Sitting this Parlement the Prince of Wales King Edward's The Death of the Prince of Wales Eldest Son died on the 8th of June being Trinity Sunday 6 Ib. n. 50. The Commons humbly pray the King That for the great Comfort of the whole Kingdom en grand confort de tout le Roialme he would order the Noble Child or Youth Richard of Burdeaux His Son Richard of Burdeaux brought into Parlement and made Prince of Wales c. Son and Heir of Edward late his Eldest Son Prince of Wales to come into the Parlement that the Lords and Commons might see and Honour him as the true Heir apparent of the Realm Which Request was granted and at the same time the Bishops Lords Temporal and Commons applied to the King to make him Prince of Wales Which was done The Commons Petition 7 Ib. n. 57. The Commons Petition about Justices of the Peace That Justices of the Peace may be named in every County by the Lords and Knights of the County in Parlement and Sworn before the King's Council and not to be removed without consent in Parlement and that they might be allowed Wages The King's Answer was 8 Ibm. Ro. The King's Answer They should be named by him and his continual Council and as to Wages he would advise The Major Aldermen and Commons of London shew unto the King 9 Ib. n. 143. The Grievances of the City of London they were impoverished and brought to nothing by reason their Franchises granted and confirmed by him and his Noble Progenitors were restrained and in a great measure taken from them and assign their chief
Grievance to be That any Stranger might have a House and dwell in the City be a Broker and buy and sell all sorts of Merchandises by Retail and Stranger sell to Strangers that they may again sell the same Goods to others to the great raising the Price of Merchandises and making them Dear Whereas in times past no Strange Merchant used any of these Practices against the Franchises of the City by which the Merchants of the City were much impoverished the Navy or Shipping much impaired the Private Transactions of the Nation discovered by those Strangers to his Enemies by Spies and others lodging in their Houses And then pray it They pray Remedy would please the King and his good Council in Charity to order in that Parlement that Merchant Strangers should be restrained in these Practices and that the Major Aldermen and Commons of the said City might enjoy their Franchises notwithstanding any Statute or Ordinance made to the contrary The King's Answer was 1 Ibm. Ro. The King's Answer upon Condition c. That upon Condition the City might be under good Government to the Honour of him and Profit of the Kingdom from thence forward no Stranger should have a House to be a Broker nor Sell any Goods by Retail within the City or Suburbs notwithstanding any Statute or Ordinance to the contrary saving to the German Merchants of the Haâ—s-Towns their Franchises Granted and Confirmed to them His Letters Patents to the same purpose by the King and his Progenitors According to the Purport and Effect of this Answer the Major Aldermen and Citizens of London obtained the King's Letters Patents Dated the 4th of November next following The Commons Petition the King That whereas great Riots 2 Ib. n. 164. The Commons Petition against Riots were committed in several parts of the Nation by great numbers of Armed Men that the Sheriffs might raise the Posse Comitatus or Power of the County to suppress them and that the Sheriffs and Justices of Peace might inform the King's Council of such Rebels de tiels Rebelles as refused to go with them The Answer was 3 Ibm. Ro. The King's Answer The King by Advice of his great Council would order Remedy if need were but in the mean time let the Statutes concerning that Matter be put in due Execution This Parlement ended July the 6th in the 50th of Ed. III. Whether the Two Kings sent their Commissioners to Bruges on the 15th of September 1375 as was agreed on or if so what was done then I find not however the Truce continued for in The last Truce continued the next year in a Commission to Thomas de Felton Seneschal or Steward of Aquitan and others Dated the 28th of May in the 50th of Edward the Third for Reforming whatever had been done against the Form of the Truce in that Dutchy and punishing the Offenders it appears that the Truce had then been lately renewed and prolonged from the last day of June next coming when it was to have ended to the first of April which should be in the year 1377 or 51st of Edward the Third Holinshed Fol 411. col 1. n. 60. says it was again continued to the first of May and then the War opened But the King many months before the Expiration of the Truce The King of France designing against King Edward had notice of a Design forming against him by the King of France having made an Alliance with Spain and Scotland to that purpose wherefore on the first of December in the 50th of his Reign he issued 4 Clause 50 Ed. III. M 6. Dors Part 2. He calls a Parlement Writs for a Parlement to meet on the Quinden of St. Hillary or 27th of January next coming at Westminster which was held by Commission to the Prince of Wales then about 10 years of Age the Bishop of St. Davids being Chancellor Who 5 Rot. Parl. 51 Ed. III. n. 11 12 13 The Declaration of the Causes of Summons in his Declaration of the Causes of Summons moved the Lords and Commons to a due Love Affection and Obedience toward the King and his Grandchild the Prince of Wales and then tells the chief Cause of Summons was for the Defence of the Land for that the King having at the Request of the Pope agreed to a Treaty of Peace and that there was a Truce made for a time while a Peace might be made which Truce his Adversary of France had broken and was preparing for War and by the assistance of Spain Scotland and other Enemies to destroy the King Kingdom and English Language To obviate this Design and the Malice of his Enemies and to Maintain the Peace of the Nation within and without by their Counsel and Advice was his great Intention as also to know how the Expence of the War should be provided for and for that it was not fit for a Bishop to say any thing against the Pope Monsieur Robert de Ashton Chamberlain to the King was appointed to propound how further Provision might be made against his Vsurpations as should by a Bill be shewed in this Parlement At another 6 Ib. n. 18. meeting of the Prelates Lords and Commons in Parlement the Commons in the King's Name were directed to go to their Old Place the Chapter House of the Abby of Westminster there to treat and advise how due Resistance might be made to the Enemies of the Nation for the safety of the King Kingdom Navy and themselves and how Money might be most speedily raised to the least Grievance of the People The Prelates and Lords Treating likewise about the same Matters there was A Committee of Lords appointed by Parlement to Treat with the Commons assigned in Parlement to have Conference with the Commons for their better Information the Bishops of Lincoln Chichester Hereford and Salisbury the Earls of Arundel Warwick Salisbury and Stafford the Lords Percy Roos Fitzwalter and Basset To Maintain his 7 Ib. n. 19. Wars considering the great Charges the King was to be at for them the defence of the Kingdom and otherwise the Lords and Commons Grant him Four pence of the A Tax granted Goods of every Person des biens de chescune persone of the Kingdom Male and Female above Fourteen years of Age except very Beggers and most humbly pray their Liege Lord he would please to excuse them that they could grant him no greater Subsidy being most willing to have done it but that they were so impoverished of late by great Losses at Sea as otherwise pur grands perdes sur la meer come autrement that they were unable at present And the Commons 8 Ib. n. 20. Treasurers for the Tax prayed the King he would please to Name Two Earls and Two Barons that should be Treasurers as well of this Subsidy as of that the Clergie was yet to grant and also of the Subsidy of Wool Pelts and Leather
coming and that those that stayed beyond that Feast might be Outlawed and the Abbies and Priories which they possessed might be seized into the King's Hand and Englishmen placed in them according to the Advice of the Ordinary of the Place For that the young English Scholars who had and then did neglect their Studies and those that should be the Teachers of their Faith and would undertake it if they had any hopes to be incouraged And that the good Priories were in the Hands of Strangers who carried the Revenues beyond Sea so that for this reason their Faith was like to come to nothing That the strange Monks were only Laymen and the King their Patron The 7 Ib. Ro. Answer That the Religious Aliens were Spiritual Persons and in their Houses by Institution which thing could not be Tried in Parlement quele chose ne poet Estre trie en Parlement And as to their Lands and Benefices they were in the King's Hands and he received the Profits of them but as to Outing of them it could not be done without Consulting the King It was also Prayed 8 Ib. n. 32. That Strangers Enemies in England who should remain there after St. Michael and should be Outlawed Command might be given to seize their Possessions and Goods to the King's Use and he to cause Englishmen to inform the Parishioners and support the Chanteries for that those that were advanced in England were Taylors Shoemakers and Chamberlains to Cardinals sont Taillours Suours Chamberleyns as Cardinalx so that the Parishioners were not informed by them and their Faith decreased daily The 9 Ib. Ro. Answer was near the same with the other That they were Spiritual Persons and the King had taken the Profits as abovesaid and as to Outing them of their Benefices it could not be done without the King's Assent Notwithstanding these Proceedings in Parlement against the Pope's Bulls his Provisions and Reservations and the Proclamations and Inhibitions thereupon the same Course was continued for in the 25th of his Reign 1 Rot. Parl. 25 Ed. III. Part 1. n. 13. the Commons in a long Petition to the King and Peers of the Land Item prie sa dite Comunes a nostre dit Seigneur le Roy a les Pieres de la terre veer regarder un tres Grand Mischief c. pray them to take notice of the great Mischief and Destruction of late coming upon the Kingdom by the Pope's Reservations by Brocage and purchasing his Provisions and many of the former Grievances complained of which turned to a greater Ruine of the Nation then the whole War and Request the King would please with his Council to ordain Remedy in that Parlement for that the longer these things were suffered there would be the greater difficulty in Reforming them and it was then 2 Ibm. Agreed the Answer to this Petition should be made a Statute for which see Statutes at Large and Pulton in this year And in a Second Parlement the same year the Commons 3 Ib. Part 2. â— 43. pray this Statute concerning Provisions and Reservations might be published and put in Execution against such as acted to the contrary The Answer 4 Ibm. was That the Statute should be recited before the Council and if need were it should be better worded and amended so as the Estate of the King and Kingdom might in all things be safe and preserved In the 27th of the King 5 Statute aâ— Large 27 E. III. c. â— upon the grievous Complaint of the Great Men and Commons That divers of the King's People had been drawn out of the Kingdom to answer things the Cognisance whereof belonged to the King's Court And that the Judgments given in the same Court were impeached in another Court in prejudice and disherison of the King and his Crown and all the People of the Realm in destruction and undoing of the Common Law It was accorded and assented by the King Great Men and Commons That any of the King's Ligeance who should practice such things and upon warning given him to appear before the King and Council or before his Justices at the time appointed to undergo the Law and did not should be put out of the King's Protection and his Lands Goods and Chattels forfeit to the King his Body to be Imprisoned and Ransomed at the King 's Will. During this Contest between the King and Pope or Secular and Ecclesiastick Power then so termed the King was very kind to the Clergie in confirming their old and granting them many new Liberties and Priviledges as appears by the Statutes made for the Clergy in Print in the Statutes at Large in the 14th 18th and 25th of his Reign From this time all things were pretty quiet no considerable things complained of in Parlement against the Pope and his Provisions until the 47th of his Reign when the Commons 6 Rot. Parl. 47 E. III. n. 30. Request Remedy against them for that by reason thereof he received the First Fruits of Ecclesiastical Dignities and by that Means the Treasure of the Realm was conveyed away which they could not bear The Answer was 7 Ib. Ro. The King had Embassadors at the Court of Rome concerning these Matters before whose Return he could not give them Satisfaction In the Fiftieth year of his Reign 8 Append. n. 100. the Knights Citizens and Burgesses which came to this Parlement for the Commonalty of the Realm do pray the King and his Council and supplicate on behalf of the Commonalty That he would please to have good Consideration to the Things underwritten and Faults following and Ordain convenient Remedy which will be the most pleasing to God and kind to Holy Church the most profitable to him and his Kingdom that ever was done it being their holy Faith and firm Hope that those who please God and holy Church shall be accepted in whatever they do First That he would please to think and re-think how his Noble Progenitors Kings of England and other Great Men of the same Land autres Grands de mesme la terre built Churches and in process of time by great Devotion endowed them with Riches Rents Lands and great Possessions Franchises and Temporalities which with what the King himself had given amounted to more then the Third part of his Kingdom and think how all these things were given upon such Devotion and Intent that the Profits rising from them should be spent upon the Places where they were given to the Honour of God and Maintenance of the Places belonging to them in Hospitality and Alms and divers Works of Charity in the Service of God and Holy Church in Chaplains Clerks and Poor that Prayed Night and Day for their Holy Father the Pope for Holy Church for the King and Kingdom for Peace for their Founders Patrons and Benefactors for their Souls and all Christian Souls And think how the Kings and other Great Men autre
vast Number of such People under the Conduct of John Littister a Dier of Norwich took upon them the same Pretences and were the very same in all their Actions These compelled the Lord Scales Sir William Morley Sir John Brewes Sir Stephen Hales and Sir Robert de Salle to remain with them who seemed to do and allow what they did except Sir Robert Salle who publickly condemning and abhorring what they did had his Brains beat out The other were Litister's Favourites who now called himself King of the Commons who had his Royal Who stiled himself King of the Commons and had his Royal Officers Officers amongst whom Sir Stephen Hales was his Carver These Rebellious People whether they were wearied with or repented of what they wickedly had done and confidered what they must do sent Two of the Knights Sir William Morley and Sir John Brewes with Three of their own in whom they put most Confidence to the King where-ever he should be to obtain a Charter of Manumission and Pardon and that it might be more large than the Charters granted to other Counties They had given them a great Sum of Money which had been received of the Citizens of Norwich to preserve their City from Burning Slaughter and Plundering that they might thereby obtain what they desired Henry Spencer 2 Ibm. n. 50. f. 264 n. 10 20 30 40. The Conduct Courage and Bravery of H. Spencer Bishop of Norwich Bishop of Norwich being then in Rutlandshire hearing of this Insurrection in Norfolk was coming thither with eight Lances only and a few Archers at Icklingham near Barton-Mills he met with the Two Knights and their Three Companions going to the King and upon strict enquiry finding out the Three Traitors he presently caused their Heads to be cut off and proceeded into Norfolk where the Military Men and Gentlemen came to and marched with him to North-Walsham where the Rebels were encamped he with the Force he had with him being the first Man that charged the Enemy affaulted their Trenches and obtained the Ditch The Fight was sharp for a while but the Rabble soon fled In the pursuit many of them were killed Litister The chief Movers of this Rebellion drawn hanged and beheaded and the Chief Movers of this Rebellion were taken who were Drawn Hanged and Beheaded with many others thro' the whole Country by which means it was reduced into a peaceable Condition 3 Col. 2639. n. 10. Knighton says this Martial Bishop did the same things in Cambridge and Huntington-shires if so 't is more than probable he also reduced those of Bury St. Edmonds and the whole County of Suffolk being part of his Diocese into good Order Commissions of Oyer and Terminer The Countries where these Insurrections and Tumults were being now pretty quiet Commissions of Oyer and Terminer were Issued for the Trials of the Chief Contrivers and Managers of them 4 Wals f. 267 n. 10 20 30. for the Trial of the Rebels Those taken in London tried before the Lord Major J. Straw and others beheaded Those of London and such of Kent Essex Sussex Norfolk and Suffolk as were found within the Liberties of the City were Tried before the Lord Major of whom the Chief were John Straw John Kyrkeby Alan Treder and John Starling who Gloried that he Murthered the Arch-Bishop These had their Heads cut off and several others not named At St. Albans 5 Ibm. f. 276. n. 30 40. Gryndecobbe Cadyndon John the Barber and 15 others hanged at St. Aâ—bâ—â—s William Gryndecobbe William Cadyndon and John the Barber with 15 others were Condemned Drawn and Hanged Of the Chief Men of the Town were Imprisoned Richard Walyngford John Garlek William Berewill Thomas Putor and many other of the ordinary sort Of the Country were imprisoned 80 Persons who afterwards by the King's Mercy were set at liberty John Ball 6 Ib. f. 275 276. John Ball a Priest hang'd drawn and quartered also a Priest was taken at Coventry and brought to St. Albans where he was adjudged to be Hanged Drawn and Quartered and was executed on the 15th of July having been some Days Reprieved by the Mediation of the Bishop of London 7 Ib. f. 275. n. 10 20. His Speech on Black-heath to the Malefactors This Man had Preached to please the People above Twenty Years He made a Speech to the vast Multitude of Malefactors at Black-heath and took for his Subject the Old Rime Whan Adam Dalfe and Eve Span Who was than a Gentleman From which he inferred 8 Ib. n. 30 40. The Heads of his Speech That by Nature all Men were equal That Servitude was introduced by the injust Oppression of Wicked Men against the Will of God for if God had intended to have created Servants in the beginning of the World he would have appointed who should have been Servants and who Lords or Masters advising them to consider that then was the time given them by God in which they might shake of the Yoak off Servitude if they would and enjoy their long-desired Liberty And to this end further advised them to be Stout and hasten to procure it first by killing all the Great Men of the Kingdom then the Lawyers Justices and Jury-men and lastly to destroy all such as they knew would be injurious to them for the future So as then they might acquire Peace and Security and there would be equal Liberty the same Nobility the like Dignity and the like Power amongst them This Speech with the 9 Ibm. f 265. n. 20 30 40. John Straw's Speech and Confession at the time of his death Confession of John Straw at the time of his death discovers the full Intention of these Riots Rebellions and Tumults He said that when they assembled at Black-heath and sent to the King to come to them their Purpose was to have slain all the Knights Esquires and Gentlemen that came with him and to have carried the King with them from Place to Place that the Rabble might with greater Boldness come to them when they should see him as it were the Author of their Insurrections That when there should have been great Numbers got together in all Countries they were to have killed the Lords or Knights who were able to advise against or resist them especially the Hospitalers At last they were to have killed the King and all Bishops Monks Canons and Rectors of Churches that were Endowed and had Lands and Possessions sparing only the Friers Mendicants who were sufficient to celebrate and perform Divine Rites thro' the whole Nation These things done when there had been none Greater none more Potent none more Knowing than themselves they would have made such Laws as they pleased by which the People were to be Governed They intended also to have made Kings as Wat Tiler in Kent and in every other County One. On the Night also of that Day whereon Wat Tiler was killed the poor Rabble being on their
and Traitors by their false Imaginations Deceits and Accroachments abovesaid Which Securities and Oaths were against the Good Laws and Usages of the Land and against the Oath of the King to the great Ruin and Dishonour of the King and Kingdom XX. Also by force of such Bonds and Oaths all the Realm was put into great Trouble by the said Evil-doers and Traitors and in peril to have suffered many importable Mischiefs XXI Also to bring about their Traiterous Purposes the said Five caused the King to go into several Parts of the Kingdom for some long times whereby the Lords assigned by the said Ordinance Statute and Commission could not Advise with him about the Business of the Kingdom so as the Purport and Effect of the Ordinance Statute and Commission were Defeated to the great Ruin of the King and Kingdom XXII Also the said Robert de Vere Duke of Ireland by the Counsel and Abet of the other Four Traitors accroaching to himself Royal Power without the King's Commission or other sufficient usual Warrant made himself Justice of Chester and by himself and Deputies held all manner of Pleas as well Common as of the Crown and gave Judgments upon them and made Execution thereof and also caused many Original and Judicial Writs to be sealed with the Great Seal used in those Parts And also by such Accroachment of Royal Power he caused to rise with him a great Part of the People of that Country some by Threats others by Imprisonments of their Bodies some by seizing of their Lands others by many Dishonest Ways by colour of the said Office and all this to make War upon and destroy the Lords and other the King 's Loyal Lieges in undoing the King and whole Realm XXIII Also the said Traitors Robert de Vere c. Alexander c. Michael c. by the Counsel and Abet of Robert Tresilian and Nicholas Brembre incroaching to themselves Royal Power caused to be delivered John de Blois Heir of Britan who was Prisoner and Security to the King and Kingdom without Assent of Parlement and the King 's Great Council and without Warrant to the great Strengthening of the Adversary of France the great Ruin of the King and Realm and against the Statutes and Ordinances aforesaid made in the last Parlement XXIV Also the said Five Traytors caused the King to have a great Retinue of late of divers People to whom he gave Badges which was not done in ancient time by any Kings his Progenitors that he might have Power to perform their false Treason aforesaid XXV Also the aforesaid Five Misdoers and Traytors in full accomplishment of all their Treasons aforesaid and to make the King give Credit to them and their Counsel and hold them more Loyal and greater Sages then others of his Kingdom and the more to colour their false Treasons they caused the King to make come before him in several Places of the Kingdom divers Justices and Lawyers Robert Tresilian Robert Belknap John Cary John Holt Roger Fulthorp William Burgh his Justices and John de Loketon Serjeant at Law and with them John Blake Referendary and others which Justices Serjeant and John Blake being asked in the presence of the King by the Misdoers Whether the foresaid Ordinance Statute and Commission were made in Derogation of his Royalty and Prerogative or not and divers other Questions To which they answered in manner following Be it Remembred That on the Twenty first day of August in the Eleventh year of King Richard the Second at the Castle of Nottingham before the King Robert Tresilian Chief Justice and Robert Belknap Chief Justice of the Common-Pleas John Holt Roger Fulthorp and William Burgh Knights Justices Associate of Robert Belknap and John Lokeson the King's Serjeant at Law in the presence of the Lords and other Witnesses underwritten personally there being were required by the King upon their Faith and Allegiance to answer faithfully to certain Questions and speak the Law concerning them according to their Discretion First It was demanded Whether the new Statute Ordinance and Commission made in the last Parlement at Westminster The Opinion of Judges c. concerning the Statute and Commission did derogate to or from the King's Royalty and Prerogative They unanimously answer It did especially for that they were contrary to the King 's Will. 2. Also it was demanded How those were to be punished that procured the Statute Ordinance and Commission to be made They unanimously answer With Death unless the King would shew them favour 3. Also it was demanded How they were to be punished that Excited the King to Consent to the making of that Statute Ordinance and Commission They unanimously answer as to the last Question 4. Also they were demanded How they were to be punished that forced or straitned the King qui compiderunt sive Arctarunt Regem to consent to the making of the Statute Ordinance and Commission They unanimously answer They were deservedly to be punished as Traytors Likewise they were demanded How they were to be punished who hindred the King from Exercising those things which belonged to his Prerogative and Royalty They also unanimously answer They were to be punished as Traytors 5. Also it was demanded Whether after the Parlement was met and the Business of the Kingdom and the Cause of the Meeting of the Parlement by the King's Command declared and certain Articles appointed by the King upon which the Lords and Commons ought to proceed if the Lords and Commons would proceed upon other Articles and not upon the Articles limited by the King until they had the King's Answer to their own Articles notwithstanding the King had injoined them to the contrary Then Whether the King ought to have the Government of the Parlement and indeed to govern effectually so as upon the Articles limited by the King they ought first to proceed Or Whether the Lords and Commons ought first to have Answer from the King to their own Articles before there were further Proceedings Nunquid Rex debeat habere in ea parte Regimen Parliamenti de facto Regere effectum quod super Articulis limitatis per Regem primo debeant procedere vel an Domini Comunes primo debeant habere Responsum a Rege super Articulis per eosdem expressis antequam ulterius procedatur They unanimously answer That in such Case the King should have the Government and so in order in all other Articles touching the Parlement to the end of the same and if any one acted contrary to this Government of the King he was to be punished as a Traytor 6. Also it was demanded Whether the King when he pleased might not Dissolve the Parlement and Command his Lords and Commons to depart from thence They unanimously answer He might and if any one afterward proceeded as in Parlement against the King's Will he was to be punished as a Traytor 7. Also it was demanded Whether when the King pleased to Remove
Temporal as well the Lords Appellants as all others and by them agreed That considering the tender Age of the King before that time and the Innocency of his Royal Person that nothing contained in the Appeal nor in any Article thereof nor in the Judgments given should be accounted any Fault or Dishonesty in his Person in no manner for the Cause abovesaid nor should turn in Prejudice of his Person by any Contrivance or Interpretation whatever but that the false Treason and Default abovesaid should be charged upon the Appealed and that the Judgments given against them should have full Force and Virtue notwithstanding any thing could be said or alledged to the contrary Upon 2 Ibm. Several others impeached by the Commons Monday the 2d Day of March next following Sir Robert Belknap late Chief Justice of the Common Bench Sir Roger Fulthorp Sir John Holt Sir William Burgh late his Companions of the same Bench Sir John Cary late Chief Baron of the Exchequer and John Loketon late Serjeant to the King were accused and impeached by the Commons in Parlement for putting their Hands and Seals to the Questions and Answers aforesaid by the Procurement of the Appealed and Convicted Persons of Treason to cover and affirm their High Treasons c. pour coverer affermir lour hautes Tresons a Copy whereof was exhibited and read before them and they were answered as was surmised by the Commons in the said Copy and they answered They could not gainsay it but that the Qustions were such as were asked them but the Answers were not such as they put their Seals to Sir Robert 3 Ibm. Sir R. Belknap his Excuse Belknap pleaded That the Arch-Bishop of York in his Chamber at Windsor told him That he devised the Commission and Statute c. That the King hated him above all Men and that if he found not some way to make void the Statute and Commission he should be slain as a Traitor He answered That the Intention of the Lords and such as assisted at the making of them was That they should be for the Honour and good Government of the State of the King c. That he twice parted from the King dissatisfied and was in doubt of his Life and said the Answers were not made by his Good-will but contrary to his Mind by the Threats of the Arch-Bishop of York Duke of Ireland and Earl of Suffolk and that he was Sworn and Commanded in the Presence of the King upon pain of Death to conceal this matter as the Counsel of the King And prayed for the Love of God he might have Gracious and Merciful Judgment Sir John Holt 4 Ibm. Sir J. Holt made the same Excuse alledged the same matter of Excuse and made the same Prayer Sir William 5 Ibm. Sir W. Burgh and Sir J Cary the same Burgh and Sir John Cary pleaded the same matter of Excuse and made the same Prayer Sir Roger 6 Ibm Sir R. Fultâ—orp and J. Loketâ—n the same Fulthorp and John Loketon make the same Excuse and Prayer To which 7 Ibm. Notwithstanding their Excuses the Commons pray they may be Judged Convicted and Attainted as Traitors the Commons answered They were taken and holden for Sages in the Law and the King's Will was That they should have Answered the Questions as the Law was and not otherwise as they did with Design and under colour of Law to Murder and Destroy the Lords and Loyal Lieges who were Aiding and Assisting in making the Commission and Statute in the last Parlement for the good Government of the State of the King and Kingdom and therefore the Commons pray they may be Adjudged Convicted and Attainted as Traitors Upon 8 Ibm. which the Lords Temporal took time by good Deliberation to examin the Matter and Circumstances of it and for that they were at and knew of the making of the Statute and Commission which they knew were made for the Honour of God and Their Judgment for the good Government of the State of the King and whole Kingdom and that it was the King's Will they should not have otherwise Answered than according to Law and had Answered as before They were by the Lords Temporal by the Assent of the King adjudged to be Hanged and Drawn as Traitors and their Heirs Disherited their Lands Tenements Goods and Chattels to be forfeit to the King On 9 Ibm. J. Blake impeached Tuesday March 3. John Blake and Thomas Vsk were brought into Parlement and first John Blake was impeached by the Commons That being retained of Council for the King drew up the Questions to which the Justices made Answer and contrived with the Persons Appealed that the Lords and others the King 's Loyal Lieges that caused the Commission and Statute to be made in the last Parlement to have them indicted in London and Middlesex for Treason and that they might be arrested and falsly traiterously and wickedly murdered and that he was aiding and advising in the Treasons aforesaid to the Appealed Then Thomas 1 Ibm. T. Usk accused Vsk was accused for procuring himself to be made Vnder-Sheriff of Middlesex to the end to cause the said Lords and Loyal Lieges to be Arrested and Indicted as hath been said before and was Aiding and Counselling the Appealed in the Treasons aforesaid John 2 Ibm. Their Answers Blake answered he was retained of Counsel for the King by his Command and sworn to keep secret his Advice and whatever he did was by the King's Command whom he ought to obey And Thomas Vsk gave the same Answer Whereupon the Lords Temporal took Deliberation until the morrow being the 4th of March when the said John and Thomas were again brought into Parlement and good Advice and Deliberation having been taken by the Lords pronounced them Guilty of the things whereof they were accused 3 Ibm. And Judgments And whereas they alledged for their Excuse the King's Command it made their Crime the greater for that they knew well that the Appealed and Adjudged accroached to themselves Royal Power as said is before and it was their Command and not the King 's and then the Lords Awarded by Assent of the King they should both be Drawn and Hanged as Traitors and open Enemies to the King and Kingdom and their Heirs Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and they were Executed the same Day On 4 Ibm. Sir â— Bâ—â—â—nâ—p and 5 others Friday the 6th of March Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon were brought into the Parlement and the Lords were advised That they were at the making of the Commission and Statute in the last Parlement and Sir John Cary knew well they were made to the Honour of God and the good Government of the State of the King and the whole Kingdom and so on as before And then
a Token of his Intention as was said before the Arch-Bishop taking King Henry by the Right Hand led him to the Royal Throne and when the same King had Kneeled and Prayed a while before it the Arch-Bishop of Canterbury the Arch-Bishop of York assisting him placed him therein the People for great Joy Shouting mightily When the Shouting was over 4 Ib. n 55. the Arch-Bishop of Canterbury made a short Preachment or Collation as 't is called upon the Roll his Text or Theme was Vir dominabitur Populo 1 Sam. c. 9. v. 17. The English Version of the whole Verse according to the Vulgar Edition runs thus And when Samuel saw Saul the Lord said unto him Behold the Man whom I spake to thee of this same shall Rule over my People Iste dominabitur Populo meo In this Collation he makes a Comparison between King Richard who he makes a Child and his whole Government a Childish Acting and King Henry a Perfect Wise Man In this Comparison he makes use of several Places of Scripture but how properly or how to the purpose belongs not to this Place to say At length he insinuates That by Childish Government the Nation had been in great Danger but now they were freed from it because a Man will Reign to wit he that says not as a Child but one of Perfect Reason I came not to do my own Will but the Will of him that sent me that is God And therefore we may not only say of this Man That he will think of things in Wisdom but also as a Man and not as a Child In sensu cogitabit circumspectionem Dei He will in earnest think of the Circumspection or Providence of God id est circumquaque diligenter aspiciet ut Dei voluntas non sua fiat that is he will look diligently every way about him that God's Will not his own may be done and so in the Place of a wanton Child a Man Rules over the People and such a Man that it may be said The King shall Reign and he shall be a Wise Man and do Judgment and Justice in the Land Which Collation ended 5 Ib. n. 56. King Henry to quiet the Minds of his Subjects said publickly these Words SIRES I Thank God and zowe Spirituel and Temporel and all the Astates of the Lond and do zowe to wyte it es noght my Will that no Man thynk that be waye of Conquest I wold Disherit any Man of his Heritage Franches or other Ryghts that hym aght to have no put hym out of that that he has and has had by the gude Lawes and Custumes of the Rewme except those Persons that has ben agan the gude Purpose and the comune Profyt of the Rewme And forthwith 6 Ib. n. 57. it being considered that the Throne being Vacant by the Cessation and Deposition of King Richard the Power of all the Justices Sheriffs and other Officers through the Kingdom ceased lest Justice might be delayed to the Grievance of the People he Named his Principal Officers and Justices who took the usual Oaths And forthwith Proclamation was made by the King's Command That on Monday next after the Feast of St. Michael a Parlement should be held in that Place and that on Monday next following on the Feast of St Edward the Coronation should be at Westminster and that who claimed any Service then might put in their Petitions before the Steward Constable and Marshall of England where they should receive full Justice And for the shortness of Time assigned for the Sitting of the Parlement the King made Protestation it was not his Intention it should be any Prejudice to the States of his Kingdom or that it should be made an Example for the future but that it was only for the Profit of the Kingdom and specially to spare the Labour and Expences of his Lieges and that the Grievances of the People might have speedy Remedy All which things being finished 7 Ibm. n. 58. the King rose from his Throne and beholding the People with a chearful Countenance departed and the same Day in the White Hall in Alba Aula he had a great Entertainment for the Noble and Gentlemen who were there in great Numbers These things were done on Tuesday the 30th of September And afterwards on the next day 8 Ibm. being Wednesday the Deputies or Proctors before mentioned went to Richard late King in the Tower as they had been enjoined William Thirnyng Justiciary for himself and Fellow-Proctors in the Name of all the States and People notified to Richard and fully declared the Admission of his Renunciation and the Manner Cause and Form of the Sentence of his Deposition and presently Resigned the Homage and Fealty that had been made to the late King Richard as follows The Words 9 9 Ibm. n. 59. which William Thirnyng spake to Monsieur Richard late King of England at the Tower of London in his Chamber there on * * Note this Wednesday was Octob. 1. Wednesday next after the Feast of St. Michael the Archangel SIRE IT is wele known to zowe That ther was a Parlement somond of all the States of the Reaume for to be at Westmynstre and to begynne on the Teusday in the morrow of the Fest of Seint Michell the Archaungell that was zesterday by cause of the whiche Sommons all the States of this Lond were there gadyrd the whiche States hole made thes same Persones that ben comen here to zowe nowe her Procuratours and gafen hem full Auctorite and Power and charged hem for to say the Wordes that we sall say to zowe en her Name and on their Behalve that is to wytten The Bishop of St. Assa for Ersbisshoppes and Bisshoppes the Abbot of Glastenbury for Abbotes and Priours and all other Men of Holy Chirche Seculers and Rewelers the Erle of Gloucestre for Dukes and Erles the Lord of Berkeley for Barones and Banerettes Sire Thomas Irpyngham Chamberleyn for all the Bachilers and Commons of this Lond be South Sire Thomas Grey for all the Bachilers and Commons by North and my Felawe Johan Markham and me for to come with hem for all thes States And so Sire these Wordes and the doying that we sall say to zowe is not onlych our Wordes bot the Wordes and the Doyings of all the States of this Lond and our Charge and in her Name And he answered and said That he wyst wele that we wold not say but as we were charged Sire ze remembre zowe wele That on Monday on the Fest of St. Michell the Archaungell ryght here in this Chambre and in what Presence ze Renounsed and Cessed of the State of Kyng and Lordeship and of all the Dignite and Wyrshipp that longed therto and assoiled all zour Lieges of her Legiance and Obeysance that longed to zowe uppe the Forume that is contened in the same Renunciacion and Cession whiche ze redde zour self by zour Mouth and affermed it by zour Othe