reasonable Fine he injuriously revoked those Letters Patents against the Laws of the Land incurring Perjury Thirteenthly Notwithstanding it had been Ordained 4 4 Ibm n. 30. That every Year the King's Officers with the Justices and others of his Council should Nominate and Chuse the Sheriffs of all Counties according to their Discretion yet he Commanded others of his Party and such as would do as he would have them to be Sheriffs to the great Grievance of his People contrary to the Laws of his Kingdom notoriously incurring Perjury Fourteenthly That whereas 5 5 Ibm. n. 31. the said King Borrowed several Sums of Money from Lords and others by his Letters Patents promising faithfully to pay them at a certain Term he did not perform his Promise whence his Creditors were much grieved and not only they but many others thought him an unfaithful King Fifteenthly Whereas the Kings 6 6 Ibm. n. 32. of England used to live upon the Revenues of the Kingdom and Patrimony of the Crown in time of Peace without Oppression of his People yt the same King during his whole time gave the greatest part of his Revenue to unworthy Persons and imposed Burthens upon his Subjects as it were every Year by which he excessively oppressed his People and impoverished his Kingdom not employing these Goods to the Advantage of the Nation but prodigally wasting them in Ostentation Pomp and Glory owing great Sums for Victuals and other Necessaries of his House though his Revenues were greater than any of his progenitors Sixteenthly The same King 7 7 Ibm. n. 33. not willing to keep and protect the Just Laws and Customs of his Kingdom but do what he pleased when those Laws were declared to him by the Justices and others of his Council desiring Justice might be done accordingly he said expresly with an austere Countenance That the Laws were only in his Mouth and Breast and that He only could Make and Change the Laws of this Kingdom And being so seduced he would not permit Justice to be done to many of his Lieges but by Threats and Terrours forced many to cease from the Prosecution of Common Justice Seventeenthly That whereas 8 8 Ibm. n. 34. Laws made in Parlement do always bind until revoked by another Parlement yet the same King desiring to enjoy such Liberty as no Laws might bind him and to do what he pleased he cunningly procured such a Petition on behalf of the Community of his Kingdom to be exhibited in Parlement and to be granted That he might be as free as any of his Progenitors before him By colour of which Petition and Grant he often commanded and caused many things to be done contrary to the Laws not revoked doing expresly and knowingly against the Oath taken at his Coronation Eighteenthly Though it had been Ordained 9 9 Ibm. n. 35. That no Sheriff should continue in his Office above a Year and could not be again Chosen to that Office in three Years after the same King for his singular Profit and sometimes for the Benefit of others suffered some Sheriffs to remain in their Offices for two or three Years contrary to the Tenour and Effect of the Statute incurring Perjury and this was Notorious Publick and Famous Nineteenthly Although by Law and 1 1 Ibm. n. 36. Custom the People ought to be free to Chuse Knights to represent them in Parlement to propound their Grievances and provide Remedies for them yet the said King that he might obtain his own rash Will in his Parlements directed by Writs often to the Sheriffs to send such as he Named some of whom he induced by Favours others by Threats and Terrours others by Bribes to consent to things Prejudicial to the Kingdom and grievous to the People and especially by granting to him the Subsidy of Wooll for his Life and another Subsidy for certain Years too much oppressing the People Twentiethly the same King 2 2 Ibm. n. 37. that in all things he might act Arbitrarily unlawfully made and commanded all the Sheriffs to Swear beyond their usual Oath That they would obey all his Commands sent to them under the Great Seal Privy Seal or Signet and in case they should know any in their Bailiwics or Jurisdictions should speak any Ill publicly or privately to the Disgrace or Scandal of the King's Person they should arrest and commit them to Prison there to remain while they received other Commands from the King as it might be found upon Record which Practice might likely tend to the Destruction of any of his Subjects 21. The same King 3 3 Ibm. n. 38. that he might supplant his People and get their Estates to enrich himself caused the People of Sixteen Counties by Letters under their Seals to submit to him as Traitors by colour of which he obtained of them great Sums of Money to procure his Favour And although to please the People those Letters Obligatory were restored to them yet their Procurators had full Power to bind themselves for them to the King which he caused to be done and so deceived his People and subtilly extorted their Goods from them 22. Although the same King 4 4 Ibm. n. 39. Sware at his Coronation to Preserve the Liberties granted to the Church of England yet by reason of his Voyage into Ireland he by his Letters Commanded many Religious Persons Abbats and Priors some to send him Horses others Waggons others great Sums of Money and by his way of Writing he forced many by Fear to comply with his Demands whence they were impoverished and oppressed in manifest derogation to Ecclesiastic Liberty by which Pretext he incurred Perjury 23. In many Great 5 5 Ibm. n 40. Councils when the Lords and Justices were charged to Counsel him faithfully in things t ha touched his own and the State of the Kingdom they were often so sharply rebuked and reproved that they dare not speak Truth in giving Advice concerning the State of the Kingdom 24. The Treasure 6 6 Ibm. n. 41. Reliques and Jewels of the Crown which ought to be preserved in the Treasury for the Honour of the King and Conservation of the Kingdom if any thing might happen the said King carried with him toward Ireland without the Consent of the States of the Kingdom whence the Kingdom had been greatly impoverished if God had not otherwise provided for the taking of those Goods from him against his Will And further he caused the Records concerning the State and Government of his Kingdom to be rased in great Prejudice of his People and Disinheritance of the Crown and very likely as it was believed for the Support of his ill Government 25. He was so Variable 7 7 Ibm. n. 42. and Dissembling in Words and Writing and so Contrary to himself specially in Writing to the Pope Kings and other Lords without and within the Kingdom and also to his Subjects that no Man living knowing
other Certainly I fear that the same will happen unto us which Aesop fableth to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them The first Fall whereof did put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage and then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardise and Dulness of Nature The Next Heir is likewise rejected I will not say that with greater Courage we shall find greater Cruelty But if either of these shall hereafter be able to set up their Side and bring the Matter to Trial by Arms I do assuredly say That which part soever shall carry the Fortune of the Field the People both ways must go to wreck And thus have I declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the Weight of the Cause doth require And do boldly conclude That we have neither Power nor Policy either to Depose King Richard or to Elect Duke Henry in his Place That King Richard remaineth still our Soveraign Prince and therefore it is not lawful for us to give Judgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being Banished the Realm for Ten Years by the King and his Council amongst whom his Own Father was Chief and sworn not to return again without special Licence he hath not only violated his Oath but with impious Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Judgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our Private and Common Dangers somewhat withdraw us from these violent Proceedings After they had thus disposed of Richard II. and done for Henry what he could desire the Commons petitioned That all such as came into the Kingdom with him or came to him afterward and acted with him and against King Richard might not be impeached grieved or vexed but pardoned The King's Answer was 6 Roi. Parl. 1 H n. IV. n. 139. The Confederates and Followrs of Henry IV. pardoned le Roy voet fair pardon en maners come fust fait l'an primere le Roy Edward teirce The King willeth to give such a Pardon as was made or given in the first Year of Edward III. for which see Statutes at Large 1 Edw. III. Cap. 1. and 1 Hen. IV. Cap. 2. where are both Pardons in the same Words only what ought to be altered as to Names and Circumstances was altered The Deposed King after the Sentence of his remaining in secure and safe Custody was immediately sent to the Castle of 7 K. Richard sent to Leeds-Castle and from thence to Pontfract Leeds in Kent and from thence to Pontfract-Castle in York-shire The King of France whose Daughter he had Married prepared a great Fleet and raised an Army to invade England and destroy him and the Church of England also the People of the Kingdom by Sea and Land as 't is said by King Henry in his Writ 8 Append. n. 116. King of France prepares to relieve K. Richard to the Arch-Bishop of Canterbury to cause all the Ecclesiasticks of his Province to Arm and Array what Men they could to oppose him This Writ bears Date January 17. in the first of his Reign After this and before the 29th of the same Month the King of France had notice of King Richard's Death 9 Append. n. 117. His Death changes his Mind How K. Richard was Murthered not certain Upon which Day he confirmed the Truce he had made with him in the Year 1396. for 28 Years How this unfortunate Prince died was killed or murthered 't is uncertain Many say he had Meat set before him but not being suffered to eat he died of forced Famine Walsingham 1 Histor f. 363. n. 50. says he voluntarily starved himself and died on St. Valentin's Day or the 14th of February in Pontfract-Castle which agrees not with the Date of the King of France's Instrument as above unless it might be given out he was dead before he really was so Hollinshed 2 Chronic. f. 517. col 1. tell us That one Writer but names him not that pretends to know more of King Richard's Death than others reports That one Day King Henry sitting at Dinner fetched a great Sigh and spake these Words Have I no faithful Friend that will deliver me of him whose Life will be Destruction to me and Disturbance to the Kingdom Upon which Speech one Sir Pierce de Extone presently left the Court and went with Eight Men all Armed to Pontfract-Castle entred the Chamber where King Richard was Prisoner and beat out his Brains Mr. Camden in his Britania 3 F. 567. speaking of Pontfract-Castle says Hic Richardus Secundus Rex Angliae quem Henricus Regno spoliavit fame frigore in auditis tormentis scelerate sublatus est Here Richard II. from whom Henry IV. took or robbed him of the Kingdom with Hunger Cold and unheard-of Torments was wickedly killed Froysert who was then Writing his Chronicle 4 Vol. 2 c. 249. f. 319. f. col 1. says he could not tell by what means King Richard died The Parlement 5 N. 9. Roll in the first of Edward IV. speaks thus That Henry IV. taking upon him Vsurpously the Crown and Name of King of England and Lord of Ireland and not therewith Satisfied or Content but more grievous Things attempting Wickedly of Unnatural Unmanly and Cruel Tyranny the same King Richard Anointed Crowned and Consecrated and his Liege and most High Lord in the Earth against God's Law Man's Allegiance and Oath of Fidelity with uttmost Punition attormenting murdered and destroyed with most vile heinous and lamentable Death Church-Affairs AS in the last Reign so in this the Pope practised his Encroachments upon the Church and State In the First Parlement of this King the 1 Rot. Parl. 1 Ric. II. n. 77. Commons Petition That whereas in the Treaty between King Edward and the Pope he granted to abstain from all manner of Provisions by way of Reservation of Benefices especially of such Dignities as were Elective yet the Court of Rome had no regard to the King's Messengers sent thither about this matter and the Pope continued his Practice contrary to the Treaty Grant and Accord with King Edward to the great Prejudice of the King and his Subjects whereof they pray Remedy What Remedy they had I find not but next Year against certain Rebel 2 Ib. 2 Ric. II. n. 78. Cardinals there was an Act passed That Vrban was duly Chosen Pope and that
Execution under the Forfeiture aforesaid Witness the King at Westminster the 3d Day of May. By the King Himself and Council This Proclamation 1 Ibm. was directed to the Sheriff of Kent and all other Sheriffs of England to his Uncle John Duke of Lancaster or his Chancellor in that Dukedom and to John Stanley his Justiciary in Ireland or his Lieutenant and also his Justiciary of Chester or his Lieutenant The Statutes the Persons recalled by this Proclamation went to Rome to have made void by the Pope were the Statute of Provisors last made the Statute of Quare impedit and Praemunire facias and others like to them which the Pope said were against and injurious to Ecclesiastic Liberty For the particular Account whereof see Walsingham's History Fol. 344. n. 40 55. and Fol. 345. n. 10. A. D. 1391. 14 Ric. II. In the 20th Year 2 Ibm. 20 Ric. II. M. 3. Dors of his Reign on the 19th of September he caused Lewis Bishop of Vultura in Apulia the Pope's Collector to take the same Oath before himself in Chancery which James Dardain had taken in the 12th of his Reign before his Council John Wyclif and his Followers THE Opinions of John Wyclif prevailed very much in the Vniversity of Oxford and not a few Learned Men maintained them in the Schools and Preached them up there and in many other Places and Countries In the 4th of this King 1381. William de Berton 3 Speim Council Vol. 2. f. 267. Chancellor of the Vniversity calling together many Doctors of Divinity and many Professors of and Skilful in the Canon-Law they Judged upon Examination of those Opinions That they were Erroneous Repugnant to the Determinations of the Church and Contradictory to Catholick Verity and therefore forbade every one of what Degree or Condition soever under the pain of the greater Excommunication publickly to Hold Teach or Defend the same in the University Upon the further spreading of these Opinions amongst the Great Men and Populacy 4 Ibm. f. 629 630 631. William Courtney Arch-Bishop of Canterbury and Seven other Bishops of this Province Fourteen Doctors of Canon and Civil Law Seventeen Masters of Divinity and Six Baccalaurs of Divinity on the 17th of May 1382. met in a Chamber of the Frier-Preachers in London where having considered and deliberated upon the Conclusions and Opinions then divulged unanimously on the 27th of the same Month Declared and Decreed some of them Heretical others Erroneous and contrary to the Determinations of the Church The Heretical Opinions were these That the material Substance of Bread and Wine remained after Consecration in the Sacrament of the Altar Also That the Accidents do not remain with a Subject after Consecration in the same Sacrament Also That Christ is not in the Sacrament of the Altar Identically Truly and Really in his proper Corporeal Presence Also That if a Bishop or Priest be guilty of mortal Sin he can neither Ordain Consecrate or Baptize Also That if a Man were duly Contrite all external Confession was superfluous and unprofitable Also Pertinaciously to assert that Christ Ordained Mass had no Gospel-Foundation Also That God ought to Obey the Devil Also If the Pope be an ill Man and by consequence a Member of the Devil he hath no Power over the Faithful of Christ given him by any one unless perhaps by Caesar Also That after Urban VI. no Man is to be received as Pope but we ought to live as the Graecians under our own Laws Also To assert That 't is against Holy Scripture that Ecclesiastics should have Temporal Possessions The Pernicious Erroneous Conclusions were these That no Prelate ought to Excommunicate any one unless he first knew he was Excommunicated by God Also That any one who did so Excommunicate became thereby an Heretic and Excommunicate himself Also A Prelate Excommunicating a Clerc who Appealed to the King and his Council is in very Deed a Traitor to God the King and Kingdom Also They that leave off Preaching or Hearing the Word of God or Gospel Preached for the Excommunication of Men are Excommunicated and shall be had for Traitors to God in the Day of Judgment Also To assert that 't is lawful for any one tho' a Deacon or Priest to Preach the Word of God without Papal or Episcopal Authority or other which sufficiently appeareth Also To assert that none is a Civil Lord none is a Bishop none is a Prelate while he is guilty of Mortal Sin Also That Temporal Lords may at their Pleasure take away Temporal Goods from Ecclesiastics being habitual Delinquents or that the Populacy when they will may correct Delinquent Lords Also That Tythes are pure Alms and that the Parishioners for the Sins of their Curates may detain them and as they please give them to others Also That particular Prayers applied to one Person by Prelates or Religious are no more Benefit to that Person than general Prayers are to him caeteris paribus all other things being equal Also In that very thing that any one takes upon him whatsoever private Religion he is made more unfit and unable to observe God's Commandments Also Saints instituting whatever private Religions as well those with Possessions as Mendicants they have sinned in so instituting Also That Religious living in Private Religions are not Christians Also That Friers are bound to get their Food by the Labour of their Hands and not by Begging Also He that gives Alms to Friers or to a Frier-Preacher is Excommunicate and he that receives it On the 20th Day of June 5 Ibm. f. 631 632. in the same Year and Place Nicholas Hereford Philip Rapyâ—gdon a Canon Regular both Professors of Divinity and John Ayshton Master in Arts and Scholar in Divinity the Chief Followers of VVyclif appeared Personally before the Archbishop the Doctors and others When Nicholas and Philip were commanded to answer and to speak fully and plainly what they thought of the Conclusions above they gave in their Answers in Writing protesting as otherwise they had done That they intended to be Humble and Faithful Sons of the Church and of Holy Scripture and obey in all things the Determinations of the Church and if they should commit any Errour against this Intention in Word or Deed they submitted themselves to the Correction of the Archbishop and all others to whom it belonged to Correct them This Protestation premised they Answer That the Substance of material Bread and Wine remains in the Sacrament of the Altar after Consecration Ad sensum contrarium isti Decretali Firmiter Credimus Concedimus quod est Haeresis To the contrary Sense of the Decree we firmly believe that is a Decree that began with those Words Firmiter Credimus We grant 't is Heresie To the Second Conclusion That the Accidents do not remain without a Subject after Consecration in the same Sacrament Ad sensum contrarium isti Decretali Cum Marthe a Decree in the Decretals that began with those
THE Continuation of the Complete History of ENGLAND by Robert Brady D r. in Physic. 1700. Printed for S. Lowndes and A. I. Churchill A CONTINUATION OF THE Complete History OF ENGLAND CONTAINING The LIVES and REIGNS OF Edward I. II. III. AND Richard the Second By ROBERT BRADY Doctor in Physic In the SAVOY Printed by Edward Jones for Sam. Lowndes over-against Exeter-Exchange in the Strand and Awnsham and John Churchil at the Black Swan in Pater-Noster-Row 1700. A CONTINUATION Of the Compleat History of England c. King EDWARD the First KIng Henry the Third died on the 16th of November 1272. and was buried at Westminster the 20th of the same Month and so soon as he was buried John Earl of Waren and 1 Mat. Westm fol. 401. n. 40. 50. A. D. 1272. The Nobility and Clergy swear Fealty to Edw. I. when beyond Sea after the Death of his Father and appoint Guardians of the Kingdom The Guardians Names They enter upon the Government all Writs and Instruments issued by them in the King's Name Gilbert Earl of Glocester with the Clergy and Laity went to the great Altar and sware Fealty to his First-born Son Edward who was then in the Holy Land not knowing whether he was living afterward the Nobility of the Nation met at the New Temple London and a new Seal having been made they appointed faithful Ministers and Guardians that might keep the King's Treasure and the Peace of the Kingdom Postmodum ad novum Templum Londini nobillores Regni pariter convenerunt facto sigillo novo constituerunt fideles ministros custodes qui Thesaurum Regis c. These Guardians were Walter Giffard Arch-Bishop of York Edmond Plantagenet Son to Richard Plantagenet Brother to King Henry the Third Earl of Cornwal and Gilbert de Clare Earl of Gloucester who entred upon the Exercise of the Government by the Advice and Appointment of the Nobility without any possible Privity or Knowledge of the King yet all the Writs Proclamations and Instruments concerning the Government were Issued in the King's Name as appears by the 2 Append. n. 1. A Writ to proclaim the King's Peace Writ directed to all the Sheriffs in England to proclaim the King's Peace throughout their whole Counties in all Cities Burghs Fairs Mercates and other Places Which was in this Form Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitan c. Whereas our Father King Henry of Famous Memory being Dead the Government of the Kingdom is come to us by Hereditary Succession c. We command the c. Witness W. Arch-Bishop of York Ed. of Cornwall and G. of Glocester Earls at Westminster the 23d of November in the First Year of Our Reign But three Days after the Interrment of his Father There was also a Writ of almost the same Tenor in the King's Name directed to the Abbats of Dore and Hagenham to Receive the Oath of Fidelity from 3 Append. n. 2. Leulin Prince of Wales summon'd to take the Oath of Fealty Leulin Son of Griffin Prince of Wales Dated by the Hand of Walter de Merton then Chancellor and at least a great Assistant to the Guardians on the 29th of November in the First Year of Our Reign but he appeared not sent any answer to the Abbats as by the Return from them and the Constable of Montgomery Castle annexed to the Writ it self is manifest Writs likewise for keeping the Peace in Ireland were Directed 4 Pat 1 Ed. I. Part. 2. M. 20. De Conservatione pacis in Hibernia A Writ for the Conservation of the Peace in Ireland to Maurice Fitz-Maurice Justiciary of that Nation inhibiting all under the Pain of Life and Member and Disheriting That they presumed not to infringe the Publick or King's Peace with Promise to Maintain all People of that Land in their Rights Goods and Estates and do them full Justice against great and small 5 Ib. M. 20. De fidelitate Archiepiscopor Episcop c. Regi facienda With Command to the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freemen of Ireland to take the Oath of Fealty before Commissioners there appointed Both these Records Dated by the Hand of Walter de Merton Chancellor on the 7th day of December at Westminster Besides these they Issued other Writs in the King's Name one for Assessing of 6 Append. n. 3. 4. A Writ to the Sheriff of Surry and Sussex to Suppress the Rabble and Plunderers Tallage dated Jan. 27. and to the 6 Sheriff of Surry and Sussex another to raise the Posse Comitatus for suppressing the Rabble who were up there Plundering Robbing and Murdering the King's Subjects dated the 6th of June both in his First Year so that they took upon them the Whole Administration of the Government in his absence and he was so far pleased with the Proceedings of his Chancellor especially against the Bishop of Carlisle for Excommunicating the Sheriff of Cumberland because he 7 Bundel Brov. 1 Ed. I. n. 14. in the Tower Distreined the Goods of an Abbat in his Diocese for the King's Debt prohibiting him to put in Execution the Excommunication or Prosecute him in Court Christian for that the Correction and Pleas concerning the Transgression of the King's Officers belonged to himself according to the Custom of the Kingdom that he wrote him a Letter of 8 Append. n. 5. Thanks when he was acquainted with them for his Diligence in the Dispatch of his and the Kingdom 's Business Directing and Incouraging him to go on as he had begun promising to Ratifie whatever he should do in Ways of Justice Commanding him not to spare any of what State or Condition foever but to proceed against them by Rigor of Justice if otherwise he could not restrain their Excesses This Letter is dated August the 9th in the First Year of his Reign at Melun upon the River Seyn in France Upon the News of his Father's Death he set all things in order and disposed them as well as he could and came from the Holy Land into Sicily and was received by the 9 Mat. West f. 402. n. 10 20 30 40 50. The King came from the Holy Land into Sicily from thence to Rome and so into France where he did Homage to that King for Aquitan King thereof with great Honour who Conducted him to the Roman Court where he spent some time with Pope Gregory the Tenth his Friend Familiar and Acquaintance in the Holy Land From thence he passed into Burgundy where at the foot of the Mountains some English Bishops Abbats Earls and Barons met him from whence he came into France where he was Honourably received by King Philip the Hardy his Cousin German and did Homage to him for the Hereditary Lands he held of him who thereupon granted him the possession of them After this he took his Leave of the King and Peers of France 1 Ibm.
delivered your Letters into his own Hands and having openly and plainly Expounded your Letters and Command to me and shewn the Authority of it before him and his Great Men I admonished the King to the performance of Three Things 1. That he should restore and cause to be carried to the Places from whence it was taken the whole Money of the Tenths with such readiness and alacrity as might expiate the Crime of taking it away 2. That for the future he should forbear such Actions adjoining That tho the Apostolic Elementy retained him in the number of her Dearest Sons yet if he should be afterwards found in such Offences she neither could nor would with-hold from him the Rod of Correction Non posse eam nec velle virgam ei Correctionis subtrahere lest sparing the Man it should assent to those Divine Affronts or Injuries it had not Corrected Ne parcendo homini Divinis Injuriis quas non corrigeret assentiret 3. That he should not trouble or prosecute those that had the Money in keeping Quibus silenter Reverenter auditis c. To which he having patiently and reverently heard them and having deliberated with those about him he thus answered To the First That there was no necessity of the Pope's sending his Letters or the Arch-Bishop to him in this Case when as he had Two Months since commanded the Money to be restored To the Second That he intended no undue thing nihil indebitum intendebat against the Church for the future To the Third He said he wondred why it should be put upon him not to Molest the Guardians of the Money when it was always his firm purpose not to do injury to any Innocent Person When he sent this Account of his Proceeding to the Pope he also advertised him That it was affirmed by such Testimony as ought to be believed that the King had restored the Money but of that he could not write him the precise Truth unless from those that knew the Weight Number and Measure of it Nisi per illos qui ipsius noverunt Pondus Numerum Mensuram This Answer of the Arch-Bishop to the Pope is dated the 29th of November While the King 3 Mat. West f. 411. n. 50 A. D. 1284. King Ed. II. Born remained in Wales for the Establishing and Settling his own and the Nation 's Affairs there his Son Edward who succeeded him was born at Caernarvon on St. Mark 's Day where he continued until toward the latter end of April the year following and then having finished his Work 4 Ib. f. 412. n. 30. A. D. 1285. he came into England and was received at London in great Triumph the last day of that Month. Matthew of Westminster Reports That the King of 5 Ibm. n. 40 50. France Philip IV. called the Fair not long after his Father's Death sent his Ambassadors to King Edward to come over into France and employ his Mediation for a Peace between himself and the Kings of Arragon and Spain He complied with his desire and on the 24th of June passed the Sea and was attended with many Bishops A. D. 1286. Earls and Barons and was received Honourably by the King and Nobles of France and Conducted to St. Germans where he staid some time and demanded the Lands which his Grandfather King John had lost and obtained Ten thousand Pounds Sterling of the King of France to be yearly paid at the Tower of London together with some Arrears for Normandy which was his Inheritance Mezeray's Story is otherwise he 6 F. 322. A. D. 1286. says ever since the Death of Philip III. Edward King of England had omitted no Endeavour to confirm the Treaties with his Successor In the year 1286 landing in France about Pontieu he was received at Amiens by several Lords sent from the King to meet him from thence he came to Paris where he was Magnificently Treated and was present at the Parlement which was held after Easter and went from thence to Bourdeaux The apparent Cause of his Voyage was the Desire he had to compose the Business of the King of Arragon with the King of France because Alphonso the Eldest Son and Successor of Peter had Married or Espoused his Daughter Elianor He forgot not likewise then to press earnestly he might have some Consideration for Normandy and those other Countreys which both his Father and himself had Renounced but could obtain nothing in either of these Points Being at Burdeaux he solemnly Received the Ambassadors of the Kings of Aragon Castile and Sicily all Enemies to France which gave no little Jealousie to King Philip Thus the French Historian And there is nothing to be found of his Mediation or what Effect it had He staid in France above Three years without doubt to Transact his own Affairs And at his 7 Mat West f. 414. n. 10. A. D. 1289. King Edward punished his Justices for Bribery Return Aug. the 4th he made a Progress through England and punished his Justices that had taken Bribes in his absence perverted Judgment and committed Errors according to the quantity of their Faults Alexander III. King of Scotland died 8 Buchan rer Scot. lib. 7. f. 85. a. n. 10. Printed at Edinburgh A. D. 1582. Alexander K. of Scots dies by a fall off his Horse on the 19th of March 1285 and before himself all his Children died his Daughter Margaret was Married to Eric King of Norwey who by him left one only Daughter named Margaret called the Maid of Norwey Heiress to the Crown of Scotland Alexander thus dead without Issue except this Grandchild and she then in Norwey with her Father there was a Convention of the States of the Kingdom at Scone in which they Treated of creating a new King and settling the State of the Kingdom 9 Ib. lib. 8. in mitio f. 86. a. n. 10. in quo conventu de novo Rege creando Statu Regni componendo ageretur which King 's creation as the Author expresseth it was only providing a Husband for the Maid of Norwey as appears by the following Story where were chosen Six Guardians Six Guardians or Governors of the Kingdom chosen Margaret the Maid of Norwey his Grandchild and Heir or Governors of the Kingdom to Rule it in the Name of Margaret the Maid of Norwey as will presently appear To whom King Edward knowing the Grandchild of his Sister King Alexander's Queen the only Child of the King of Norwey and sole Survivor of Alexander's Posterity to be the Lawful Heir of the Kingdom of Scotland sent Messengers thither to require her for a Wife for his Son 1 Ibm. n. 20. A Match propounded between her and Edw. II. Edwardus Anglorum Rex gnarus suae sororis neptem Regis Norwegiae filiam unam ex Alexandri posteris esse superstitent eandemque Regni Scotorum legitimam haeredem legatos ad eam deposcendam filio suo uxorem in Scotiam Misit To
within the same time infra idem Tempus Communitati Regni Scotiae liberari to be delivered to the Community of the Kingdom of Scotland who could be no other then the Nobility and Military Tenents These Articles and Concessions were Sealed by the Commissioners on Tuesday before the Feast of * July 10. St. Margaret on the 15th of the Kalends of August that is July 18. A. D. 1290 and the Letters Patents of Confirmation of this Agreement were Sealed with the King's Seal at Northampton August 28. On the same day the King appointed 6 Append. n. 10. King Edward appointed a Lieutenant in Scotland to Queen Margaret and his Son the Bishop of Durham to be Lieutenant to Queen Margaret and his Son Prince Edward in Scotland for Preserving the Peace and Government thereof with the Advice of the Guardians Prelates and Great Men according to the Laws and Customs of the Kingdom And the Guardians and Noblemen of Scotland with the Governors and Captains of the Castles and Forts ingaged themselves 7 Pat. 18 Ed. I M. 8. to deliver them up when their Queen and her Husband should come into that Kingdom This whole Transaction at large is to be found in the Patent Rolls of the 17th M. 3 4. and of the 18th Queen Margaret dies of Ed. I. M. 8 9. in the Tower of London in the Record Office there But before this intended Marriage could be consummated in her Voyage towards England or Scotland the Queen died 8 Rot. de superioriate Regis Angliae in Regno Scotiâ c. Annis 19 20 21 22 23 Ed. I. in 〈…〉 Land Several Competitors for the Crown after whose Death there arose a Contention between several Pretenders to the Right of the Crown and Kingdom of Scotland which put that Nation into Confusion King 9 Ibm. Edward as Superior and direct Lord thereof called his Parlement at Norham in the Confines of Scotland 1 Ibm. Indicto apud Norham in confiniis Regni Scotia suo Parliamento and went thither to determine the Controversie about the Right of Succession between the Competitors On the 10th of 2 Imb. A. D. 1291. King Edward claims the Superiority and Direct Dominion over Scotland May A. D. 1291 and Nineteenth of Ed. I. by the King's Command the Nobility Prelates Knights and many others of both Kingdoms met at that place Congregatis apud Norham ad Regis Mandatum utriusque Regni Nobilibus Praelatis Militibus perpluribus aliis in Multitudine Copiosa where Roger Brabancon the King 's Justiciary in the presence of a Publick Notary and Witnesses purposely called thither in praesentia mei Notarii publici Testium vocatorum ad hoc specialiter rogatorum in the King's Name told them the Reason of his coming and of their being there called together which was That he taking notice in what Confusion the Nation had been since the Death of Alexander their last King and his Children for the Affection he had for them and all the Inhabitants thereof whose Protection and Safeguard was well known to belong to him for the doing right to all that claimed the Kingdom and Preservation of the Peace To shew them his Superiority and Direct Dominion out of divers Chronicles and Monuments preserved in several Monasteries to use his Right to do Justice to all without Vsurpation or Diminution of their Liberties and to demand their Assent to and Recognition of his Superiority and Direct Dominion The Justiciary having thus spoken in the King's Name and the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and other Nobles of the Communalty of the Kingdom of Scotland there present having understood his Meaning Quibus 3 Ibm. The Nobility of Scotland require time to Consider of his Claim per praefatum Dominum Rogerum nomine Regis Angliae peroratis à praefatis Episcopis aliis Praelatis Ecclesiasticis Comitibus Baronibus aliisque Nobilibus de Communitate dicti Regni Scotiae ibidem praesentibus plenius intellectis they required time to Consult with such of their Orders as were absent which the King granted until the next day only When 4 Ibm. it being the 11th of May they met again in the Church of Norham and then they earnestly press the King to give them longer time to Answer with such as were absent to his Demands concerning their Recognition of his Superiority and Direct He gives them time and directs them to produce Evidence against his Claim Dominion over the Kingdom of Scotland which he said was his Right Quod dicebat esse suum jus Upon Deliberation he gave them time until the Second of June next coming and on that day precisely they were to Answer his Demand and if they had any Evidence Writings or Antiquities which might exclude him from the Right and Exercise of his Superiority and Direct Dominion or overthrow his Reasons and Arguments for it they were then to exhibit and shew them protesting he was ready to allow them what the Law permitted and to do what was just And that they might the better understand his Title and make His Title their Objections against it the 5 Ibm. Bishop of Durham was appointed to Declare it to the Nobility and Prelates there present The Declaration he made and Arguments he used were Historical and taken from the 6 Ibm. Manuscripts of Marianus Scotus William of Malmsbury Roger de Hoveden Henry de Huntingdon Ralph de Diceto and the Chronicle of St. Albans That is Math. Paris That the Scots had been Conquered by several of our Saxon Kings That several of their Kings had submitted to them sworn Fealty done Homage and received the Crown and Kingdom from them and that the Scots had also submitted and been Governed by such Kings as the English Saxon Kings had given that Kingdom to and placed over them That after the Conquest the very same things had been done submitted to and complied with in the Reigns of William the First Second Henry the First Stephen Henry the Second Richard the First King John and Henry the Third Most of which Authorities Cited as Matter of Fact in this long Deduction are to be found in the Historians above-mentioned now in Print according to their several Years and Dates Except that in the Year 1189. in the Month of December 't is only said in Hoveden That William King of Scots came to Canterbury and did Homage to Richard the First for what he held of him in England and 't is omitted in the same Deduction 7 Hoveden f. 377. a. b. That he Released for the Consideration of 10000 Marks Sterling all what his Father Henry the Second by Bargains Agreements New Charters and Imprisonment had Extorted from him Reserving only the Homage due to him for the Lands he held in England So as he was to be in the State and Condition with King Richard as his Brother Malcolm King of Scotland had
excludere remotiorem in uno gradu exeuntem de primogenita Ad quae unanimiter Responderunt nidlo Reclamante vel contradicente Quod Remotior uno Gradu linealiter descendens de primogenita secundum leges consuetudines utriusque regni praeferendus est proximiori in Gradu exeunti de secundogenita in qualibet haereditaria successione That is Whether the more remote by one Degree in Succession coming from the Eldest Sister ought according to the Laws and Customs of both Kingdoms to Exclude the nearer by a Degree coming from the Second Sister Or Whether the nearer by a Degree coming from the Second Sister ought by the Laws and Customs of those Kingdoms to Exclude the more remote by a Degree coming from the Eldest Sister To which they unanimously answered without a Negative The more remote by one Degree lineally descending from the Eldest Sister according to the Laws and Customs of both Kingdoms is to be preferred to the nearer by one Degree coming from the Second Sister in every Hereditary Succession That the Reader may more clearly understand this Question and Answer it will be necessary to leave the Record a while and set forth the Pedigree of both these Noble Persons Henry Prince The Pedigrees of Robert Brus and John Baliol. of Scotland Son to David I. who died before his Father left Three Sons VVilliam called the Lyon Malcolm called the Maiden because never Married and David Earl of Huntington William the Lyon had Alexander the Second his only Son and Child and he had Alexander the Third his only Son and Child who Married Margaret Daughter to Henry the Third King of England and Sister to Edward the First by her he had Two Sons Alexander and David who died without Issue and one Daughter named Margaret Married to Eric King of Norwey by whom she had one only Daughter named also Margaret and called the Maid of Norwey and was Queen of Scotland who dying without Issue as was said before the whole Line of VVilliam the Lyon failed and the Crown reverted to David Earl of Huntington Heir to Margaret David Earl of Huntington had Three Sons Henry and Robert who both died young and Iohn Surnamed Scot Earl of Chester who died without Issue and three Daughters Margaret the Eldest Married to Alan Lord of Galloway by him she had one only Daughter Dergovilla Married to Iohn Baliol by whom she had Iohn Baliol one of the Competitors for the Crown in this Record so often mentioned His Second Daughter was Isabel Married to Robert Bruce by whom she had Robert her Son the other of the Two Competitors here also mentioned And Adama a Third Daughter Married to Henry Hastings from whence the Earls of Huntington By this Pedegree it appears That Robert Bruce Son to Isabel the Second Sister was a Degree nearer to his Mother and so in a Collateral Line to the Crown than Iohn Baliol who was Grandchild to Margaret the first begotten or Eldest Daughter in a Direct or Right Line to the Crown Which gives the meaning of the Question and Answer The Ground of which was a Controverted The meaning of the foregoing main Question Point amongst the Feudists Whether the next in Blood tho of a Collateral Line especially if a Male should not succeed before one more remote in the Right Line some holding one way some the other Upon the Answer above-mentioned 8 Rot. de superioritate Regis Angliae c. ut supra The Titles of John de Baliol and Robert de Brus Re-examined as 't is in the Record the King caused the Matter to be exactly Re-examined before the Prelates and Noblemen of both Kingdoms and Assigned to Robert de Brus and John de Baliol the 6th day of November to hear their Sentence Which was pronounced by the King Judicially by the Advice of the Noblemen and Prelates of both Kingdoms the Auditors aforesaid and others of the Council That Robert by his Petition should receive nothing concerning the Kingdom of Scotland Quod praedictus Robertus per Petitionem praedictam nihil capiat de Regno Scotiae And as to John Baliol there could nothing Robert de Brus Excluded be done upon his Petition until the other Competitors were heard When the King commanded John Baliol the other Demandants and the Auditors to go to the same place for the dispatch of their Petitions Amongst whom Robert de Brus personally appeared and protested he would prosecute his Claim John Baliol's Sentence deferred to the Kingdom of Scotland or a Third Part of it after another Form and Manner then he had done before Then also came 9 Ibm. John Hastings pretended the Kingdom of Scotland to be Partible and claimed a Third Part. John Hastings Son to Henry Hastings and claimed his Third part of the Kingdom of Scotland as of a Partible Inheritance because as he said the Right of the Inheritance descended to Margaret Isabel and Adama Daughters of David Earl of Hurtington as to one Heir and from them it ought to descend to John Baliol Robert de Brus and John Hastings as Heirs to the said Margaret Isabel and Adam and gave this Reason because all the Lands Tenements Fees Liberties Demeasns His Reasons why it was a Partible Inheritance and Honours that were holden of the Crown of England in Capite were Partible Then that the Homage and Service due from the King of Scotland to the King and Crown of England shew it to be under the Common Law and so Partible Robert Brus 1 Ibm. Robert Bruce made the same Claim and used the same Reasons his Arguments and Reasons were the same And he said further he claimed to hold his Third Part in Capite of his Lord the King of England Superior Lord of Scotland by Homage and Requests of his said Lord he may receive Justice according to the Common Law of England And altho their 2 Ibm. The King 's great Care before he gave Sentence Arguments and Reasons had been sufficiently answered in the Defence of John Baliol before the Auditors and related to the King yet willing to deliberate with his Council and the Auditors upon these things he Inquired of them Whether the Kingdom of Scotland was Partible who all answered it was not Upon which Answer the King appointed Monday next after the Feast of St. Martin as a peremptory day for all the Competitors to hear their Judgments in his Parlement at Berwick intending in the mean time to Deliberate and Examine things with Knowing Men of Both Kingdoms the Auditors and others of his Council that he might be fully informed what with Justice ought to be done On the 7th 3 Ibm. A. D. 1292. 20th of Edw. the First of November 1292 which was the Monday after the Feast aforesaid the Nobles and Prelates of both Kingdoms the Auditors other great Men and a great Multitude of the Populacy in the Hall of the Castle of Berwick the Publick Notary
they should ask them if they would avow the Letter sent and the Words contained in it which they did and the King being acquainted with it advising with his Council put in the Place of the Earl of Hereford Constable Monsieur Thomas de Berkeley and in the Place of the Earl-Marshal Monsieur Geofrey de Geneville as they desired whereupon they withdrew themselves from the King and Court and soon after the Archbishop of Canterbury and many other Bishops came to the King beseeching him they might speak with the Earls which the King Granted they sent to them to know where they might come to speak with them they let them know by Letters they should be at Waltham the Friday on the Morrow of St. James They went thither the Earls came not but sent Monsieur Robert Fitz-Roger and Monsieur John de Segrave Knights who said the Earls could not then come for some Reasons On Sunday following the Bishops and two Knights came to the King at St. Albans and at their Requests the Knights had Letters of safe Conduct given them for the Earls to come to stay with and return from the King yet they never came and now 't is given out the Earls offered to the King certain Articles for the common Profit of the People and that he utterly refused them of which the King knows nothing for they never propounded or caused to be propounded any thing to him nor doth he know why they are retired amongst which Articles 't is reported there were certain Grievances which the King understands well as the Aids which he often demanded of the People by reason of his Wars in Gascony Wales Scotland and other where which could not be Maintain'd or his Kingdom Defended without the Assistance of his People of which he thinks often that he should so much grieve and burthen them and prays they would have him Excused and if it please GOD he returns from this Voyage he would have all Men know That according to his great Desire according to the Will of GOD and to the Satisfaction of his People he will amend all things whatever where he ought And if he doth not return he will order his Heir to do it as well as if he had Returned for he knows well that no Man is so much bound to the Kingdom or to love the People as he himself On the other side there is great necessity of his going to assist his Ally the Earl of Flanders and his Passage is so hasty for the Peril his Friends beyond Sea are in which if he should lose the Kingdom might be in great Danger And therefore they should have the Confirmation of the great Charter of the Liberties of England and of the Charter of the Forest if they would Grant him an Aid or Gift such as was Necessary for him at this time and the rather for that upon his going over a lasting Peace might ensue and if he had Refused Articles or any thing else in Hatred and Destruction of his People contrary to the Common Profit of the Realm or that he hath done otherwise against the Earls then is here said he desires no Man to believe him for these are the true Proceedings and the very Truth of things to this time Afterwards he put them in mind what Dangers and Wars may arise from Rumours Stories and Reports raised between the King and his People c. concluding his Declaration That all his good People would pray That his Voyage might have a good End to the Honour of GOD of himself of them and his Kingdom and that a Durable Peace might follow Given at Odymere near Winchelsey the 12th day of August in the 25th of his Reign The King being informed there were Excommunications ready to be Pronounced and Published against his Officers c. sent a Prohibition 4 Append. N. 32. to the Archbishop and all other Bishops to forbear it The King to the Venerable Father in Christ Robert c. The K. forbids the Bishops to publish Sentence of Excommunication against his Officers c. Whereas we have been forced by inevitable Necessity for the Defence of our Kingdom and Hereditary Right invaded by the King of France and other Enemies and for the Preservation and Safety of the English Church and of the Persons of Ecclesiastics and others we have taken from them Grain and other Goods and the same necessity yet compels us to do the like for which Corn and Goods we are resolved to make full Satisfaction and now we understand that you intend to promulge and cause to be published Sentence of Excommunication against our Officers that took them by our Command which if you should do it would manifestly redound to the great and immeasurable Michief of our Crown and Dignity the Scandal of the People and as it may happen the Consequence of it may prove the Destruction of the Church and Subversion of the whole Kingdom We forbid you upon Observation of the Oath of Fidelity by which you are bound to us and upon forfeiture of all you hold of us to publish any such Sentence against our Officers Clercs or Laics or to do any Injury to them especially when we are ready to make Satisfaction Witness the King at Winchelsey the 19th Day of August in the 25th of his Reign King Edward being so far engaged to assist the Earl of Flanders in Person as he could not recede from his Promise and resolved beyond persuasion to do it with what speed he could the Earl now much pressed by the King of France having lost some Towns and being in fear of the Revolt of his People 5 Walsingh Hist Angl f 71. N. 30 40 50. f 72. N 10 20. while he was thus at Winchelsey or Odymer with all possible Expedition providing for his Passage the Earls sent him the following Petitions of his Kingdom in Writing and with this Title These are the Injuries and Grievances which the Archbishops Bishops The Grievances of the whole Kingdom presented to the King Abbots Priors Earls and Barons and the whole Community of the Land do shew unto our Lord the King Humbly beseeching him That for his own Honour and the Safety of his People he would correct and amend them First It seemeth to the Community of the Land That the Summons sent them by the King 's Writ was not sufficient because the Place whither they were to go was not named for according to that they were to prepare themselves and make Provision of Money Secondly Whether they ought to perform Service or not because 't is said in general words the King would pass over into Flanders It seems to the Community that there they ought to do no Service because neither they nor their Predecessors or Progenitors ever performed their Service in that Land And tho' it was so that they ought to do it yet they were not able being so oppressed with Tallages Aids and Takings or Prizes as of Wheat Oates
this Truce and the King of France his Protestation against it and the Pope's pretended Power to make it Vniversiis 1 Proves des libertez de l'Eglisâ— Gallicane Printed 1651 chap. 7. n. 12. £ 96. praesentes literas inspecturis miseratione divina B. Albanensis S. Penestrimensis Episcopi salutem in Domino Notum facimus c. To all that shall see these present Letters B. by Divine Mercy Bishop of Albano and S. Bishop of do make it known c. Then giving a short Account of the Truce and that it was to have continued for Two years from the Feast of St. John Baptist last past They say That when they presented to the King of France the Popes Letters Patents containing the Truce to be read cumque dictas literas praesentaremus dicto Regi The King of Fâ—ance protests against the Pope's Power to make a Truce Franciae legendas c. He forthwith before they were read caused in his own and their presence these Protestations to be made That the Temporal Government of his Realm belonged to himself alone and no other That he would acknowledge no Superior in it nor subject himself any way to any Person living in things of his Temporal Government but would maintain his Fees Sed se intendere And denies his superiority in Temporals feoda sua Justiciare and Defend his Kingdom and the Rights of it in all things as God should enable him by the help of his Subjects Friends and Assistants Nor that he took himself or Kingdom to be affected by the Popes Declaration of the Truce in his Letters Patents directed to him nor the Sentence of Excommunication therein contained And further added That he would not recede in Word or Deed from these Protestations yet as to what concerned his Soul and Spiritual Government as his Predecessors had done before he was ready to obey the Precepts of the Holy See as much as he was bound and ought to do as a Devout Son of Holy Mother Church These things premised the Cardinals proceeded to the publication of the Truce and Sentence and caused the Pope's Letters to be read before the King Done at Creil in Beauvaisis on the 19th of April 25th of Ed. I. 1297. Datum Credulii Bellovacensis Diaecesis c. After this * Walsingh Hist Angl. f. 74. n. 30. on Innocent's Day or 28th of December and 26th of Edward I. there came to him then at Gaunt the Master of the Order of Preachers and the General of Friars Minors who had been with the King of France about the same Business and beseeched The Pope as a Mediator not as a Judge offers to make Peace on behalf of the Pope That they would send their Commissioners to Rome with full Power to Treat of Peace the Pope promising not as a Judge but Kind Mediator and in prejudice to neither to indeavour to settle Peace and Tranquillity in both Nations And published to that purpose a Two years Truce and restore the former Friendship between the Two Kings And because that could not be accomplished without a Truce therefore the Pope by these Messengers published again a Two years Truce as he had desired before by the Cardinals under pain of Excommunication and Interdict of both the Nations The King of England * Ib. n. 40. Both Kings submit all Differences to the Pope as a Private Person only considering it was dangerous staying in Flanders and that he had been imprudently brought thither by the Contrivance of the Earl that his own Kingdom was unsettled by Intestin Sedition and that he could have no Confidence in the King of the Romans the Pope not being his Friend consented to the Truce And both Kings sent their Commissioners to Rome and Compromitted and Referred all Differences whatever between them to Boniface VIII as Beneâ— Gaitan or a Private Person but not as Pope as will appear by his own Instrument of the Terms of Peace hereafter mentioned Mat. 2 Fol. 431. n. 10 20. Both Kings accept and agree to a Truce for two years Westminster says both Kings accepted and agreed to a Truce for Two years to begin at the Feast of Epiphany or beginning of Lent when the above-mentioned short Truce ended for themselves and Confederates and when King Edward came for England and landed at Sandwich on the 21st of March. And within few days after to make good the Promise he had made not long before his going into Flanders Instructions and Commissions were sent forth to 3 Append. n. 35. The King to make good his Promise sends out Commissions of Inquiry what Goods had been taken from his Subjects Two Knights one sent by the King and the other taken out of the Country one Clerk and one Religious Person to be assigned by the Bishop of the Diocese to inquire by the Oaths of Lawful Men of every County in what manner and how much Wooll Woollfells Leather Grain Beasts Flesh Fish or other Goods had been wrongfully and illegally taken from the Clergy and Laity for Victualling and setting forth his Fleet or for other Matters since the War between himself and the King of France Witness the King at Westminster the 4th of April in the A. D. 1298. 26th of his Reign After the Notable Protestation of the King of France against the Pope says Peter 4 Proves des Libertees ut supra f. 97. The Compromise made to Bennet Cajetan not Pope Boniface c. Pithou desiring to make Peace with the Emperor Elect and the King of England compromitted that whole Affair in the Person of Pope Boniface as a Private Person and Benedict Cajetan by his Family Name and not as Pope on purpose that he might not usurp upon the Authority of the Kings In this year and about this time Adolph the Emperor or as the old Historians call him King of Almain or of the Romans was deposed by the Electors and German Princes and as 5 Hist of France f. 327. A. D. 1297. Adolph the Emperor deposed The King of France his Money prevails with the German Princes Mezeray Stories was first detained in Germany by private Dissentions raised by the French or the Sums of Money King Philip gave him underhand so as he did not afford the Earl of Flanders that Relief he expected and at the same time debauched Albert Duke of Austria by the all powerful Influence of Money from the Party who brought over with him the Duke of Brabant the Earls of Luxemburgh Guelders and Beaumont The same Historian also gives this Account of his Deposition 6 Ibm. A. D. 1298. Adolph the Emperor deposed And how the Money that Adolph had received on both hands was the cause of his Ruin and on the contrary what Albertus had received for the same end served to raise his Fortune for this last having made use of some of it to corrupt the Princes of Germany who were displeased for that Adolphus had given him
with his Noblemen he was called again and had this Answer 9 Fol. 439. N. 10. The King's Answer to the Pope's Letter That having received the Pope's Admonition concerning the State of the Kingdom of Scotland it was the Custom of England That in such Affairs all whom these concerned ought to be advised with And the present Business of Scotland having Relation to the State and Right of the Kingdom of England there were many Prelates Earls Barons and Great Men not then with him in the Army concerned in it without whose Advice he could not Answer fully Yet that he intended as soon as could to Consult and Deliberate with the Absent as well as Present and by their common and joint Determination send the Pope an Answer And for this Reason at the same Time and Place when he issued his Writs for the Calling of a Parlement to meet on the Octaves of St. Hilary for Receiving of the Perambulations of the Forests the King wrote also 1 Claus 28 Ed. 1. M. 3. Dors Hâ— Sumons many Clergy-men Lawyers to the Parlement at Lincoln to some of his own Clercs several Deans of Cathedral Churches several Archdeacons Officials and others that had the Best Reputation for Lawyers in those times to come to this Parlement for that he would then have special Conference and Treaty with Lawyers and others of his Council about the Right and Dominion he and his Ancestors had in the Kingdom of Scotland and to the same Purpose he 2 Ibm. And sends to the Universities for their best Lawyers wrote to the Chancellors and both Vniversities to send to this Parlement the most Expert and Knowing Men in the Written Law which were sent accordingly And further he sent his Writs 3 Ibm. M. 3. Dors to several Deans and Chapters to several Abbots Priors and their Convents the Chiefest of the Nation to search their Archieves and send to this Parlement To advise about his Title to Scotland all their Chronicles in which was to be found any thing concerning the Kingdom of Scotland to make good his Title to it Upon Reading the Pope's Bull by the King's Order and truly Interpreting of it to the Barons in Parlement there was much The Resolution of the Barons with their Letter to the Pope concerning his Pretences to the Kingdom of Scotland Debate amongst the Lawyers whether how or after what manner this Bull or Letter should be answered as appears by an old Parlement Roll in the Tower in the 29th of this King and truly Printed in Mr. Pryn's Ed. 1. what of it remains Fol. 885. whereupon it was Resolved by the Barons * See this Letter in M. West F. 443. N. 30 40 c. Walsi f. 85. N. 10 20 30 c. Dugdales Summons to Parlements f. 31 32 33 34. from the Record in the Exchequer with all the Barons Names Printed at Oxford in Latin and English 1678. with the Names of the Earls and Barons the Cuts of their Seals of Arms. to write to the Pope and let him know That in Temporals the Kingdom of Scotland by no manner of Right whatever belonged to the Church of Rome at any time That it was an ancient Fee or Feudal Right of the Crown and Kings of England and that the Kingdom and Kings of Scotland have been Subject only to the Kings of England and no other and further That the Kings of England concerning their Rights in that Kingdom or other Temporalities have never answered or ought to answer before any Ecclesiastic or Secular Judge by reason of his Royal Dignity and Custom to the contrary in all Ages And to signifie to him That having diligently considered his Letters it was and for the future should be the common unanimous and unshaken Resolution of all and every one of them That their Lord the King concerning his Rights in Scotland or other his Temporal Rights should in nowise answer judicially before him or send Proxys or Commissioners to him especially when it would manifestly tend to the Disinheritance of the Crown of England and Dignity Royal and the Notorious Subversion of the State of the Kingdom to the Prejudice of their Liberties Customs and Paternal Laws which by their Oaths they were bound to Observe and Defend and by the help of God would maintain them with their whole Force or Power nor would they permit the King to do such strange and unheard of things if he should attempt it Wherefore they Reverently and Humbly beseech his Holiness favourably to permit the King peaceably to possess his Rights Liberties Customs and Laws aforesaid without Diminution or Disturbance In Testimony whereof they put to their Seals 104 for themselves and the whole Community of the Kingdom Dated at Lincoln the 12th of February A. D. 1301. in the 29th of Ed. 1. A. D. 1301. 29 Ed. 1. This Business was first Dispatch'd That as soon as might be when the six Months after the King had received the Pope's Bull should be Elapsed in which he had appointed the King to send Commissioners to him the Pope might receive Satisfaction why they did not come At the same time the Perambulations of the Forests the main Business for which this Parlement was called according to the purport of the preceding Writ were Exhited therein and as 't is contained in the 4 Rot. Perambulationum Forestar 29 Ed. 1. in Turrâ— A. D. 1301. 29 Ed. 1. The Perambulations of the Forests Settled and Confirmed See the Ordinance of the Forest made the 33d year of this King in the Statutes at Large Record the Community of the Kingdom Granted the King a Fifteenth Part of their Moveables they should have at Michaelmas next coming and he Confirmed them with this Clause Quod quicquid per istas Perambulationes ponitur extra Forestam Remaneat extra Forestam Residuum remaneat Foresta secundam metas bundas in perpetuum That is whatever by these Perambulations was Deforested should remain so and what was then allowed to be Forest according to the Metes and Bounds then set out should be so for ever These Letters Patents or Confirmations of all the Perambulations bear date at Lincoln Feb. 14. in the 29th of his Reign Thus were the two Charters and the Great Business of the Perambulations of the Forest fully Settled and Confirmed When the Laity gave this Fifteenth Robert Archbishop of Canterbury The Laity gave a xvth for this Confirmation The Arch-Bp for the Clergy would not do any thing without the Pope's Licence would grant Nothing for the Clergy not of the Temporalities annexed to the Church without the Pope's special Licence Pro hoc confirmationis effectu concesserunt Comites Barones Regi quintam decimam partem bonorum suorum mobilium in Festo Sancti Michaelis proximo tunc futuro sed Robertus Archiepiscopus Cantuariensis pro Clero nihil voluit concedere neque de Temporolitate annexa Ecclesiae sine Licentia Summi Pontificis
enter to Honour God and his Saints Hugh after these Mischiefs you advised the King to give unto the false Traitor the Earl of Winchester Andrew Harkley and self Lands properly belonging to the Crown in Disherision thereof 6 Ibm. Col. 2549. n. 10 20. Hugh whereas the Queen and her Son passed beyond Sea by the King's Command to save the Country of Guyen in point to be lost by your Traiterous Counsel you sent over a great Sum of Money to some of your wicked Adherents to destroy the Queen and her Son qest Droit heir del Realm who is Right Heir of the Kingdom and to hinder their coming over 7 Ibm. Hugh your Father Robert Baldock and self and other false Traitors your Adherents taking upon you Royal Power made great and small by force to swear to and assure you to maintain you in your false Quarrels or Pretences en vouz faux Quereles not having regard that such Confederacies were False and Traiterous against Legience and the State of the King and his Crown 8 Ibm. n. 30 40. And forasmuch as you Hugh and other Traitors knew that the Queen and her Son were arrived in the Nation by your Evil Counsel you caused the King to withdraw himself and go from them and carried him out of the Kingdom to the Danger of his Body and Dishonour to him and his People feloniously taking with you the Treasure of the Realm contrary to the Great Charter Hugh 9 Ibm. The Judgment upon H. le Despenser the Son you are found Traitor wherefore all the good People of the Kingdom Great and Small Rich and Poor by Common Assent do Award That you are found as a Thief and therefore shall be Hanged and are found as a Traitor and therefore shall be Drawn and Quartered and for that you have been Outlawed by the King and by Common Assent and returned to the Court without Warrant you shall be Beheaded vous serrez decollez and for that you abetted and procured Discord between the King and Queen and others of the Realm you shall be Embowelled and your Bowels burnt 1 Ibm. n. 50. Withdraw Traitor Tyrant and so go take your Judgment attainted wicked Traitor He was at this time Earl of Glocester and I see no Trial by Common Jury or his Peers and the Attaint was only this Speech made against and most what was objected to him had been Pardoned by Act of Parlement Et sic 2 Ibm. His Executioc statim morte plexus est Octavo Kalendarum Decembris And so he was presently put to Death on the 8th of the Kalends of December or 24th of November The Earl of Lancaster made no great haste with his Prisoner the King to Kenelworth for in 13 Days time he was got no further from Monmouth than Lidbury in Herefordshire at which Place the 3 Append. n. 71. Writ for Proroguing a Parlement that was pretended to have been Summoned by the King to meet 15 Days after St. Andrew was Dated the 3d of December Teste Rege apud Lidbury tertio die Decembris 20 Ed. II. Witness the King at Lidbury the A Parlement to be holden by the Queen and her Son if the King not in England Prorogued to the morrow of Twelfth-day The King knew nothing of the Writ of Prorogation dated Decemb 3. 3d of December The Writ for this Parlement which was to meet 15 Days after St. Andrew I believe can no where be found which was to be holden by Isabel Queen-Consort of England and Edward his Eldest Son Guardian of England he then being out of the Kingdom as 't is said in the Writ Dated the 3d of December c. for Proroguing that Parlement to the morrow of Epiphany or Twelfth-Day To be holden by him if Personally present or in his absence by his said Consort and Son But the miserable King knew nothing of this Summons Dated at Lidbury on the 3d of December with his Teste for the Great Seal was that Day in the keeping of the Bishop of Norwich at Wodstock and the next Day delivered to Roger Mortimer and the Duke of Aquitan i. e. Edward the King's Son at the same Place as it most certainly appears by the Record in the Appendix The Parlement met according to the Prorogation 4 Hist Sacr. vol. 1. f. 367. The first thing moved in it was Whether the Father or Son should be King n. 70. The Parlement as 't is called met crastino Epiphaniae or 7th of January The first thing moved by the Bishop of 4 Hereford and many other Bishops joining with him was Whether King Edward the Father or his Son Edward should Reign over them They were not long before they Agreed the Son should have the Government of the Kingdom and be Crowned King 5 Append. n. 72. It was carried for the Son The Reasons why he was deposed for the Causes following 1. First For that the Person of the King was not sufficient to Govern for in all his time he was Led and Governed by others who gave him Evil Counsel to the Dishonour of himself and Destruction of Holy Church and all his People not considering or knowing whether it was Good or Evil nor would remedy these things when he was requested by the Great and Wise Men of his Realm or suffer them to be amended 2. Also In all his time he would not give himself to Good Counsel nor take it nor to the Good Government of his Kingdom but always gave himself to Works and Employments not Convenient neglecting the Business of his Realm 3. Also For want of Good Government he lost the Kingdom of Scotland and other Lands and Dominions in Gascoigne and Ireland which his Father left him in Peace and Amity with the King of France and many other Great Persons 4. Also By his Pride and Cruelty he destroyed Holy Church and the Persons of Holy Church putting some in Prison and others in Distress and also put to shameful Death and Imprisoned Banished and Disherited many Great and Noble Men of the Land 5. Also Whereas he was bound by his Oath to do Right to all he would not do it for his own Profit and the Covetousness of him and his Evil Counsellors which were with him neither regarded the other Points of the Oath which he made at his Coronation as he was obliged 6. Also He abandoned his Realm and did as much as he could to destroy it and his People and what is worse by his Cruelty and the Default of his Person he is found incorrigible without hopes of Amendment All which things are so notorious they cannot be gainsaid These Articles were Conceived and Dictated by John Stratford 6 Author Decemb col 2765. n. 40. Commissioners sent to the King at Kenelworth-Castle Bishop of Winchester and Treasurer of England and written by William Mees Clerc his Secretary and a Publick Notary Having Approved the Articles they were by Comune Agreement 7
the King's Duties and Purveyance thro the Kingdom as if he had been King and he and his Party had with them double the Company of Men and Horse that were with the King in destruction of the People not paying for their Quarters more then they pleased 13. Also the said Roger by his Royal Power caused the King to grant to the Mounting of 200 Irish of those that killed the Great Men and others which were in the King's Faith whereas the King ought immediately to have Revenged their Deaths rather then Pardoned them contrary to the Statute and Assent of Parlement 14. Also the said Roger contrived to have destroyed the King's Secret Friends in whom he had most Confidence and he surmised to the King in the presence of the Queen his Mother the Bishops of Lincoln and Salisbury and others of his Council That his said Secret Friends had excited him to Combine with his Enemies beyond Sea in Destruction of the Queen his Mother and of him the said Roger and this he affirmed so impudently upon the King as he could not be believed against what he had said And for these things he had been apprehended and for many others not as yet fit to be declared Wherefore the King charged the Earls and Barons the Peers of the Land as these things concerned himself themselves and all the People of the Realm to do right and true Judgment upon him for the Crimes above-written as notorious and known to be true to themselves and all the People of the Kingdom The Earls Barons and Peers having Examined the Articles The Peers Opinion concerning the Articles against Mortimer came into Parlement before the King and they all delivered their Opinion by one of their Peers That all things contained in the Articles were notorious and known â—â— themselves and the People wherefore they as Judges in Parlement by assent of the King did Award and Judge the said Roger as Traitor and Enemy to the King The Judgment against Mortimer and Kingdom to be Drawn and Hanged and commanded the Earl Marshall to Execute the Judgment and to the Major Aldermen and Sheriffs of London the Constable of the Tower and those who had the Guard of him to be aiding to the Earl Marshall at the Execution which was done on Thursday next after the * Monday the 26th of November was the first day of this Parlement St. Katherin being the 25th See the Summons in Append. n. 82. first day of the Parlement being the 29th day of November He was not brought to Answer but Condemned without hearing and for that reason this Judgment was Reversed as Erroneous and made void by Act of Parlement and his Grandchild Roger Restored to his Title and Estate Rot. Parl. 28 Ed. III. n. 8 9 10 11 12. In the 8 Rot. Parl. 4 Edw. III. n. 2. Simon Bereford charged as a Confederate with Mortmer same Parlement the King charged the Earls Barons and Peers to give right and true Judgment against Simon de Bereford Knight who had been aiding and advising to Roger Mortimer in all the Treasons Felonies and Wickednesses for which he was adjudged to Death as it was notorious and known to the said Peers who came before the King in Parlement and said all with one Voice disirent touz come d'une voice that the said Simon was not their Peer wherefore they were not bound to Judge him as Peer of the Land but for that it was a thing notorious and known to all that he was aiding and advising to the said Roger in all the Felonies Treasons and Villanies abovesaid which were in Vsurpation of Royal Power Murder of the Liege Lord Murdre de Seigneur Lige and destruction of Royal Blood and that he was guilty of divers other Felonies and Robberies and principal Maintainer of Robbers and Felons they as Peers and Judges of Parlement by Assent of the King do Award and Adjudge him as Traitor and Enemy to the King and Realm to be Drawn and Hanged Adjudged to be Drawn and Hanged and the Earl Marshall had Command to do Execution which was done on the Monday next after the Feast of St. Thomas the Apostle All the Peers Earls and Barons in this 9 Ib. n. 3. John Maltravers Practice and Contrivance against the Earl of Kent Parlement agreed That John Mautravers was guilty of the Death of Edmond Earl of Kent the King's Uncle as he that chiefly traiterously and falsely compassed it and whereas he knew King Edward was dead he cunningly and by his false and wicked Subtleties made the Earl think and believe King Edward was alive the which false Contrivance was the cause of all the ensuing Evils wherefore as Peers and Judges of Parlement they award the said John to be Drawn Hanged and Beheaded as a Traytor when he should be found Judged to be Drawn Hanged and Beheaded A Thousand Marks to him that should take him alive Five hundred Pounds for his Head and prayed the King to issue his Proclamation That any one who could take him alive and bring him to the King should have 1000 Marks and if he could not be taken alive he that should bring his Head should have 500 l. of the King's Gift Further 1 Ib. n. 4. The same Judgment against Bogo de Bayons and John Deveroil the same Judgment was given against Bogo de Bayons and * This John Deveroil or Daverel was a Creature of Mortimer's and Governor of Corf Castle where 't was reported King Edward was who being sent to by the Earl of Kent told the Messenger he was there alive and well but that no body might see or speak with him but such as were sent by the Queen or Mortimer John Deveroil for the same Cause and he that could take Bogo alive and bring him to the King should have 100 l. or bring his Head should have 100 Marks and he that could take John alive and bring him to the King should have 100 Marks or could bring his Head should have 40 l. The same Judgment 2 Ib. n. 5. The same Judgment against Thomas de Gurney and William de Ocle for the same cause was given against Thomas de Gurney and William de Ocle for the Death of King Edward Father of the King that then was pur la mort le Roi Edward piere nostre Seigneur c. That they falsely and traiterously Murdered him and he that could take Thomas alive was to have 100 l. or bring his Head 100 Marks he that could bring William Ocle alive was to have 100 Marks or his Head 40 l. Amongst the Pleas of the Crown in this 3 Append. n. 84. Thomas de Berkele Arraigned found not guilty Parlement is contained the Arraignment of Thomas de Berkele Knight for the Death of King Edward the Second for that the said King was committed to the keeping of the said Thomas and John Mautravers in the Castle of the said Thomas
Soveraign Lord by ancient Right and also of the Manner of his doing Homage and Swearing Fealty in the presence and by assent of the Prelates Earls Barons Knights and others of his Kingdom in Parlement assembled at Edinburgh holding his Hands between the King of England's in these Words Jeo Edward par la Grace de Dieu Roi Descoce des Isles apertenences Devenke vostre home liege pur les dits Roialm Isles contre touts Gents que purront vivre morir le dit Roi Dengleterre come Sovereign Seigneur des dits Roialm Descoce Isles receut nostre Homage en la form susdit Et puis Apres entrasems en la foi de dit Roi Dengleterre Sovereign Seigneur de dits Roialm Descoce Isles touchees les Saints Evangeles par les paroles que sensuit Nous seroms And Swearing Fealty foial loial foi loialte porteroms a vos nostre treschier Seigneur Roi de Angleterre a vos heires come as Sovereignes Seigneurs de dits Roialm Descoce Isles contre touts Gents que purront Vivre Morir Et voloms grantoms obligeroms nos nos heires affair a nostre dit Seigneur le Roi Dangleterre a ces heires Homage liege Fealty en le formes susescrits au chescun changement de Seigneur ou inneument dune part ou d'autre That is I Edward by the Grace of God King of Scotland and the Isles thereto belonging become your Liege Man for the Realm and Isles against all People that can live and dye and the said King of England received our Homage in the form abovesaid as Soveraign Lord of the Realm of Scotland and the Isles and then afterwards we entred into the faith of the said King of England Soveraign Lord of the said Realm of Scotland and the Isles touching the Holy Gospels by the Words that follow We shall be true and faithful and faith and truth bear to our most Dear Lord the King of England and to your Heirs as Soveraign Lords of the said Realm of Scotland and Isles against all People that live and dye and we Will Grant and Oblige us and our Heirs to do to our said Lord the King of England and to his Heirs Homage Liege and Fealty in the Forms above-written upon every Change of a Lord or Renewal of one part or the other In the same Instrument he granted to King Edward Berwick c. In Witness whereof he made his Letters Patents dated at Edinburgh Febr. 12. A. D. 1333 in the Second of his Reign The Original under the Great Seal of Scotland is in a Box Intituled Scotia Tempore Regis Edwardi Tertii in a great Chest with that Title in the old Chapter House in the Cloyster at Westminster In the same Year of his Reign reciting that Edward III. by great Edw. King of Scotland grants to Edw. King of England 2000 l. per An. to him and his Heirs for his Assistance c. with the Town of Berwick By Assent of Parlement Expence and Labour of him and his People had given him great Assistance in the Recovery of his Inheritance he granted for him and his Heirs to give assign and deliver unto him 2000 l. yearly Land and Rents in the Borders where it should best please him And in part of those 2000 l. yearly Rent he gave granted and assigned the Castle Town and County of Berwic upon Twede with their Appurtenances separate from the Crown of Scotland and annexed to the Crown of England for ever By Assent of the Prelates Earls Barons Knights and others of the Kingdom aliorum de Regno nostro in Parlement assembled And in further full Other Towns Castles and Counties in Scotland given to K. Edward of England Satisfaction of the said 2000 l. per An. by the same Assent in Parlement gave granted rendred and assigned the Town Castle and County of Rokesburgh the Town Castle and Forest of Jedworth the Town and Castle of Selkirk the Forests of Selkirk and Etrick the Town Castle and County of Edinburgh with the Constablaries of Haddington and Linliscon the Town and County of Pebles and Town County and Castle of Dunfres with their Appurtenances Knights Fees Services with the Advousons of Churches Chapels Religious Houses Custody of the Temporalities in the time of the Vacation of Bishopricks and all things whatsoever belonging to them with the Subjection and Government of the People in those Places To hold them to him and his Heirs separate from the Crown of Scotland and annexed to and incorporated with the Crown of England for ever Dated at Newcastle upon Tine June 12. in the Second Year of his Reign The Original under the Great Seal of Scotland is in the same Box above noted and is confirmed by several Instruments in that Box under the Great Seal King Edward of England two Years before had 7 Froysard K. Edw. demands Berwick and was denied Du Chesne f. 641. C. D. D. Bruce denied Homage to K. Edward sent to David the young King of Scots to deliver up to him Berwic as his Heritage and proper Right and enjoyed by his Ancestors and to come and do Homage for the Kingdom of Scotland holden of his Crown He consults his Barons and Great Men according to whose Advice he gave the Ambassadors this Answer That he greatly marvelled at what King Edward required seeing there could no ancient Titles or Papers be found by which it might appear that the Realm of Scotland held of the Realm of England by Homage or As R. Bruce his Father had done to his Antecessors any other way That his Father King Robert had conquered Berwic by War against Edward II. and he would keep it and that his Father never would do Homage to the Ancestors of Edward King of England And desired the Ambassadors to pray their Master That since he had Married his Sister he would permit him the same Liberty the Kings of Scotland had at all times enjoyed In the mean time King David's Friends held Berwic so as King K. Edw. besiegeth Berwick Edward could not obtain it without Force notwithstanding the Grant of Edward Baliol or his Demand by Right and therefore sent an Army under Command of the 8 R. de Avesbury p. 82. a. c. 21. A. D. 1334. 8 Ed. III. Lord William Montacute to besiege it and within a Month followed with another Army to assist in the Siege On Monday on the Eve of St. Margaret or 19th of July the Scots came with a vast Army to relieve the Town King Edward marched to meet them and led up his Beats the Scots Army and takes it Army himself and in Huntene-More near Berwic fought with and routed them killing says the Historian Forty thousand The rest fled when the Besieged yielded the Town and Castle The next Year 9 Ib p 826 b. c. 22. He wasts and burns Scotland The Scots make a Peace with him
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
him many Noblemen and Manning it well with Men at Arms Archers and Seamen about the latter end of this month engaged them before Winchelsey 3 Ib. p. 121. a. c. 77. They make a Truce and took Twenty four large and rich Ships after which Sea Battel the Spaniards made a Truce for Twenty years The Truce 4 Rot. Fran. 23 Edw. III. M. 9 10. The French Truce prorogued above-mentioned that had been made between Calais and Guines on the 13th of October 1348 to continue unto the first of September 1349 was the 2d of May preceding Prorogued so the Word in the Record to the Feast of Pentecost in the year 1356. In August that year Philip of Valois as above died and his Son John succeeded 5 Ib. 24 E. III. M. 2. on the 25th of November next following Commissioners were appointed to Treat with his Commissioners to confirm the last Truce made with his Father to the first of August then next to come which was to be in the year 1351 and 25th of Edward III. Upon a new Treaty this same Truce 6 Ib. M. 8. Dors The same Truce continued Hostilities committed notwithstanding the Truces was proclaimed to continue a whole year longer until the first of August next after that first of August which was to be in the year 1352 and 26th of Edward III. Notwithstanding these Truces were in being there was often something enterprised by each Party against the other 7 Avesbury p. 121. a. c. 78. A. D. 1351. A. D. 1351. 25 Ed. III. The French besieged the Town of St. John de Angely in Xantogne in the year 1351 and made themselves Masters of it 8 Ib. b. c. 80. The English surprised the Castle of Guines the Governor having been corrupted with Money which King Edward pleasantly excused as 9 F. 372. Mezeray hath it saying Truces were Merchandise and that he did no more than follow the Example of King Philip who would have bought Calais This year the King issued his Writs 1 Rot. Clause 25 Ed. III. M. 5. Dors on the 15th of November for summoning a Parlement to meet on the Feast of St. Hillary or 13th of January which was on Friday 2 Rot. Parl. 25 Ed. III. Part 2. n 1. Summons to Parlement from that day it was continued to Monday because many of the Lords were not come and then until Tuesday the Fifth day of the Parlement when Sir William de Shareshall in the presence of the King Lords and Commons 3 Ib. n. 7. The cause of meeting declared declared the cause of Summons setting forth the King's Title to the Crown of France telling them That Philip of Valois had usurped it all his Life and not only so but moved War against him in Gascoign and other Places seising upon his Rights and Possessions and doing the Mischiefs to him by Sea and Land which they well understood in subversion of him and his Realm of England and that in Parlements before that time the Matter had been propounded in behalf of the King and the Great Men as also the Commons had been requested to give their Counsel and Advice fut prie de sibien as Grantz come as Comunes qils ent vorroient doner lour conseil advis what was best to be done and after good Deliberation had they said They knew no other way to advise him than to procure Allies to go against his Adversary by main Force and to do this they promised to aid him with Body and Goods a ceo fair ils lui promistrent de lui aider de corps de avoir Whereupon the King made Alliances beyond Sea and with their Assistance and the help of his good People of England he made War upon him because he could not have a reasonable Peace That the King and his Adversary had often assented to Truces yet his Adversary during those Truces imagining to subdue and deceive the King broke them every way continuing his Malice against him and his Friends That now John his Son after his decease continuing the same wrongs his Father had maintained possessed the Kingdom of France and contrary to the last Truce confirmed and sworn to by both which he had broken in Gascoign and Bretagne and also upon the Sea and had sent to Scotland to continue the ancient Alliance made between them wholly in Subversion and Destruction of the King and his People of England Wherefore the King first of all much thanks his Commons for the Aids they have made him and for the Good-will he had always found in them pur quoi tut ad e primes nostre Seigneur le Roi mercie molt a ces Comunes des Eydes qils lui ont faitz de lour bone volunte qils ad totes voyes trouve en eux c. and prays them les prie they would advise upon these things until Wednesday tant a cest meskerdy preschien suant which was next day and be at Westminster by Sun-rising taust apres le solail lever in the Painted Chamber to deliberate and to hear if the King would say any thing further touching the cause of his Parlement and to shew the King their Grievances if they had any that Remedy might be given them this Parlement Afterwards 4 Ib. n. 8. A Committee of Lords and Commons to meet to confer upon the Business of this Parlement The King sent the Lords or Great Men to them Sir William charged the Commons on behalf of the King le dit Sire William chargea les Comunes de par le Roi to shorten their stay in Town and for the quick dispatch of these Matters and others that might be shewn them from the King that before their departure they would go together in some place at Westminster to choose 24 or 30 Persons out of their whole number to be on the morrow in the Painted-Chamber that the King might send to them some Great Men aucunes des Grantz to confer with them upon the Business aforesaid On Friday 5 Ibm. all the Commons came before the Prince and the other Great Men les autres Grantz in the White Chamber The cause of Summons further declared and inforced where Sir Bartholomew Burghersh gave them an Account of the Malice and falshood of the King's Adversary of France ou fut dit par Monsieur Barthen de Burghersh la Malice la Fausine de son adversair de France how he had broke the last Truce and that lately upon the Sea in Gascoign Bretagne and near Calais and indeavoured by all the Subtilties and Contrivances his Council knew to trouble the King and his Subjects every where and said the Commons ought diligently to advise what seemed and what might be best to do for the King to oppose and check the Malice and falshood aforesaid for the safety of himself his Kingdom and all his Subjects And presently after this Declaration the said Sir William told
King and the other notwithstanding any Confederacies they have made on this side or beyond the Sea with any Persons be they of Scotland or Flanders or any other Country 32. Also it is agreed That the King of France and his Eldest Son the Regent for them and for their Heirs Kings of France as soon as it may be done shall declare themselves and depart from all the Confederacies they have with the Scots and promise That they nor their Heirs nor the Kings of France for the time being shall give or do to the King or Realm of Scotland nor the Subjects thereof present and to come any Aid Comfort or Favour against the King of England his Heirs and Successors nor against the Kingdom nor against the Subjects in any manner and that they make not other Alliances with the Scots in time to come against the Kings and Kingdom of England And in like manner as soon as it may be done the King of England and his Eldest Son shall declare themselves and depart from all Alliances they have with the Flemmings and so on in the same Words and Things concerning them as the King of France engaged to do in respect of the Scots 33. Also it is agreed That the Collations and Provisions made of Benefices vacant in time of the War by one Party and the other shall hold and be good and that the Costs Issues and Revenues received and levied of any Benefices or other things Temporal whatever in the Kingdoms of France and England by one Party or the other during the Wars shall be quitted by one Party and the other 34. Also That the Kings above-said shall be bound to cause to be confirmed all the Things above-said by our Holy Father the Pope and they shall be made sure and strengthened by Oaths Sentences and Censures of the Court of Rome and all other Places in the most strong manner that can be and there shall be obtained Dispensations Absolutions and Letters from the Court of Rome for perfecting this Treaty and they shall be delivered to the Parties at furthest within three Weeks after the King shall be arrived at Calais 35. Also That all the Subjects of the said Kings which come to Study in the Universities and Places of Study in the Kingdoms of France and England shall enjoy the Privileges and Liberties of those Places and Universities as well as they might have done before the War or as they do at this present 36. Also it is agreed That to the end the Things debated and treated of as above may be more established firm and valuable there shall be made and given the Securities which follow That is to say Letters or Instruments sealed with the Seals of both Kings and their Eldest Sons the best that can be made or directed by their Counsel And the said Kings and their Eldest Sons and other Sons shall swear and also those of their Lineage and other great Men of their Kingdoms to the number of Twenty on each side That they will observe and keep and help in the keeping of the Things treated and agreed inasmuch as shall concern them and without Fraud or Deceit shall accomplish them without ever doing any thing to the contrary and without any hindrance of the same And if there shall be any of the Kingdom of England or France which shall be Rebels and will not agree to the Things above-said the said Kings shall use the Power of their Bodies Goods and Friends to bring such Rebels to Obedience according to the Form and Tenour of the Treaty And further the said Kings their Heirs and Kingdoms shall submit themselves to the Coertion of our Holy Father the Pope that he may constrain by Sentences Censures of the Church and all due ways him that shall be Rebel according to Reason And according to these Establishments and Securities above-said both Kings and their Heirs shall by Faith and Oath Renounce all Wars and Contention And if by Disobedience Rebellion or Power of any Subjects of France or any just Cause the King of France or his Heirs cannot accomplish all the Things above-said the King of England his Heirs or any for them shall not make War against the King of France his Heirs or Kingdom but both together shall endeavour to bring the Rebels into true Obedience and accomplish the Things above-said And if any of the Realm or Obedience of the King of England will not render the Castles Towns and Fortresses which they hold in the Realm of France and obey the Treaty above-said or for just cause cannot do that which by this Treaty they ought to do The King of France nor his Heirs nor any for them shall make War upon the King of England or his Kingdom but both together shall employ their Power to recover the Castles Towns and Fortresses and that all Obedience and Compliance may be given to the Treaty And there shall be made and given on both sides according to the nature of the Fact all manner of Security that shall be known or can be devised as well by the Pope the College of the Court of Rome as otherwise holding and keeping the Peace perpetually and all the Things as above agreed 37. Also it is agreed That by this present Treaty all others if any have been made before shall be null and void and never be any Advantage to either Party nor cause any Reproach of one to the other for not observing them 38. Also the present Treaty shall be Approved Sworn to and Confirmed by the Two Kings when theyshall meet at Calais and after the King of France shall be gone from thence and be in his own Power within a Month next following he shall make Letters Patents of Confirmation and send and deliver them at Calais to the King of England and receive such and the like from the King of England 39. Also it is agreed That neither King shall procure or cause to be procured by himself or others any Injury or Molestation by the Church of Rome or any of Holy Church whoever they be to or concerning this Treaty towards either of the Kings their Coadjutors Adherents and Allies whoever they be or their Lands or Subjects on occasion of the War or other thing or for Service the Coadjutors Adherents or Allies of either side have performed or if our Holy Father will do it of himself both Kings shall hinder it as well as they can without Deceit 40. Also the Hostages that are to be delivered to the King of England at Calais the manner and time thereof the Two Kings shall there direct Note That in the Corrected Instrument or Letters of this Treaty the Words Resort and Sovereignty are always and in all Articles omitted in respect to the King of England's enjoying them in the Places which were to be delivered to him where in the uncorrected Articles and Instrument they are given to him And then it follows at the latter end or bottom of the Articles
in Aquitan tant en nostre Roialme de France come in Aquitaigne and other where giving him Power to take and receive in his Name and by his Authority to his Peace Grace Obedience and Subjection all the Cities Towns Burghs Castles Fortresses and Places in those Parts and their Inhabitants that would come and return into his Peace Grace c. and to remit and pardon all manner of evil Practices The great Power given unto him toutes maneres de Malefices Trespasses Excess Theft Homicide and all manner of Treasons To re-call all Banished and Exiled Persons and to re-establish and render to them all their Goods they had forfeited and to restore them entirely to their Countries with all their ancient Privileges they were used to enjoy To give to those that deserved well in his Wars Towns Castles Fortresses Lands and Rents c. in Heritage during their Lives or for Years according to their Deserts To raise Forces Taxes Subsidies and Aids for the Wars to collect and to levy them To shorten this full long and extraordinary Grant and Commission he had Power to do whatever he could do himself if present It was Dated at Westminster June 12. 1373. and 47th of his Reign of England c. The Duke of Lancaster having this Power 2 Claus 57 Ed. III. M. 25. Dors Prayers having been made for his good Success 3 Mezeray f. 393. Froys c. 310 311. arrived with an Army at Calais on the 20th of July which he divided into three Bodies or Battels marched through and pillaged Artois Picardy Champagne Fores Avergne and Limosin and so into Guyen and to Burdeaux where he came about Christmas with a shattered and His ill Conduct unserviceable Army having 4 Wals f. 187. lin 16. lost many Men and most of his Horses for want of Rest Victuals and Forage without any Battel or considerable Engagement Mezeray 5 F. 393. The King of France his Policy reports it to have been the constant Resolution of this King of France not to hazard any main Battel against the English but directed his Forces should be so lodged every Night as next Morning to follow them always galling and disturbing them falling upon their Parties and Detachments keeping so near them as to prevent their being supplied with Provision and Forage and by that means to defeat great Armies by in marching his Army little and little and make them unserviceable which was the present case The Duke of Lancaster though he marched Triumphantly in the beginning yet toward the latter end of his March being constantly followed and attended by the Dukes of Anjou and Burgundy and Constable of France his Army was baffled without Fighting and mightily weakened While the Duke of Lancaster marched thus through France Summons to Parlement from Calais to Burdeaux his Father Summoned a Parlement to meet on the morrow of St. Edmund the King or 21st of November which was that Year on Monday In the Writs of 6 Rot. Claus 42 Ed. III. M. 13. Dors A. D. 1373. Summons to the Sheriffs were these unusual Clauses being enjoyned to cause to be Chosen Two Dubbed Knights or the most Worthy Honest and Discreet Esquires of the County and the most expert in Feats of Arms and no others 7 Ibm. What Knights Esquires Citizens and Burâ—â—sses were to be chosen Quod de Comitatu tuo Eligi facias duos Milites Gladiis cinctos seu Armigeros de dicto Comitatu Digniores Probiores in actibus Armorum Magis Expertos Discretos non alterius Conditionis And of every City of that County Two Citizens and of every Burgh Two Burgesses de Discretioribus magis Sufficientibus qui in Navigio ac in Excercitio Merchandisarum noticiam habent meliorem of the most Discreet and Sufficient who had the greatest Skill in Shipping and Merchandizing The King Prince Prelates Earls Barons Great Men and Commons being assembled in the Painted Chamber le Roi Prince Prelatz Countes Barons Grantz Comunes en la Chambre de Peinte assemblez Sir John Knivet then Chancellor declared the cause of Summons 8 Rot. Parl. 47 Ed. III. n. 2. The cause of Summons declared The Peace broken by the French telling the Lords and Commons they knew well That after the Peace between the King and his Adversaries of France apparently broken by them the King had many times sent great Numbers of Men at Arms and others over Sea to recover his Rights and to restrain the Malice of his Enemies and lately had sent his Son the King of Castile and Leon and Duke of Lancaster with many great Men and others in great Number to oppose the Malice of his Adversaries * This must be in the beginning of their March and before the Armies of France attended their motion and hindred their glorious and easie Progress who by their Good and Noble Conduct queux par my lour bon noble Government and Feats of Arms have done great Damages and Destructions to his Enemies as they knew well to the great Honour Quiet and Tranquillity of the King the Clergy and all others of the Kingdom That the Sum granted last Parlement to the King in Aid of his Wars tho' great and heavy upon the People yet the King exponded a great Sum of his own more than that Further 9 Ibm. n. 3. That the Great Men and others who ventured their Lives and Fortunes for and to defend them from their Enemies ought to be well refreshed and comforted with Force and Aid many ways busoignent bien de estre refreschez confortez de Force de Eide par plusors vies and that as speedily as might be as it was well known to many of them who had been in the same Condition The Enemy of France makes himself strong c. That also the Enemy of France made himself as strong as he could not only by his own People and Allies but by Strangers of divers Countries and by all the ways he could both by Land and Sea Wherefore he said the King beseeched and charged them 1 Ibm. n. 4. par quoi nostre Seigneur le Roi vous supplie charge That considering the Perils and Damages might happen to the Kingdom and all the People for these Causes they would consult upon the matter and give the King such Advice as might be for the Safety of him the Kingdom and themselves And further said 2 Ibm. The King willeth That all Petitions and particular Business remain in suspence until his was dispatched That the Business requiring speedy dispatch the King would that all manner of Petitions and other particular Business might remain in suspence until this had a good Issue Le Roi voet que toutees manere de Petitions autres singulers Busoignes de moergent en suspens tanque cette soit mys a bon fin And then commanding the Commons commanda as Comunes
granted the last Parlement and that they might be Sworn in their presence That what was Received by them should wholly be expended upon the Wars and not otherwise and that the High Treasurer of England should receive nothing or any ways meddle herein But afterwards when they had 9 Ib. n. 21. Who were laid aside and the High Treasurer made Receiver considered what Sum the Wages of such Four Treasurers would amount unto by the year quel somme les Gaiges des sieux quatre Tresoiriers resident â—ur celle fait amonteroit per an the Commons departed from this Request and prayed the High Treasurer might be Receiver to the use of the War in manner accustomed The 1 Ib. n. 32. The Commons Petition Commons in this Parlement beseeched the King That the Patent lately granted viz. November the 4th as above by the great Council to the Major Aldermen and Commons of the City of London upon the Article That no Strange Merchant That the Patent granted to London might be granted to other Cities and Burghs ought to Sell to another Strange Merchant any Goods or Merchandise to Sell again in manner as in the said Patent is more fully contained might be renewed and granted as well to other Cities and Burghs as to them with a Charter or Clause of Confirmation Of which Patent the Copy follows Edward 3 Ib. Rot. Parl. 51 Ed. III. n. 33. The Patent it self King of England c. To whom these present Letters shall come Greeting Our Beloved and Faithful the Major Aldermen and the rest of the Citizens of the City of London by their Petition exhibited before us and our Great Council containing amongst other things That for that all Strangers do freely sell all sorts of Merchandise whatsoever within the Liberty of the said City that they may be sold again as the Citizens do whereas the said Strangers according to the Liberty of the said City anciently obtained ought not nor could so do Whereby as well the said Citizens are much impoverished and Goods and Merchandise much more dear c. for Relief of the Citizens and Common Profit of our People under a grievous Forfeiture to us to command they shall be restrained We being favourably enclined to the said Petition Will and Grant That no Stranger within the Liberty of the City aforesaid shall sell any Merchandise to a Stranger or any ways presume to do it that they may be sold again until by the Noble and Great Men of our Kingdom per Proceres Magnates Regni nostri it shall be duly debated in our next Parlement whether our present Grant may for the future redound to the Disprofit or Common Profit of our People Saving always to the Lords of our Kingdom and all others that they may buy such Merchandise of all Men in Gross for their own Vse and saving also to the German Hanse Merchants the Liberties Granted and Confirmed to them by us and our Progenitors In Witness whereof we have caused to be made these Letters Patents Witness our self at Westminster Novemb. 4. in the Year of our Reign of England 50th of France 37th The Answer to the Petition above with which this Patent was delivered and presented by the Commons was Le Roy 4 Ibm. Ro. The Answer to the Petition voet estre informe The King will be informed At the same time the 5 Ib. n. 34. A Petition of the Commons and Citizens of London about their Corner Commons with the Mayor Aldermen and Commons of the City of London Petition the King That for divers Mischiefs that often happened in the said City by reason the Coroner was not Justiciable nest pas justisable by the Major Aldermen or other Officers That they might chuse a Coroner of themselves and remove him when they pleased as it was practised in many Cities and Towns of the Land they answering to the King in manner as appertained to the said Office The King's Answer was Le Roy 6 Ibm. my voet mye depart a son ancien Droit The King The King's Answer to it will not depart from his ancient Right The Commons Petition the 7 Ibm n 35. The Commons Petition that Foreigners might be removed out of the Land c. King That for many Causes well known to his Privy Council as to them That it would be profitable to the Kingdom that all manner of Foreigners were commanded out of it during the Wars unless they were Merchants and Artificers which were not Adherents to his Enemies and such as their stay were advantageous to the Reaalm and for that he was their Liege Lord pur le que voz esterz nostre Seigneur Liege c. and had the Power of doing Justice in Right of his Crown in all things Temporal within his Kingdom and that they have no Obedience of any thing Temporal but to him as their King and Liege Lord That he would please to Order and Command That none of his Lieges be Farmer or Servant to any that have Estates in England unless to such as inhabit there or such as were in his Legiance and had special Leave to live out of the Kingdom And that he would please to Command his Sage Council to add more to this matter that might be needful for the Amendment and Profit of his Kingdom And they all his said Commons make Protestations before God Himself and all the Prelates and Clercs which were at that Parlement That their Intent and Will was That the True Estate of Holy Church shall not by them be Blemished in any Point but otherwise preserved and kept safe according to your Pleasure The Answer was Le Roy les 8 Ibm. Ro. The King's Answer Grantz de la Terre s'adviserent en ordeneront que mien y soit Affoire The King and the Great Men of the Land will Advise and order what is best to be done And further in this case they Petition 9 Ibm. n. 36. They Petition against Provisors That all Provisors of Benefices from Rome and that their Officers or Servants may be put out of the King's Protection if they Sue Prosecute or any way Disturb or cause to be Excommunicated the True Patrons This was the Answer The Pope hath promised Redress 1 Ibm. The King's Answer and if he makes it not the Laws in this case shall be in force Amongst their Petitions in this Parlement we find the 2 Ibm. n. 75. The Commons pray the Judgment against the Lord Latimer may be reversed Commons pray the King and Noble Lords of Parlement That whereas in the last Parlement by untrue Suggestions and without due Process the Lord Latimer one of the Peers of the Realm and sufficient to be of the King's Council as well for his Wars as otherwise was outed of all Offices and Privy Council with the King estoit oustrez de toutz Offices des Privez Consielx entrour le
spake any thing by Common Assent of his Companions it might be amended by them before their departure or afterwards He then 3 Ibm. n. 17. rehearsed in short Words the Articles of the Charge il rehearceast en courtes Paroles les Articles de les Chargez a eaux donez And first for the Liberties and Franchises for the Liberties and Franchise of the Church Good Laws and Customs Honour of God granted to Holy Church and for the King's Promise of preserving the Good Laws and Customs of his Kingdom entirely and punishing such as should any thing do against them the Commons humbly thanked him with their whole Hearts kneeling upon the Ground les genulx a Terre and praying God they might be put in due Execution As to the Aid the King 4 Ibm. n. 18. The Commons Pretences why they ought or could not grant an Aid demanded of his Commons for the Defence and Safety of the Kingdom and for the Safeguard of his Lordships Lands Towns and Forts beyond Sea and toward his Wars the Commons said la Comune dit That in the last Parlement in his first Year the same things were shewn unto them in behalf of the King at which time they answered It was apparent the King had not so great need for an Aid seeing he had in his hands the Priories alien the Subsidies of Wooll the Revenues of the Crown the Lands of the Prince his Father and many other Great Lordships by the Nonage of the Heirs of them and that therefore there must be great Plenty of Money in the Treasury To which the King's Council then answered That lately the Charge of the Coronation had been very great and that the Money upon those Funds they mentioned came in very slowly nor could they be collected soon enough for an Expedition that Year And it was then further said That if the Commons would furnish the King with â— great Sum of Money to make such an Expedition as might be for the Destruction of his Enemies en destruction des ses Enemies they hoped he might have Money sufficient afterwards from time to time to maintain the War and defend the Kingdom And thereupon the Commons then said That in hopes of that Promise to be discharged of Tallage for a great time after they granted a greater Sum than had been given to any King to be levied in so short a time And all things considered it seemed to the Commons that there must be a great Sum in the Treasury besides what had been expended in the last Voyage so that the King had no need to charge the Commons who were in a lower Condition than ever by reason of that Payment and lately by the Murrein amongst their Cattel and their Enemies Burnings upon the Sea-Coasts That their Corn and other Chattels were at so low a Rate that no Money could be raised at present And hereupon they prayed the King to excuse them not being able to bear any Charge for pure Poverty pur pure Povertee To all which 5 Ibm. n. 19. A full Answer to those Pretences The Commons charged with untruth Monsieur Richard le Scrop answered making Protestation That he knew of no such Promise made in the last Parlement and saving the Honour and Reverence due to the King and Lords what the Commons said was not True le dit de la Comune en celle partie ne contient my veritee And as to the Subsidy last granted that a great part of it was in the Treasury to wit of the Two Fifteenths and Two Tenths and afterward of Wooll in that Parlement he vouched the Testimony of William Walworth and John Philpot who by their Consent were appointed Receivers of them that every Penny thereof was expended upon the War and that not one Penny came to the High Treasurer of England or any other to the Use of the King That the Revenues of the Crown besides the Annuities and other Charges upon them granted by his Grandfather and Father were too small and without the Customs of Wooll and Lands of the Priors aliens the Honour and Estate of the King could not be maintained And therefore they were to know that according to Reason they ought to relinquish their Complaint if they pleased a celle pleint voâ—s faut par Reson cesser si vous plest Whereupon the Commons 6 Ib. n. 20. The Commons request to know how the Money had been expended To know the Names of the Great Officers and Governours of the King's Person for the Year ensuing after a short Deliberation made it their Request to the King he would please to shew them how and in what manner the great Sums given for the War had been expended and also that he would please to let them know the Names of such as should be the Great Officers of the Kingdom and who his Counsellors and Governours of his Person being yet of tender Age for the next Year as it had been before Ordained in Parlement To which it was 7 Ib. n. 21. The Answer to both those Requests answered on the behalf of the King by the said Monsieur Richard That though there never was any account given of Subsidies or any other Grant made in Parlement or out of Parlement to the Commons or any other but to the King and his Officers yet he willed and commanded of his own motion to please the Commons not that it was of Right for him so to do or that he was forced to it do by reason of their Request now made That William Walworth then present with some of his Council assigned thereto by him should in Writing clearly shew them the Receipts and Expences so as it should not be drawn into Example for the future As to the Officers the King had caused them to be chosen by the Advice of the Lords And as to his Counsellors they should be such as pleased him serra les Counsellers de tieux come luy plerra whose Names they should receive in certain si plest au Roy. The King commanded charged and prayed them and also all The Commons commanded and prayed to dispatch their Parlement Business the Lords present prayed them nostre Seigneur le Roy vous commande charge enpriant ainsi vous priont touz les Seigneur cy presentz That having due Consideration of the great apparent Dangers on all sides they would provide for the Defence of the Kingdom which not only concerned the King but all and every one of them and think how the War might be maintained and give as speedy an Answer as they could that the Parlement To save the Charge of the poor Commons in paying their Wages might have an end and good effect in ease of the King Lords and themselves for the Profit of the Kingdom and Discharge of the poor Commons that every day paid their Expences during the Parlement which was one of their principal Charges given the first day Another
for there is nothing of this Accusation on the Parlement-Roll About the 6 Wals f. 310. n. 30. A. D. 1385. 8 Ric. II. The Duke of Lancaster goes into France makes only a Truce for 3 quarters of a year His extravagant Expences beginning of August the Duke of Lancaster went into France to Treat about a Peace or Truce He staid there long with many Noblemen and made a Truce only to the first of May next coming and then returned after the Expence of 50000 Marks While the * Ib. n. 40 50. John of Northampton's Trial and Judgment Duke was in France the King called many of the Noblemen together at Reding where John of Northampton was Tried for his late Practices in London when he was Convicted by the Testimony of his Clerc and Sentence was to be given upon him in the King's Presence He said such Judgment ought not to pass upon him in the Absence of his Lord the Duke which brought ill Suspicions upon him The Judge told him That he was to acquit himself by Duel of the Crimes laid against him or by the Laws of the Land to be Drawn Hanged and Quartered To which making no Answer he was condemned to perpetual Prison above 100 Miles from London and sent to Tintagel-Castle in Cornwal and the Goods to be seized to his King's Use Some time after the King * Ibm. f. 314. n. 50. The Duke of Lancaster was to have been Arraigned of High-Treason intending to Arraign the Duke of Lancaster upon several Articles of Treason before Sir Robert Trisilian Lord Chief Justice whereas he ought to have been Tried by his Peers he Victualled and Manned his Castle of Pontfract and stood upon his Guard until his Peace was made by the Princess of Wales his Mother On the 7 Rot. Parl. 8 Ric. II. n. 1 2 3. A Parlement The cause of Summons morrow of St. Martin or 12th of November a Parlement assembled at Westminster The Chancellor shewed the King's great Care of the Church Commons and Laws of England and further shewed how the Nation was invironed with Enemies the French Spaniards Scots and Flemings and that the chief cause of calling the Parlement was to provide for the Safety and Defence of the Kingdom and to consider how this Provision might best and most speedily be made and so as the poor People might be least burthened and withal let them know the King offered to go in his own Person for Defence of the Kingdom against any Enemy by the Advice of his Council These things considered 8 Ibm. n. 10. Two 15ths granted the Lords and Commons granted the King for the Defence of the Kingdom the Safeguard of the Sea and Marches of Scotland Two Fifteenths one to be paid at Lady-Day next coming the other at Midsummer upon condition that the last half Fifteenth granted at Salisbury might not be paid And in case the King went not in his own Person against his Enemies or that Peace or Truce should be made with them then the latter of these Two Fifteenths not to be Levied In this Parlement 9 Ibm. n. 13. The Judgment against Alice Perrers repealed Alice Perrers the Wife of Sir William Windsor petitioned to have the Judgment and Order made against her in the 50th of Edward III. and the Judgment and Statute made against her in the first of this King to be repealed and that she might be restored to all her Lands and Tenements 1 Ibm. Ro. Which was granted by Advice and Assent of the Lords and Commons so as the Gifts and Grants of any of the Lands Tenements and Houses repealed may remain in force There is nothing more concerning Scotland and England in our Historians for this Year but alternate Invasions as they found or made Opportunities and burning and plundering each others Countries Next Year 2 Knight col 2674 n. 60. The French and Scots join to invade England John de Vienna Admiral of France came from thence with a great Fleet and in June transported an Army into Scotland to join with the Scots to invade England The King prepares an Army to march into Scotland and sends the Duke of Lancaster with a good Force before to secure the Borders 3 Ibm. col 2675. n. 10. The King marcheth into Scotland with a great Army On the 7th of July the King was at Leicester and the Queen with him and there went before came with and followed him the Flower of the English Militia Earls Barons Knights Esquires Valets and others to a vast Number With this Royal Army the King marched into Scotland but could not find the Scots or at least could not follow them into the Woods Forests Fastnesses or the High-lands whither they drove with them their great Cattel 4 Ib. n. 20 30 40. The Scots fly into the Woods and High-lands Finding nothing in the Country he burnt Edinburgh and many other Towns cut down Woods and burnt them likewise While these things were doing by the English toward the High-lands about Edinburgh and in the East-Marches the Scots and French slipt the English entred the The French and Scots march into England West-Marches burnt Penreth plundered the Country took many Captives and made an Attempt upon Carlisle but hearing of the coming of the English got again into their own Country 5 Wals f. 317. n. 30. and do more Mischief there than the King with his Army did in Scotland A mighty Fleet prepared by carrying more out of England than the King with his Royal Army carried out of Scotland While the English Army was in Scotland the King of France was providing a mighty Fleet and Army at Sluis in Flanders to invade England Froysart 6 Vol. 2. cap. 53 53 54. the King of France to invade England says this Navy was Twelve hundred and eighty seven Ships in September 1386. at Sluis and Blanqueberg and adds since God created the World there was never seen so many great Ships together The Land-Forces were according to this mighty Fleet and the King having notice of these vast Preparations provided accordingly both by Sea and Land to intercept them or hinder their Descent 7 Ibm. c. 59. The Wind held contrary so as they could not pass toward England until after St. Andrew or 30th of November when a Council being called it was resolved it being so late in the Year the Expedition was laid aside until April or May following 8 Ib. c. 60. Froysard says he had an Account of the great Provision the Dauphin of Avergn made for this Voyage from himself In the 9th of this King a Parlement was 9 Claus 9 Ric. II. M. 45 Dors A. D. 1386. holden at Westminster on the Friday next after St. Luke in which the Lords Great Men and the Communities of Counties Cities and Burghs 1 Rot. Parl. 9 Ric. II. n. 10. A Tax granted for the Duke of Lancaster's Voyage into Spain Memorandum
quod Domini Magnates ac Comunitates Comitatuum Civitatum Burgorum concesserunt Domino Regi c. granted to the King for the Voyage of John King of Castile and Leon Duke of Lancaster into Spain and safe keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and half a Tenth and Fifteenth the 10th and 15th to be paid at Candlemas and the half 10th and 15th to be paid at Midsummer for the receipt and expending whereof there were special Treasurers appointed in Parlement and Supravisors to see it done And this 2 Ibm. Voyage into Spain was agreed and granted by the King Prelates Noblemen Great Men and Communities aforesaid in full Parlement In the King's Entrance into 3 Knighton col 2675. n. 50. Scotland the King conferred several Honours upon the Persons following at Hounslow-Lodge in Tividale says the Record which were confirmed in this Parlement The King's Unkle 4 Rot. Parl. 9 Ric. II. n. 14. Several Titles and Honours confirmed in Parlement Edmond Earl of Cambridge being created Duke of York was confirmed in that Title and had from the King 1000 l. a Year to support his Dignity to be paid out of the Exchequer to him and his Heirs Male until the King could settle Lands upon him and his Heirs of the like Value Then also was 5 Ibm. n. 15. Thomas Earl of Buckingham and Essex the King's Unkle being created Duke of Gloucester confirmed in that Title with the like Gift and Settlement to support his Dignity Michael de la Pole 6 Ibm. n. 16. being created Earl of Suffolk was confirmed in that Dignity and had for the support of his Honour 20. l. a Year out of the Farm of the County and 500 l. a Year out of the Estate of the former Earl which had escheated to the King for want of Heirs after the Decease of the Queen and Isabelle Countess of Suffolk The Earl of 7 Ib. n. 17. Oxford being created Marquess of Dublin was confirmed in that Title by consent of the Prelates Lords and Commons and had by the same consent the Land and Lordship of Ireland c. except some Royalties belonging to the Crown paying 5000 Marks yearly into the Exchequer In this Parlement the 8 Ib. n. 32. The Commons Petition the King's Houshold might be viewed every year and if need were Regulated Commons Petition the King That the State of his Houshold might be viewed every year by the Chancellor Treasurer and Clerk of the Privy Seal and what was amiss to be mended at their Discretion And also That the Statutes of ancient time made concerning the Houshold might be kept and duely executed in all their Points As to the first Article of the 9 Ib. Ro. The King's Answer Petition The King will do it when he please As to the second Le Roy le Voet The King Willeth It was also then Enacted 1 Ib. n. 33. That all Lords and other Persons having any Lands on the Marches beyond Tine do dwell thereupon saving that the King may shew favour when he please The Commons desired to know 2 Ib n. 39. who should be the King 's Chief Officers and Governors of the State of the Kingdom The Answer 3 Ib. Ro. was The King hath enough sufficient Officers at present and will change them at his pleasure On Easter 5 Knighton col 2676. n. 30 40 50 60. A. D. 1387. The Duke of Lancaster's Day next following the Duke of Lancaster with his Wife came to take his Leave of the King to whom he gave a Crown of Gold and the Queen gave another to his Wife and the King commanded all about him to call and Honour him as King of Spain 6 Ibm. Voyage into Spain and what he did there On the 9th of July all things being prepared for the Expedition he set sail with 20000 Men for Spain whereof in the Marshall's Roll 2000 were Men at Arms and 8000 Archers in which Army several very great Men were the Chief Officers 7 Ib. col 2677. n. 10 20. He had with him his Wife Constance the Eldest Daughter of Peter King of Castile c. for his Tyrannies called the Cruel who died without Issue Male by whom he claimed that Kingdom and Katherin his only Daughter by her and Two Daughters by his first Wife Blanch Daughter and Heiress to Henry Duke of Lancaster Philip and Elizabeth Peter King of Castile was Son of Alphonso the Sixth King of Castile c. upon whom Henry II. a Bastard Son of Alphonso usurped the Kingdom He Married his Daughter Philip by his first Wife Blanch to the King of Portugal and his Daughter Katherin the true Heiress of the Kingdom of Castile by his Wife Constance to John the Son of Henry the Bastard and Usurper 8 Walsingh f. 342. n. 30 40. but so as if they had no Issue the Inheritance of the Crown was to be and remain to the Son of Edmond Duke of York Brother to the Duke of Lancaster who had Married Isabel the Younger Daughter of King Peter the Cruel Upon these Terms and a mighty Sum of Money paid by Henry the Bastard to the Duke and an Annuity of 10000 l. a year to him and his Dutchess Constance for their Lives a Peace was concluded between the Vsurper and the Duke and the Affair of Castile or Spain settled after which he went into Aquitan and stayed there and in Spain more then Two years and then returned into England in the beginning of November 1389. Knighton 9 Ut supra says the Money paid down to the Duke of Lancaster was an immense Sum and that he was told by one of his Family and Retinue in this Voyage that for the second Payment the King of Spain sent him Forty seven Mules laden with Gold in Chests 1 Walsingh f. 323. n. 60 c. Knighton ut supra n. 40 50 60. As he sailed into Spain he landed some Forces in Britany and relieved Brest that was then besieged by the Duke of that Country This year Writs were issued for calling a Parlement on the First of October at Westminster dated 2 Rot. Clause 10 Ric. II. M. 42. Dors The Duke of Suffolk Michael de la Pole Aug. 8. wherein Michael de la Pole Earl of Suffolk and then Chancellor of England was impeached by the Commons in several Articles 3 Rot. Parl. 10 Ric. II. n. 6. impeached by the Commons The first and chief Article was That he was Sworn as Chancellor to procure the Profit of the King That he purchased of the King Land Rents and Tenements to a great value contrary to his Oath not considering the Necessity of the King and Kingdom and that he being Chancellor at the time of the Purchase caused the yearly Rent of the Lands to be undervalued very much in deceit of the King The residue of the Articles were much of the same Nature for Deceiving
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
they had Judgment again passed on them as before By the Mediation of the Bishops had their Lives spared and at that very Moment came the Arch-Bishop of Canterbury and all the Bishops of both Provinces and prayed the Lords Temporal the Execution as to their Lives might be respited that they might obtain their Lives of the King He ordered Execution should be stayed and granted them their Lives As to the other part of their Sentence that was to remain in force and their Bodies in Prison during the King's Pleasure until the King by Advice of the Lords should direct otherwise concerning them On the same 5 Ibm. The Bp. of Chichester and the King's Confessor impeached Friday Thomas Bishop of Chichester and the King's Confessor impeached and accused by the Commons That he was present at the Places and Times when the Questions were put to the Justices c. and the Answers made and excited them by Threats to answer as they did knowing the false Purposes and Treasons designed by the Traitors adjudged and aided and assisted them and would not make Discovery to any of the Lords that caused the Commission to be made last Parlement whereby Remedy might have been had for the Safety of the King and Kingdom 6 Ibm. To which the Bishop answered of his own free Will That he did not excite them to do or say any thing And further said They were not excited or charged to say any thing but what the Law was And touching the Concealment of the Treasons he had made such Assurance and Affiance as he could not discover And said further That the Traitors were about the King and had such Power over him before he had so great Interest in the King as to prevent such Mischiefs as might come upon him The Commons replied He had upon the Matter confessed himself Guilty and prayed he might be Attainted Upon this Answer of the Bishop the Replication of the Commons and all Circumstances of the Accusation the Lords took time to give such Judgment as might be for the Honour of God and Profit of the King and Kingdom 7 Ibm. Sir S. Burley and 3 others impeached During which time on the 12th of March Simon Burley Kt. John Beauchamp of Holt Kt. John Salisbury Kt. and James Barners Kt. were brought into Parlement and at the Request of the Commons impeached The Articles exhibited against them were Sixteen 8 Ibm. The Articles against them The first Article in the Appeal was the first Article in this Impeachment In the second Article they are accused as Traitors and Enemies of the Kingdom for that they knew of all the Treasons in the Appeal mentioned and that they were Aiding Assisting Counselling and Assenting to all the Traitors attainted and that Simon Burley and John Beauchamp were Principal Actors in all the Treasons In the eighth Article they were accused for Conspiring and Designing with the Five Appealed to destroy and put to Death those who were Assenting to the making of the Commission and Statute in the last Parlement The rest are of less moment but all relating to the Articles of the Appeal 9 Ibm. They all answer Not Guilty The Commons replied They were Guilty The Lords take time to examin and consider the Impeachment Upon this and the Bishop of Chichester's Impeachment the Lords Temporal until Friday the 20th of March on which Day the Parlement was Adjourned unto the Monday next after or on the morrow of the Quinden of Easter or 13th of April On which Monday the Lords Temporal took time to Deliberate upon these Matters until the 5th of May when Simon Burley was brought into the Parlement and the Lords by due and sufficient Examination and Information found him Guilty of what he was Impeached in the eighth Article which had been adjudged Treason and by Assent of the King Awarded he The Judgment against Sir S. Burley who was executed should be Drawn Hanged and his Head Chopped off The King Pardoned his Drawing and Hanging but his Head was Chopt off the same Day on Tower-Hill His Heirs were Disherited for ever and his Lands Tenements Goods and Chattels forfeit to the King as part of the Judgment On the 12th of 1 Ibm. The 3 others had the same Judgment and executed March John Beauchamp John Salisbury and James Barners were brought into Parlement and had the same Judgment Beauchamp and Barners had their Drawing and Hanging Pardoned and had their Heads struck off on Tower-Hill and were all Executed on the same 12th of March. On the same Day the 2 Ibm. Judgment against the Bp. of Chichester Bishop of Chichester was sent for into Parlement where the Lords Temporal found him Guilty of Treason as it was laid in the Impeachment and by Assent of the King they Awarded his Heirs should be Disherited his Lands Tenements Goods and Chattels forfeit to the King and the Temporalties of his Bishoprick seized into the King's hands As to his Person the Lords would advise what to do for the Honour of God and Holy Church and the Safety of the State of Prelacy and of the Laws of the Land And then in the same Parlement it was 3 Ibm. He was with 6 others banished into Ireland Ordained That this Bishop Sir Robert Belknap Sir Roger Fulthorp Sir John Holt Sir William Burgh Sir John Cary and John Loketon should be sent into Ireland to several Towns and Places there to remain during their Lives 4 Ibm. Their allowance from the King by Order of Parlement And it was also then Ordered That Sir Robert Belknap and Sir Roger Fulthorp for their support during their Lives should have Forty Pounds a Year Sir John Holt and Sir William Burgh Forty Marks a Year Sir John Cary and John Loketon Twenty Pounds a Year of the King's Gift and each of them to have Two Servants to wait on them And that the Bishop of Chichester might have annually Forty Marks for his Sustenance during his Life if any of his Friends would give him so much Upon 5 Stat. at Large 11 Ric. II. c. 1. Four Petitions of the Commons Râ—â— Pâ—rl 11 R c. II part 1. n. 37. That the Commission and Statute should be confirmed Also what the Duke of Glocester Earls of Warâ—â—â— Arâ—â—dâ—â— Dâ—â—by and Nottingâ—â—m did Petition of the Commons the Ordinance and Commission made the last Year were confirmed and all that was done in that Parlement and also what the Duke of Glocester Earls of Warwick and Arundel did and all that the same Duke and Earls with the Earls of Derby and Marshal or any of them did or any other of their Company or of their Aid or of their Adherents or any of them by their Assemblings Ridings Marchings in Arms Appeals and Pursuits as things done to the Honour of God the Safety of the King Maintenance of his Crown and Safety of the whole Kingdom And also in pursuance of the same Petition had
under the protection of their Franchises and were detained by the Inhabitants of those Places might have power to enter such Places and seize and bring away their Villanes The Answer was the same with the foregoing According to the Request of the Commons the 7 Walsingh f. 347. n. 10 20. Mezeray f. 413. The Truce between England and Fr. continued for a year longer Duke of Lancaster went into France to Treat of a final Peace he was splendidly received at Amiens by the King and chief Nobility of that Kingdom who met him there The Issue of the Treaty was That the Truce should continue for One year longer for the Observation of which both Kings made Oath The King about this time wanted Money and sent to the City of London to borrow a Thousand Pounds who 8 Knighten Col. 2740. n. 10. c. Walsingham ut supra n. 50. c. The City of London deny to lend the King a Thousand Pounds And almost killed a Lumbard that lent it him denied to lend him it and abused and beat a Lumbard so grievously that offered to lend it as they near killed him for this and other things by advice of a great Council held at Nottingham their Liberties were seized and being convinced they had forfeited them Their Liberties seised The Major and Sheriffs imprisoned Their Liberties restored by the Mediation of the Duke of Glocester the Major and Sheriffs were sent to Prison and Sir Edward Dalyngrug was made Guardian of the City On the Assumption of the Virgin Mary or 15th of August the King with a great Train of the Nobility with his Queen went into the City where he was most Honourably and Nobly Received and Presented both himself and Queen and not long after by the Mediation of Friends especially the Duke of Glocester the Liberties of the City were Restored with Power of choosing a Major as before In the Parlement holden on the Quindene of St. Hillary in the The Earl of Arundel against the Duke of Lancaster Seventeenth of this King the Earl of Arundel declared several things the King had done for the Duke of 9 Rot. Parl. 17 Ric. II. n. 11. A. D. 1393 1394. He asks the Duke's Pardon in Parlement Lancaster that were against his Honour and Profit but they were such as the King answered them all himself and justified them and he was by the King and Lords ordered to ask his Pardon in full Parlement which was done The King Lords Knights of Honour and Justices in this Parlement 1 Ib. n. 16. The King Lords c. assent to a Peace to be made with France assented to a Peace so as the King did not make Homage Liege and saving also and always the Liberty of his Person and the Crown of England and of his Lieges of the same Kingdom and that he and his Heirs might Resort and have Regress to the Name Title and Right of the Crown and Kingdom of France if the Peace should be broken by his Adversary and his Heirs and also That such Moderations and Modifications should be made that no Consiscation that is seisure of the Dutchy of Guyen might happen Knighton says this was only a Truce for Four years and four months as well by Sea as Land Col. 2741. n. 20. The King charged the Commons to give their 2 Ib. n. 17. Advice in this Matter They Answer by a Schedule given in by the Hands of Mr. John Bussy their Speaker wherein the said Articles of Peace between the King and his Adversary of France were read and partly understood by them and they had considered Three Three Points too high for the Commons to give their Advice in Points that were too high for them upon which they dare not Treat or give Advice to wit Homage Liege Soveraignty and Resort yet referring all and giving their Consent for the good of Peace to what the Lords Knights of Honour and the Justices had consented to before so as Homage should be done for and have Relation to the Dutchy of Guyen only and in no wise to the Crown and Kingdom of England What the Articles of this Peace were it doth not appear upon the Parlement Roll. But the next year by Edward Earl of Rutland Thomas Earl Marshall and of Nottingham and Messire William Lescrop Commissioners for the King of England and the Dukes of Berry Burgundy Orleans and Burbon or any other Two or three of them Commissioners for the King of France * The Original in the Chapter House at Westminster there was a Truce general by Sea and Land agreed for 28 years which was to begin at Michaelmass 1398 when the Truce at Leulingham and the prolongations of it were to end During which Truce all taking of Prisoners Goods and Chattels Fortified Towns Fortresses and other Places all Pillagings Robberies Burnings Demolishing Houses and Walls destroying Fruit Trees and others and all other Feats of War tout autre faits de Guerre were to cease between the Kingdoms Lands and Seigneuries on both Parts and between the Kingdoms Lands Seigneuries and Subjects of their Friends Allies Aydants and Adherents whatsoever And that there should be freedom of Intercourse Commerce Trading and Merchandising between the People and Subjects of one Party and the other In this Truce there is not any mention of Homage Liege Soveraignty or Resort The Treaty Agreement and Articles thereof was Ratified by the King of France on the Eleventh of March 1395 and was afterwards Ratified by the King of England and the Ratifications Exchanged in the year 1396 when on the Feast of St. Simon and Jude or 28th of October both Kings at an Interview not far from Calais sware to the performance of them John Duke of 3 Ib. 20 21. The Dukes of Lancaster and Glocester pray Judgment against Sir Tho-Talbtt and others for Conspiring their Deaths Guyen and Lancaster Steward of England and Thomas Duke of Glocester Constable of England Petition the King and Lords for Judgment against Sir Thomas Talbot and others not named for Conspiring their Deaths and raising Force to do it in the County of Chester That they would Declare the Nature of the Offence and ordain Punishment for it The King was informed and advised the Matter contained in the Bill or Petition was open and High Treason and that it touched him and all the Realm and he and all the Lords Judged and Declared it to be so And because the Matter contained in the Bill of Complaint was notorious and open known to the King and Lords and all the States of Parlement and thro' the whole Kingdom and therefore it was ordered and awarded that Writs should issue returnable into the Kings-Bench to take his Body That Proclamation should be made for him to render himself to stand to the Law if not he was to be holden for Convict as attainted of Treason and all who received him were to incur the same Pain and
King in full Parlement holden at York three Weeks after Easter in the 15th Year of Edward II. In which Parlement the Exile and Disherison of both were annulled for these Reasons First They were not Appealed or called to Answer nor due Process made against them according to Law Secondly Because the Prelates who were Peers of the Realm que les Prelatz que estoient Piers du Royalm did not Consent to the Exile and Disherison A dit agard de Disherison Exile ne assenteront point Thirdly Because it was against Magna Charta that any Man should be Exiled or Tryed or otherways Destroyed without Judgment of his Peers This Adnullation was afterwards made void in 1 Edw. III. They pray that Statute may be made void and it was made void and all the Articles and things contained in it for the Reasons abovesaid Et sur ceo le Roy fist examiner diligement les Prelatz Ducs Barons Comunes Summonez a son Parlement what they thought whether the Statute of Edward III. was defeasable Who upon good Deliberation said it was for the Causes before expressed also considering that the Repeal made by King Edward III. was at such time as his Father Edward II. was living being very King and in Prison that he could not resist the same The Record of this matter is long and also the Proceedings against the Spencers in the 14th and 15th of Edward II. and Statute the first of Edward III. are recited which see in those Years On 7 Ibm. n. 67. The Duke of Hereford's Sulmission and Confession to the King on his Knees He begs pardon Thursday the last Day of the Parlement the Duke of Hereford in full Parlement humbly kneeled before the King and said to him My Liege Lord I know well that many Riots Disturbances and evil Deeds have been made and done within your Kingdom to the Offence of you and your Royal Estate in the which I my self was present amongst others not with an ill Intent or Purpose to offend you not knowing then it was any Fault or Offence against you But Sir since I now know well and confess my Offences and evil The King's Mercy and Pardon to him Deeds in so doing I cry you Mercy and beg your Pardon Whereupon the King graciously accepted the humble Prayers and Confession of the Duke and granted him Pardon in full Parlement for what he had done in the things abovesaid and what belonged to him for the same And further the King granted him to be his Good Lord And this he declared to all the Estates in Parlement how he had given him full Pardon for the Matters aforesaid The Commons on the same Day by 8 Ibm. n. 75. The Subsidy of Wooll c. granted to the King for Life with a xth and half and xvth and half Assent of the Lords Spiritual and Temporal granted to the King the Subsidy of Wooll Leather and Woollfells for his Life and one 10th and 15th and half a 10th and 15th Upon which Grants 9 Ibm. n. 76. Out of which the Commons pray the Sufferers of Ratcot-bridge c. may have 3 or 4000 Marks the Commons prayed the King to bestow 3 or 4000 Marks on those that suffered at Ratcot-bridge and to pay the Lords Appellants their Expences And then the same Day follows a 1 Ib. n. 77. Stat. at Large 21 Ric. II. c. 15. A General Pardon General Pardon for all things done before that Day which was Thursday as above the last of January and last Day of Parlement provided that they who rode and gathered themselves forcibly against the King in the 11th Year of his Reign with the Lords then Convict and Judged should have no Benefit of the Pardon if they Sued not forth their Charters between that and Midsummer Upon the Grant of this Pardon 2 Ibm. n. 78. Upon Condition the King by his own Mouth declared That if the Lords and Commons which in time to come shall Sit in Parlement should lett or disturb him in the Collection of the Subsidy of Wooll Leather and Woollfells so granted as above it should be void Also the same 3 Ibm. n. 74. 80. Stat. at Large 21 Ric. II. c. 16. A. D. 1398. Certain Persons appointed to determine all matters undispatched this Parlement Thursday the last Day of the Parlement the Commons prayed the King That whereas they had before them divers Petitions as well for special Persons as others not Read or Answered and also many other Matters and Things had been moved in the Presence of the King which for shortness of time could not well be determined It would please the King que plerroit au Roy c. to commit full Power to certain Lords and others whom he pleased to Examin Answer and Dispatch the Petitions Matters and Things abovesaid and all Dependencies on them To which Prayer the King Assented and thereupon by Authority and Assent of Parlement Ordained and Assigned John Duke of Lancaster Edmond Duke of York Edmond Duke of Albemarl Thomas Duke of Surrey John Duke of Excester John Marquess of Dorset Roger Earl of March John Earl of Salisbury Henry Earl of Northumberland Thomas Earl of Glocester Thomas Earl of Winchester and William Earl of Wiltshire or Six of them John Hussey Henry Green John Russell Henry Chelmswike Robert Tey and John Golofre Knights coming for the Commons of the Kingdom to that Parlement or Three of them shall Examin Answer and fully Determin all the said Petitions and the Contents of them come toutz autre Matiers Choses moevez And all other matters having the whole Power of Parlement deputed to them en Presence du Roy c as all other Matters and Things moved in the Presence of the King and all other Dependencies upon them not Determined as they shall think best by their Good Advice and Discretion in this behalf by Authority of the said Parlement And then it was Dissolved On Wednesday the 30th of January and Day before the Parlement ended the Duke of Hereford accused the Duke of Norfolk of Words c. spoken against the King's Person as will more fully appear in the Pleas of the Crown of this Parlement On the first of August this Year at Nottingham 4 Pleas of the Crown 21 Ric. II. on the Parlement Roll. The Duke of Glocester and Earls of Arundel appealed of Treason before the King sitting with his Crown on in the Great Hall of the Castle there Edward Earl of Rutland Thomas Earl of Kent John Earl of Huntington Thomas Earl of Nottingham John Earl of Somerset John Earl of Salisbury Thomas Lord Despenser and William le Scrop the King's Chamberlain brought a Bill of Appeal of Treason against Thomas Duke of Glocester Richard Earl of Arundel and Thomas Earl of Warwic 5 Ibm. The Bill having been read by Advice of the Lords and those of his Council about the King they had Day given
Royal Power in Prejudice of the King his Royal Estate his Crown and Dignity And that the Charter of Pardon was made in Deceit of the King and expresly against him his Royalty sa Regalie and Dignity wherefore the said Pardon and Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command declared to him the Law and the Punishment he must undergo if he said nothing else and told him if he did not plead further he would be Convict and Attainted of all the Matters objected against him Notwithstanding this and the Repeal of the Charter and Pardon he demanded the Allowance of them The Appellants in their proper Persons prayed the King it would please him to give Judgment upon him as Convict of all His Judgment the Points he was Appealed Whereupon the Duke of Lancaster by Command of the King and all the Lords Temporal and Sir Thomas Percy having Power sufficient from the Prelates and Clergy as appeared by Record in this Parlement Awarded the Earl of Arundel Culpable and Convict of all the Points of which he was appealed and adjudged him Traitor to the King and Realm and that he should be Drawn Hanged Headed and Quartered and because The Aggravation of his Treasons the Treasons were so high as to have surrendred their Homage Liege and Deposed the King and the Levying of War having been so notorious the said Duke of Lancaster by Command of the King the Lords Temporal and Monsieur Thomas Percy having Power as above by Assent of the King Awarded That all the Castles Mannors Lands Tenements Reversions Fees Advousons and every other manner of Inheritance as well in Fee-taile as Fee-simple which were the Earl of Arundel's on the 19th of November in the 10th Year of the King or afterwards and also all the Lands and Tenements of which other Persons were inâ—eoâ—â—ed to his Vse the said 19th of November or afterwards should be forfeit to the King and his Heirs and also all his Goods and Chattels should be forfeited to the King who pardoned the Execution of his Judgment to be Drawn Hanged and Quartered but was Beheaded near the Tower of London on the same Day The King and Lords as well Spiritual and Temporal would not nor was it their Intention that the Lands and Tenements Fees Advowsons Reversions or any other Inheritance the said Earl of Arundel was infeâ—â—ed to the use of another by reason of this Judgment should in any manner be forfeit On the same day the Earl of Arundel was 3 Append. n. 111. brought into Parlement Tryed and Convicted the King directing his Warrant to Thomas Earl Marshall Captain of the Town of Calais and to his A Warrant to the Earl Marshall to bring the Body of the Duke of Glocester into Parlement Lieutenant That he should bring the Body of Thomas Duke of Glocester in his Custody with all speed he could to Answer to divers Articles of Treason in Parlement according to the Law and Custom used in England objected against him by the Appellants and to do further and receive what should be ordered by him and his Council concerning him in Parlement Dated at Westminster the 21st of September in the 21st year of his Reign by the King and Council in Parlement The 4 Ibm. The Earl Marshal returned he was dead Answer of the Earl Marshall was That he could not bring him before the King and his Council in that present Parlement for that he being in his Custody in the King's Prison at Calais died there This Return was made September 24. Upon 5 Pleas of the Crown 21 Ric. II. Reading of this Writ and Return in Parlement the Appellants in their proper Persons prayed the King That the Duke of Glocester might be declared Traytor and Enemy to him as having levied War in the Kingdom against his Person contrary to his Ligeance and that all his Lands Tenements Goods and Chattels as they ought in this Case notwithstanding his Death might be forfeit Whereupon the Commons also of this Parlement prayed the King and Lords That it being notoriously known to the King and all the Estates of the present Parlement and to all the Kingdom that the Duke and others of his Party assembled at Haringay in the County of Middlesex with a great number of People Armed and Arrayed to make War against the King contrary to their Ligeance and came with such Force into the presence of the Person of the King which was to levy War against their Liege Lord That he might be adjudged Traytor and that his Lands Tenements Goods and Chattels might be forfeit notwithstanding his Death as they ought in this Case Upon this all the Lords Temporal and Monsieur Thomas Percy having Power as abovesaid having been fully Examined said That the said Crime and Treason were notoriously known to them and the whole Kingdom wherefore His Judgment all the Lords Temporal and Monsieur Thomas Percy by assent of the King declared him guilty of levying of War and Traytor and adjudged all his Castles Mannors Lands c. which he was possessed of on the 13th of November in the Eleventh year of this Reign as in the Earl of Arundel's Judgment forfeit to the King and his Heirs And that none of his Issue or Heirs of his Body or their Issue or Heirs in time to come should ever bear the Royal Armes of England intire nor with difference ne ove deference or in other manner whatsoever nor should inherit the Crown of England Upon 6 Ibm. the 25th of September the Appellants in full Parlement prayed the King That if there were any thing upon Record whether by Confession of any Person appealed or other Person whatsoever touching their Appeal that it might be openly known and declared in full Parlement Then by Command of the King and Advice of all the Lords Temporal 7 Append. n. 112. The Confession of the Duke of Glocester when Prisoner before Sir William Rickhill a Commission bearing Date the 17th of August this year was read directed to Monsieur William Rickhill one of the Justices of the Common Bench and a Confession made before him by Thomas Duke of Glocester by force of that Commission and the Return of that Commission was then also Read which follows in these Words This is the Answer 8 8 Pleas of the Crown in Parlement 21 of Ric. II. of William Rickhill to the Commission of his Liege Lord. THomas Duke of Glocester be the name of Thomas of Woodstok the zer of the King Richard Twenty one in the Castle of Cales by vertue of a Commission of the King as it is more plainly declared in the same directed to William Rickhill Justice hath * * Declared
of God Amen I Richard by the Grace of God King of England and France and Lord of Ireland do Absolve the Arch-Bishops Bishops and other Prelates whatsoever of Churches Secular or Regular of what Dignity Degree State or Condition they are Dukes Marquesses Earls Barons Vassals Valvassores and my Liege Men whatsoever Ecclesiastick or Secular by whatever Name they are called from the Oath of Fealty and Homage and all others to me made and from all Bond of Ligeance Regality and Government or Command by which they have been or may be bound to me and them their Heirs and Successors for ever from the same Obligations Oaths and other Things whatsoever I free release and quit and make them free absolved and quit as to my Person according to the whole Effect of the Law which may follow from the Premisses or any of them And I do purely freely of my own accord simply and absolutely in the best Manner Way and Form that I can by this Writing Renounce wholly Resign and by Word and Deed put from me and recede for ever from all Royal Dignity and Majesty the Crown and Lordship and the Power of the said Kingdoms and Lordship and other my Dominions and Possessions which may any way belong to me and to all Right Colour of Right and Title Possession and Dominion that I ever had have or may have in the same or any of them also the Government and Administration of the said Kingdoms and Lordship and all mere and mixt Empire in the same and to all Honour and Royalty therein saving to my Successors Kings of England in the Kingdoms Dominions and Premisses for ever their Competent Rights And I do Confess Acknowledge Repute and truly of certain Knowledge Judge my self to be insufficient for the Government of the said Kingdoms and Dominions and for my notorious Demerits not unworthily Deposed And I Swear by these Holy Gospels of God by me Corporally touched That I never will Contravene this Resignation Renunciation Dimission and Cession or will any way oppose them in Word or Deed by my self or others nor will suffer them to be opposed or contravened as much as in me is publickly or privately but the same Renunciation Resignation Dimission and Cession will for ever hold firm and will firmly hold and observe them in the whole and every part as God and his Gospels help me Ego Richardus Rex antedictus propria manu hic me subscribo I King Richard beforesaid write my self with my own Hand And 5 5 Ib. n. 14. presently he added to his Renunciation and Cession That if it was in his Power the Duke of Lancaster should succeed him but seeing it was not he desired the Arch-Bishop of York and Bishop of Hereford who he had appointed to declare his Renunciation and Cession to the States of the Kingdom to intimate his Will and Pleasure to them and as a further Mark of his Intention he pulled his Signet Gold Ring off his own Finger and put it upon the Dukes desiring it might be made known to all the States of the Kingdom On the Morrow 6 6 Ib n. 15. being Tuesday the Feast of St. Hierom the Parlement met in Westminster-Hall where the Arch-Bishop of York and Bishop of Hereford publickly declared the King's Cession and Renunciation with the Subscription of the King's Hand and also the delivery of the Signet to the Duke of Lancaster The Cession and Renunciation was first read in Latin then in English and the States and People there present were asked if for their own Interest and the Profit of the Nation they would admit the Cession and Renunciation they unanimously answered They would admit it After 7 7 Ib. n. 16. which Admission it was publickly proposed That besides that it would be much expedient and advantageous to the Nation and to take away all scruples and sinister suspicions that many Crimes and Defects committed by the said King during the time of his Government for which as confessed in his Cession he might be worthily Deposed might be drawn up in Writing and publickly read and declared to the People The Tenor of all which Articles is such Here the Entry upon the Roll is confused and impertinent and such must be the Translation The Form 8 Ibm. of the Oath which the Kings of England usually take at their Coronation follows which is exacted and received from them by the Arch-Bishop of Canterbury as it is contained in the Pontifical Books of the Arch-Bishops and Bishops Which Oath was received from Richard King of England the Second after the Conquest by the Arch-Bishop of Canterbury and afterwards Repealed as may be found upon Record in the Rolls of Chancery Thou 9 Ib. n. 17. shalt wholly preserve the Peace of the Church and People of God and Concord in God according to thy Power and shall Answer I will preserve them Thou shalt cause to be done in all thy Judgments equal and right Justice and Discretion in Mercy and Truth according to thy Power and shall Answer I will do it Thou dost Grant that just Laws and Customs are to be holden and dost Promise to Protect and Confirm them to the Honour of God which the Communalty have chosen according to your Power and shall Answer I Grant and Promise To these such Questions may be added which are just which the King is to Confirm by his Oath upon the Altar before all Persons The Objections against the King concerning his Deposition do follow FIrst 1 1 Ib. n. 18. It is Objected to King Richard That for his Evil Government by giving the Goods and Possessions of the Crown to Unworthy Persons and indiscreetly dissipating of them and for this cause imposing grievous and intolerable Burthens upon the People and otherwise committing other innumerable Evils Having by his Assent and Command by the whole Parlement chosen and assigned certain Prelates and other Lords Temporal who with all their Power should faithfully labour at their own Costs about the just Government of the Kingdom made a Conventicle of his Accomplices proposing to impeach of High Treason the said Lords Spiritual and Temporal so imployed about the Government of the Kingdom and violently drew the Justices of the Kingdom to Confirm his Wicked Purpose for fear of Death and Torment of Body endeavouring to destroy the said Lords Secondly The same 2 2 Ib. n. 19. King lately at Shrewsbury caused to come before him and others that favoured him in a Chamber many Persons and the greater part of the Justices where by Threats and divers Terrors he induced caused and forced them singly to Answer to certain Questions on his behalf touching the Laws of his Kingdom against their Will and otherwise then they would have answered had they not been forced By Colour of which Answers the same King propounded to have proceeded to the Destruction of Thomas Duke of Glocester the Earls of Arundel and Warwick and other Lords with whom
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
Pleasure being absent and not called to answer without any reasonable Cause confiscating all his Goods against the Laws of the Land and all Justice by which he incurred Perjury Further the King intending to palliate his inconstancy by flattering Words endeavoured to cast the Injury done him upon others Whence the Arch-Bishop having Discourse with the King the Duke of Norfolk other Lords and Great Men lamenting said He was not the first had been Banished nor should be the last for that he thought within a short time the Duke of Norfolk and other Lords would follow him and constantly told the King That the Consequences of the Premisses would fall upon his own Head at last To which the King as if he had been astonished presently answered he thought it might so happen he might be expelled his Kingdom by his Subjects and further said if it should be so he would go to the Place where he was and that the Arch-Bishop might believe him he shewed him a great Jewel of Gold which he would send to him as a Token that he would not defer his coming to the Place where he was And that the same Arch-Bishop might have greater Confidence in him he sent to him advising him That he should privately send all the Jewels belonging to his Chapel to be safely kept lest under the colour of the Judgment of Banishment they might be seised it being so done the King caused the Goods to be put in Coffers which he caused to be Locked and Sealed by one of the Arch-Bishops Clerks by whom he sent the Keys to him and afterwards caused the Coffers to be broken taking the Goods and disposing of them as he pleased The same King also faithfully promised the Arch-Bishop That if he would go to the Port of Hampton in order to go out of the Kingdom that by the Queen's intercession he should be recalled And if it should so happen as he should go out of the Kingdom yet after Easter next coming without fail he should return into England nor should he any way loose his Arch-Bishoprick This he faithfully Promised Swearing to it touching the Cross of Thomas the Martyr Arch-Bishop of Canterbury Which Promises notwithstanding the King caused the Arch-Bishop to go out of the Kingdom and wrote to the Pope for his Translation and thus and otherwise by the Frauds and Cheats of the King was the Arch-Bishop a Man of good Faith craftily Circumvented These were the Thirty three Articles read in the Parlement against King Richard And because it seemed 7 Ib. n. 51. to all the States of the Kingdom it being singly and in common propounded to and asked of them That these Causes of Crimes and Defects were sufficient and notorious to Depose the same King his Confession also and other things considered contained in his Renunciation and Cession all the States aforesaid unanimously consented to proceed to the Deposition of him for the greater Security and Tranquility of the People and Profit of the Kingdom and accordingly appointed certain Commissioners the Bishop of Asaph the Abbat of Glastonbury the Earl of Glocester the Lord Berkeley Thomas Erpyngham and Thomas Grey Knights and William Thirnyng Justice to pronounce Sentence of Deposition against King Richard from all Royal Dignity Majesty and Honour in the Name and by Authority of all the States as in like Cases according to the ancient Custom of the Kingdom had been observed The Commissioners take upon them their Charge and the Commission being drawn up in Writing the Bishop of Asaph read it in these Words In the Name of God Amen 8 Ib. n. 52. We John Bishop of Asaph John Abbat of Glastonbury Thomas Earl of Glocester Thomas Lord Berkeley Thomas de Erpyngham and Thomas Gray Knights and William Thirning Justiciary by the Spiritual and Temporal Peers and Great Men of the Kingdom of England and by the Communities of the same representing all States thereof being specially deputed Commissioners for the things underwritten duely considering the many Perjuries Cruelty and many other Crimes committed by King Richard in the time of his Government and publickly Exhibited and Recited before the States which were so publick notorious manifest and famous as they could no way be denied and also his Confession acknowledging and truely of his own certain knowledge judging himself to have been altogether insufficient for the Government of the Kingdoms and Lordship aforesaid and that for his notorious Demerits he was worthy to be Deposed which things by his own Will and Command were published before the States Having had diligent Deliberation upon these things for the greater Caution to the Government of the Kingdoms and Dominion aforesaid the Rights and Appertinences of the same in the Name and Authority to us committed do Pronounce Decree and Declare that very Richard to be Deposed deservedly from all Royal Dignity and Honour and for the like Caution we Depose him by our Definitive Sentence in this Writing expressly inhibiting all and singular Arch-Bishops Bishops and Prelates Dukes Marquesses Earls Barons Knights Vassals and Valvassors and all other Men and Subjects of the said Kingdoms and Dominion or Places belonging to them for the future to obey the said Richard as King Furthermore the said States 9 Ib. n. 53. desiring there might be nothing wanting which was or might be required in this Matter being severally asked agreed to certain Persons to be their Proctors or Agents named by the Commissioners to go to King Richard to resign their Homage and Fealty had been made to him and give him notice what had been concerning his Deposition and Renunciation And presently it appeared from the 1 Ibm. Premisses and the Occasion thereof That the Kingdom of England was vacant when Henry Duke of Lancaster rising from his Seat and standing so right up as he might sufficiently be seen of the People humbly crossing himself in his Forehead and Breast first calling upon the Name of Christ challenged the Kingdom of England being void with the Crown and all its Members and Appertinences in his Mother Tongue lingua materna in this Form of Words In the Name of Fader 2 Ibm. Son and Holy Ghost I Henry of Lancaster chalenge this Rewme of England and the Croune with all the Membres and the Appurtenances al 's I am descendit by ryght lyne of the Blode coming fro the Gude Lord King Henry therde and throghe that ryght that God of his grace hath sent me with helpe of my Kyn and my Frendes to recover it The which Rewme was in poynt to be ondone for default of Governance and undoying of the gude Lawes After this Claim 3 Ibm. n. 54. as well the Lords Spiritual as Temporal and all States there present were asked one by one what they thought of it who without any difficulty or delay unanimously consented the Duke should Reign over them and immediately so soon as he shew the States of the Kingdom King Richard's Signet which he gave him as
Prisoner Candlemass this year Aelionara Daughter to Simon Montfort who had been Contracted to Lewellin Prince of Wales in her Father's Life-time was sent from France to be Married unto him and taken in the Severn not far from Bristol and imprisoned Nothing of Moment to be found from this time until after Michaelmas following when there was a Parlement 4 Totel's Mag. Charta Printed 1576. p. 39. B. A. D. 1276. The Statute of Bigamy holden in which the Constitutions called the Statute of Bigamie that had been recited in the presence of certain Bishops of England and other of the King's Council at which time all the King's Council as well Justices as others did agree they should be put in Writing and published for perpetual Memory and that they should be firmly observed 5 Ib. in fine Status were confirmed or as 't is said in the Close of this Statute were made The Fifth Constitution or Chapter of this Statute from whence it hath its Name was an Interpretation of the Sixteenth Canon of the Second Council of Lyons holden on the First of May 1274 and the Second of this King under Pope Gregory X. in these Words 6 Labbe Tom. 11. Part. 1. Alteroationis antiquae Dubium presentis Dubitationis Oraculo Decidentes Bigamos omni privilegio Clericali Declaramus nudatos coereitioni fori saecularis addictos consuetudine contraria non obstante Ipsis quoque sub anathemate prohibemus Deferre Tonsuram vel habitum Clericalem That is in determining the old wrangling Question we declare that such as have been twice Married are deprived of all the Privileges of Clercs and left to Secular Jurisdiction or Coertion any Custom to the contrary notwithstanding and we forbid them under a Curse either to be Shaven or wear a Clerc's Habit. Certain Prelates or Ordinaries did take the meaning of this Canon to extend only to such as were Bigami or had been twice Married after the making of it and they claimed such as had been twice Married before that time when they were Arraigned for Felony and required to have them delivered to them as such as ought to have the Benefit of Clergy This Challenge produced the following Interpretation of the Canon concerning 7 Totel's Mag. Charta ut supra p. 40. a. b. The Reason of the Statute Bigamists whom the Pope in his Council of Lyons deprived of all Privilege of Clercs by a Canon therein made seeing certain Prelates demanded such as had been so before that Constitution and were accused of Felony to be delivered unto them as Clercs It is Agreed and Declared before the King and his Council that the Constitution be so understood That those who were Bigamists as well before as after the making of it for the time coming should not be delivered to the Prelates but should have Justice done them as Laymen In this Parlement the Clergy and Laity Granted to the King a Fifteenth of all their Goods but seeing 8 The. Wike's Chron. f. 103. the Pope had ordained in the Council of Lyons That the Tenth of all Ecclesiastic Revenues should be paid to the support of the Holy Land and that the Clergy had courteously given him and his Brother Two years Tenths since his Father's Death he urged them not to pay this Fifteenth but Treated with the Bishops and greatest of them for a Voluntary Contribution as they should think fit What this Contribution or Aid was 't is not said but it was not to be drawn into Example or Custom as appears by the King's Protestation in his Letters Rex omnibus c. salutem 9 Pat. 4. Ed. I. M. 6. A. D. 1276. Licet Comites Barones ac alii Magnates Communitas regni nostri Quintam-decimam Omnium Bonorum suorum etiam Venerabilis pater R. Cantnar Archiepiscopus sui Suffraganei propter urgentia negotia nostra subsidium de Bonis suis nobis spontè gratiose concesserunt c. That is the King to all c. Greeting Whereas the Earls Barons other great Men and the Community of our Kingdom Granted us a Fifteenth of all their Goods and the Venerable Father the Archbishop of Canterbury and his Suffragans for our urgent Occasions on their own free Will and Courtesie granted us an Aid of their Goods We by these our Letters do Protest That this Gift proceeded only from their free Good Will and not in the Name of a Fifteenth and that it shall not be urged as an Example or as a Due or Drawn into Custom by us or our Heirs Witness the King at Westminster the First of November Leolin Prince of Wales was 1 Mat. West f. 408. n. 10. Leolin Prince of Wales refuseth to come to the Parlement at Westminster called to this Parlement as he had been to others but would not appear yet sent Meslengers that he might have Peace and for the Daughter of the Earl of Leicester whom he intended to Marry and to obtain this offered a great Sum of Money Which the King Refused neither would he Consent to the Matrimony unless he would Restore the Lands which he had seised and invaded in the Marches to the just Proprietors and Repair the Castles in England which he had destroyed But the Prince not Complying with these Terms he sent Forces to secure the Marches and English Borders from the Irruptions Rapin and Devastations of the Welsh which proved not sufficient to restrain them they still continuing their Invasions and Depredations upon the English And therefore the King in the Fifth year of his Reign issued out his Writs to all the Noblemen and others that held of him by Military Service dated at 2 Ro◠Scut◠Ed. I. M. 8. A. D. 1277. Windsor December the 12th for the Summoning his Army to meet at Worcester 8 days after St. John Baptist next coming which were to this Effect Whereas 3 Ibm. The King summons his Army against him Lewelin the Son of Griffin Prince of Wales and his Complices our Rebels have invaded our Lands and the Lands of our Subjects in the Marches and do daily invade them and commit Murders and other Wickednesses and the same Lewelin refuseth to obey us as he ought to the great Prejudice and Contempt of us and to the manifest Disinheritance and great Damage of you the Person to whom the Writ was directed and other of our Subjects for which we have now cansed our Army Exercitum Nostrum to be summoned A. D. 1278. that it be at Worcester Eight days after St. John Baptist to Repress the Rebellion of the said Lewelin and his Assistants We Command you to be ready with your Horses and Arms and with your Service due to us to go with us from thence against the foresaid Lewelin c. With this Army the King marched from 4 The. Wikes Chron. f 105. Flint and Rethelan Castles built Chester towards Wales in his way there was a great Wood and so thick as
his Army could not pass it part of which was cut down and a very large and wide Way made into Lewelin's Country where he Built the two Castles of Flint and Rothelan seised the Welshmen's Lands and Goods and wasted their Country drave them into their usual place of Retreat the Mountains of Snowdon and with the assistance of the Men of the Five Ports took the Anglesey taken Isle of Anglesey The Prince of Wales finding himself not able to resist the Force of the English desired Peace which was 5 Walsingham f. 48. n. 10 20. Granted unto him upon the following Articles 1. That all English Prisoners should be Released freely without Peace granted to the Prince of Wales and the Articles claiming any thing from them 2. That for this Peace and the King 's Good Will he should pay at the King's pleasure 50000 l. Sterling 3. That Four Cantreds and all the Lands Conquered by the English except Anglesey should be and remain to the King and his Heirs for ever And for Anglesey the Prince was to pay to the King 1000 Marks every year The first Payment to begin at Michaelmass then at hand and for his Ingress or Entry upon it 5000 Marks and if the Prince died without Heirs the King to have the Possession of it 4. That he should come into England to the King at Christmass to do his Homage 5. That all the Homages in Wales should be to the King except of Five Barons that lived in the Confines of Snowdon because he could not be called Prince unless he had some Barons under him for his Life but after his Death the Homages of those Five Barons should remain to the King and his Heirs for ever For the Security and Observation of these Articles he delivered to the King 6 Ibm. Security for the performance of Articles Ten Hostages of the best Persons in Wales without being restrained or disinherited And the best Men of every Cantred and of Snowdon by Consent of the Prince were to Swear upon the Holy Reliques That whensoever the Prince broke any of these Articles unless upon Admonition he corrected himself they would Estrange themselves abalienarent se ab eo and become his Enemies in all things they could Also besides these things 7 Ibm. he was to satisfie his Brothers for the Injuries he had done them they were Three Owen and Roderic whom he had put into Prison and David whom he had forced to fly into England The Laity as an Aid towards this War 8 Ibm. n. 20 30. gave the King the 20th part of their Goods If the Reader desires to be better informed or to see this Welsh Affair in a clearer light let him look back into the Life of Hen. III. fol. 578 579 580. and fol. 663. D. E. F. c. Upon this Peace 9 Ibm. n. 30. Leolin Marries the Daughter of Simon Montfort Eleanor the Daughter of Simon Montfort was given in Marriage to Lewelin by the King whose Prisoner she had been The Solemnity was performed at his Charge and He with his Queen was present at it About this time 1 Ibm. n. 40. A. D. 1279. The Earldom of Pontieu the Inheritance of the Queen of England the Countess of Pontieu the Queen's Mother died who had been Queen of Castile whose Inheritance the Earldom of Pontieu descended to her Daughter with whom the King passed the Seas about the Feast of Ascension and was Honourably Received by his Cousin Philip King of France and the most Powerful of his Kingdom at Amiens 2 Alezer f. 319. A. D. 1279. The King and Queen do Homage for several Countreys in France The King gives up his Right in Normandy who there received the Homages of the King and Queen of England for the Countries of Agenois Limosin Perigord Xantoigne in Aquitan and the Earldom of Pontieu in Picardy and other Lands and delivered unto them the Perpetual Possession of them For this King Edward gave up all his Right in the Dutchy of Normandy only reserving 30 Livers of Paris to be paid Annually out of the Exchequer It was in this year that so great a number of Jews were Hanged and Fined for Clipping and Falsifying the King's Coin as appears by some Writs about this Matter tho' the Story is placed by Math. Westminster in the year before He says 3 F. 409. n. 20. Jews Hanged for Clipping and Counterfeiting the King 's Coyn. in the Month of November all the Jews in England were taken and imprisoned in one day for Clipping and Counterfeiting the King's Money who accused many Christians as guilty of the same Crime They were Legally Tried and Convicted before Special Justices appointed for this Service viz. Walter Heliun and John Cobham as the Writs inform us as Pat. Roll. 7. Ed. 1. M. 1. de domibus A. D. 1279. Judaeorum suspensorum vendendis for the Sale of the Jews Houses that were Hanged as Escheated and Pat. 7. Ed. 1. M. 11. de potestate vendendi Domus Redditus Judaeorum Dampnatorum Power given to sell the Houses and Rents of the Condemned Jews Also Pat. 7. Ed. 1. M. 1. de finibus a Judaeis recipiendis for the Receiving Fines of the Jews such as Compounded for their Felonies and Faults 4 Ibm. There were no less then 280 of both Sexes Hanged in London and in other Cities of England Maxima multitudo a very great number besides such as were Fined The Friers Preachers in England who desired to Preach to the Preachers to Convert the Jews Obstinate Jews thereby to Convert them to the Christian Faith and turn them from their Wicked Practices and Unbelief applying themselves to the King obtained a 5 Pat 8. Ed. I. M. 27. A. D. 1280. Writ to all Sheriffs Bayliffs and other Liege People to admonish and induce the Jews in all Places to come and hear their Preaching without Blasphemy or Disturbance at such times as the Friers Preachers should direct The Title of the Writ in the Margin of the Roll De praedicando Judaeis about Preaching to the Jews And to promote their Conversion and for their Support when Converted 6 Ibm. Part. 1. M. 15. Dors orintus Maintenance granted to the Converted Jews the King granted that toward their Maintenance they should have half the forfeited Estates of the Jews distributed for their Maintenance and the other half should go to the House of Converts now the Rolls in Chancery-Lane London for the Support of Converts there and further that the Moiety of the forfeited Estates of the Jews and all Deodands be distributed in Alms according to the Patent pro sustentatione Judaeorum Conversorum for the Sustentation of the Converted Jews Yet for all this Incouragement the Preachers made no Work of They remain obstinate and unconverted it the Jews remained so still they were the same Vsurers and Brokers accounted then Wicked People as before and the same Infidels Only some Poor
Reign The Welsh affrighted at the Death of their Prince 2 Mat. Westm fol. 411. n. 20. The Welsh deliver up their Castles in Snowdon delivered all their Castles in Snowdon and the very middle of Wales and the Clergy and Laity Clerus Populus granted first a Fifteenth and afterwards a Thirtieth part of all their Goods to the King for an Ayd David the Brother of Lewelin 3 Ibm. And Walsingham f. 51. n. 20 30. f. 52. lin 6. A. D. 1284. David Prince Lewelin's Brother Judicially Condemned c. Wales wholly subdued was taken by the King's Spies and such as he had appointed for that Business who refused to see him when brought to Rothelan Castle altho with great importunity he desired to be brought before him was sent to Shrewsbury and there Judicially Condemned Hanged Drawn and Quartered From this time Wales became Subject to England received it's Laws and the King placed his Sheriffs in it King Edward having undertaken the Croysado for the Holy-Land and by reason of these Welsh Wars and other things he was about to settle in his own Kingdom not being able in his own Person to perform it intended his Brother Edmund Earl of Cornwall for that Service and there being Six years Tenths Six years Tenths granted for the Aid of the Holy Land Collected from the Clergy according to the Canon and Grant of the Second Council of Lions laid up and secured in several Monasteries and other Places for Aid of the Holy Land Pope Martin the Fourth sent Two Preaching Friers into England for the Exportation and Return of this Money by his Agents and Forreign Merchants issued the following Writ to hinder it The King to Edmund Earl of Cornwall Greeting 4 Append. n. 8. The King forbids the Carrying of Money out of the Land to the Pope who sent for it Because for certain Causes we will not that the Six years Tenths Granted by the Clergy of Our Kingdom for the Aid of the Holy Land and now Collected be carried out of the Kingdom We Command that you cause to come before you all the Merchants of London as well those of Companies as others and Injoin and Inhibit them on Our behalf under the Peril of Losing Life Member and all their Goods that they no manner of ways Carry Cause or Permit to be Carried the Money arising from the said Tenths out of the Kingdom and if you find any Merchants or others doing so That you cause them and the Money to be Arrested and safely kept until you receive other Commands from Vs Witness the King at Hertlebury the 24th of May in the 10th of Our Reign The like Command was to the Major and Sheriffs of London and to Stephen Pencestre Warden of the Five Ports And he did not only Issue this Prohibition but sent Commissioners to the Places where it was laid up to see how much there was and to order the safe keeping of it for the right Use 5 Cl. 11 Ed. I. M. 7. Dors de Decima The Priors of Ely and Norwich refused to let the King's Officers see or secure the Money in their Monasteries whereupon he commanded 6 Ibm. the Sheriffs of Norfolk and Cambridgeshire to cause them with 3 or 4 of their Discreet Monks to come to him wherever he was to answer the Contempt Witness the King at Aberconwey in Snowdon the 15th day of June The Two Friers viz. Garnerius and Ramerius de Florentia ordinis Praedicatorum that brought the Pope's Orders for the Return or Transportation of these Tenths brought also his 7 Claus 10. Ed. I. M. 5. Dors litera directa Papae de cruce assumenda The Pope writes to the King about his Voyage to the Holy Land Letters to the King for the taking upon him the Cross and assigning the time of the General Passage of the Christians of all Nations into the Holy Land They pressed the King for an Answer who commended their Prudence very much to the Pope and only wrote back by them That his Holiness should receive Answer by Messengers of his own from Chester the 10th of June By these Messengers 8 Claus 11. of Ed. I. M. 7. Dors Bulla directa Regis super Decima The King sends Answer by his own Messengers who were Robert Dean of York and John Clazel his Chaplain as we are informed by the Pope's Bull to the King about this Matter he desired That the Tenths that were gathered in his Kingdom might be assigned to his Brother Edmund Earl of Campaign and Britany as the Pope there stiles him who was ready to undertake the Cross for the Succour of the Holy Land at the time of the General Passage But the Pope excusing the Delay of his Return to his Petition 9 Ibm. refused to Grant his Request and giving both him and his Brother great Encomiums and many fine Words earnestly moved him to go in his own Person as was expected for the Glory of GOD and his Own Honour This Bull is Dated apud Vrbem Veterem now Orvieto on the 8th of January in the Second year of his Popedom 1283. After this according to the 1 Registrum Peccham f. 66. The King and Pope disagree about the Tenths and Business of the Holy Land Relation in the Pope's Letter or Bull directed to John Peccham Archbishop of Canterbury recited in his Answer to it directed to the Pope The King is Charged with Breaking open the Locks and Seals of the Places where this Money was kept and removing of it whither he pleased to the great Offence of the Divine Majesty and much Contempt of the Apostolick See whereas he ought not to have done it without his License having sent as 't is there said frivolous Letters for his Excuse In which Bull or Letter he Commands him by virtue of his Obedience to go to the King and admonish The Pope sends the Arch. Bishop to Admonish the King and induce him on his behalf ex parte nostra moneas inducas to restore and send the Money back from whence it was taken without any defalcation within the space of a Month and to tell him he would not nor ought to suffer the Holy Land to sustain such a great Loss and that unless he complied with the Admonition he would proceed against him and the Nation according to the Quality of the Fact and as he should think fit Enjoining the Arch-Bishop to give him an Account what he did in this Affair and what the King's Answer was Dated at the same Place as before the 5th of July in the Third year of his Pontificate The Arch-Bishop's Return 2 Ibm. The Arch-Bishop's Account to the Pope concerning the King and the Tenths granted for the Holy Land to the Pope was this Huic igitur Sanctitatis vestrae Mandato vires vota subjiciens reverenter c. In Obedience to your Holiness's Commands I went immediately to the King in the Marches of Wales and
proceed in this Match the Popes 2 Pat. 17. Ed. I. M. 3. Cedula intus de facto Norwegiae Dispensation was procured they being Cousin Germans to legitimate the Marriage This obtained King Edward writes to Eric King of Norwey 3 Ib. M. 4. Cedula about this Affair assuring him That the Guardians the Great Men Prelates and the whole Community of the Kingdom of Scotland had unanimously consented to it And the King of Norwey 4 Ib. M. 3. 4. A Treaty about that Match wrote to King Edward and sent Commissioners there named to Transact with him That by his Advice and Assistance his Niece might be obeyed as Queen and Heir of Scotland and that she might Govern as Kings do in other Kingdoms Vt ipse apponeret auxilium consilium qualiter praedictae Reginae nepti suae obediretur ut Domina Regina haeres Regni Scotiae quod ipsa inde Ordinare possit pariter Gaudere prout aliis faciunt Reges Regnis 5 Ibm. King Edward wrote also to the Guardians of Scotland to send Commissioners to Treat with those of Norwey about the Emendation Peace and Quiet of that Kingdom and ordering the State of the Queen reformatione Status Reginae who sent them accordingly with whom he joined Commissioners of his own All these Commissioners named in this Instrument met at Salisbury on the 26th of October where and when it was agreed First That the Queen and Heir 6 Ibm. The Articles of that Treaty Regina Haeres should come into England or Scotland before the Feast of All-Saints next coming if she had no reasonable Excuse free from any Contract of Marriage or Espousals for which the Commissioners of Norwey did undertake Secondly That if she came so into England King Edward promised That when Scotland was so secured in Peace and Quiet as she might safely go thither and stay there if the Scots required he would send her thither free from all Contracts of Marriage and Espousals so as the Scots before they should receive her gave good Security to him and the King of Norwey they would not Marry her without their Consents Thirdly The Scots Commissioners likewise promised for themselves and the Nation they would secure it before she came thither 7 Ibm. Quod inibi ut in suum Regnum venire poterit pro suae voluntatis libito Commorari prout ipsius Terrae vera Domina Regina Heares Quodque de premissis omnes securitates praestabunt quae rationabiles fuerint quas dicti Duntii Norwegiae ipsos facere posse dicunt That she might come and remain there at her pleasure as true Lady Queen and Heir and that concerning the Premisses they would give all Rational Security that the Commissioners of Norwey should say they might give Fourthly If any of the Guardians or Officers of Scotland were suspected they should be Removed 8 Ibm. and new ones put in their Places by the Commissioners of Norwey and Scotland and such as the King of England should appoint for that purpose and if the Scots and Norwegians could not agree in this Matter then the English Commissioners were to determine what was to be done and not only in this but in all Matters whatsoever that should happen in settling the State and Reformation of Scotland For the performance of all this it was 9 Ibm. agreed there should be a great Meeting of the English and Scots at and near Rokesburgh at Midlent next following where the Scots were to give Security for the Performance of these things and for the Emendation of Scotland before such as the King of England sent thither 1 Ibm. To this Agreement in Three Parts Two in French for the English and Scots and a Third in Latin for the Commissioners of Norwey The Respective Commissioners set to their Seals and it was Dated at Salisbury on Sunday the Feast of St. Leonard i. e. November 6. 1289. By his Letters 2 Append. n. 9. King Edward writes to the Nobility of Scotland to assist the Guardians dated the same day at Clarendon directed to the Prelates Great Men and the whole Community of Scotland King Edward Requires them to obey and be assisting to the Guardians who were appointed in the Name of his Kinswoman Queen Margaret to Govern that Kingdom This securing Scotland to the Right Heir and making it in so quiet a Condition as it might receive her with safety and providing her an Husband was the ordering of the State of the The meaning of Buchanan's King-Creation Kingdom and King-Creation as Buchanan artificially insinuates in his Republican Expressions For further facilitating of this intended Marriage and that it might proceed with the Assent and Approbation of the Guardians Bishops Abbats Earls Barons and whole Community of Scotland King Edward 3 Pat. 18 Ed. I. M. 8 9. A. D. 1290. confirmed to them certain Articles agreed on by special Commissioners on both Parts The English Commissioners on behalf of the King and his Heirs Granted First That they should Have Vse and Enjoy their Laws Liberties Concessions of King Edward for promoting the Match between his Son and the Heiress of Scotland and Customs they had before Enjoyed Secondly That if Edward and Margaret should die without Heirs the Crown should Revert to the next Heir of the Kingdom Thirdly That the Kingdom of Scotland might remain separated divided and free in it self from the Kingdom of England without subjection by its true Bounds and Limits as it had been before time This was Granted with a saving of the King 's Right before this Treaty Fourthly That the Chapters of Cathedral Collegiate or Conventual Churches might not be compelled to go out of the Kingdom to ask Leave to Elect or Present their Elects or to do Fealty to the King of Scotland nor any Tenents in Capite or other Persons forced out of the Kingdom to do their Homage Fealty and Services or prosecute any Suits or other things which were used to be done there but that they might be done in their usual Places before the Chancellor of Scotland or Vice-Roy Fifthly That the Parlements for what concerned Scotland might be holden within that Kingdom The King was to 4 Ibm. Swear to the Observation of these Things And the Commmissioners promised further That he should oblige himself and Heirs to make Restitution of the Kingdom in the Case aforesaid in 100000 l. Sterl to be paid to the Church of Rome in Aid of the Holy Land and That he should Consent the Pope might constrain him and his Heirs by Excommunicating them and interdicting the Kingdom as well to the Restitution as Payment of the Money if he did not It was lastly 5 Ibm. Agreed and Promised by the English Commissioners That King Edward at his own Charges should procure the Pope to confirm these Articles within a year after the Marriage of Edward and Margaret and that
in been the time of his Progenitors And also That Alexander his Son upon the Marriage of Henry the Third's Daughter did his Homage to him as his Liege-Lord for the Lands he held of him in England but being demanded to do the like for the Kingdom of Scotland and acknowledge his Superiority according to the Practice of his Predecessors Modestly 8 Mat. Paris f. 829. N. 50. refused it and was not earnestly urged to do it lest it might disturb the Jollity of the Marriage Entertainment After the King's Title to the Dominion of Scotland had been Declared and Published on the 9 â—ot de Superioritate Regis Angliae c. Second of June the Bishops and other Ecclesiastick Prelates together with the Earls Barons and other Nobles of the Community of the said Kingdom of Scotland met right against Norham Castle where King Edward then was in a Green Plain on the other side of the River Tweed as also the Noble Men that claimed the Kingdom 1 The Scots Nobility meet about King Edward's Title Congregatis Ex opposito castri de Norham ex alia parte fluminis de Tweda in quadam area viridi Episcopis Prelatisque aliis Ecclesiasticis Regni Scotiae unà cum Comitibus Baronibus aliisque Nobilibus de Communicate dicti Regni Necnon Nobilibus Uiris Jus ad dictum Regnum vendicantibus c. The Bishop of Bath and Wells was sent to Demand in the King's Name What they had done since the last Meeting 2 Ibm. and whether they would Say Exhibit Propound or shew any thing that could or ought to exclude the King of England from the Right and Exercise of the Superiority and direct Dominion of the Kingdom of Scotland and They do not say or produce any thing against it that they would Produce and Exhibit it if they believed it Expedient for them si sibi crederent Expedire protesting in the Name of the King of England he would favourably hear them and allow what was Just or Report what they said to him and his Council That upon Deliberation they might do what Justice required They tho' often required answered Nothing propounded or exhibited Nothing wherefore the Bishop recapitulating what had been said and urged for the King's Title and what had been done in these several Meetings in which they offered He resolves to proceed in Hearing and Deciding the Titles of the Competitors to the Crown nothing against it declared to them the King would make use of his Right of Superiority and direct Dominion in Scotland in Deciding the Controversie between the several Competitors for that Kingdom which according to the Notary's Form and Method is thus tediously Expressed 3 Ibm. Idcirco vobis omnibus singulis tam Episcopis Prelatisque aliis Ecclesiasticis quam Comitibus Baronibus Nobilibus Magnatibus aliis de Communitate dicti Regni Scotiae hic Congregatis Idem Dominus noster Rex Angliae per nos Robertum Bathoniensem Wellensem Episcopum insinuat Denuntiat Quod cum ex parte vestra per vos vestrum aliquem nihil sit propositum exhibitum vel oftensum quod jus Executionem seu Exercitium juris sui hujusmodi Superioritatis Directi sui Dominii praedicti debeat aliqualiter impedire Intentionis suae est Jure suo praedicto uti in ipso negotio inter contendentes de Jure Successionis Regni Scotiae procedere Then beginning with Robert de Brus Lord of Anandale and one All the Competitors acknowledge Edward I. to have the Superiority and direct Dominion over the Kingdom of Scotland and that they would receive Justice from him of those that Claimed the Right of Succession to the Kingdom of Scotland he ask'd him in the Presence of all the Bishops Prelates Earls Barons c. Whether in Demanding the said Right he would Demand Answer and Receive Justice before the King of England as Superior and Direct Lord of the Kingdom of Scotland who presently publickly openly and expresly in the Presence of all and every one of them and the Publick Notary no body Contradicting or Gainsaying answered That he did acknowlege the King of England Superior and Direct Lord of the Kingdom of Scotland and that he would from and before him as his Superior and Direct Lord of the Kingdom of Scotland Demand Answer and receive Justice 4 Ibm. Idcirco ex parte dicti Domini Regis Angliae de ipsius mandato speciali incipiendo a vobis Domino Roberto de Brus Domino Vallis Anandiae c. interrogando quaerimus hic in praesentia istorum Praelatorum Comitum Baronum aliorum Nobilium utriusque Regni hic Existentium an super Petitione Juris vobis Competentis ad dictum Regnum velitis coram ipso Rege Angliae utpote Superiori Domino vestro Regni Scotiae stare juri ab eo petere Respondere Recipere Justiciae Complementum Qui statim publice palam Expresse in praesentia omnium singulorum ibidem praesentium mei Notarii infra scripti respondens dixit Quod Dominum Regem Angliae recognovit Superiorem Directum Dominum dicti Regni Scotiae concessit se velle c. ab ipso coram ipso utpote Superiori Directo Domino suo Regni Scotiae Petere Respondere Recipere Justiciae Complementum All the other Competitors there present viz. 5 Ibm. The Competitors who they were Florence Earl of Holland Lord John Hastings Patrick of Dunbar Earl of March William Vescy William de Ros Robert de Pinkney and Nicolas de Soules had the same Question put to them and made the same Answer John Baliol was absent and upon his 6 Ibm. John Baliol submitted as the other Competitors Procter's Request the Meeting was continued untill the next Day the Third of June to be in the Parish Church of Norham When he gave the same Answer to the same Questions And they did not only make this Recognition publickly in this great Assembly but they made the following Letters-Patents thereof to the King 7 Append. N. 11. The Instrument by which the Competitors made their Submission To all those that shall see or hear this Letter Florence Earl of Holland Robert de Brus Lord of Anandale John Baliol Lord of Galloway John Hastings Lord of Abergavenny John Comyn Lord of Badenaugh Patrick de Dunbar Earl of March John Vescy for his Father Nicholas de Soules and William de Ros Greeting in the Lord Whereas we intend to pursue our Right to the Kingdom of Scotland and to Declare Challenge and Averr the same before him that hath most Power Jurisdiction and Reason to Try it and the Noble Prince Edward by the Grace of God King of England having informed us by Good and sufficient Reasons That to him belongs the Sovereign Seigneurie of the Kingdom of Scotland and the Cognizance of Hearing Trying and Determining our Right We of
our own Good Will without all manner of Force do Grant to Receive right from him as Sovereign Lord of the Land and we Will also and Promise That we will have and hold firm and stable his Act and he shall Enjoy the Realm to whom it shall be adjudged before him In Witness whereof we have set our Seals to this Writing Made and Granted at Norham the Tuesday after the Ascension in the Year of Grace 1291. This done 8 Rot. de Superioritate Regis Angliae in Regno Scotiae ut Supra The Rights of the Pretenders to the Crown of Scotland how to be tryed The King and his Council treated with the Prelates Noblemen and Competitors for the Crown of Scotland how this Business might be best proceeded in and also the Reformation of the State of the Nation It was agreed by the Vnanimous Consent of the Noblemen and Prelates of both Nations Nemine Contradicente That John Baliol and John Comyn should chuse Forty Persons and Robert de Brus should chuse other Forty fit Persons whose Names should be delivered to the King three Days after viz. on the Fifth of June to whom he was to add Twenty Four or more or less who should Hear and Discuss the Rights of all the Pretenders to make a Faithful Report thereof to him That he might give the Definitive Sentence All this was done on the Second and Third of June but because by the Letters-Patents of Recognition or Instrument above he had not sufficient Power to put in Execution his Sentence to whomsoever the Kingdom should be adjudged unless he were in actual Possession thereof 9 Ibm. The Competitors came before him on the 4th of June and very many of the Bishops Earls Barons Knights and Noblemen of both the Kingdoms when he had Possession given him of the Kingdom and Castles of Scotland by the Competitors with the Consent of the Community of the same Kingdom Nemine Contradicente according to the following Instrument or Writing To all those who shall see or hear this present Letter 1 Ibm. The King had the Possession of Scotland given him in order to the Declaring who had most Right and putting him in Possession We Florence Earl of Holland c. as before Greeting in GOD Whereas we have Given and Granted with one assent of our own Good Will without Force to the Noble Lord Edward King of England That he as Sovereign Lord of the Land of Scotland should Judge Try and Determine the Claims and Demands we intend to propound and aver for our Right in the Kingdom of Scotland and to Receive Right before him as Sovereign Lord of the Land promising to have and hold his Act firm and stable and that he should Enjoy the Kingdom to whom he should give it But for that the said King of England cannot make any manner of Cognisance or accomplish his Judgment nor put his Judgment in Execution nor the Execution take Effect without the Possesssion or Seisin of the same Land or the Castles thereof we Will Grant and Assent That he as Sovereign Lord to perform the Things aforesaid shall have Seisin of all the Land and Castles in Scotland until Right be done to the Demandants upon Condition That before he be put in Possession he shall give sufficient Security to the Demandants to the Guardians and Community of the Kingdom of Scotland to Restore it and the Castles with all the Royalty Dignity Seignories Franchises Customs Rights Laws Vsages and Possessions and all manner of Appurtenances in the same State and Condition they were when he received them saving to the King of England the Homage of Him that shall be King So as they may be Restored within two Months after the Day the Right shall be Determined and Affirmed and that the Profits of the Nation which shall be Received in the mean time may be kept in the Hands of the Chamberlain of Scotland that now is and one to be joined with him by the King of England so as the Charge of the Government Castles and Officers of the Realm might be deducted In Witness whereof we have set our Seals to this Writing Made and Granted at Norham on Wednesday after Ascension in the Year of Grace 1291. On the Fifth of June 2 Ibm. The Names of the Examiners of the Titles of the Competitors delivered to the King the Names of the Eighty elected to Examine Hear and Report the Rights of the Competitors were delivered to the King on the Sixth they were ordered to appoint the Place and Day for their Examination and Hearing the Petitions of the Demandants Petitiones Petentium and Discussing their Right 3 Ibm. Berwick the Place of Meeting for that Purpose Berwick upon Tweed was appointed for the Place which the King accepted but not agreeing on the Time the King as Superior and Direct Lord of the Kingdom by the Unanimous Consent of the Prelates and Noblemen of both Kingdoms there present appointed the Second of August a Peremptory Day for the Competitors to propound their Titles On the 11th of June 4 Ibm. The Guardians of Scotland deliver their Guardianships to the King c. the Bishops of St. Andrews and Glasco John Comyn Lord of Badenaugh and James Seneschal or Stewart of Scotland the then Guardians of the Kingdom and all the Castellans or Constables of Castles delivered up their Guardianships and Bayliwicks to the King as Superior Lord Suas Custodias Bâ—llivas Domino Regi c. reddiderunt and when he had received them he committed the Guardianship of the Kingdom to the He makes the same Persons Guardians same Persons to Govern it under him and in his Name 5 Ibm. and presently the Bishops and Noblemen of Scotland by the King's Command chose Alan Bishop of Cathnes their Chancellor and presented him to the King who allowed him and adjoined Walter of Agmundesham his Clerk to him as an Associate and on the next day they were both Sworn These things done 6 Ibm. Fealty Sworn by the Guardians and Pretenders to the Crown the Guardians and Pretenders to the Crown and all and singular the Bishops and other Ecclesiastick Prelates Earls Barons Great Men and the Communities of Cities and Burghs there present that were bound to do and Swear Fealty to the King had notice to do it on the Morrow to the King of England as Superior and Direct Lord of Scotland in the same place where they were then assembled in the Green Plain beyond the River Twede in the Bounds of Scotland 7 Ibm. which was done and Sworn accordingly and then the King caused his Peace to be proclaimed publickly From this 13th of June to the 3d or 4th of August all the Bishops Earls Barons Noblemen And whole Kingdom of Scotland Free-Tenents or Tenents in Military Service Communities and all others that were bound to do and Swear Fealty to the King of Scotland Qui fidelitatem Domino Regi Scotiae
facere tenebantur were to save Expences and Labour Sworn by Commissioners in all parts of the Kingdom and a very great number of their Names Recorded in this Roll and in every place when they had Sworn the King's Peace or Pardon was proclaimed The Form for taking the Oaths and Fealties of Absents was made by the Agreement and Express Consent of all the Bishops Earls Barons and other Noblemen of Scotland there present While the King was thus employed in Deciding this Controversy his Mother Queen 8 Walsingh f. 57 n. 40. Queen Elianor Queen Edward's Mother dies Elienor died about Midsummer and he returned into England to see her Interred and the Funeral solemnized with all due Honour When that was over he returned toward Scotland And was at Berwick 9 Rot. superitatis Regis Angliae c. ut supra The Competitors appear before the King on the 3d of August which day being continued with the day preceding according to his Assignation the Competitors appeared before him and his Council in the Assembly of the Prelates and Noblemen of both Nations and with them the Twenty four English Auditors and Examiners of their Titles chosen by the King and the Fourscore chosen by Robert de Brus and John Baliol and such others as would Consent to the Election made by them to Discuss their particular Rights and make Report thereof to the King There appeared no less then Twelve Demandants that put in their Pleas for the Crown of Scotland all entred in this Roll and Petitioned to have the Kingdom delivered to them besides the King of Norwey who by his Proctors and Messengers demanded it as Heir to his Daughter Margaret 1 Ibm. The Twelve Competitors Names The others were Florence Earl of Holland Patrick de Dunbar Earl of March William de Vescy William de Ros Robert de Pinkny Nicholas de Soules Patrick Galightly Roger de Mundevill John Comyn John de Hastings John de Balioli and Robert de Brus. The Petitions 2 Ibm. The Competitors Petitions with their Reasons Reported to the King with the Reasons of their Claims having been propounded and shewn to the Auditors they Reported them to the King before the Prelates and Noblemen of both Kingdoms in the presence of all and every of the Demandants and of the Publick Notary The King assigned them by their own Consent Monday next after the Feast of the Holy Trinity which would be on the Second day of June in the year 1292 for the further Proceeding in this Controversy The King 3 Ibm. being that day at Berwick upon Twede and the Prelates and Noblemen of both Kingdoms there assembled with the Auditors that had been Elected and those appointed by the King to discuss and hear the Rights of the Parties claiming after an Attentive Hearing came to the King and related what had been done who with the Prelates and Noblemen of both Kingdoms strictly Examined them and For that he found there would be great delay and much time spent to the peril and danger of the Kingdom it was ordered by the Express Consent of all Pretenders and by the Assent of Prelates and Noblemen aforesaid That the Rights and Titles of Robert de Brue and John Baliol should Robert de Brus and John Baliol's Titles to be first Discussed be first Examined and Discussed and that afterwards all others might prosecute their Claims if they thought fit The King 4 Ibm. The Eighty Auditors Sworn to Advise the King how to proceed in this Judgment tho he might have Judged the Case without them as Superior Lord of Scotland yet that he might do it with more Security and Prudence he caused the Eighty Auditors to take an Oath that they would advise him how and by what Laws and Customs he was to proceed to Judgment in this Case These Eighty pretended great Difficulties and desired the Twenty four English the King had appointed might be added to them These Twenty four pretended as great or greater Difficulties and therefore I dare not undertake the Charge or Consult upon the Business before them without the Advice of the Prelates Noble Great They desire the Advice of the Prelates and Noblemen of England and Wise-men of England that were absent wherefore by the unanimous Assent of all present the King assigned the Morrow of the Feast of the Translation of St. Edward the Confessor that is the 14th of October for the further Proceeding in this Business in his Parlement in the same place in Parliamento suo loco eodem At 5 Ibm. The Prelates and Noblemen of both Kingdoms meet at Berwick The King asked their further Advice How the Right of Succession was to be determined in Scotland that day the Prelates and Noblemen of both Kingdoms appeared at Berwick as also the Auditors the King asked them as he had done before by what Laws and Customs Judgment was to be given in the present Case and if there were found no Laws or Customs to proceed by how it was to be given and whether otherwise concerning the Kingdom of Scotland than concerning Earldoms Baronies and other Tenures They all Answered with one Voice Nemine Contradicente That Judgment was to be made by the Laws of the Kingdom if any If not the King might and ought by Advice of his Prelates Noble and other Great Men of his Kingdom make a new one And that as to the Right of Succession in the Kingdom of Scotland Judgment was to be given as concerning Earldoms Baronies and other individible or impartible Tenures The King having Received these Answers 6 Ibm. The Titles of Robert Brus and John Baliol Examined he ordered the Auditors to Repair to the Church of the Friers Preachers in Berwick and favourably to hear John de Baliol and Robert de Brus from day to day what they had to say or propound Robert de Brus began first shewing the Reasons and Arguments for his Claim and then John Baliol set forth his in a long Plea and answered all what Robert de Brus had said The Auditors Related what had been urged on both sides to the King They both personally appeared before him who asked them if they would speak any thing further they answered No Whereupon the King openly and publickly before the Prelates and Noblemen of both Kingdom his whole Council and the Auditors asked what Advice they would give him which of the two according to what they had shewn and set forth had Right of Succession in the Kingdom of Scotland and the force of all their Arguments on both parts was drawn into this Question An 7 Ibm. The main Question between them remotior in uno Gradu in successione exiens de primogenita debeat secundum leges consuetudines utriusque Regni excludere proximiorem in Gradu exeuntem de secundogenita Vel proximior in Gradu exiens de secundogenita debeat secundum leges consuetudines ipsorum Regnorum
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
to the Precept he had recovered Seisin by the Jugment of the Guardians When John King of Scotland disseised him again of the same Lands and Tenements and that he might not further prosecute his Right imprison'd him and caused an unjust Judgment to be given against him in Contempt of the King of England and Superior Lord of Scotland and to his own great Damage The King of Scots 5 Ibm. f. 158. The King of Scots appears appeared before the King and his Council in his Parliament after Michaelmas and denied all Contempt of the Lord his King and said he had not Day to Answer the said Magdulph who Replied He had that very Day appointed him to Answer by the King 's 6 Ibm. fol. 154 155. the Writ it self The Particulars of the Pleadings on both sides Writ delivered to him by the Sheriff of Northumberland at Strivelin on the morrow after St. Peter in Bonds that is the 2d of August which sufficiently appeared by the Return of the Sheriff and the King of Scots being asked whether he had the Writ delivered to him by the Sheriff confessed it and was then urged to answer 7 Ibm. f 158. when He said he was King of Scotland and that he dare not Answer to Magdulph ' s Complaint or any thing that concerned his Kingdom without the Advice of his Subjects sine Consilio * These Probi homines could not be the Common or Ordinary People proborum hominum Regni sui and Magdulph demanded Judgment against him as saying nothing 8 Ibm. f. 159. Then he was told by the King he was his Liege-Man and did unto him Homage and Fealty for the Kingdom of Scotland and was ordered to come thither to answer or say why he would not or ought not to answer before him and he said as before The K. of Scots dare not Answer without advice of his People That he Could not nor Dare answer to any thing that concerned his Kingdom without consulting his People inconsultis probis hominibus Regni sui Vpon this he was told he might require another Day he answered He would require none It was then agreed That the Principal Plea belonged to the King and that he made no Defence against Magdulph 9 Ibm. and because he would not require Day or shew Cause why he ought not to Answer in Elusion of the King's Jurisdiction and Superiority it was Judged a Contempt and Disobedience to him and that Three of his Principal Castles of Scotland should be Seized into his Hands and so remain till he had given Satisfaction for his Contempt and Disobedience But before the Pronounciation of the Sentence he came before the King and his Council and made Supplication to the King with his own Mouth ore suo proprio and Delivered it unto him with his own hand in Writing in 1 Ibm. f. 159 160. He Petitions K. Edward for leave to advise with them and for longer time French to this purpose Sire jeo suy vostre home du Royalme de Escoce c. Sir I am your Man of the Realm of Scotland and pray you for what I am come hither for which concerns the People of my Kingdom as well as my self That you would forbear me while I speak with them that I may not be surprized for want of Advice for that those that are with me will not nor ought to advise me without others of the Realm and when I have advice from them I will answer at your first Parlement after Easter and will behave my self towards you as I ought to do The King advising hereupon at the Instance of the Great Men of his Council and with the Consent of Magdulph granted his Prayer and gave King Edward grants his Request him Day until his Parlement after Easter on the Morrow of the Holy Trinity This is what is to be found in Ryley's Parliament Pleas about this Case and now we return to the Record again Which 2 Rot. de Superioritate Regis Angliae c. ut supra The K. at War with France and Wales Parlement at St. Edmunds-Bury A. D. 1295. 23 Ed. 1. tells us That on that Day the Parlement ceased or was not holden Parliamentum cessavit sive non tenebatur for that the King was Engaged in War lately raised against him in divers Countreys as with the King of France in Gascony and with the Welsh in Wales Yet the suit between the King of Scots and Magdulph which had begun before the Justices of the King's-Bench in Parlement was Continued and Prorogued Loquela c. Continuata fuit Prorogata To the Parlement next to be holden which was afterwards Summoned to be at St. Edmunds-Bury on the Feast of St. Martin in Winter that is November 11. which was in the 23d Year of King Edward and in the Year from the * The Publick Notary that Drew up this Record always begins the Year at Christmas Nativity of the Lord 1295. The King of England 3 Ibm. Magdulph prosecutes his Plea in that Parlement The King of Scots appears not but sends his Excuse was at St. Edmunds-Bury that day and there held his Parlement where Magdulph strenuously prosecuted his Plea But the King of Scots instead of appearing in Person sent the Abbot of Abirbrothok with other Noblemen of that Kingdom to King Edward with Letters to Excuse him that neither then or before he appeared in his Court in the Parliaments by passed at the Day given or appointed him Quod nec tunc nec prius juxta quod Diem habuerat ad Curiam suam in praeteritis Parliamentis accesserat Excusavit pretending certain Causes of Excuse that he could not come in his own Person This Abbot 4 Ibm. The Abbot and others that came to Excuse the K of Scots Demand Satisfaction for Injuries done them The Answer to their Demands and those that came with him brought not only an Excuse but a Quarrel and Demanded of King Edward Satisfaction for many and great Injuries Oppressions and Grievances sustained by the Scots from his Subjects To whom after deliberation this Answer was given That the King of England for certain Causes was coming toward the North parts and that the King of Scots should then have sufficient Recompence to his own Content for all Injuries could be proved done to the Scots by his Subjects of England and then appointed him a Day in the same Parlement by the Continuation and Prorogation of the Justices representing his Person against Magdulph the First Day of March next following The King of Scots summoned to appear at a Parlement at Newcastle at Newcastle upon Tyne Then expecting his being there enjoyn the Abbot and those with him to give Notice to their King he should then Personally appear to Treat with the King of England about the Premisses and other Things touching the State and Tranquility of both Kingdoms and their Inhabitants While the King was
intent upon this Business 5 Ibm. The King of Scots Confederates with the K. of France he had certain Information That the King of Scots with his Prelates Earls Barons and other Noblemen Communities of Cities and Towns and others of the Chief Inhabitants of the Kingdom had made a Confederacy and League with the King of France against him Sealed with both their Seals and Counter-changed 6 Ibm. For Dispatch whereof the King of Scots at the Instance of his Bishops Earls c. sent four Procurators or Commissioners William Bishop of St. Andrews Matthew Bishop of Dunkeld John de Soules and Ingram de Vmfreville the Sum of the League was First That Edward King John's Son should Marry the Daughter The Articles of the Confederacy of Charles of Valois Earl of Anjou the King of France his Brother Secondly That the King of Scotland in the present War should assist the King of France against the King of England and all Confederates as well by Sea as Land against the Emperor of Germany and others Thirdly That he should at his own Charges make War against the King of England when he was Employed in or Diverted by War in other Places Fourthly That as well the Earls 6 Ibm. Barons Prelates and other Noblemen as far as of right they might and also the Communities of ths Kingdom of Scotland should as soon as they could send him their Letters-Patents under their Seals of their Consent to these Things Fifthly That if the King of England Invaded Scotland the King of France was to make War upon him in other Parts to divert him or if required to send Forces into Scotland at his own Charges until they came there Sixthly That if the King of England went out of his Kingdom or sent many Forces abroad the Commissioners promised that especially in this Case the King of Scotland should enter England with his whole Power as far as he could making War in the Field besieging Towns wasting the Countries and by all possible ways Destroying England Sevently That they should not make Peace on either side without the Consent of the other The League it self and the Procuratory-Letters are to be found in this Record and in Hen. de Knighton Col. 2473. Toward the 7 Ibm. King Edward goes to Newcastle time appointed the King of England prepared for his Journey to Newcastle and sent before him the Abbots of Newminster and Wellebeck to the King of Scots to give him notice of the Adjornment and time of his coming by whom he also Demanded certain Castles in the Marches to be Delivered to him for his own and Subjects security from the present Dangers which when past he should Receive again and that he might so Receive them without Difficulty he sent by the Abbots his Obligatory-Letters for the Performance of his Promise On the First of 8 Ibm. The King of Scots came not March 1296 and the 24th of his Reign the King was at Newcastle and staid there many Days Expecting the King of Scots he came not the King of England moved nearer Scotland to Banburgh and War where he also Summoned and Expected him for some time yet he neither came nor sent to Excuse himself but Returned the Homage and Fealty for himself and all others of the Kingdom to King Edward and Defied him by the After a second Summons he Defies him Following Instrument or Writing TO the 9 9 Ibm. Hen. de Knighton Col. 2477. The Instrument by which he returned King Edward his Homage and Defied him Magnificent Prince Edward by the Grace of GOD King of England John by the same Grace King of Scotland Whereas you and others of your Kingdom you not being Ignorant or having cause of Ignorance by your violent Power have Notoriously and Frequently done grievous and intolerable Injuries Contempts Grievances and strange Damages against us the Liberties of our Kingdom and against God and Justice Citing us at your pleasure upon every slight Suggestion out of our Kingdom unduly Vexing us seising our Castles Lands and Possessions in your Kingdom unjustly and for no fault of ours taking the Goods of our Subjects as well by Sea as Land and carrying them into your Kingdom Killing our Merchants and others of our Kingdom carrying away our Subjects and Imprisoning them For the Reformation of which things we sent our Messengers to you which remain not only unredressed but there is every Day an addition of worse things to them For now you are come with a great Army upon the Borders for the Disinheriting us and the Inhabitants of our Kingdom and proceeding have inhumanely committed Slaughter Burnings and violent Invasions as well by Sea as Land We not being able to sustain the said Injuries Grievances and Damages any longer nor to remain in your Fealty or Homage extorted by your violent Oppression we Restore them to you for our Self and all the Inhabitants of our Kingdom as well for the Lands we hold of you in your Kingdom as for your pretended Government over us 1 Ibm. Knighton says this Letter was without Date 2 Walsingham 1 Ib. 2. f. 66 n. 20. says it was sent about the beginning of April when the Guardian and Lector of the Frior Minors of Roxburgh brought it to the King Before this Restitution of Homage and Fealty the Scots sent 3 Knighton ut supra col 2477. n. 20. to Rome to have Absolution from their Oaths and Homage and upon false Suggestions made to Pope Celestin they were absolved by his Bull. Deinde Scoti miserunt ad Curiam Romanam pro absolutione habendâ de Juramento suo praestito Regi Angliae de Homagio suo illi facto per falsam suggestionem factam Celestino Papae sunt absoluti per Bullam Papalem This is a true Abstract of the 4 In fine Rotuli Vide Rot. Scotiae 19 Ed 1. usaque 24. and with Chamberlains of the Exchequer in the 3d Treasury at Westminster in a long Painted Box in a great Wooden Chest the Original Roll or Record of the Superiority of the Kings of England over the Kingdom of Scotland and of the Homages and Fealties of the King and Kingdom of Scotland in the 19th 20th 21st 22d 23d of Edward the First A. D. 1291 1292 1293 1294 1295 containing 34 Membranes or Skins of Parchment drawn up by Andrew sometimes Clerk to William de Tang and Publick Notary by the Popes Authority who was present with the Witnesses to every Act who were the best Men of both Kingdoms heard and saw the things done and signed every Membrane with his usual Mark or Sign now remaining in the Tower of London and Printed at large from the Roll in Mr. Pryn's Second Volume of the History of King John Henry III. and Edward I. Not known to any of our Historians and therefore the Truth of these Transactions not understood which makes a considerable part of the History of his Reign And this Record
doth convince Buchanan of Partiality and Falshood of what he hath written in the latter end of his Seventh and beginning or most part of his Eighth Book of the History of Scotland and likewise Arch-Bishop Spotswood and Sir Richard Baker of great Errors and Mistakes in following him The Scots pursue their Designs of 5 Knighton col 2478. n. 10 20. The English commanded to quit Scotland freeing themselves from subjection to the English and Command That all the English that had Lands and Possessions in Scotland should without delay quit the Nation or come forth with all the Strength they had to Defend it against the English The King again 6 Ib. col 2478. n. 20. The King again summons the King of Scots He and they deny Subjection pretending the Pope's Absolution summoned the King of Scots to come to him and with Force to assist him according to his Oath The Scots answered unanimously That neither they nor their King was any ways bound to him or to obey his Commands because they were absolved by Pope Celestin from their Oath and from all Subjection he had extorted from them From Restitution of Homage and Fealty and Defiance they proceed to Arms 7 Walsingh f. 66. n. 50. Mat Westm f. 427. n. 40. The Scots Arm c. enter England Plunder Burn Wast Kill and Destroy where-ever they come To obviate these Insolencies and Chastise them according to their Deserts King Edward entered 8 Knighton col 4280 4281. A. D. 1296. King Edward enters Scotland Scotland on Wednesday in Easter-week besieged and took Berwick Castle with a great Slaughter of the Scots From thence he sent part of his Army to Reduce the Castle of Dunbar lately Revolted which was done by the Death and Destruction of a great many Scots Ten thousand says my Author Seven Barons an Hundred Knights and Thirty one Esquires were taken in the Castle The Scots Army coming to Relieve it Twenty two thousand of them were slain From Beats the Scots thence King Edward marched to Edinburgh which Castle he took in Eight days From thence he marched to Sterlin where the Earl of Vlster came to him out of Ireland with a great Body of Men and hither the King of Scots and many of his great Men sent to beg his Mercy 9 Ibm. They Beg and submit to Mercy King Edward appointed them to meet him at Brechin some few days after where they submitted to his Mercy and Favour without making any Terms or Conditions whatever The King's 1 1 Hist Angl. f. 67. n. 40 50. Submission runs thus as 't is Translated from Walsingham's Latin Version of the French Original John by the Grace of God King of Scotland to all that shall The Tenor and Form of the King of Scots Submission hear or see these present Letters Greeting Whereas we by Evil and False Counsel and our Simplicity have greatly offended and provoked our Lord Edward by the Grace of God King of England c. To wit for that being in his Faith and Homage we have Allied our self to the King of France who then was and is now his Enemy propounding Marriage between our Son and the Daughter of his Brother Charles and assisting him by War and otherways with all our Power Furthermore by our Perverse Counsel aforesaid we Defied our Lord the King of England and put our self out of his Faith and Homage and sent our People into England to Burn Spoil Plunder Murder and commit other Mischiefs fortifying the Kingdom of Scotland that was his Fee against him putting Garrisons into Towns Castles and other Places For which Transgressions our Lord the King of England entred Scotland by force Conquered and took it notwithstanding all we could do against him as of right he might do as Lord of the Fee seeing after we had done Homage to him we Rebelled against him We therefore being yet free and in our own Power do render unto him the Land of Scotland and the whole Nation with its Homages In Witness whereof we have caused to be made these our Letters-Patents Dated at Brechin the 10th Day of July in the Fourth A. D. 1296. Year of our Reign This Acknowledgment is also Recorded in the Roll of the Oaths of Homage and Fealty of the Scots a second time made on several days and in several places 2 Rot. Scot. 24 c. Ed. 1. Peceia 8. He renounceth all Confederacies against King Edward and rendered to him his Kingdom and all Homages and other Rights of that and his People c. where he Renounceth all Confederacies and unlawful Contracts made in the Name of himself his Son and the Inhabitants of Scotland against his due Homage and Fealty he had done to the King of England for his own Kingdom And further rendred to him his Kingdom and all Homages and all other his Rights with their Pertinencies suamque Regiam Dignitatem necnon omnes Terras Possessiones c. and his Royal Dignity and also his Lands and Possessions with all his Goods moveable and immoveable gratanti animo spontanea voluntate purè absolutè with a Gratefull Mind and free Will purely and absolutely into the Hands of Antony Bishop of Duresm receiving them in the place and Name of the King Vice nomine Regis Angliae Recipientis These things were done at Brechin the same day before a Publick Notary whom he commanded to publish and make an Instrument of them in perpetuam rei memoriam The Bishop of Duresm John Comyn of Badenaugh the Elder Bryan Fitz-Alan Knights and Alexander Kenedy Clerk Chancellor to the King of Scotland being specially called as Witnesses The Submission of James Stewart of Scotland is first Recorded in this 3 Rot. Scot. 24 25 26 Ed. 1. Peceia prima Append. n 14. The Submission and Renunciation of James Stewart of Scotland Roll which was That neither by force or fear but on his own free Will as he said he came to the Faith and Will of the King of England and renounced for him and his Heirs all Confederacies Contracts and Agreements whatsoever made in his Name with the King of France or his Adherents against his Lord the King of England if any such were freely purely and absolutely spontè purè absolutè and then took his Oath of Fealty in the Form following and made thereof and sealed his Letters Patents To all those that shall see or hear these Letters 4 4 Ibm. The Form of it James Seneschal or Steward of Scotland Greeting For that we are come to the Faith and Will of the most Noble Prince our Dear Lord Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain We promise for us and our Heirs upon the pain of Body and Estate and whatsoever we can incur That we will Assist and Serve him well and Loyally against all Persons that may live and dye at all times when Required or
Summoned by our Lord the King of England or his Heirs and we shall not know of any Damage done to them but we will hinder it to the utmost of our Power and shall Discover it to them And for the performance of this we bind us and our Heirs and all our Goods and further have Sworn it upon the Holy Gospels In Witness whereof we have caused these Letters Patents to be made and sealed with our Seal Given at Roxburgh the 13th day of May in the 24th year of the Reign of our Lord the King of England All the Bishops and other Ecclesiastick Prelates Abbats and The same Submission and Renunciation of the whole Kingdom of Scotland Convents Priors Friers Parsons Vicars Abbesses Nuns Earls Barons Knights Citizens Burgesses Aldermen Communalties of Cities and Burghs and other Commoners or Inhabitants in Scotland Recorded and Named in four 5 Rot. Scot. 24. Ed. 1. A. D. 1294. 24. Ed. 1. large Rolls in the Tower of London with this Title De Juramentis homagii fidelitatis Edwardo Regi Angliae nominatim praestitis per unamquamque individuam personam Regni Scotiae Of the Oaths of Homage and Fealty made to Edward King of England by every individual Person of the Kingdom of Scotland by Name made the same Submission Renuntiation and Oath at several Places and several Times and made their Letters Patents of it especially in the Parlement holden 6 Ib. Pecia 20 21 c. Append. n. 15. at Berwick on the Octaves of the Assumption of the Virgin Mary or 22d of August in the year from the Nativity of our Lord 1296 by the Consent of the Noblemen and Prelates of both Kingdoms These Rolls were not delivered unto the Kings Keeper of his Rolls 7 Claus 34. Ed. 1. Dors 91 until the 34th of his Reign and they were drawn up by the same Notary Andrew before-mentioned who was present heard and saw what was done as 't is Recorded at the end of the Roll Pecia 35 And the same Instrument of Homage and Fealty with the Chamberlains of the Exchequer in the 3d Treasury at Westminster with other Things and Instruments in small Boxes in great Wooden Chests This done 9 Walsingh f. 68. n. 10. n. 30 40. King Edward appoints a Governor of Scotland and other Officers there He sends John Baliol to the Tower c. King Edward caused the Stone used by the Kings of Scotland as a Throne to be brought to Westminster appointed John Warren Earl of Surrey and Sussex Governor of Scotland Hugh de Cressingham Treasurer and William Ormesby Justitiary sent King John Baliol to the Tower of London where he was decently attended and the Noblemen of Scotland which he brought into England were forbidden to pass the River Trent under forfeiture of their Heads From Scotland we are to return to England and France where we find the Peace between them which had continued for some time broken The Quarrel at first began between the 1 Mat. West f. 419 420 421 c. Walsingham f. 57. n. 50. c. A. D. 1291 1292 1293 1294 c. Peace broken between France and England English and French Seamen who plundered one anothers Ships and seised them where-ever they met at Sea or in Harbour from single Ships they brought Fleet against Fleet each side complained to their Kings and Satisfaction was demanded on both sides Several Endeavours were used to Compose these Differences the Two Queens of France Consort and Dowager mediated a Peace and were forward in it The Pope sent Two Cardinals to the Two Kings to the same purpose divers Means were contrived for Satisfaction on both parts but none took effect The King of England offered an Interview or a Reference to Commissioners to end all Controversies and adjust the Losses and Damages of the Subjects of both Nations but neither was accepted The King of France charged him That The Charge against King Edward his Subjects and Merchants were Robbed spoiled of their Goods and imprisoned by his Consent and also with Contempt and Rebellion in denying his Superiority and Dominion in Aquitain For which he peremptorily 2 Mat. West f. 419. n. 40. the Writ or Citation it self which is very long He is Cited to appear at Paris And upon non-appearance adjudged to have forfeited his Lands in France cited him to appear at Paris Twenty days after Christmas-Day to answer what should be objected against him to stand to the Law and hear Judgment King Edward neglected the Citation or Summons and was by the Vniversal Sentence of the Peers adjudged to have forfeited all his Lands in France and the Constable was sent with an Army to take possession of that Dukedom Upon this seising of Gascony King Edward 3 Ib. f. 421. n. 20. A. D. 1294. 22 Ed. I. called a Parlement after Whitsunday next following in which it was Resolved to Recover Aquitain or Gascony by Force and Arms whereupon * Ib. n. 50. he sent the Arch-Bishop of Dublin and the Bishop of Durham with other Great Men to the Emperor of Germany called then King of Almain to make an Alliance with him against France and for 100000 l. Sterling paid unto him a good Sum in those days the King and Emperor became acquainted who were scarce known to one another before all Difficulties between them were overcome and great Things were expected from this Alliance The King intending to pass into France with an Army was detained at Portsmouth by * Ibm. f. 422. n. 10. contrary Winds from Midsummer-day to the Exaltation of Holy Cross i. e. the 14th of September On the Vigil of St. Mathew the Apostle he called another 4 Ib. f. 422. n. 30. Parlement or happily this might be the same wherein to support the War the Clergy granted a Moyety of their Benefices and Goods at three Payments whereof the first to be at the Feast of All-Saints next coming the second Fifteen days after Easter and the third Fifteen days after Midsummer the Writ appointing the Collectors in the Diocese of Canterbury bears Date Septemb. 30 and is to be found amongst the Records of Trinity-Term 22 Ed. I. Rot. 68 with the King's Remembrancer in the Exchequer On the 5 Claus 22. Ed. I. M. 6. Do s A Tenth granted by the Laity the first day of the Parlement Morrow after St. Martin or the 12th of November next following the Earls Barons Knights c. gave a Tenth part of their Goods on this very first day of the Parlement and the Commissions to the 6 Pat. 22. Ed. I. M. 2. in cedula The Citizens c. pay a Sixth part Taxors and Collectors of it are Dated the same day The Citizens Burgesses and Tenents of the King's Demeasns paid a sixth part of their Goods but not granted in Parlement there were Commissioners sent unto every City Burgh and Town of his Demeasns 7 Inter Recorda 23 Ed. I. n. vel
Rot. 73 penes Remem Regis in scacar to Require and Induce them to pay a certain Sum charged upon or demanded of them toward the War which at this time was a sixth part of their Goods which was required first and granted in London as an Example to other Places The Commissions for all Counties in England bear Date the 21st of Novemb. 23d of Ed. I. The King wanting more Money to carry on the War against France in his 7 Claus 23. Ed. 1. M. 3. Dors. Dated Sept. 30. Summons to Parlement Writ of Summons directed to Robert Winchelsey Arch-Bishop of Canterbury to a Parlement to be holden on the Sunday next after St. Martin or the 10th of November told him That he could not but sufficiently understand since it was known all the World over That the King of France had fraudulently surprised Gascony and not content therewith had provided a Navy and Army to invade England and destroy the The King of France provides a Fleet and Army to Invade England Nation and Language if his Power were answerable to his Detestable Purpose To prevent these Dangers and Designed Mischiefs this Parlement was called but it sat not on that day the King being busied at Winchelsea in Equipping his Fleet for the Defence of the Kingdom and so could not be there and for this cause as 't is said in the 8 Ib. M. 2. Dors de parliamente prorogando Writ it self it was Prorogued before meeting unto the Sunday next before St. Andrew which was in the 24th of his Reign the 23d ending November 16th In a short time the Clergy gave the King a Tenth of all their Moveable Goods toward Maintaining the War The Earls Barons and Knights and others of the Kingdom Comites Barones Milites omnes alii de Regno in subsidium Guerrae nostrae gave an Eleventh part of their Moveable Goods Nobis 9 Pat. 24 Ed. I. M. 22. De undecima septima levand Colligend undecimam fecerunt c. And the Citizens Burgesses and good Men of his Demeasn Cities and Burghs granted him a Seventh part c. Et Cives Burgenses alii probi homines de Dominicis nostris Civitatibus Burgis septimam nobis concesserint c. The Writ for Levying and Collecting this Seventh and Eleventh is dated Decemb. 4. very few days after their meeting in the 24th of his Reign The King of Scots by the Instigation of his People taking advantage The Scots take advantage by this War with France of this Rupture between England and France obstructed the Vigorous Prosecution of the War against the French and thinking to Disingage himself and them from the Power of King Edward behaved himself and suffered as hath been related before in its due place The 1 Walsingh f. 62 63 c. And also the Welsh Welsh these two or three last Years having as they thought opportunities by King Edward's being Diverted by his Wars with France and Scotland attempted several times under divers Leaders to Free themselves from Subjection to the English were at length reduced to perfect Obedience * Fol. 325. A. D. 1295. Mezery the French Historian says both these Nations put themselves in Arms against King Edward by the Instigation and Procurement of the King of France Immediately 2 Walsingh f. 68. N. 30 40. after the King and whole Kingdom of Scotland upon their Defections were reduced to obedience and had the second Time done Homage and sworn Fealty to King Edward as we have heard before he issued his Writs for a Parlement to be holden at St. Edmunds-Bury on the Morrow of All-Souls or Parlement at St. Edmonds-Bury A. D. 1296. Third of November Dated the 26th of August in the 24th of his Reign at Berwick upon Tweed 3 Append. N. 16. In that directed to the Archbishop he tells him That he the other Prelates and Clergy late assembled at Westminster when they Granted the Tenth of their Rents and Benefices for the Defence of the Kingdom until the Feast of St. Michael then next coming which Grant was accepted by him in hopes of a more plentiful Aid for the future from him and others which they promised should be sufficient for the same Cause unless in the mean time there was a Peace or Truce made between him and the King of France Therefore he enjoined him to be with his Prior Archdeacon and Procurators of the Clergy at Bury at the time appointed to order the Quantity and Manner of the Subsidy The Writs to the other Bishops the Abbots c. were like to this Those to the Noblemen and Sheriffs were only to Treat about the Dangers impending upon the whole Kingdom and Remedies to prevent them In this Parlement the Citizens and Burgesses gave an Eighth Part of their Goods the rest of the Laity granted a Twelfth Part the Clergy Nothing by reason of a Constitution made that Year and Published by Pope Boniface 4 Walsingh Ut supra N. 40 50. The Clergy deny the King a Subsidy He Summons another Parlement A quo Parliamento a Civitatibus Burgis concessa est Regi octava a populo vero reliquo i. e. a Comitibus Baronibus Militibus Duodecima pars bonorum Clerus ob constitutionem Bonifacii Papae hoc Anno editam c. Regi pro Guerra sua subsidium petenti Denegavit The King in hopes of a better Answer deferred this Business to be treated on in another Parliament to be holden at London on the morrow of St. Hilary January the 14th In the mean time * Mat. West fol. 428. N. 30. The K. shut-up the Barns and Granaries of the Clergy the King caused to be shut up and secured all the Barns Granaries and Store-houses of the Clergy and the Archbishop sent the Pope's Bull to be published in all Cathedrals forbidding under the Pain of Excommunication any thing to be paid to Secular Princes out of Ecclesiastick Revenues The Bull or Constitution runs thus Boniface c. For the Perpetual 5 Append. N. 17. Pope Boniface his Bull. Prohibiting the Clergy to pay Taxes to Secular Princes Memory of the Matter c. 't is often delivered from Antiquity that Lay-men are spiteful to Clergy-men and the Experience of the present Times manifestly declares it while not content with their own Bounds they strive after what is forbidden and let themselves loose to do Evil not wisely attending that for them to have any power over Clercs or Ecclesiastick Persons and their Goods is prohibited yet they impose grievous Burthens upon Prelates and Ecclesiastics Regular and Secular they Tax them and Exact and Extort from them a half Part a Tenth a Twentieth or some other part of their Revenues and Goods endeavouring many ways to bring them into Servitude and under their Power And with Grief we relate some Prelates and Ecclesiastics fearing where no fear is seeking transitory Peace fearing more to offend Temporal
the Report of all Historians and as the Monk of 3 Fol. 429. n. 30. The Clergy put out of Protection Westminster says the Clergy were also put out of the King's Protection and so as the Lawyers were prohibited to plead for them before the Barons of the Exchequer or any Temporal Judge and that all in Orders were commanded freely to pay to the King the Fifth part of their Revenue or quit their Estates Sponte offerre sibi suorum proventuum quintam partem aut invitè cedere omnibus Bonis suis The first that complied and obeyed this Command were some Shaveling Prelates in Court but in the Cure of Souls manifest Pirates that they might bring in others to the like Compliance The Monk thinks he Latines this very sharply and wittily 4 Ibm. Huic mandato primitus obtemperaverunt quidam Tonsorati in Curia Regali Praelati in Cura vero animarum Pilati manifesti ut inducerent pari modo animos caeterorum However it was before this Writ issued the Clergy especially The Clergy of the Province of York comply with the King and receive his Protection of the Province of York and more particularly of the Dioceses of York and Carlisle having great Apprehensions of the King's Anger and their own Condition by early application and granting the Fifth of their Benefices and Goods for the Defence of themselves and their Churches against the Invasion and Attempts of the Enemies of the Kingdom obtained his Protection 5 Append. n. 19. for themselves Tenents Lands Rents Goods and all their Possessions whatever which were to be protected maintained and defended from all Injury Trouble and Damage until the Feast of All-Saints next This Writ of Protection bears Date at Walsingham Febr. 6. in the 25th of his Reign and only by Privy Seal but on the 18th of the same 6 Ibm. month passed the Great Seal by Warrant from the King The same 7 Append. n. 20. Protection was given to the King 's beloved Clerk Iterius de Ingolisine Arch-Deacon of Bath his Tenents Many others submit and receive the King's Protection Lands Rents and Possessions and for the same time that is unto the Feast of All-Saints Dated at Kings-Langley in Hertfordshire the 18th of February and the same was granted 8 Ibm. to John de Melingham Lambert de Trikingham John de Lacy Radulph de Staunford John de Drokensford and an Hundred and twenty others dated at the same time and place and to as many as would submit and seek for them Besides these Writs of Security and Protection to such whose Writs of Restitution granted to the Clergy Lands were not seised nor Goods taken he also granted Writs of Restitution to those whose Lands and Possessions had been seised and their Goods taken As for Example take one 9 Append. n. 21. for many which was granted to the Prior and Brethren of the Hospital of St. John's of Jerusalem in England Dated at Ambresbury in Wiltshire the 25th of February in the 25th of his Reign Great Numbers of other Writs of Protection and Restitution granted to Bishops Parsons Vicars Abbats Abesses Priors Friers and other Ecclesiastick or Religious Persons may be seen and perused in the Close Roll 25 Ed. I. M. 22. to M. 26. Many there were that through Negligence or want of Satisfaction They enter into Recognisances to save their Estates concerning the King's Proceedings or to avoid Trouble or some other Cause had not complied and taken out their Protections these the King by his especial Favour as he says in the Writ admitted to enter into Recognisance to pay the Fines or Composition set upon them by one Knight and the Sheriff of the County his Commissioners and so their Estates and Goods were free from seisure Others there were that invented and spread News amongst the People by which Discord might happen between the King and his Prelates Earls Barons and other Great Men to the Disturbance of the Peace and Subversion of the Kingdom who also publish Admonitions and Excommunications against the King's Officers for seising and taking the Lands and Goods of those as refused to pay Taxes and such as had Complied and Received the King's Protection The Writs or Commissions themselves Translated from the French 1 Append. n. 22. Record with the Proceedings thereupon do here follow Edward by the Grace of God c. To Monsieur Adam de Wells and the Sheriff of Lincoln Greeting Whereas of late we have conceived The Writs or Commissions for taking Recognisances of the Clergy Displeasure and Indignation against some Clerks of holy Church not without their desert who being within our Realm and under our Protection wholly refused to give an Aid for the Defence of the whole Realm and the English Church We knowing they are not sufficiently mindful or knowing of the Perils which may happen to the whole Realm and Church of England through their default willing to do them special favour at this time tho they deserve it not have assigned you both or one of you if both cannot meet together to receive in our Name Recognisances of Prelates and others of holy Church whatever they be in the County aforesaid according to their Estates who will have our Protection in the Form that is sent and enjoined you by us and to certifie our Chancellor of the Names of those that have made such Recognisances and to certifie also the Treasurer and Barons of the Exchequer of such Recognisances having been received so as nevertheless the Recognisances be made between this and Easter next and not after And hereby we Command you to do the things aforesaid according to the Form here-under directed In Witness whereof we have caused to be made these our Letters Patents to be in force for the time abovesaid Given at Clarendon the first day of March in the 25th of our Reign The Second Writ or Commission Edward c. To Monsieur Adam de Wells and the Sheriff of The second Writ or Warrant for the apprehension of Inventors or Dispersers of News Lincoln Greeting We perceiving that Inventers of News by which Discord may arise between us and our Prelates our Earls or Barons and our other Great Men tending to the Disturbance of our Peace and Subversion of the Kingdom making themselves ready with mortal Enmity and force of Arms to assault the Realm not willing to let such Malice pass without Restraint We assign you to enquire and search by all ways you can for Malefactors and Disturbers of our Peace and Dispersers of News or such as do or would hinder the execution of our Commands or give or publish Sentence of Excommunication And Publishers of Excommunication against the King's Ministers and Subjects privately or openly against our Ministers and Subjects or Adherents for Executing our Commands for the Profit of our Realm or against Persons of holy Church that have put themselves under our Protection for to
Grey Justiciary of Chester to give notice to all those in their several Bailiwicks or Counties that had 20 l. per Annum or above as well within Liberties as without whether they held of him in Capite or not to provide themselves with Horse and Arms and to be ready to go with his own Person for the Defence of themselves and whole Kingdom whensoever he should send for them Witness the King at Plympton the 5th day of May in the 25th of his Reign On the 15th of May for the Dangers and Perils that might happen to him and his Kingdom by the Treachery of his Enemies reciting the former Warrant and having appointed the time of his passage beyond Sea he 2 Append. n. 27. Of whomsoever they hold to pass with his Body beyond Sea commanded all the Sheriffs of England and Reginald de Grey to summon all that had 20 l. per Annum of whomsoever they should hold the same to be with him at London provided with Horse and Arms as they ought to be on Sunday next after the Octaves or Eight days after St. John Baptist to pass with his Body beyond Sea to the Honour of God of himself and their selves for the safety and common Profit of the Kingdom Witness the King at Loders in Dorsetshire the 15th of May in the 25th of his Reign At the same time he sent his 3 Ibm. He summons his whole Military Service to go with him Warrants to the same Persons to summon the Arch-Bishops Bishops Abbats Priors and other Ecclesiastick Persons and also Widows and other Women within their Counties that held of him in Capite by Military Service or Serjanty or of Wards in his Hand or Tuition to be at the same time and place with their whole Service of Horse and Arms to pass with his Body c. Witness as above Then also he wrote 4 Ibm. And writes to all the Earls Barons and Bishops particularly to be ready to Edmund Earl of Cornwall reciting his first Writ c. to be ready with Horse and Arms at the same time and place to pass with his Body c. Witness as above In like manner he wrote to Roger le Bygod Earl of Norff and Marshall of England To Humfry Bohun Earl of Hereford and Essex Constable of England To William Beauchamp Earl of Warwick Richard Fitz-Alan Earl of Arundel Robert de Ver Earl of Oxford John de Warena Earl of Surry Gilbert de Hunfranvil Earl of Anegos and 122 Barons and great Men there named And after the same manner he wrote to all the Bishops particularly On the 24th of this month the King wrote 5 Ibm. n. 28. again to all the Sheriffs of England and Reginald de Grey Justiciary of Chester to The Sheriffs to certifie all that had 20 l. per Annum in their Counties Execute his former Writ of Summons and to certifie under their Seals the Names of all such as had 20 l. per Annum or above of whomsoever they held it in their Bailiwicks or Counties Witness the King at Portsmouth the 24th of May in the 25th of his Reign While the King was thus preparing for his Voyage 6 Walsingh f. 70. N. 10 20 30 40. The Scots arm under William Waleys their Leader Kill the English the Scots by the Instigation of William Waleys whom they chose their Leader in this Month of May upon the King 's Justitiary William de Ormesby's Banishing many of them that refused to do Homage and Fealty to King Edward armed themselves and Killed all the English they met with practising strange Cruelties upon them which he having notice of laying to Heart the Affliction of his Friends in Flanders for want of his Assistance directed The Earl of Surry sent to Suppressthem He sent Henry de Percy William Waren Earl of Surrey with the Militia beyond Trent to march into Scotland to suppress this Insurrection The Earl raising an Army in the North Parts sent his Nephew Henry de Percy with it into Scotland who marching toward the Scots found the Heads of them the Bishop of Glascow the Steward of Scotland Andrew de Mornia and William Walleys inclineable to Peace upon Condition of the Safety of their Lives and Limbs Lands and Goods so as all things might be Pardoned to that time Henry Who accepts from them Terms of Peace de Percy admitted the Peace upon promise of Hostages and Articles in Writing if it should please the King who made acquainted with the Terms Consented to it that his Voyage might not be hindered When the Earl of Surrey went into Scotland to see the Performance of these things the Scots shifted from time to time delaying to deliver Hostages whereupon the Bishop of Glascow and William Douglas lest they might be thought Traytors yielded themselves the Bishop was secured in Roxburgh Castle and Douglas in Berwick In order to the King's Voyage into Flanders as hath been noted before the Militia was Summoned to meet at London on the Sunday after the Octaves of St. John Baptist which are July the First Mat. Westminster 7 Fol. 430. N. 20 30 40. A. D. 1297. The Earls of Norfolk and Hereford Constable and Marshal refuse to do their Duty and Service says They were summoned to meet on the Morrow of the Translation of Thomas the Martyr i. e. Becket which is July the 8th and may agree with the Record if the First of July that year fell on a Sunday when the Earls of Norfolk and Hereford the Marshal and Constable being Required by the King Refused to do their Duty and Request him to appoint some other of his Houshold to that Service and retired and on the 25th of July 8 he wrote again to all his Ports to send 8 Claus 25. E. 1. M. 9. Dors their Ships to Winchelsey with what speed they could The King no doubt in hopes of a perfect Reconciliation before he went over Sea 9 Append. N. 16. The King restores to the Archbishop of Canterbury all his Lands and Goods wrote to the Sheriffs of Kent Surrey Middlesex Sussex and Essex upon the earnest Request and Mediation of the Prelates of that Province and out of Special favour to Restore to the Archbishop of Canterbury all his Lay-Fees together with his Oxen Carts or Waggons and all other his Goods and Chattels being upon the same in the state they were then in Witness the King at Westminster July the 11th in the 25th of his Reign And that he might extend his further favour to all the Clergy that had submitted and were reconciled he gave a general Protection to them that had not received it before and 1 Ibm. N. 30. He grants a General Protection to all the Clergy wrote to the Sheriffs of London and others at the Request and Prayer of the Archbishop of Canterbury and other Bishops and Prelates of his Kingdom Supplicating him in behalf of the Clergy That they should Maintain Protect
and Defend all the Clergy in their Bayliwics their Tenements Lands Goods Rents and all their Possessions not permitting them to receive any Injury or Molestation in their Persons or otherwise though they had not his Protection Witness the King at St. Pauls London 31st of July in the 25th of his Reign It ought not to be omitted here That notwithstanding the Mortal Enmity and War between the two Kings of England and The King of France Remonstrates against the Pope's Bull prohibiting Taxes France yet King Philip the 4th Published a sharp Remonstrance against the Pope's Bull which caused this Trouble and Contention between the King and Clergy in this Nation in which he strenuously asserted the Rights of his Crown and the Liberties of the Gallican Church which were the very same with those of England The Archbishop of Rhemes with the Suffragans and Abbots of his The Clergy of France join with him Province seconded their King's Remonstrance with a Supplication to the Pope to recal his Bull lest it might break the Peace and Vnity of the Gallican Church and Kingdom as being very Injurious and Grievous to the King and Temporal Nobility and as bringing Scandals nay perhaps Ruine and Destruction to the Nation whereupon Pope Boniface the 8th sent an Explanatory Bull to The Pope explains his Bull for the ease of the King Nobility c. King Philip by which he Declared That his former Bull extended not to voluntary Grants and Aids made by the Clergy nor to Cases of Necessity when Taxes and Contributions were necessary for the Defence of the Kingdom then they might be Raised without consulting the Pope That the King and his Successors provided they were Twenty years of Age might be Judges of the Necessity if not of that Age then their Council and Lastly He Declared that by this Bull or Constitution it was not intended to take away or diminish any Rights Liberties Franchises or Customs of the King Kingdom Dukes Earls Barons or Temporal Nobility whereof they were in Possession before he Emitted that Bull. The Remonstrance Supplication and last Bull Dated at Orvieto or the Old City July 22. in the Third year of his Pontificate A. D. 1297. are to be found in Peter Pithous Proofs of the Liberties of the Gallican Church Printed 1639. Chap. Sect. or Numb 8 9 10. Fol. 1085 1088 1089. By reason of the Clergies Denial to Grant the King a Seasonable and Timely Aid to carry on his Wars he was forced upon Vnwarrantable Courses against the Laws of the Realm 2 Knighton Col. .249 N 60. The K. forced upon Unwarrantable courses to raise Money by Raising the Custom upon Wool from a Noble to Forty Shillings the Sack and ordering the Owners should sell their Wool within a Month at certain Places assigned or they should be forfeited For the Victualling his Army and Ships he took Wheat Oates Malt Salt-Fish and Flesh as Pork Beef Mutton without paying for them as well from Lay-men as the Clergy by which Oppressions the People were very much Grieved and Disturbed being hereby prepared to follow the Dictates of any Projectors against the King It cannot be thought but by this time the Archbishop and his Friends the Constable and Marshal and their Friends understood one another and carried on a joint Design The Causes of the Controversie but just now only mentioned between the King Constable and Marshal and the Reasons of their Refusing to do their Duty their withdrawing from his Presence and from Court with their Denial to return when sent to will best appear from the King's Declaration upon Record sent to all the Sheriffs in England WHereas the King 3 3 Append N. 31. The King's Declaration of the Causes of the Constable and Marshal's refusing to do their Duty and retiring from Court always desiring the Peace Quiet and good Estate of his People and Kingdom after his Voyage which he is now making c. All occasions by which the said Peace and Quiet may be Disturbed shall be wholly taken away But because at this time there may be such Reports raised amongst the People that may cause them to behave themselves otherwise toward their Sovereign Lord then they ought especially since the Earl of Hereford and Earl Marshal have lately withdrawn themselves from him or for other Matters hereupon for that he would have the Affairs of his Realm Vniform and Quiet he makes known and would that all should know the Truth of what follows Lately when a great Part of the Men of Arms of England some upon Request others by Summons of the King came to London the King willing to provide for their Discharge the settling of their Expences and that they might know what they were to do sent to the said Earls as Constable and Marshal of England to come to him for that purpose The Earl of Hereford came and Monfieur John Segrave to Excuse the Earl Marshal that by reason of Sickness he could not come and therefore had sent him in his stead Presently by their assent they were ordered to make Proclamation in the City of London That all those that were come thither either by Summons or Request should on the Morrow appear before the Constable and Marshal to know and be * * This was the proper Business of these two great Officers and without this Ordering and Enrolment the Men at Arms were not assigned the Quantity of their Service Enrolled in what manner and how many of them would serve the King in that Voyage beyond Sea They told the King they would perform the Order as they had received it in Writing But the same day toward Night the Earls sent the King a Message in Writing by Sir John Esturnis Knight in this Form For that Dear Sir You commanded the Marshal by the Constable and by order in Writing that he should cause it to be published in the City That all such as were come by your Summons or Request should be on the Morrow by One of the Clock before the Constable and Marshal at St. Pauls and that they should Enroll so many Horse of one and the other and then to inform you of it Your Constable and Marshal do pray you to Command some other of your Houshold to do it And for that Sir you know well that tho' some are come upon Request and not Summons yet if they do this they should enter upon their Office and do Service Wherefore they pray you to Command others Vpon receipt of this Message and Counsel taken thereupon the King thinking they might have done it unadvisedly sent Monfieur Geofrey de Genevill Monsieur Thomas de Berkeley Monfieur John Tregâ—z Constable of the Tower and Guardian of London Roger Brabazon and Monsieur William de Bereford to advise them Better and that they might so order things as they might not turn to the Prejudice of the King nor their own Estate and if they would not be otherwise advised then
he sent the Bishop of Vicenza to the King of France before whom and with the Consent of the King of England's Commissioners it was Agreed That both the Kings should perform that Article and King Edward Authorized several Commissioners The King of England performs the 7th Article of the Pope's Award to deliver the Possession of his Lands Vassals and Goods into the hands of the Bishop who was to receive them in the Name of the Pope as a Private Person and Benedict Gaitan This Instrument bears Date at Westminster April 22. 1299 the 27th of Ed. I. In May following Prince Edward 2 Ibm. Prince Edward Contracted to Isabel the King of France his Daughter made the Earl of Lincoln his Proxy to Contract the Espousals with Isabel the King of France his Daughter While the Bishop of Vicenza was in France he sollicited the Release of John Baliol King of Scots by the King of France his Mediation to the Pope to give it in Charge to the Bishop his Legate who obtained it 3 Append. n. 36 and Pryn's Ed. I. f. 797. A. D. 1299. 27. Ed â— and he was delivered to him at Whitsand in France by Robert de Bourghersh Kt. Constable of Dover Castle the King's Proxy upon Saturday before St. Mary Magdalen's Day or 22d of July upon Condition That the Pope might Direct and King John Baliol delivered to the Pope's Proxy Order what he pleased only as to his Person and the Estate he had in England as King Edward might have done if he had been personally with him in England saving to him and his Heirs Kings of England the Kingdom of Scotland the Men and Inhabitants and all the Appurtenances to that Kingdom It being there Read and Rehearsed before his Delivery and in his own presence and the presence of the Bishop of Vicenza That he had committed many Inhuman Trespasses and Treasons against his Sovereign Prince King Edward contrary to his Homage and Fealty c. And that the Pope should not Qrdain or Direct any thing in the Kingdom of Scotland concerning the Men or Inhabitants or Appurtenances of the same Kingdom for John Baliol or his Heirs which are or may be or any other Cause whatsoever And upon these Terms the Bishop in Name and Stead of the Pope received him from the King's Proxy on the said Saturday before the Feast of St. Margaret A. D. 1299. and 27th of Ed. I. Certainly at this time the Pope understood not that Scotland was his Fee as he claimed it two years after It may be supposed that King John Baliol was willing to go any His Character of the Scots whither rather than into his own Country he having voluntarily and of his own accord without the privity of King Edward by an 4 Append. n. 37. and Pryns Ed. I. f. 665. Instrument drawn by a Publick Notary the year before Renounced Scotland and Resolved never to come there more or have to do with it because he had found such Malice Fraud Treason and Deceit in the Scots that they had designed to poyson him This year 5 Mat. West f. 431. n. 50. died Two very great Men Humfry de Bohun Earl of Essex and Hertfordshire and Constable of England and William Beauchamp Earl of Warwick The Scots were this year Troublesome and the King had summoned the Militia of the Kingdom 6 Brevia Regis in Jurie Lond. 27 Ed. I. and Pryns Ed. I. f. 809. The King summons the Militia to go with him into Scotland The Pope sends a Nuncio to compleat his Award to meet him at Carlisle on the Vigil of Pentecost to go with him into Scotland upon his own Wages against his Enemies and to settle such English as he had there given Lands unto in them in the mean time he received a Message from the Pope that he was sending his Nuncio to Mounstreuit in Picardy where should be a Treaty to end all Differences in pursuance of his former Award This Message was communicated to the Arch-Bishop of Canterbury other Bishops Earls and Barons who advised him to remain in the South while this Treaty was over by reason of Debates that might happen in it which might require speedy Advice and Resolution and therefore wrote to all the Sheriffs of England to make Proclamation the Militia should not meet at Carlisle until the first of August Given at Stabenheth the 7th of May 27th of Ed. I. A. D. 1299. 27 Ed. I. Many of the Nobility and People not being satisfied or seemed not to be so that the Perambulations and setting out the Bounds of the Forests were not done so speedily as they desired the King sent 7 Brevia ib. Pryn f. 810. The People dissatisfied at the delay of the Perambulations of the Forests Writs to the Sheriffs of all Counties to proclaim and give notice That the Commissioners for these Perambulations should meet at Northampton at Michaelmass next with full power to proceed Special Commissioners appointed to dispatch that Business in that Business without delay Dated at Lewis the 25th of June in the 27th of his Reign But this was not thought sufficient for it was reported and The People yet not satisfied noised abroad that the King intended not to observe Magna Charta or the Charter of the Forest nor would ever suffer the Perambulations to be made and the Bounds of the Forests to be set out and therefore the same day he issued a 8 Ibm. and f. 811. The King issues a Second Proclamation to quiet them further Proclamation to give the Causes and Reasons why the Perambulations c. could not be made sooner and to let the World know he was pressed too hard and not in due manner to do these things and that those who raised these Reports were malicious People and desired to cause Differences between him and his Subjects and to disturb the Peace of the Nation Dated on the same day and at the same place In the beginning of September 9 Walsingh f. 77. n. 10. Mat. Westm f. 432. n. 10 20. A. D 1299. 27th of Ed. I. King Edward Married to Margaret the King of France his Sister Margaret Sister to the King of France was Conducted into England by the Duke of Burgundy and Earl of Britan to whom King Edward was Married on the 12th of this month in the Cathedral of Canterbury by the Arch-Bishop The Wedding was very splendid and much Foreign Nobility attended the Solemnity The King's Expectations were every way great from this Match but it answered them not On the Feast of St. Martin or 11th of November says 1 Fol. 77. n. 30. Walsingham the King held a Parlement at York and from thence went to Berwick intending to proceed further into Scotland to Relieve Sterling Castle then besieged by the Scots but the Noblemen Sterling Castle delivered to the Scots then with the King informing and pressing him the boggy and low Grounds were
Execution was done thereon And for that his Oath the Right of the Crown of England his Reasons and Claims as also the Right Reasons and Claims of all others might be safe He tho' the Commissioners had brought to him what they had done yet because the Prelates Earls Barons and all other Great Men of the Kingdom in whose presence he would have his own and the Reasons of others propounded and heard according to whose Advice he intended to proceed especially for that they were bound with him by Oath to Observe and Maintain the Laws or Rights of the Kingdom and his Crown Jura Regni Coronae Nostrae were not then present with him And for that likewise those who were to propound their Reasons concerning this Matter had no notice of it without whom a good End could not be put to it and because this Business might be Dispatched without further Delay willing to have Conference and Treaty with the Prelates Earls Barons and Gentlemen aforesaid and with others of the Community of the Kingdom upon this Affair and other arduous Matters touching himself and the state of the Kingdom he Commanded firmly The Sheriffs commanded to send to this Parlement the same Knights Citizens and Burgesses that were in the last enjoining him to cause to come before him at his Parlement at Lincoln in the Octaves of St. Hilary next coming two Knights of his Country or Baylywick That is to say those which came for the Community of the County by his Precept to the last Parlement and also the same Citizens and the same Burgesses for all the Cities and Burghs within his Bayliwic and if any of them were Dead or Infirm then to cause others to be chosen and come in their stead so as that they might be present at the Day and Place aforesaid with full Power to hear and do what should be then ordained for the common Profit of the Kingdom And to cause to be allowed to the same Knights Citizens and Burgesses their reasonable Expences in coming to staying at and going from the Parlement and further he commanded the Sheriff publickly to make Proclamation in the County That all those who would put in any Exceptions against the Perambulations should appear before him in Parlement to shew them Witness the King at the Rose September 26. in the 28th Year of his Reign This is the Full of the Writ of Summons in English wherein the Reasons are given why the Perambulations could not be Received and Considered sooner The Writs to the Bishops Earls and Barons were in the same Form and Words as to the Reasons c. In like manner he 1 Ibm. wrote to the Sheriffs of all Counties there particularly named as well those that had Forests in them as others except Cheshire which then sent no Members to Parlement He 2 Ibm. M. 2. wrote also to the Commissioners that made the Perambulations to be at this Parlement and bring with them those Perambulations and all things that concerned them Amidst these importune Pressures of the Nobility 3 Walsingh f. 78. N. 20. The K. marcheth into Scotland with an Army The Scots demand their K. John Baliol and to Redeem their Lands Both their Requests denied They appear in a mighty Body yet fly before the King the King marched with an Army into Scotland and coming into Gallowey the Great Men of the Scots desired him to permit John Baliol peaceably to Reign over them and that he would suffer them to Redeem their Estates of such English as he had given them to declaring if he would not they would themselves as well as they could But he granted neither of their Petitions Within few Days after the Scots with their Leaders appeared in a mighty Body thinking to Surprize the King and his Army but he and his Son marching toward them they fled to the Hills and Woods About this Time the Scots knowing all things Saleable at Rome richly Present or Bribe the Pope moving him for his Advice and Assistance against their Lord the King of England Scoti cognoscentes 4 Ibm. N. 30 40. The Scots apply themselves to the Pope for Advice and Assistance against K. Ed. Romae omnia venalia Donis Dominum Papam uberrimis ditaverunt petentes ab eo Consilium pariter ac auxilium contra Dominum suum Regem Angliae The Pope complies makes the Archbishop of Canterbury his Legat sends him Letters to deliver to the King with order to shew him his Commands In 5 Ibm. and Mat. West f. 435 346 437. He makes the A. B. of Canterbury his Legate to the King and by his Letter claims Scotland as the Right of the Church of Rome which he Claims the Kingdom of Scotland as belonging to the Church of Rome by full Right pleno jure Requires and Exhorts him in the Name of God to Discharge out of Prison and Restore to their former Liberty all Bishops Clercs and Ecclesiastic Persons and to remove all his Officers whom by Force and Fear he had appointed to Govern that Nation under him and Willed him if he pretended any Right to the Kingdom of Scotland or any Part of it not to omit to send Commissioners fully instructed within six Months after the receipt of his Letters to his presence he being ready to do him Justice as his beloved Son and inviolably to observe his Right if he had any Bringing back and reserving by the Tenor of these Letters all Questions Strifes Controversies whatsoever between him the Kingdom of Scotland the Prelates Clercs and Secular Persons which then had been were or might be for the future to the Cognisance and Determination of the Roman See Decreeing it void if any thing should be attempted to the contrary Dated at Anagni the 5th of the Calends of July or 27th of June A. D. 1300. in the 28th of Ed. 1. The Archbishop was full of Obedience and very quick in repairing He readily obeys the Pope's Commands to the King who was then in Scotland 6 Ibm Fol. 438. l. 2. in the A. Bishop's Letter to the Pope or Certificate what he had done in this Affair And persuades the King to comply with the Pope's Letter preparing for his Journey immediately upon the Receipt of the Pope's Commands and came to him August 25th being then at Dinner in the midst of his Army who appointed him the next Day for the Delivery of the Message which was done and the Pope's Letters presented to the King before Edward his Son the Earls Barons and Knights of his Army in great Multitude who causing them to be Read publickly were patiently heard of all when the Archbishop a sure Friend to the Scots Encouraged the King and Persuaded him 7 Ibm. N. 50. in the same Letter as he says himself by all Ways and Means he could or knew to Obey and Comply with all things in those Letters Then 8 Ibm. withdrawing by the King's Command while he Deliberated
should claim any Right therein Dated at Fulham May 15. in the 30th Year of Ed. I. The Reasons of these Grants and Restorings might be what The Reasons why the Earl-Marshal gave the King his Lands and parted with his Office and Honour Mat. Westminster reports tho' he mistakes the Year in the 33d of this King he says he then had a time of Speaking and that he warily convented the Earl-Marshal upon a Conspiracy which the Arch-Bishop of Canterbury and many Earls and Barons had contrived against him while he was in Flanders who not being able to contradict what the King said begged his Pardon For obtaining of which he made the King Heir of all Things he had By which means he saved his Life and the King as a Reward added to his Life a Thousand Pounds Land by the Year Which might be the Mannors and Lands he had liberty to except 9 Mat. West f. 452. lin 2. He with the A. Bp. and others had conspired against the King Et aderat tempus loquendi Rex convenit cautè Comitem Mareschallium super quodam Dedecore Conspiratione quam Archiepiscopus Cantuariensis plures Comites Barones contra eum Machinaverant ipso tunc agente in Flandria qui nequaquam valens ista contradicere Gratiam Regis petiit Pro qua obtinenda constituit Regem haeredem suum universorum quae habuit sic mortem perdidit vitam invenit Rex Remunerans eum vitae Comitis mille libratas Terrae adaugendo concessit In like manner the King convented all the others one by one that were in this Conspiracy and fined or punished them in Sums of Money 1 Ibm. lin 8. Similiter Rex singulatim singulos conveniens qui huic facto consenserant pecuniaria poena mulctavit Yet within this very Year of his Reign the King 2 Rot. Cart. 30 Ed. I. n. 24. 28 29. Dugd. Baron vol. 1. f. 136. col 1. The King regrants his Lands Honor and Office to the Marshal regranted the Earldom and Marescalcie of England with all his Castles Mannors and Lands in England and Wales to him and his Issue lawfully to be begotten upon the Body of his Wife Alice and for want of such Issue to return to the King and his Heirs 3 Dugd. Bar. ib. He died without Issue in the 35th of this King and the Honour and Estate came into his hands Some great Business the King had at this time that he had fixed in his Mind and laid much to Heart for which he sent Peter de Dene Canon of London and Roger le Sanvage Knight to the Pope 4 Pat. 30. Ed. I M. 12. intus Pryn's Ed. I. f. 93 The King senâ—â— Messengeâ—s to Rome upon secret Service Dilectos Fideles nostros Petrum de Dene Canonicum Londinensem Rogerum le Sauvage Militem pro quibusdam negotiis nostris quae multum insident Cordi nostro Domini summi Pontificis praesentiam destinantes c. Joining with them 5 Iâ—m William de Geynsburgh his Lieger at the Court of Rome and 6 Ibm. writing to M. Cardinal Deacon of New St. Mary in the Porch or Gallery 7 Ibm. Sanctae Mariae novae in Porticu Diacono Cardinali to assist them and effectually promote his Business with the Pope and for so doing he should always find him ready 1 Pat. 30. Ed. I. M. 12. intus to do those things which were grateful to him The same Letters were wrote and directed to Six Cardinals more Four Deacon and Two Priest Cardinals This Letter is Dated June 13. at Chartham The Four Deacon Cardinals were his Pensioners Luke de Flisco Deacon Cardinal of St. Mary in the Broad way Sanctae Mariae in via lata Cardinalis Diaconus Peter Piperne Deacon Cardinal of New St. Mary Sanctae Mariae novae not in Porticu Diaconus Cardinalis William Cardinals the King's Pensioners of Pergamus Deacon Cardinal of St. Nicholas in the Tullian Prison a Parish in Rome as they all were Sancti Nicholai in Carcere Tulliano Diaconus Cardinalis Francis Deacon Cardinal of St. Mary in Cosmedyn Sanctae Mariae in Cosmedyn Diaconus Cardinalis 4 Ibm. Who had every one 50 Marks Sterling yearly paid out of the Exchequer by equal Portions at Easter and Michaelmas for their Diligence and Sincerity in Transacting his Business The King 's former Proctors having not done any thing concerning the Peace between the Two Kingdoms he sends others to the Pope viz. 3 Claus 30. Ed. I. M. 6. Dors New Procurators sent to the Pope for a final Conclusion of the Peace between the two Kingdoms William de Gainsburgh and H. de Hertpole Two Friers Minors and Two of his own Clerks John de St. Clare Cannon of London and Philip Martell Professor of the Civil Laws with William de Dene Knight or any Four or Three of them with full Power to give a final Dispatch to this Business according to the Form of his former Pronunciation or Decree 4 Pat. 30. Ed. I. M. 9. intus Without effect Giving them also in their Commission or Letters Procuratory full and free Power to Demand Hear and Receive a total Consummation of his Decree and the Peace to ensue thereupon Both these Records are Dated at Arundel Septemb. 9. A. D. 1302. in the 33th of this King Their Negociation proved also ineffectual As the Earl Marshal so Humphry de Bohun Son and Heir to that Humphry who opposed King Edward in the 25th of his Reign and doing Homage had 5 Dugd. Bar. f. 183. col 1. Rot. fin 27. Ed. I. M. 23. The Constable grants all his Lands Honours and Office to the King Livery of his Father's Lands in the 27th This Year also granted all his Castles Towns Mannors Lands and Tenements Knights Fees Advousons of Religious Houses and Churches Hundreds Honors Liberties and all their Appurtenances in England and Wales to the 6 Roâ— Claus 30 Ed. I. M. 5. Dors King and his Heirs for ever without any Exception or Reservation of any thing to himself 7 Ibm. The King regrants them upon Marriage with his Daughter And all his Right Honour and Dominion he had as Earl in the Counties of Hereford and Essex and the Constableship of England The Grant is dated at London the 8th of October in the 30th of Edw. I. Which upon the Marriage of Elizabeth 7th Daughter of Edward I. Widow of John Earl of Holland Zeland and Lord of Friseland were 8 Dugd. ut supâ—a Claus 32 Ed. I. M. 16. Cart. 32 Ed. I. n. 48. John de Seagrave made Guardian of Scotland Regranted to him about two years after After the Feast of All-Saints when the Truce with the Scots was expired the King sent 9 Wals f. 86. n. 30. John de Seagrave with an Army into Scotland 1 Pat. 30. Ed. I. M. 15. making him Governour of Berwick and Guardian of the
Kingdom who marching 2 Wals f. 87. lin 3. with a small Party towards Edinburgh the Scots who lay in Ambuscado wounded and took him with several others but a fresh Party coming up rescued Taken Prisoner and rescued and took him from those that had him Prisoner Next Year on the 10th of January A. D. 1303. beginning A. D. 1303. Pryn's Ed. I. 1020 the Year at Christmas as Walsingham always doth 3 the King of France willing to leave the Scots out of the Treaty and conclude a Peace with England King Edward gave his Letters Patents or Commissions to Amadeus Earl of Savoy Henry de Lacy Earl of Lincoln and Otto de Grandison or any Two of them dated at Odyham January 10. 3 Pryn's Ed. I f 1020 The Truce with the King of France prolonged 31 Ed. I. A Peace between the two Kings to Prorogue the Truce between him and the King of France their Kingdoms and Subjects and to settle a firm and perpetual Peace between them their Heirs and Successors against all Persons but the Pope and Church of Rome and also to the same Persons and Bishop of Worcester gave Commission on the 2d of March in the same Year to the same purpose who Treating with the Dukes of Burgoine and Britan and other Commissioners of the King of France concluded a firm Peace between the Two Kings and their Realms 4 Ibm. The Scots left out of it leaving the Scots out of the Treaty For the Confirmation whereof the King made his Letters Patents and Sealed them at the Town of St. John's or Perth in Scotland June 10. A. D. 1303. in the 31st of his Reign All the Procurations Patents and other things concerning this Peace and the Articles themselves are in a special Roll in the Tower which at the writing hereof I could have no opportunity to peruse Upon this Treaty and Peace 5 Mat. West f. 446. n. 20. Gascoigny restored to King Edward The Revolt of Flanders the cause of this Pâ—ace Gascoigne was restored to King Edward with all its Rights and Liberties as he possessed it before the beginning of the War The Revolt of Flanders from the Subjection of France which had been subdued when King Edward by reason of the Domestick Troubles and Confusion of his own Affairs at home was not able to assist the Flemmings 6 Ibm n. 30. Mezeray's Hist Fr. f. 330. contributed much to the advancement of this Peace for the French attempting to regain Flanders were every where beaten and their Armies routed and in all their Attempts had ill Success This Year the Scots armed again under the 7 Wals f. 86. n. 40. f. 87. n. 10. 20. 31 Ed. I. The Scots arm again under W. Waleys They crave Peace and have their Terms granted Sterling-Castle besieged Conduct of William Waleys and the King summoned his Militia to be at Roxburgh in Scotland on Whitsunday from whence by small Marches he went through the whole Kingdom to Cathness no Force opposing him The Scots finding they were not able to resist sent Mediators and humbly craved his Peace and that they might be permitted to compound for their Estates with them to whom they had been given both which the King granted In his Return from the North passing it by as he went he besieged Sterling-Castle which was defended against him and staid all Winter at Dumfermling not far from thence Mat. Westminster says the Great Men of Scotland as well Earls as Barons 8 f. 446. n. 40. 50. Magnates Regni Scotiae tam Comites quam Barones being wholly reduced and overcome submitted themselves to the Will of the King of England who admitted them to his Grace and Mercy imposing upon them a pecuniary Mulct appointing them Days and Years and certain Times for the payment of it This Year on the 9 Ibm. f. 447. N. 30. Pope Boniface thâ— 8th dies 12th of Octob. died with Grief and Anguish of Mind Pope Boniface VIII after he had been 1 Walsing F. 87. N. 20. f. 89. n. 10. Benedict the 11th Chosen accused by the King of France of Heresie Simony and Murder imprisoned and plundered of all his Goods and the Bishop of Ostia was chosen Pope by the Name of Benedict XI After Winter the 2 Ibm. f. 89. N. 40. King went in Person to the Siege of Sterling Castle when it was briskly plyed with Engines yet they within made a good Defence but being very hard pressed by the Besiegers the King being there all the time the Castle was Sterling Castle yielded upon Discretion A. D. 1304. 32 Ed. 1. yielded upon Discretion on St. Magaret's Day or 20th of July the Governor whereof William Olifard who had surprized it was sent to the Tower of London and others to divers Castles The King 3 Ibm. N. 50. John Segrave appointed Guardian of Scotland having thus subdued Scotland according to his Mind returned into England appointing John de Segrave Guardian of it and when he came to York 4 Ibm. The Kings-Bench and Exchequer removed to London removed the Courts of Kings-Bench and Exchequer which had been there seven Years to their old Place at London On the Seventh of July this Year died 5 Mat. West f. 448. lin 7. A. D. 1304. 32 Edw. 1. The Cardinals Nine Months in chusing a Pope Pope Benedict and in nine Months the Cardinals could not agree about the Choice of another at length they unanimously chose the 6 Ibm. f. 451. N. 10. Archbishop of Burdeaux Bertram de Angeous upon Whitsunday the Year following by the Name of Clement the Fifth Toward the latter End of the Year of the Lord 1304. and within three Months after the Beginning of the 33d year of the Reign of the King we find it Recorded upon what Terms the Scots made their Submission after their last Insurrection the Title of the Record is The Terms given to and accepted by John Comyn his Aydants and Assistants were these following in this Form These are the Things agreed on * with Monsieur Richard de Ryleys Placita Parliamentar f. 369. from the French Record there Burgh Earl of Vlster Monsieur Aymer de Valence Seigneur de Montignak Monsieur Henry de Percy Knights and John Benstede Clerk on the Part of King Edward and John Comyn of Badenagh for Himself and his Aydants of Scotland as well those that were out of it as within it For the Faithful Keeping and Observing whereof the said Earl Aymer Henry and John de Benstede in The Terms of Peace given to and accepted by the Scots the Name of the King and the said John Comyn Monsieur Edmund Comyn de Kilbride Monsieur John de Graham Monsieur John de Vaux Monsieur Godfry de Roos Monsieur John de Maxwell the Elder Monsieur Peter de Prendregyst Monsieur Walter de Berkeley de Kerdaau Monsieur Hugh de Erth Monsieur William de Erth Monsieur James de Roos and
Monsieur Walter de Rothevan Knights for themselves and all their Scots assistants who would be in the Peace and Faith of the King were Sworn First It was agreed That all Manner of People of Scotland who came to the Peace of the King with the said John Comyn except the Persons after named should be received to the Conditions following to wit Their Lives and Limbs or Members were saved They were to be Free from Imprisonment and not to be Disherited except for their Ransom or Fine and the Amends for their Faults only committed against the King Secondly Those under Age ought to have the same Conditions as to their Lives Limbs Imprisonment and Disheritance Thirdly For their Ransom and all other Things it should be as the King should order in his next Parlement which was on the Sunday after the Feast of St. Mathew next insuing and the Establishment of Scotland was to be as it should be then ordained Fourthly All the strong Holds now in the King 's or his Friends Hands should Remain so and the Charge of keeping them should be Defrayed out of what belonged to them or in other Convenient manner by those who had the Custody of them or to whom they were Delivered Fifthly The Prisoners on both sides were to be set Free except Monsieur Peter de Morham and his Father Sixthly That the Hostages for the Payment of the Ransoms of Prisoners on both sides should be Released The Persons Excepted were Robert Bishop of Glascow Monsieur James the Steward of Scotland John Soules Monsieur David de Graham Monsieur Alexander de Lindesey Monsieur Simon Fraser Thomas Du Boys and Monsieur William de Waleys concerning whom it was agreed That the Bishop as to his Body and Temporality the Seneschal or Steward and John Soules should have the same Conditions with the Commons That is have their Lives and Limbs safe be free from Imprisonment and not Disinherited but with two Years Banishment out of Scotland beyond the River Trent That the Steward's Castle should be in the King's Possession during his Exile and he to be at the Charge of keeping them Concerning Monsieur David de Graham and Monsieur Alexander de Lindesey it was agreed They should have the same Conditions and be Banished Scotland for half a Year David beyond the River Tweed and Alexander beyond Trent As to Monsieur Simon Fraser and Thomas Du Boys it was agreed also That they should have the same Conditions but be Banished the King's Dominions for three Years and also out of the Dominions of the King of France unless in the mean time they could find Favour and as to William Waleys he was to submit himself wholly to the Mercy of the King Further it was agreed That the Bishops of St. Andrews and Dunkeldin the Earl of Boughan i. e. John Comyn the Seneschal or Steward of Scotland Monsieur John de Soules Monsieur Ingelram de Humfranvill and the other Persons of Scotland which were abroad and the Confederates of John Comyn should come to the King's Peace within Fifteen Days after Easter next every one according to his Quality at Dumfermling to do Homage and swear Fealty And be it known That the foresaid Earl of Vlster Aymer Henry and John Benstede promised in Good Faith to use their best Endeavour with the King to Ratifie in all points this Accord by his Letters Patents so soon as John Comyn and others that should come with him had done their Homage and sworn Fealty in due manner In Witness whereof one Part of the Indenture which was to remain with the King was Sealed by John Comyn Edmund Comyn John de Graham John Vaux and others and the other Part was Sealed by the Earl of Vlster Aymer Henry and John Benstede Dated at Strathord the 9th day of February in the 33d year of the King the Title of the Record is Forma Pacis Scotiae in Adventu Johannis le Comyn aliorum The Form of Peace of Scotland upon the Submission of John Comyn and others In the 8 Ryley's Placit Parliamen f. 240. A. D. 1304. Ed. 1. 33 d. Parlement at Westminster on the Sunday after St. Mathew the Apostle the King enjoined the Bishop of Glascow how it came to be so at this time I find not the Earl of Carrick i. e. Robert Brus and John de Moubray 9 Ibm. f. 243 Three Scots a Bishop Earl and another to agree upon the Number and Quantity of the Scots to come to an English Parlement That they would treat amongst themselves and agree upon a Day and Place for a Parlement to be called concerning the State of the Kingdom and People of Scotland the Number and Quality of the Scots who should come to it and others who should stay in the Kingdom and have the Care of it Their Advice and Agreement 1 Ibm. They agree upon the Number and Quality of those Persons was That the Parlement could not be well assembled before Midsummer and the Place to be where the King pleased That as to the Persons Two Bishops Two Abbots Two Earls Two Barons and Two for the Commons Dieux pur la Commune were a sufficient Number if the King thought so And concerning the Persons that were to take care of the Kingdom they thought the present Guardians and King's Ministers with the Community were sufficient for that 2 Ibm. A. D. 1305. 33 Ed. 1. The King appoints the Time of the Parlement and consents to the Number of Commissioners to be chosen by the Scots which things being Read before the King and Council on the 26th of March the King Answered Willed and Granted Vult Concedit the Day of the Parlement should be three Weeks after Midsummer and that it should be at London That Ten who should be chosen by the whole Community might come to the Parlement for the whole Community of Scotland and that the Keeping of the Nation should be as they had said They three Petitioned the King That those which were Elected to come to this Parlement for the Community might have their Charges and Expences born by them His Answer was 3 Ibm. f. 244. Rex vult c. The King Wills That those Ten who shall be chosen to come Those Commissioners to have their Expences born to the Parlement for the whole Community of Scotland shall have their Expences of that Community c. This Parlement was 4 Ibm. f. 503 Claus 33 Ed. 1. M. 13. Dors in cedula Prorogued from three Weeks after the Feast of St. John Baptist to the Feast of the Assumption of the Virgin Mary or 15th of August and from thence to the Octaves of the Nativity of the same Virgin or 15th of September 5 Ibm. Ibm. f. 279. at which time came the Scots Commissioners chosen by the Commonalty of Scotland * who met for that Purpose at Perth on the Morrow of Ascension the Bishops of St. Andrews and Dunkeldin the
Abbots The Names of those Scots Commissioners of Cowper and Menros the Earl of Bohghan Monsieur John de Moubray Mons Robert de Keth Mons Adam de Gurdan Mons John de Inchemartin Earl Patrick who was chosen by the Commonalty to be the Tenth came not and therefore by Command of the King Monsieur John de Monteith was assigned in his stead 6 Ibm. The Settlement of Scotland by those Commissioners and 20 English These with Twenty English there named Treated about the Establishment of Scotland and settled the King's Lieutenant or Guardian the Chancellor Chamberlain Judges and Sheriffs all by Name as well of those that were born in Scotland as English They likewise settled the Coroners the Castles and Constables of Castles They also ordered all things concerning the Laws and Vsages of Scotland concerning the Peace and Disturbers of the Peace and concerning the whole Government And the Title to this Record is Ordinatio facta per Dominum Regem super stabilitate Terrae Scotiae The Ordinance made by the King for the Establishment oâ— Scotland King Edward thinking himself safe by this Establishment The King accuseth the Arch-Bishop c. of Treason thought he had now a time to speak with the Arch-Bishop of Canterbury 7 Chron. Will. Thorn c. 2004. n. 50 60 c. and Antiqâ— Eccles Britan. from the Annals of St. Augustins in Canterbury f. 207. n. 10 20. whom he accused of a Confederacy with certain Earls and Noblemen to Dethrone him and keep him in Prison and Crown his Son Edward which when he could not deny being severely rebuked by the King he fell down at his Feet with great howling and much weeping beseeching Pardon calling the King his Lord which he never did before â—n Speech or Writing 8 Ibm in both So this Proud Man hated of God and Men who with his Pride had Blackened the Priesthood and Clergy of all England Sacerdotium Clerum per totam Angliam sua superbia deturpavit and Exercised an unheard of Tyranny over the People now taken by the King in his own Wickedness conscious of it and affrighted with the fear of Punishment as he lay prostrate on the Ground before the King committed himself and his Goods to his Mercy The King 9 Rot. Rom. 34 Ed. I. M. 10. Walsingh f. 91. n. 50. Mat. Wâ—stm f. 454. n. 10. A. D. 1306. The King prosecutes him before the Pope who suspends him c. Complains of him to the Pope and prosecutes him before him for disturbing the Peace of the Kingdom and causing often Commotions in it defending and incouraging Rebels and intending to Disinherit him for which Crimes at the Instance of the King he was cited by the Pope to his Court and was there suspended from the Execution of his Office ab executione officii sui temporalium atque spiritualium administratione suspensus est whilst he should purge himself of what was objected to him by the King Upon this Suspension the 1 Rot. Rom. 34 Ed. I. M. 5. n. 9. Pope deputed certain Persons to administer the Spiritualities and Temporalities of the Archbishoprick and receive the Profits to his Use As to the last the King 2 Ibm. The same Letter dated at Brudele in Marchiâ— Scotiae Sept. 7. The King would not permit the Pope to re-appoint Receivers of his Temporalities during the Suspension of the Arch-Bishop wrote to him it was to the manifest prejudice of his Crown and Dignity and therefore he had caused them to be seised as he might lawfully and was bound to do by his Royal Right and according to the Custom of the Kingdom Yet tho' the Profits of the Temporalities belonged to the Crown during the Suspension for the particular Affection he had to his Person he was willing and granted that the Guardian thereof should pay them to such as he should assign to receive them Not long after the last Parlement and the Establishment of Scotland made therein and agreed unto by the Scots Commissioners the King made these his Letters Patents according to the former Covenants and Agreements made between Richard Earl of Vlster Aymer de Valence Henry de Percy John Benstede and John Comyn c. in February preceding EDward by the Grace of God King of England Lord of Ireland Râ—yley's Placita Parliam f. 366. Letters Patents for the Establishment of Scotland and Duke of Aquitain to all those that shall see or hear these Letters Greeting For the perpetual Memory of things under-written we let you understand That the People of Scotland after they were in our Homage and Ligeance and bound to us by Oath of Fealty and by their Charts or Writings as strongly as we or our Councel knew how â—â— order and direct by evil Counsel rose and made War against us committing Robberies Burnings Murders Felonies and many other Evils and Mischiefs according to their Power in Scotland and in England contrary to their Homages Fealties and Ligeances aforesaid And afterwards many of them returned to our Faith and Obedience and were received to our Peace and Will and at last John Comyn Lord of Badenagh and the others of his Party came also and were received a nostre pees a nostre foi to our Peace and Faith so as for their Ransoms and Amends for their Trespasses and Outrages only against us and for the Establishment of Scotland esteuessent a nostre ordinance a nostre volunte they should be at our Ordinance and Pleasure We notwithstanding these Contempts Trespasses Outrages and Disobediences of the People of Scotland towards us have been so great and heavy as there cannot sufficient Amends or due Satisfaction be made for them at any time as they themselves acknowledge tho we cannot suffer such Crimes to pass without some Punishment yet seeing those People have behaved themselves well and loyally since our last being in those Parts and for the Hopes we have of their good Behaviour and Service for the future willing to do them special Grace Have granted and do grant their Lives and Limbs shall be safe and that they shall be free from Imprisonment and not Disinherited saving to us always the Lands Tenements and Lordships the Demeasns and Appartenances of the Royalty of Scotland which John Baliol late King thereof gave away and alienated to do our Pleasure with them And we Pardon and Release to the People aforesaid that have submitted and received our Peace and our Faith the Crimes committed against us the Anger Rancour and all manner of ill Will we any ways had against them so as they shall be bound to pay what is ordered by us and our Council solonc nostre dit dictum nostre pronunciacion que sensuent en cest form according to our Decree and Determination which follow in this Form First We Order and Decree that John Comyn and the others The Articles of that Establishment with him which shall come to our Peace and
That if he or they should ever be in War against him or How and in what manner he bound himself to be true and faithful to him and his Heirs them or Ayding or Advising any of their Enemies secretly or openly that then their Bodies Lands Tenements and all they had or could have should from that time be forfeited to the King and his Heirs in such manner as neither he nor his Heirs might claim them at any time And further he Granted for him and Heirs That if at any time it should happen they should be against the King or his Heirs as aforesaid That the Arch-Bishops Bishops or any other Prelates of England or Scotland as many and such as the King or Heirs would without Cognisance of the Cause or any manner of Admonition Warning or Contradiction of any one might give the Sentence of Excommunication against him and his Heirs and put all his Lands under Interdict In Witness whereof he Sealed these Letters Patents A. A. 1306. 34 Ed. I. in the Priory of Canons at Lanercost 23d of October A. D. 1306. and of the King's Reign the 34th Done in the presence of five Barons two Knights and four Clerks with Two Publick Notaries allowed by the Pope to attest it On the 3d of 1 Claus 34 Ed. I. M. 2. Dors A Parlement for the setling of Scotland and Business concerning the State of the Kingdom November being then at the Priory of Lanercost in the County of Cumberland near Carlisle the King issued his Writs of Summons for a Parlement to meet at that City on the Octaves of St. Hillary or 20th of January This Parlement was called for the Settling and Establishment of Scotland and for other Business concerning the King and the State of the Kingdom as appears by the Writ What was done concerning Scotland I find not the Business of the Kingdom was besides the hearing many Petitions and dispatch of much private Business the great Oppression of Churches and Monasteries 2 Stat. of Carl. Riley's Placita Parl. f. 312. Cok. 2. Institut f. 580. The chief Business of the Kingdom was to prevent the Tallage and Tribute imposed upon English Monasteries by Foreign Abbats The Oppression of Monasteries as was shewed by the grievous Complaints of the Great and Noblemen arose from the imposition of Tribute by their Superiors as then called from beyond the Seas as especially by the Abbats of the Orders of Cisteaux Clâ—ny Praemonstratum of St. Augustin and Benedict who under pretence of visiting them here in England as being the Heads of their Orders imposed upon them divers grievous and importable Tallages Rents and Tributes contrary to the Laws and Customs of the Kingdom by which means what had been Charitably given to Pious Vses and for the increase of Divine Worship was turned into a Wicked Tribute not pleasing to God in censâ—m Reprobum est conversum wherefore by the Advice of the Earls Barons Great Men Chief Men and other Noblemen and the Communities of his Kingdom in his Parlement at Westminster in the 33d year of his Reign Ordained in that Parlement That no English Abbats c. should pay Taxes or Tallages to Forreign Houses or Abbats he Ordained and Determined That no Abbat Prior Master or Guardian or any other Religious Person of what State Condition or Order soever he was under his Power and Dominion should pay any Rent Tallage Tribute or Impositions charged upon them by their Superiors the Abbats Priors Masters Wardens of Religious Houses or Places or agreed between themselves Nor that they should go beyond Sea to visit such Monasteries or under any pretence whatsoever so as the Goods or Revenue of their Monasteries might any way by Exchange or Merchandize be conveyed out of the Kingdom upon pain of grievous Punishment to such as should do contrary to this Statute in contempt of the King's Prohibition Further the King inhibited all and singular Foreign Abbats Priors The King's Inhibition to Foreign Abbats c. to Exact such Contributions Masters and Wardens of Religious Houses under whose Subjection and Obedience the Houses of the same Order were in his Dominions that they should not impose any Payments or Burthens upon them under forfeiture of all they had in his Dominions or could forfeit for the future Yet by these Statutes and Ordinances it was not the King's 3 Riley â—t supra f. 314. The King intended not by that Institution to extinguish the Visitation of those Monasteries c. intention to exclude the Abbats Priors and other Forreign Religiose from the Office of Visiting only in those things which belonged to Regular Observance and the Discipline of their Order provided that such Visitors took nothing from the Monasteries Priories or Houses they Visited or carried any thing out of the Kingdom but their moderate and reasonable Expences These Ordinances and Statutes 4 Ibm. tho they were made in the 33d of Edw. I. as abovesaid yet the Publication of them was suspended until this Parlement at Carlisle that they might proceed with more Mature Deliberation after which and a full Debate with the Earls Barons aliis Nobilibus Communitatibus The King Ordains and Determines in making a Law Regni sui and other Nobles and the Communities of his Kingdom by their Unanimous Consent Ordinavit Statuit he Ordained and Determined this Statute should take place from the First day of May next coming And sent it to all the Sheriffs in England to be published 5 Ibm. as a Law made for the common Benefit of the People and Melioration of the State of the whole Kingdom Ad Communem populi utilitatem totius Dominii nostri meliorationem Witness the King at Carlisle the 20th of March in the 35th of his Reign 35 Ed. I. The other great Business was the Consideration of the 6 Append. n. 39. Petitions of the Nobility against the Exactions of the Pope Petitions exhibited by the Earls Barons Great Men and Community of the whole Kingdom of England for the State of the Crown of the Lands of Scotland Wales and Ireland and the whole Community aforesaid concerning divers new intolerable Grievances Oppressions Injuries and Extortions done to and brought upon the Earls Barons Great Men and Community by the Authority and Command of the Pope and by Mr. William Testa his Clerk or And his Clerk William de Testa Nuncio or by his Commissaries Ministers or Vicegerents in his Name The Articles or Heads 7 of the Petitions were First The The Articles of the Petitions Extravagant Number of Provisions of the best Spiritual Preferments given to Italians other Forreigners and Non-Residents to the great prejudice and disinheritance of the Founders Benefactors and their Successors and to such as had the Right of Advowson and the Gifts of such Preferments Secondly The Rents and Revenues of Religious Houses which the Pope intended to apply to the use of divers Cardinals Thirdly
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
less than a Month after the Death of Henry the Third King Edward being in the Holy-Land the Guardians of the Kingdom and Council in his Name by their Proctors made publick 2 Append. N. 44. Protestation for the Vindication of the Prerogative and Rights of his Crown against these Provisions before they Granted the Temporalities 3 Ibm. shewing That Cathedral Churches when void ought of Right and Custom and were wont to be filled by the Canonical Election of the Chapter the King 's Leave having been first asked and obtained And that after the Election the Elect ought to be presented to the King That he might object against him if he had any thing reasonable to propound against him and that it seemed to the King and his Council a great Prejudice to him and the Church of Canterbury whose Patron and Defender he was especially if this should be made an Example in other Churches That the Pope omitted these Vsages where there could not be found any Fault either in the Matter or Form of the Election nor so expressed in his Letters of Provision yet should assume a Power of Supplying Vacancies with Bishops Whence lest for the future the Roman Church should proceed to do the like or if it should do it That the King might not receive Prejudice or be bound to restore the Temporalities of the Churches the King of his especial Grace granted them to this Man and then Iterus Bernard his Procurator and Clerc made Protestation in his Name and stead That this Grant of the Temporalities should not be drawn into Example for the future This Protestation was made and Read at Westminster in St. Stephen's Chapel on the Vigil of St. Lucy the Virgin i. e. December 12th in the presence of Friar Robert â—e â—dwarde by the Elect by the Monks afterwards in compliance with the Pope or under a Pretence to Preserve their own Right and of the Bishop of Eâ—â—â—ster Walter de Merton Chancellor of England John de Chistâ—â— Dean of St. Pauls R. Burnel Arch Deacon of York and many others A. D. 1272. And on the same Day the 4 Pat. 1. Ed. 1. M. 20. intuâ— Temporalties having had sufficient Testimony of his affection to the King and taken the Oath of Fealty to him for that Time out of his especial Grace were Granted by his Lieutenant or Guardians of the Kingdom After six years 5 Antiqu. Brit. f. 192. n. 20 30. A. D. 1279. this Archbishop was made Bishop of Porto in Italy and Cardinal and then Abdicated his Archbishopric upon whose Cession pretending it was his Right so to do notwithstanding the Monks had Elected the Bishop of Bath and Wells then Chancellor of England and the former Protestation The Pope made John Peckham another Preaching Friar-Minor Archbishop and Consecrated him at Rome He was born in Sussex of Obscure Parents and had his first Institution in the Monastery of Lewis The Archbishops Bishops and Clergy endeavouring to put in practice the Canons of Boniface made at 6 Compleat Hist of Engl. f 668. Merron 42 Hen. 3. A. D. 1258. and the Provincial Constitutions of the same Boniface at 7 Spelm. Concil Vol. 2. f. 305. Lambeth 45 of Hen. 3. A. D. 1261. This Archbishop in the 7th of this King on the Third of the Calends of August or 30th of July A. D. 1279. 8 Ibm. f. 320. 323. called a Council of his Suffragans at Reading in which several Sentences of Excommunication were enjoined to be Published 9 Append. N. 45. which so Troubled the King that he convened the Archbishop in his Parlement at St. Michael next following wherein he made an open Revocation of such as pleased him not and were against the Rights of his Crown In the 8th of King Edward this Archbishop and his Suffragans intending to hold a * Spelm. Vol. 2. f. 327. Council at London the King fearing by their late Canons and Proceedings at Reding they might presume to Constitute something therein against his Crown and Dignity 1 Append. N. 46. appointed Roger le Estrange and Hugh Fitz-Otto Steward of his Houshold his Commissioners to go to them and appeal against such Proceedings Next Year he called a 2 Spelm. Ut supra f. 328 Council at Lambeth but the King suspecting the Loyalty of the Archbishop and Bishops directed his 3 Apprend N. 47. Writ to them Commanding them upon their Oaths of Fealty they had all taken to be Faithful to him and Defend his Rights and the Rights of his Kingdom as much as they could and enjoined them by Virtue of their Oath and under pain of losing the Temporals they held of him that they should in that Council do nothing against him his Kingdom and the Rights or Laws which his Predecessors and he had used by ancient and approved Custom nor to do assent to or attempt any thing against them Notwithstanding this Inhibition the Review the Council of 4 See Church Affairs in time of Hen. 3. Spelm. Conc. Tom. 2. f. 329. Lambeth holden under Boniface the then Archbishop to see how far it was suspended by the King's Appeal to the Pope about it and notwithstanding his Revocation of some of the Canons and Sentences of Excommunication made at Lambeth and renewed at Reding about two years before in open Parlement he renewed them again in this Council as 5 Ibm. f. 334. Linwood Constitutiones Provinciales in fine f. 30. That against such as procured or obtained Prohibitions against Proceedings in Spiritual Courts That against the Infringers and Opposers of Ecclesiastic Liberty That against such as took any thing out of or from the Houses Mannors or Lands of Ecclesiastic Persons against their Wills That against such as took or removed any Persons or Goods out of Sanctuary and hindered any Victuals to be brought to such Persons and Lastly against such as Denied to execute the King's Writs for taking the Excommunicates or hindered the taking of them or unjustly procured their Liberty This Council ended 6 Spelm. Concil Tom. 2. f. 341. on the Sixth of the Ides or 10th of October and he wrote the King a Letter about 7 Ibm. Church-Liberty not long after wherein he tells him That for a long time and very anciently there had been great Dissention between the King and Great Men of England and the Archbishops Bishops and Clergy of the same concerning the Oppression of the Church against the Decrees of Popes the Constitutions of Councils and Sanctions of Orthodox Fathers in which the Bighest Authority the greatest Truths and Sanctity did consist and therefore beseeched the King there might be an End put to those Dissentions which could not otherwise be then by his being inclined to close with those three things from which the Canons were Collected and to submit his Crown to the Crown of Christ for that the Ecclesiastic or Church-Liberties were the Jewels of his Spouse He tells him further That
by the Express Precept of the Law he was bound to obey the Pope That the Determination of every Controversie that could not be Determined by inferior Judges belonged to him That Catholic Emperors submitted all their Laws to the Holy Canons and therefore he ought to submit his Laws and abolish all such as were contrary to to them Lastly he told him no Oath could bind to the Keeping or Performance of such things as were Repugnant to Ecclesiastic Liberty and if he had taken any that might any way excite his Conscience against the Church he would absolve him from it and concludes That he firmly believed he could not provide for the safety of his Soul or the stability of his Kingdom unless he closed with what he Propounded The Epistle is Dated at Lambeth the 4th of the Nones or Second of November 1281. in the 9th of Edw. 1. But this Epistle prevailed not upon the King nor ended the Controversies about the Regalia or Royal Rights of the Crown and Liberties of the People between the Secular and Ecclesiastic Powers whatever the Pretences of the Archbishops Bishops and Clergy were for the Advancement of Holiness and Religion the Design was Dominion whether the King or They should have most Power For from the first to the last Year of his Reign they endeavoured to Incroach and Usurp upon the Temporal Jurisdiction notwithstanding all Prohibitions Attachments Informations and Suits against them the Records of which would swell into a Volume if they were all Collected from those in the Tower only of this King's Reign and always when the King's Necessities urged him or that he was Fatigu'd with or Disappointed in his Wars they took the Advantage of promoting Ecclesiastic Liberty which was any thing they called so against the Rights Royalties and Prerogative of the Crown and never wanted Ambitious Designing Discontented and Poor Noble and other Military Men or Gentlemen who had made themselves so by their own Luxury and Debauchery and pretended to what was then called Sanctity and seemed to be more Holy and Religious than others to join with and assist them in hopes to make themselves Great and repair their Broken Fortunes or succeed in the Places of others and become Governours and Regulators of the Nation and Ministers of State under the Church-Power Taxes in this KING's Reign IN the 4th of his Reign the King in Parlement had a Fifteenth Pat. 4. Ed. I. M. 6. A. D. 1276. Granted him by the Earls Barons Great Men and Community of the Kingdom and by the Arch-Bishop of Canterbury and his Suffragan a Subsidy of their Goods not said how much as a Free Gift only not to be urged or drawn into Example In the 5th of his Reign the Laity Gave him the 12th Part of Wals Hist Angl f. 48. n. 20. their Goods toward the War in Wales In the 11th of his Reign again toward the War against the Ib. f. 51. n. 40. Communia de Term. Trin. 12 E. I. Rot. 6. Dors penes Rememâ—rator Thesourii Inter Comunia de Termino S. Mich. Rot. or n. 5. Welsh the Laity Gave him a 30th Part and the Clergy a 20th Part of their Goods Conceditur a Populo in Subsidium Werrae suoe Tricesima à Clero Vicesima pars Bonorum suorum In the 18th of his Reign he had a 15th of all their moveable Goods Granted by the Arch-Bishops Bishops Abbats Priors Earls Barons and all others of the Kingdom or Government as appears by the Chequer-Roll in the 19th of Edward-I with the King's Remembrancer In the 22d of his Reign the Prelates and Clergy Granted the Inter Recorda de Trin. Term. 22 Ed. 1. Rot. v. l. n. 68. with the King's Remembrancer Mediety or half of their Benefices and Goods to be taken a 3d Part at the Fast of All-Saints next coming a second 3d Part 15 Days after Easter and the third 3d Part 15 Days after St. John Baptist then nextcoming In the same Year at a Parlement or Council holden on the Claus 22 Ed. I. M. 6. Dors de militibus Eligendis Mittendis ad Concilium 12th of November or Crastino S. Martini at Westminster when Four Knights were summoned from every County to consult and consent to such things as the Earls Barons and Great Men should Ordain for themselves and whole Communities of the Counties Upon the same day they met viz. Novemb. 12. they gave the King a 10th Part of all their moveable Goods c. as Hat 22 Ed. I. M. 2. in Cedula appears by the Writ or Commission for Appointing Assessors Taxors and Collectors for the same Tenth Teste Rege apud Westmonast 12 die Novemb. Anno Regni sui 22. And in the same Month after the 16th Day thereof the Guardian Inter Record de An. 23 Ed. I. n. vel Rot. 73. de sexta parte Regi Concessa in Lond. with the King's Remembrancet Sheriffs Aldermen and whole Community of the City of London Granted a 6th Part of their moveable Goods as a Subsidy toward his War The Writ or Commission by which the Taxors and Collectors were appointed bears Date Novemb. 26. 23 Ed. I. In the same Month and about the same time of it there were Ib. in the same Year and Roll. Commissioners appointed to ask require and effectually induce in Person the Men of all his Demesne Cities and Towns in all the Counties of England by all ways they should see expedient to grant a 6th Part as London had done that it might shew Example to others of his Demeasn Towns A Parlement summoned to meet the Sunday after St. Martin Claus 23 Ed. I. M. 4. Dors de Parliamento tenendo Ib. M. 2. Dors de Parliamento prorogando Pat. 24. Ed. I. p. 1. M. 22 de undecima septima Regi Conces Levand Colligend or 11th of November the Writ bears Date Tertio die Octobris It met not then but was Prorogued before meeting to the Sunday before St. Andrew or 30th of November by Writ dated Novemb. 2. at Odmer The Clergy in this Parlement Gave the King a Tenth the Earls Barons Knights alii de Regno nostro others of Our Kingdom or Government Gave an Eleventh and the Citizens and Burgesses and other Good Men of his Demeasns Gave him a Seventh of their moveable Goods And the Warrant for the appointment of the Taxors and Collectors bears date Decemb. 4. In the 24th the Earls Barons Knights et alii de Regno Inter Comunia de term S. Mic. An. 25 Ed. I. Rot. vel n. 5. penes Remem Regis in Scaccario Mat. West f. 428. n. 20. 30. This Parlement was held at Cro. animarum 24 Ed. I. St. Edmunds-Bury Claus 25 Ed. I. M. 6. Dors f. 74. n. 10. gave a 12th Part the Citizens Burgesses and Tenants of his Demeasns gave an 8th Part. The Clergy gave nothing by reason of an Inhibition the Arch-Bishop had obtained from Pope Boniface
which Inhibition or Bull he caused to be published at this time in all the Cathedrals See more of this matter in the History In his 25th Year he had an Eighth of all the Laity and a Tenth of the Clergy for the Confirmation of the Great Charter and the Charter of the Forest Walsingham in his History says the Laity gave a Ninth which agrees not with the Close Roll which says an Eighth the Clergy of the Province of Canterbury gave a Tenth and the Clergy of the Province of York a Fifth In the 29th of his Reign upon his Confirmation of the Perambulations Rot. Peramb Forest 29 Ed. I. in Turre of the Forests the Laity gave them a Fifteenth of their Moveables in the Parlement held at Lincoln which they should have at Michaelmas next coming Robert Arch-Bishop of Canterbury would grant nothing for the Clergy without the special Licence of the Pope In the 32d of his Reign being then in Scotland as appears Pat. 32 Ed. I. in Xedula by the Dates of the Commissions at Dunfermlyn and Strivelin to several Commissioners to Tax or Talliate or assess Tallage in Cities Burghs and his Demeasns in Cities and Burghs either Ryley's Placita Parliament f. 246. 264 265. Capitation by Poll or in Common according to their Faculties and Wealth as it might turn most to his Advantage And in the 33d Year the Arch-Bishops Bishops Prelates Earls Barons and other Tenants of his Demeasns petitioned in the Parlement holden on Sunday next after the Feast of St. Matthew the Apostle at Westminster that they might have leave to Talliate their Tenants of the same Demeasns as he Talliated them and it was granted About this time he had a Fifteenth granted to him Ibm. f. 260. In the 34th Year the King intending to Knight his Son summoned Inter Comunia Brevia de Term. S. Trin. Anno R. R. Ed. I. 34. Rot. vel n. 40. penes Remem Regis in Scaccar the Arch-Bishops Bishops Abbats Priors Earls Barons and other Great Men to be before him and his Council on the morrow of Holy Trinity to Treat of and Grant an Aid upon that Occasion He also sent to all the Sheriffs of England to cause to come before him and his Council Two Knights of every County and of every City Two Citizens and of every Burgh One or Two Burgesses as the Burgh was greater or lesser c. These same Prelates Earls Barons and other Great Men and Ibm. also the Knights of Shires Treating deliberately upon this Matter and considering there was an Aid due as aforesaid and that many Burthens were incumbent upon the King by reason of his War in Scotland unanimously Granted to the King for themselves and whole Community of the Kingdom a 30th Part of all their Temporal moveable Goods c. for a competent Aid toward the Knighthood of his Son and also for an Aid toward his Expences which he was to be at in the War Also the Citizens and Burgesses of Cities and Burghs and others Ibm. of the King's Demeasens assembling together and treating about the Premisses considering the Burthens incumbent upon the King c. unanimously Granted unto him for the Causes abovesaid a 20th Part of their moveable Goods c. The Issue of Edward I. BY his First Wife 1 Sandford's Geneal Hist f. 130. 138. Elianor Sister to Alphonso King of Castile and Daughter of Ferdinand III. and only Child by Joan his Second Wife Daughter 2 Wals f. 48. n. 40. Mezeray f. 319. A. D. 1279. and Heir of John Earl of Pontive or Ponthien he had John his Eldest Son who died young By her also he had 3 Wals Hypodigma Nustriae f. 499 n. 20. Sandf ut supra f 138. Henry and Alphonso who both died young and before their Father His Fourth Son by her was Edward born at Caernarvon in Wales called therefore Edward of Caernarvon on St. Mark 's Day April 25. 4 Wals Hist 52. n. 10. in the 12th Year of his Reign A. D. 1284 who succeeded him by the Name of Edward II. By this Queen 5 Sandf ut supra f. 139 140 141 c. Wais Hypod. Neustr 499. he had Nine Daughters Elianor married to the Earl of Barr in France Johan of Acres or Acon in the Holy Land so called because there born first married to Gilbert of Clare Earl of Glocester and afterwards to Ralph Monthermer without her Father's Consent The Third Margaret married to John Duke of Brabant Berenger and Alice the Fourth and Fifth died in their Childhoods the Sixth Mary a Nun at Amesbury the Seventh Elizabeth married to John Earl of Holland Zealand and Lord of Friesland who died without Issue and she was afterwards married to Humphry de Bohun Earl of Hereford Beatrix and Blanch * Sandf ut supra f. 144. the Eighth and Ninth died in their Childhoods Issue by his Second Wife Margaret Sister to the King of France Daughter to Philip III. Surnamed the Hardy Thomas de Brotherton 6 Sandf ut supra f. 205. born at a small Village of that Name in Yorkshire from whence he was so called on the 1st of June A. D. 1300. he was created 7 Dugd. Bar. Part 2. f. 63. from Chart. 6. Ed. 21. n. 30 31 32. Earl of Norfolk by his Half-Brother King Edward II. Decemb. 16. in the 6th Year of his Reign and had then Granted unto him all the Castles Mannors and Lands in England Wales and Ireland which Roger Bigod lately possessessed except those his Widow had in Dower and in the 9th of the same King was 8 Ibm. from Cart. 9. Ed. II. n. 32. made Earl-Marshal of England Edmond 9 Ibm. f. 92. of Woodstock born there on the 25th of August A. D. 1301. and was created Earl of Kent in the 15th of Edw. II. Elianor his 1 Sandf ut supra Tenth and only Daughter by this Queen died in her Childhood A CONTINUATION Of the Compleat History of England c. King EDWARD the Second AFter the Death of Edward the First on the 7th of July 1307 his Son Edward the Second succeeded him being about the Age of Twenty three years and Seven Weeks after his accession to the Crown he summoned a Parlement by his 1 Cl. 1 Ed. II. M. 19. Dâ—rf A. D. 1307. Writs dated August 26th to meet at Northampton on the Quinden of St. Michael or 13th of October 2 Ibm. A Parlement summoned concerning the Burial of his Father his own Marriage and Coronation and other Arduous Business touching the State of the Kingdom but what was done in this Parlement more 3 Fol. 96. n. 10. Not well known what it did Walsingham tells us That the Money which would scarcely pass amongst the People in his Father's Life-time was made current after his decease under the Pain of Losing Life and Member and that the * Cl. 1 Ed. II. M. 12. intus Clergy Citizens
and Burgesses gave their new King a Fifteenth part of their Goods and the other Laicks a Twentieth I find not what was further done here in England in the first Five months of his Reign other than That his great Favourite Peirs de Gaveston returned into England his 4 App. n. 43. Peirs de Gavesion returned into England Exile and the Obligation of his Oath not to come over unless recalled by or had Leave to come from King Edward the First having been both determined by his Death And also the Oath which King Edward made when Prince of Wales at the same 6 Ibm. time That he would not Receive or Retain him without the Leave of his Father How long he had been in England and how long Earl of He is made Earl of Cornwall and Guardian and Lieutenant of the Kingdom Cornwall before the 26th of December in the first year of King Edward's Reign I have not seen On that day being at Westminster he made him by the Name and Title of Peter de Gaveston Earl of Cornwall his 7 Append. n. 48. Guardian and Lieutenant of the Kingdom for the better Conservation of the Peace and Quiet thereof while he should be beyond the Seas or during his Pleasure And on the 18th of January following being then at Dover 8 Ib. n. 49. The great Power given to him he gave him Power to grant Licences of choosing Pastors of Cathedral and Conventual Churches to take their Fealties when Elected and Confirmed and restore the Temporalities to give Prebends and vacant Benefices which were of his Collation or Presentation and dispose of Wardships and Marriages which might happen in his absence On the 19th of January he 9 Cl. 1 Ed. II. M. 11. Dors summoned a Parlement to meet at Westminster on the first Sunday in Lent being then at Dover but of it there are no Memoires in the Tower or other-where that I have seen Then the King passing over Sea on the 28th of the same month was 1 The. de la Moor f. 593. n. 10. Married to Isabel Daughter of Philip the Fair King of France at Bologne with wonderful Pomp and Celebrity there being at the Solemnity Four Kings and Three Queens besides the Bride and returning into England they were both 2 Cl. 1 Ed. II. M. 10. Dors Crowned at Westminster on the 24th of February where the Earl of Cornwall excelled all the Company in rich Cloaths and Ornaments and carried the Royal Crown 3 Ib. de la Moor ut supra n. 20. before the King which much increased the Envy of the Nobility against him He was the 4 Son of a Gasconian Knight who had done Who Peirs Gaveston was 4 Frier John Trokelow's Annals of Ed. II. f. 192. col 2. â— in Biblioth Cotton Claudius D. 6. Edward the First great Service in the Wars of that Country and in respect thereof he ordered him to be Educated with his Son the Prince which made the great familiarity between them Sir Tho. de la Moor Servant to Edward the Second gives him this Character 5 That he had a fine Body was of a quick and sharp Wit curious in his Behaviour and sufficiently Skilful 5 Ut supra in Military Affairs which appeared as he says by his Management of and keeping in due Subjection the Scots when he commanded the English Forces in that Kingdom for which he was envied by those who saw his happy Success By reason of the King 's extravagant Favours toward and in The Nobility much moved by the King's favour to him conferring Honours and Lands upon him especially after he had Married his Niece Margaret Sister to the Earl of Glocester with his receiving him into so great Intimacy and making him Chief Minister as may be supposed according to the Report of all our Historians the Nobility were much moved who pressed and advised the King he might avoid the Realm which not being done so soon as was expected the King declared 6 Pat. 1 Ed. II. M. 10. to all such as should see or hear his Letters Patents That for no cause whatever he should be permitted to stay in England longer than the Morrow of St. John Baptist according as it had been advised by the Prelates Earls and Barons and agreed to by himself Given at Westminster the 18th day of May. Accordingly he was sent into Ireland and made the King's He is made the King's Lieutenant in Ireland 7 Pat. 1 Ed. II. M. 3. in Cedula An. D. 1308. Lieutenant there to Direct and Act in all things in his Name as if he had been himself there present Witness the King at Reding 16 die Junii But long he stayed not there for in the Second year of the King he procured a Tournement to be proclaimed at 8 Walsingh f 96. n. 50. A. D. 1309. The Nobility contrive how to destroy him Waling ford and called thither so many Military Men out of Foreign Parts that he insulted over the English Nobility who came to meet them amongst whom the chief were Thomas Earl of Lancaster Humphry de Bohun Earl of Hereford Aymer de Valence Earl of Pembroke and John Earl of Warren and Surry who being much displeased and hardly bearing the Pride of Gavestan and the Reproach they received every day considered and contrived how they might destroy him De die in diem quomodo Petrum perderent cogitabant The Prelates Earls and Barons taking advantage of the King 's continued Exorbitant Kindness to him and heaping upon him so great Riches and Estates to the disadvantage of the Crown and lessening the Revenues thereof and the great Power he had with him and being thereby as may probably be concluded the great Obstacle to the Execution of their Designs formed against They press the King to give them a Commission to choose Ordainers to make Ordinances for the Government of his Houshold and Kingdom the King's Father and himself were impatient till they had removed him never to return again and to do this they daily pressed the King to give them Authority to choose such amongst them that might have Power to make Ordinances for the Government of his Houshold and Kingdom which at length they obtained and had this Grant or Commission for the making of them THE 9 9 Append. n. 50. A. D. 1309. 3 Ed. II. The Commission for that purpose King to all those who shall see or hear these Letters Greeting Whereas to the Honour of God and for the good of us and our Realm we have of our free Will granted to the Prelates Earls and Barons of our Realm that they may choose certain Persons of the Prelates Earls and Barons and others whom they think fit to call to them during the time of their Power that is to the Feast of St. Michael next coming and from that Feast for a year next following to Ordain and Establish the Estate of our Houshold
of his Baronage in Parlement until his Debts were paid and his Estate advanced they should be null and the Procurer punished in Parlement by award of the Baronage 8. For that it had been at other times Ordained That the Customs Issues and Profits of the Crown should be received by the People of the Realm and not by Strangers and paid into the Exchequer for the Maintenance of the King's Houshold c. and it had not been done as Ordained therefore it was Ordained again it should be so 9. And for that the King ought not to undertake to make War against any one or go out of the Realm without the common Assent of his Baronage for many Dangers that might happen to him and his Realm it was Ordained That afterwards the King should not go out of his Kingdom or make War against any without the common Assent of his Baronage and if he should do otherwise and cause his Service to be summoned the Summons should be null and void And if it should happen the King should make War against any or go out of the Kingdom by Assent of his said Baronage and that it should be necessary to appoint a Guardian of the Realm he ought to be appointed by common Assent of his Baronage in Parlement 10. That there be no Prises or Takings for the King but such as are due of ancient Right that none under colour of Purveyance take to the use of the King or other any Corn Goods or Merchandise of any one against his Will or with his Will according to * Cap. 19. Magna Charta without paying the true Value for it under pain of being pursued by Hue-and-cry and if taken committed to the next Gaol and undergoing the Common Law as a Thief and Robber 11. That no new Customs or Maletolts levied sinee the Coronation of Edward I. or Inhancement of the old be taken of Merchants notwithstanding the Charter made by him to the Merchant Strangers against the Great Charter the Franchises of the City of London and without the Assent of the Baronage c. 12. To the Honour of God and of Holy Church it was Ordained against such as should maliciously procure Prohibitions and Aâ—eachments against the Ordinaries of Holy Church in case of Correction of Sin and other things purely Spiritual which belonged not to the Lay Court That the Justices should award Damages to the Ordinaries and if the Plaintiffs had not wherewith to pay them they should be committed to Prison so long as the Grievance miliciously procured should require saving the Estate of the Kingand Crown and other Right 13. That because the King had been Guided and Counselled by Evil Counsellors therefore it was Ordained all Evil Counsellors should be removed from the King that neither they nor any such should be near him or hold any Office under him and that other fit Persons should be put in their Places and in like manner it should be done to his Menial Servants and the Officers of his Houshold 14. For that many Evils happened by such Cousellors and Ministers it was Ordained That the King should make the Chancellor Chief Justice of one Bench and the other Treasurer Chancellor and Chief Baron of the Exchequer Steward of his Houshold Guardian of the Wardrobe Comptroler and a sit Clerk to keep the Privy Seal the Justices of the Forest on this side and beyond Trent the Escheators on this side and beyond Trent and the Chief Clerk of the Common Bench â—y 〈…〉 be Advice of vs Baronage in Parliament and if it should happen and be necessary to chuse any such Officers when there was no Parliament then the King should do it by the Advice he had about him until there should be a Parlement And so it should be for the future concerning such Ministers when need required 15. That all Governours of Ports and Castles upon the Sea be placed and made according to the Form abovesaid 16. And for that the Nations of Gascoigne Ireland and Scotland were in danger to be lost for want of Good Ministers it was ordained That Good and Sufficient Officers should be placed there according to the Form of the 2d Article next above that is the 14th 17. That Sheriffs be from thenceforth made by the Chancellor and Treasurer and such of the Council as shall be present and if the Chancellor be not present then by the Treasurer Barons of the Exchequer and Justices of the King's Bench that such should be chosen only as had Lands to answer the King and People for their Doings and no others to have Commissions under the Great Seal 18. That the Guardians and Officers of Forests receive just Trials for their Grieving the People Oppressions and Misdemeanours and be removed from their Offices notwithstanding they have Grants for their Lives 19. Directs the manner of Trial of Trespasses of Vert and Venison c. in the Forests according to the Charter of the Forest and Declaration of King Edward I. which is there recited 20. For that by the Examination of Prelates Earls Barons Knights and other Good People of the Realm it was found that Peirs de Gaveston had evilly Counselled the King and had inticed him to do ill in divers manners That he cheated the King of his Treasure and sent it beyond Sea That he accroached to himself Royal Power and Dignity in making Alliances with People upon Oath to live and die with him against all Men That he put from the King Good Officers and placed about him those of his Covin and Party as well Strangers as others That he estranged the King's Heart from his Liege People so as he despised their Counsels That he caused the King to grant Lands Tenements and Offices to himself and his Heirs and divers other People to the great Damage and Injury of the King and his Crown That he caused Blank Charters to be sealed with the Great Seal in deceit and disinheritance of the King and Crown That he maintained Robbers and Murderers causing the King to pardon them That King Edward the Father of the present King ordered him to forswear the Realm of England and directed that his Son the present King should for ever forswear his Company and for several other Reasons as the Nourishing of Concord between the King and his People and the Eschewing of many Perils and Discords it was Ordained the said Peirs should for ever be exiled out of England Scotland Wales and Ireland and all the King's Dominions either on this side or beyond the Sea between that time and the Feast of All-Saints next following having Dover assigned him for his Port to pass from and no other and if he should be found in England or any other part of the King's Dominions beyond that Day then he should be treated as an Enemy to the King Kingdom and People 21. That * This Emeric and those of his Company were a Society of Merchants by the name of the Society of
Merchants of Friscobald's of Florence who Rented the King's Customs of Wooll Wooll-fells and Leâ—ther and had done so in the Ed. I. Paâ— 35. Ed â— M. 17. Dors Emery and those of his Company of Friscomband should render an Account of the Treasure he had received as he was ordered within the Quinden or 15 days after St. Michael or the Bodies and Goods of that Company which were found in the Power of the King should be arrested and Emery declared and holden the King's Enemy and used as such if he was found in the King's Power on this side or beyond the Sea 22. For that Monsieur Henry de Beaumont to the Damage and Dishonour of the King had received of him the Kingdom of Man after it had been Ordained otherwise by the Ordainers and other Rents Lands Franchises and Offices and procured for others Lands Rents Tenements Franchises and Offices against such Ordinance And for that he gave evil Counsel contrary to his Oath it was Ordained he should be outed the King's Council for ever and not to come near the King unless he were summoned to Parlement or in War if the King would have him or by common Assent of Arch-Bishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seized into the King's hands until he should be satisfied the full Value of what he had received of those Lands given him by the King contrary to their Ordinance and if he contended against this Ordinance then for ever to be Disinherited of all Lands of the King's Gift 23. That it was found by the Examination of Prelates Earls and Barons That the Dame de Verscy had procured the King to give to Sir Henry Beaumont her Brother and others Lands Franchises and Offices to the Damage and Dishonour of the King and open Disherision of the Crown Et ausint procure Demander hors Lettres Desus la Targe contre ley lentention du Roy It was Ordained she should go to her House within 15 days after St. Michael next coming without ever returning to Court to stay there and for all these things aforesaid and for that the Castle of Bamburgh was Parcel of the Crown it was Ordained it should be re-taken into the King's Hands and should not be given to her or any other without the Pleasure and good Will of the King 24. That Acquittances should be allowed for Debts paid and Accounts made in the Exchequer and if the Treasurer and Barons of the Exchequer allowed them not or made them not in due form the Plaintifs should have Remedy upon Petition in Parlement 25. For that common Merchants and many other People are received to Plead in the Exchequer Pleas of Debt and Trespass by reason they are avowed by Officers of the place more than before which ought not to be whereby Accounts and other things touching the King are often delayed and the People much grieved it was Ordained That for the future no Pleas should be holden in the Exchequer but such as concerned the King and the Officers of the Exchequer and their Menial Servants And if any be received by Avowry of the Place to Plead therein contrary to the Form abovesaid such as are Empleaded shall have their Recovery in Parlement 26. Also For that the People are much grieved that the Marshal and Steward hold many Pleas which belong not to their Office it was Ordained they should not hold Plea of Frank Tenement or Debt or Covenant or Contract nor the Common Pleas of the People but only Debts and Trespasses of the Court or King's House within the Verge and Contracts and Covenants of such as belong to the Court and no others and that they should be speedily Pleaded from day to day and ended before the King passed out of the Limits of the Verge where the Trespass was done and if Pleas were held otherwise they should be null and such as were grieved might have Redress by Recovery of Damages in the Kings-Bench by Writ out of Chancery 27. For that before that time many Felonies had been committed within the Verge which were not punished because the Coroners of the Country were not permitted to Enquire of such Felonies but only the Coroners of the Houshold who were Partial The Country Coroners without the Verge were to be joined with them in the Case of Murder especially c. 28. For that the People were much grieved that some Persons Bandied together to Kill and Rob them by reason the King by Evil Counsel gave them their Pardons against the Law It was Ordained That for the future no Charters of Pardon should be granted for any manner of Felony but in Case where the King might do it by his Oath Process of Law and the Custom of the Land and if any other were granted it should be void 29. For that many People are delayed of their Demands in the King's Court i. e. Bench because the Parties alledge they ought not to Answer the Demandants without the King and also many of the People grieved by the King's Officers against Right of which Grievances Men can have no Remedy but by frequent Parlements it was Ordained That the King hold a Parlement once every year or twice if there be need and in convenient place and in those Parlements those Pleas which were so delayed and those where the Justices should be of divers Opinions Recorded and Determined and in the same manner Bills i. e. Petitions should be delivered and ended in Parlement according to Law and Reason 30. That Money shall not be altered without great occasion and then by common Advice of the Baronage in Parlement 31. All Statutes made in Amendment of the Law and for the Profit of the People by the King's Ancestors shall be kept and maintained as before and ought to be according to Law and Reason if they were not contrary to the great Charter the Charter of the Forest or these Ordinances and if so then to be null and void 32. That the Law or Common Right be not delayed by Letters of Privy Seal and such Letters to be void if procured 33. Contains an Interpretation of the Statute of Acton Burnel 34. Concerns the Case of Appellants or Appealors and the Sheriffs and Gaolers Practices thereupon now almost antiquated 35. That no Man be appealed of Felonies maliciously or Outlawed in the Country where he hath no Land or Tenements nor put to Death or Disherited by such Suit or Outlawry he rendring himself to the King's Prison c. 36. For the abatement of Appeals in Suits and Slight Cases in Murder and Robbery if the Appellees were acquitted they should recover against the Abettors and Appellors according to the Statute 37. Against Protections for the Delay of Suits as well in Pleas of Land as of Debts and Trespasses by such as feigned themselves in the King's Service That the Plaintiff or Demandant discovering the Deceit to have Damages awarded him at the Discretion of the Justices and the
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
should be ready to do all things according to the Protestation he made and also according to the Protestation they made at the time of publishing those Ordinances In the mean time these Ordainers pursued their Designs both open and secret which were much promoted by a 7 Trokelow f. 194. b. Col. 2. f. 195. a. Col. 1. Wals f. 100. n. 20. 30 The Speech of Henry E. of Lincoln before his Death Speech our Historians report to be made by Henry Earl of Lincoln on his Death-Bed to Thomas Earl of Lancaster who had married Alice his Daughter and Heir That God had blessed him with greater Riches then any Nobleman in England and that therefore he was bound before others to honour him and told him He saw the Church of England that was wont to be free now brought into Servitude by the Oppressions of the Romans and unjust Exactions so often How Holy Church was oppressed c. Extorted by Kings Cernis jam occulata fide Quod Ecclesia Anglicana quae solebat esse libera per oppressiones Romanorum injustas Exactiones a Regibus toties Extortas nunc facta est ancilla and the People also which were wont to enjoy many Liberties were brought into the same Condition by divers Tallages and Vexations imposed on them by Kings Adjuring him by the Blessing of God and his own That when he had an Opportunity he should Free and Defend the Church and People from such Oppressions for the Honour of God That he should pay all due Honour and Reverence to the King that was his Lord yet cause him to remove from his Court Evil Counsellors and Strangers ut malos Consiliarios Alienigenas à Curia sua amoveat and effectually to observe the Tenor of Magna Charta and other Articles i. e. the Ordinances Demanded by and Granted to the Clergy and Laity and that in order to the accomplishing these things he should contract a strict Alliance with Guy Earl of Warwick who better understood them then any other Having ended his Speech says 8 Ut supra N. 50. 50. Thomas Earl of Lancaster and his Adherents resolve to Relieve Holy-Church c. Walsingham he took his Leave of the World and after his Funeral Thomas Earl of Lancaster with his Adherents Humfrid de Bohun Earl of Hereford Aymer or Adomar de Valentia Earl of Pembroke Guy Beauchamp Earl of Warwick and the Earl of Arundel and other Barons which the Historian thought too many to name with the Earl of Warren and Surry who enclining toward the King was brought off to the Party by the Archbishop of Canterbury undertook to Relieve Holy Mother-Church from Oppression and recover the due Liberty of the Kingdom Thomas Earl of Lancaster 9 Ibm. The Earl of Lancaster chosen General of the Party was chosen their Captain or General who by common Agreement sent to the King then at York Beseeching him either to Deliver Piers Gaveston to them or as it had been Ordained command him to avoid the Kingdom 1 Ibm. f. 101. ◠1. a. Who demand of the King to deliver Gaveston to them c. He took little notice of their Request The King took small notice of their Supplications left York and went to Newcastle upon Tine where he continued until the Feast of the Ascension the Queen being at Tinmouth The Lords 2 Ibm. n. 10. The Lords Arm. The K goes to Newcastle with Gaveston Arm raise an Army and with all speed march towards Newcastle not that they would offer Injury or create Trouble to their Lord the King but only take Piers Gaveston and judge him according to the Laws made by common Agreement ut ipsum petrum captum secundum leges communiter editas i. e. the Ordinances judicarent When the King heard the Barons 3 Ibm. The Barons march thither with an Army The K. goes to Tinmouth From thence to Scardeburgh by Ship were coming with an Army he with Peter fled swiftly to Tinmouth and when they had possessed themselves of Newcastle forthwith he again with Gaveston went into a Ship and though the Queen then great with Child beseeched him with Tears to stay he took no Pity of her but sailed to Scardeburgh commanding the Soldiers in the Castle to Victual it forthwith and protect him while he went toward Warwick-shire 4 Fol. 195. b. Col. 2. Trokelow writes That the Earl of Lancaster before he left Newcastle to pursue the King and Piers de Gaveston sent to the Queen then at Tinemouth-Castle and in The Earl of Lancaster sends to Comfort the Queen whom the K. had left at Tinmouth great Passion that the King would not stay with her by Trusty Messengers to comfort her Faithfully promising That he would not give over his pursuit until he had removed Peter from the King and made his Excuse for not coming to her in Person lest for her sake he should incur the King's Indignation Ne forte indignationem Regis causa ipsius incurreret The Lords 5 Walsingh f. 101. n. 10. The Lords besiege Scardeburgh Castle having notice of his being Shipped off seized upon his Horses and other Goods he had left at Newcastle causing them to be valued and kept secure and then marched with what speed they could to Scardehurgh and besieged it 6 Ibm. N. 20. but the Earl of Lancaster finding no Opposition from the Country retired with his Forces that he might not be burthensom to the adjacent Parts and left the Earls of Pembroke and Warren to take in the Castle who in a short time so wearied the Guards within by Assaults that they were not able to Defend it 7 Ibm. Piers Gaveston renders himself Upon condition to stand to the Judgment of the Barons Then Piers seeing no remedy render'd himself upon condition to stand to the Judgment of the Barons and that he might once more speak with the King 8 Ibm. The K. desired Piers his Life might be saved The King hearing Peter was taken desired he might speak with him and prayed his Life might be saved promising if it might be so he would satisfie the Desires of the Great Men in all things 9 Ibm. N. 30. The Earl of Pembroke laying hold of this Promise persuaded the Barons to grant the King's Request promising under pain of losing all his Lands to keep him safe while he had spoken with the King and then to restore him to the Barons at a Day and Place prefixed 1 Ibm. intending to have carried him to Wallingford in his way thither at Dadington now Deddington in Oxfordshire four or five Miles from Banbury the Earl left him to the Care of his Servants while he went to lodge with his Lady at a Neighbouring Place 2 Ibm. N. 40. which the Earl of Warwick having notice of came with a great Multitude and noise of Armed Men that Night and took him from the Servants and carried him to his
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
of the Earls c and by the Earl of Pembroke Monsieur Hugh le Dispencer and Monsieur Nicholas de Segrave Deputed by the King to hear the said Treaty and Report it to him in the manner following 1. First That the Earls and Barons shall come before the King The Articles of Peace between the K. and Barons in Westminster-Hall and with great Humility on their Knees make their Submission and Swear if he will have them That what they did for which he thought ill of and intended to punish them was not done in Despight of him and they shall humbly pray his Forgiveness and receive it with a good Will and shall restore all that was taken at Newcastle upon Tine or other where from Pier de Gaveston whatever it was viz. all his Jewels Horses and other things whatever they were c. 2. The Second Article contains the Statute for the Security of the Earls and Barons their Adherents and Allies which was to have been passed in the next Parlement to be holden on the Third Sunday in Lent with this Title 9 Old Statutes printed A. D. 1540. Ne quis occasionetur pro Morte Petri de Gaveston That no Man be prosecuted for the Death of Peter Gaveston and further That the King should Release and Quit the Earls Barons their Adherents Friends and Allies all Rancor Displeasure Actions Obligations Complaints and Accusations which arose by the Occasion of Peter Gaveston since he married his Dear Companion Isabel Queen of England whether it were for the Taking Detaining or Death of him or the Seizing any Town or Castle or Besieging of them or for bearing Arms or imprisoning any Persons 3. Also it was agreed That if this Security pleased the Earls and Barons and that they would not come to Parlement in their proper Persons they should send their Proxeys with sufficient Power to receive and consent to that Security and also with sufficient Power to consent to a Security to be made in that Parlement for the Adherents to and Receivers of Peter Gaveston which security was treated of and agreed and there recited being the same with the 1 Ibm. Statute having this Title Ne quis occasionetur pro Reditu Petri de Gaveston That no Man be prosecuted for the Return of Peter de Gaveston 4. Also the Treaters agree That in the next Parlement there should be Provision made by the common Assent of the Prelates Earls and Barons that in all Parlements Treaties and other Assemblies in England from that time forward for ever Men should come without Force and without Arms peaceably to the Honour of the King and the Peace of him and the Realm and the three Treaters promised to use their utmost Endeavour with the Earls of Lancaster and Warwick by themselves or Poxey's to consent to this Provision And further it was ordered That no Business should be propounded in this Parlement but the Security's and this Provision nor any come with Arms before the Submission was made which was certainly Done or the Acts of Security had never passed and then they might Treat of other Parlement Matters as there might be occasion 5. Also the Treaters promised That after this Reconciliation was made they would do what in them lay with their whole Endeavour with their Peers That the King should have an agreeable Aid of the whole Realm for his War with Scotland 6. Also the three Treaters complained That the King since the Conduct given for this Treaty to the Lords and their Adherents had caused the Lands and Goods of Monsieur Griffin de la Pole to be seized and also of Monsieur Fouk Lestrange There were to be two Justices not suspected of Partiality appointed by the King to Examine the Matter and do them right 7. Also that the Goods of Monsieur Henry de Percy which were seized by the King be restored by Pledges or Sureties until the next Parlement 8. Also it was agreed on behalf of the King That all Men might safely Pass and Repass through the Kingdom of England or elsewhere for the Dispatch of their Business under his Protection they doing or receiving no Wrong This Conduct and Security to continue until Pentecost next coming and of this the King to grant Letters under the Great Seal To the Earls Barons and their Adherents The Collation of this Indenture was Made and Read in the Year of Grace 1312. on the Wednesday next before Christmas in the Cardinal's Chamber at London in the Presence of the Cardinal the Bishop of Poicters the Bishop of Worcester the Earl of Pembroke and many others In Witness whereof one Part of the Indenture remained with the King and the other Part was given to Master John Waleweyn and Michael de Meldon to be carried to the Earls and Barons The two Securities mentioned in this Treaty were not passed into Statutes as was agreed in the Second Article in the Parlement summoned on the 20th of January in the Sixth of this King to meet on the Third Sunday in Lent nor in the next summoned on the 23d of May next following to meet Fifteen days after the Nativity of St. John Baptist but in that which was A. D. 1313. summoned on the 26th of July in the Seventh of his Reign to meet on Sunday next after the Feast of St. Mathew the Apostle as may be seen in the Old Statutes Printed 1540. Robert Winchelsey Archbishop of Canterbury lived to see the Articles Robert Winchelsey A Bishop of Canterbury dies of this Treaty finished but Dying on the 2 Histor Sacra f. 17. By whose Persuasion the E. of Lancaster opposed the King 11th of May preceding lived not to the passing of these Statutes by whose Persuasion and Encouragement the Earl of Lancaster and Adherents opposed the King in his Folly 3 Ran. Higden Lib. 7. Cap. 41. Thomas Lancastriae ipsius Roberti speaking of this Archbishop animatus hortatu cum sibi adherentibus per plures annos conatus est Regiis obsistere ineptiis The great Opinion the Earl had of this Archbishop or thinking it a great Advantage for a Miracle-worker and Saint to have been a Patron of the Cause he wrote to the 4 Append. N. 59. The Earl of Lancaster wrote to the Prior and Convent of Canterbury for a Particular of the Miracles wrought by Winchelsey Prior and Convent of Canterbury praying them as he had done before to give Testimony some notorious Way and by their Letters Patents what Miracles God had wrought by Robert Archbishop of Canterbury that last was and what he had wrought as well in his Life-time as after his Death and to inform him of the Miracles which were hanged up in writing before his Tomb. Taking advantage of these Dissentions and Controversies in England Robert Brus 5 Buchan Hist f. 80. b. A. D. 1313. Robert Bruce taking advantage of the Dissentions in England reduceth a great Part of Scotland to his Obedience reduced the most Part
about the Prices of Oxen Cows Sheep Geese Hens and other Victuals set the last Parlement should be revoked and that they should be sold as formerly at reasonable Rates The reason of this says Walsingham was 2 Hist f. 107. n. 20. because after the Price set in Parlement they were much dearer On Tuesday following the King by the Bishop of Norwich promised to 3 Rot. Par. ib. n. 1. The King promiseth to observe the Ordinances observe all the Ordinances formerly made by the Prelates and Great Men per Prelatos Proceres and also the Perambulations of the Forest made in his Father's time saving to the King his Reasons against them salvis Regi Rationibus suis contra Perambulationes and thereof Writs were made accordingly On the Friday next coming 4 Ibm. Soldiers how raised and paid against the Scâ—â—s the Great Men and Community of the Kingdom Magnates Communitas Regni Granted to the King in Aid of his War with Scotland of every Town in the Kingdom one Stout Footman except in Cities and Burghs and the King's Demeasns and these Footmen were to be armed and furnished with Swords Bows Arrows Slings Lances and other Armour fit for Footmen at the Charge of the Towns and their Expences to be paid until they came at the Place of Rendezvous and their Wages for 60 Days after and no longer if the King's Service required it at 4 d. the day and Market-Towns that were further able to be charged with Men were so to be charged the King promising to give his Letters to the Great Men and Community of the Kingdom Magnatibus Communitati Regni and to their Heirs That this Grant should be no Precedent nor drawn into Example for the future The same Day the King by Advice of the Prelates and Great Men Consilio Praelatorum Procerum ordered the 5 Ibm. whole Service due to him i. e. all the Horse of England to be Summoned for this cause to be at Newcastle upon Tine 15 Days after Midsummer The Citizens Burgesses and Knights 6 Ibm. n. 2. Cives Burgenses Milites de Comitatibus qui venerunt ad Parliamentum then Granted the King in Aid of this War and Expedition a 15th Part of all the moveable Goods 7 Ibm. Civium Burgensium Hominum de Civitatibus Burgis de Dominicis Regis of Citizens Burgesses and Men of Cities Burghs and the King's Demeasns which they had at Michaelmas then last past On Shrove-Tuesday in the Parlement 8 Ibm. n 3. The King had a sincere good will toward the Earl of Lancaster and other Great Men. the Bishop of Norwich on behalf of the King moved the Earl of Lancaster to put away all Doubting he might have of him for that he had a sincere Good-will towards him and the other Great Men erga ipsum alios Proceres Regni sui and held them to be his Faithful Liege-men and told him the King desired to have him the Chief of his Council requesting him 9 Ibm. ex parte Domini Regis Praelatorum ac Procerum Regni ibidem existentium on behalf of the King Prelates and Great Men there present to take upon him to assist and advise in the Affairs of King and Kingdom The Earl thanked the King and and humbly requested time to deliberate humiliter supplicavit quod ipse possit deliberare and then answer Which he did in a very short time and was Sworn of the King's Council in the Form following Whereas our Lord 1 Ibm. n. 4. King Edward by the Grace of God King of England hath with the Prelates Earls and Barons of the Land 2 Ibm. this number only in French upon the Roll. avesques Prelates Countes e Barons de son Terre in full Parlement requested his dear Cousin Monsieur Thomas Earl of Lancaster that he would be Chief of his Council in all Great and Weighty He requested the Earl to be Chief of his Council Affairs touching himself and his Realm with other Prelates Earls and Barons which may between the King and himself take care that he may be for the Profit of him and the Realm The said Earl for the great Love he had for his Lord the King and for the Common Profit of the Kingdom and the Ordinances 3 Ibm. The Earl complies upon such Terms as he might Govern the Kingdom qil ad sur merci enterement Grante a teniz which he had upon favour entirely granted to observe and the right Laws to maintain in all Points and in hope to make Amendments in such things as had been ill done in his Court and the Estate of his Realm did grant to be of the King's Council with the Prelates Earls Barons so as at the Hour the King shall not do according to his Directions and others of his Council concerning the Matters of his Court and Kingdom after such things have been shown him and he will not be Governed by the Council of him and others the Earl without Evil Will Challenge or Discontent may be discharged from the Council and that the Business of the Realm concerning him shall not be done or performed without the Assent of him and the other Prelates Earls and Barons which shall be ordained or appointed to advise him 4 Ibm. saunz Assent de luy des autres Prelatz Countes Barous qi de luy Conseiller serront ordenetz And if any of the Prelates Earls and Barons shall advise the King or do other thing which shall not be for the Profit of him and his Realm then at the next Parlement by the Advisement of the King and his Friends 5 Ibm. solone lavisement nostres Seigneur le Roy le seon they shall be removed and so it shall be from Parlement to Parlement as to them and every of them according to the Faults found in them In Witness whereof this Bill was to be entred on the Parlement-Roll ceste Bille entre en Rouelle de Parlement And then it follows Billae 6 Ibm. The Instrument by which he was made Chief of the Council entred upon the Parliament-Roll predicta formam continens supra scriptam liberata fuit Willielmo de Ayremin Clerico c. The foresaid Bill containing the Form above written was delivered to William Ayremin Clerc by the hands of the Lords Walter of Norwich and Bartholomew de Badlesmer commanding the said William by Order of the King to inroll it Word for Word Over the Army above-mentioned raised by the Parlement against the Scots the Earl of Lancaster was made 7 Rot. Scot. Ed. 2. M. 6. The Earl of Lancaster made General of the Army against the Scots and Lieutenant of Scotland General and the King's Lieutenant in Scotland but what great things he did with this Army or by his Lieutenancy it appears not in any History I have met with Next Year the Pope sent two 8 Rot. Claus 10 Edw. II. M.
2. A. D. 1317. Two Cardinals sent to make Peace between Engl. and Scotland Cardinals into England Ganselin by the Title of the Saints Marcellin and Peter Priest Cardinal and Lucas by the Title of St. Mary in the Broad-way Deacon Cardinal 9 to make Peace between the Two Kingdoms of England and Scotland and reconcile the Earl of Lancaster to the King 1 c. 59 4. D. 50 and the King and E. or Lanc. Sir Tho. de la Moor says they were made Friends in a Plain near Leicester and that they embraced and kissed each other 2 f. 110. n. 20. Walsingham says Peace was made between them upon certain Conditions and that not long after the King unjustly brake them They 3 Wals f. 109. n. 50. f. 111. n. 40. d la Moor ut supra They Excommunicate Rob. Brus and put Scotland under Interdict both say these Cardinals brought with them the Pope's Bulls by which they Excommunicated Robert Brus and put the Kingdom of Scotland under Interdict for their Defection from and Disobedience to the King of England unless he and they submited to him This Year 4 Ibm. de la Moor says Robert Brus manfully and by force took Berwick killing none that would yield 5 f. 111. n 50. A. D. 1318. Walsingham reports it was betrayed by the Governour Peter Spalding and sold to the Scots to the great Disturbance of the King Neither King nor Kingdom of Scotland valued much this Excommunication Neither Rob. Brus nor the Kingdom of Scotland valued the Excommunication or Interdict and Interdict or at least Robert Brus's Friends or those of his Party never considered or regarded it for in the 11th of this King the Year following he summoned a Parlement to meet on the morrow of Holy Trinity at Lincoln 6 Rot. Claus 11 Ed. II. M. 3. Dors The Scots invade England which he revoked for this reason That his Enemies and Rebels the Scots had invaded England and come into Yorkshire commiting many Murders Plundering Wasting and Burning the Country so as he resolved suddenly to march against them with an Army to restrain their Incursions and bring them to a Submission and therefore the Parlement not to meet According to this Resolution in Autumn this year 7 De la Moor f. 595. l. 1 c. The King besieged Berwick the King marched with a great Army to besiege Berwick the Scots on the other side of the Country invaded England spoiling wasting and burning as far as York 8 Ibm. and Walsingh Hist f. 112. n. 20 30. A Truce with the Scots for Two years which caused the King to raise the Siege of Berwick and consented to a Truce for Two years In the Twelfth of this King the Earl of Lancaster Governed and Directed all things 9 Append. n. 61. To him certain Prelates Earls and Barons by the Will of the King and Assent of many Great Men of the Realm and others of the King's Council being then at Northampton went to Discourse and Treat about the Honour and Profit of the King and Realm and it was agreed between them That Bishops Earls and Barons should remain with him to Advise him in such Matters as concerned him until his next Parlement and concerning this and other Matters an Indenture was made in the Form following This 1 Ibm. The Indenture of Agreement between the King the Earl of Lancaster and other Great Men. Indenture Witnesseth That the Honourable Fathers the Arch-Bishop of Dublin the Bishops of Ely Norwich and Chichester the Earls of Pembroke and Arundel Monsieur Roger de Mortimer Monsieur John Somery Sir Bartholomew de Badlesmere Monsieur Ralph Basset and Monsieur John Botetourt by the Will and Assent of the King have Discoursed with the Earl of Lancaster concerning the things touching the Profit of himself and the Realm in the Form following To wit That the Bishops of Norwich Chichester Ely Salisbury St. Davids Carlisle Hereford and Worcester the Earls of Pembroke Richmond Hereford and Arundel Sir Hugh de Courteny Sir Roger de Mortimer Sir John de Segrave Sir John de Grey and one of the Banerets of the Earl of Lancaster which he shall Name should remain with the King for one quarter of a year until the next Parlement and that Two Bishops One Earl One Baron and One Baneret of the Earl of Lancaster's at least should always be with him and that all considerable Matters that might or ought to be done out of Parlement should be done by their Assent otherwise to be void and amended in Parlement by the Award of the Peers and such as should remain with the King Quarterly shall be chosen and assigned out of them and others in Parlement to Act and Advise the King as aforesaid And the abovesaid Prelates Earls and Barons by the Will and Assent of the King undertook That he should Release and Acquit the Earl of Lancaster ses gentz ses meignees his People Followers or Retinue or as now those of his Party of all manner of Felonies and Trespasses against the Peace until the day of St. James this year and that the Charters of Release and Acquittance should be plain and absolute without Condition and if better Security for them might be found at the next Parlement they should have it and there Confirmed by the King and his Baronage And the Earl of Lancaster granted That he would make Releases and Acquittances to all those that on behalf of the King should demand them of Trespasses done to his Person as soon as the things aforesaid should be Confirmed nor that he would bring Suit of Felony against any one from the time they had his Letters saving to him all Plaints Actions and Suits which he had against the Earl of Warren and all those that were assenting and aiding to the Felonies and Trespasses which the Earl had committed against him against the King's Peace And that the Ordinances be kept and observed as they are under the King 's Great Seal And that these things abovesaid should be performed and kept in all Points The Honourable Fathers in God the Arch-Bishops of Canterbury and Dublin the Bishops of Norwich Ely Chichester Salisbury Chester or Litchfield Hereford and Worcester the Earls Marshal Edmond his Brother the Earls of Richmond Hereford Ulster Arondel and Anegos Sir Roger de Mortimer Sir John de Somery Sir John de Hastings Sir John de Segrave Sir Henry de Beaumont Sir Hugh le Dispenser le fuiz Sir John de Grey Sir Richard de Grey Sir Bartholomew de Badlesmere Sir Robert de Mohant Sir Ralph Bassel Sir Walter de Norwich have undertaken by the Will and Assent of the King In Witness whereof the Prelates Earls and Barons aforesaid have put their Seals to one part of this Indenture and the Earl of Lancaster hath put his Seal to the other Written at Leek whether in Staffordshire Warwickshire or Yorkshire it appears not the 9th day of
here following The Barons Kill and Imprison the Tenants and Servants of the Spensers This so provoked these Barons and especially the Earl of Hereford that he Complained of the Injury done him to Thomas Earl of Lancaster and they Two drawing a great number of the Barons to them made a Confederacy to live and dye for Justice and destroy Traytors and especially both the Hugh Despensers Father and Son In pursuance of this Confederacy the Earl of Hereford the Barons there named Monsieur Roger de Mortimer the Nephew and the Uncle Monsieur Roger Damory Monsieur John de Mowbray Monsieur Hugh de Audeley the Father and the Son Monsieur Roger de Clifford Monsieur John Giffard de Brimmesfield Monsieur Morice de Berkeley Monsieur Hen. de Tyes Monsieur John Maltravers and many others of that Alliance on the Feast of the Invention of Holy Cross or 3d of May entred into the Lands of Hugh the Younger in Wales while he was with the King doing his Office as Chamberlain by Force and Arms and killed 3 Ibm. They burn pulldown and destroy their Houses and Castles some of his Servants and Tenants others they kept in Prison and some they suffered to be Ransomed burnt pulled down destroyed or defaced all his Houses and Castles and took and carried away the Goods of all sorts which they found upon his Lands or in his Houses and Castles to a very great value 4 Ibm. They carry away their Goods of all sorts From hence they rambled up and down the Country and went into Glocestershire Wiltshire Hampshire and all Counties where Hugh the Father had Lands and begun their Work on Barnaby-day or 11th of June at his Mannor of Fastern in Wiltshire and in all his Lands Houses and Castles and in all things behaved themselves as they had done in those of the Son When they had done these Mischiefs they marched to Sherborn And enter into a Confederacy in Dorsetshire where was at that time Thomas Earl of Lancaster whose the Castle was and others and on Sunday after Midsummer-day they entred into a new or confirmed the old Confederacy The Confederacy of the Earls and Barons against Hugh and A. D. 1320. Hugh le Despenser This Indenture Witnesseth That on the Sunday next after the Feast From the French Copy in the Register of Christ-Church Canterbury f. 242. of St. John Baptist in the 14th Year of the King at Sherborn in Elemede in the presence of the Arch-Biship of York the Bishops of Durham and Carlisle the Earls of Lancaster and Aenegos it was considered That Hugh le Despenser the Father and the Son had ill counselled and moved the King to the Dishonour and Damage of him and of his Kingdom and having heard and understood the Reasons of the Earl of Hereford Roger de Mortimer the Nephew and Vnkle Note That the Addition of Monfieur is put before every of these Names Hugh de Audely the Father and Son Roger Dammory John de Mowbray Maurice de Berkeley Roger de Clifford Henry de Teys John Giffard Thomas Mauduit Gilbert Talbot and other Great Men and others of the Marches i. e. of Wales And notice of Information having been given to the Earls of Lancaster and Aenegos Monsieur Robert de Holland Fonk de Estrange Stephen de Here also the same Addition is put before every of their Names in the French Copy Segrave William le Latimer John Devery John de Harrington Adam de Swimnington William de Kyme Marmaduke de Tweng Richard Walleys Robert Pierpount Ranulph Dacre Edmund Deyncourt Thomas Willeby William de Penington Ralph de Nevill Giles de Trumpyton John de Beker Adam de Hodeleston Michael de Haverington Adam de Everingham William Trussel Robert de Rigate Robert de Richer John de Clifford Henry de Bradbourn Nicholas de Langeford John de Brekeworth Thomas Wycher John de Cliff Thomas de Longuevillers Edmund de Nevill Gaslelin Daniel That the Earl of Hereford Monsieur Roger de Mortimer and other Great Men of the Marches and others above-named have begun Quarrels and Complaints against Monsieur Hugh the Father and Son and that 't is done to the Honour of God the Honour and Profit of the King and of his Kingdom And it seemed to them all that the Oppressions could not be taken off from the People until they had Hugh the Father and Son in their possession or they were banished And it was with one Assent of them all there whoever they were That the Quarrels or Complaints before named should be maintained to the Honour of God and of Holy Church to the Profit of the King the Queen and their Children and the Safety of the Crown and People And so as the Earl of Lancaster and other Great Men which began this Quarrel will maintain it so the Earl of Aenegos and all named after him with them will maintain it with all their Power And whenever the Earl of Lancaster and other Great Men shall leave the Quarrel the Earl of Aenegos and all those named after him may leave it without being accused or questioned for it And to maintain these things the Earls of Aenegos and all others after him put to their Seals This was the part of the Indenture Agreed and Sealed to by the Earl of Aenegos From whence they march to St. Albans plundering Victuals 8 Wals Hist f. 114. n. 10 20 30 40. every where in their March and oppressing the Poor 5 Per viam diripientes ubique Victualia Pauperes Terrae Gravantes from whence they sent the Bishops of London Salisbury Ely Hereford and Chichester then at St. Albans to make Peace to the King at The Barons come to St. Albans and send 5 Bishops to the King to Banish the a Spensers The King's Answer to the Bishops London not only to send Hugh and Hugh the Two Traytors from his Court but also out of the Kingdom The King's Answer was That Hugh the Father was beyond Sea in his Service and Hugh the Son was at Sea for the Guarding of the Cinque-Ports according to his Duty and that according to Right and Custom they ought not to be Banished without answering for themselves The King had 6 Rot. Claus M. 5. Dors 14. Ed. II. He summons a Parlement The Barons came to London with Horse and Arms And keep a Council by themselves come not to the Parlement at Westminster And then made the Award against the Despensers as appears by the Revocation as above The Award made by the Barons against the Spensers fummoned a Parlement on the 15th of May to meet three Weeks after Midsummer or the 15th of July at Westminster The Barons upon the receipt of the King's Answer go to London with Horse and Arms notwithstanding the King had commanded them to come to the Parlement in due manner there they held a Council by themselves and came not to Westminster as they were summoned but remained in London with Horse
and Arms 15 days after the King had begun and holden his Parlement when they made the Award against the Two Spencers and concealed it from the King who knew nothing of it until the Hour they came with it to Westminster with Force and Arms so as the King could not hinder the passing of it which was to this effect To the Honour of God and Holy Church and of our Lord the King for the Profit of him and his Realm and to maintain Peace amongst his People and the Estate of the Crown the Prelates Earls Barons and other Peers of the Land and Communes of the Realm do shew against Sir Hugh le Despenser Father and Son That whereas Sir Hugh the Son at the Parlement at York 7 3 Weeks after Michaelmas Claus 12 Ed. II. M. 28. in cedula was Named and it was there Agreed he should be Chamberlain to the King in which Parlement it was Agreed That certain Prelates and other Great Men should be with the King by turns at several Seasons of the Year the better to advise him without whom no great Business ought to pass The said Sir Hugh the Son drawing to him his Father who was not by Order of Parlement to be near the King or to be one of those Counsellors between them both have usurped Royal Power over the King and his Ministers and the Government of the Kingdom to the Dishonour of the King the Injury of the Crown and Destruction of the Kingdom Great Men and People and have done the Wickednesses under-written in contriving to turn the Heart of the King from the Peers of the Land that they may have the sole Government thereof 1. That Sir Hugh the Son made a Bill or Writing whereby he would have had Sir John Gifford of Brimmesfield Sir Richard de Greye and others entred into a Confederacy to have forced the King to do what he would have him and had almost done it The Tenour of the Bill is under written 2. Homage and the Oath of Allegiance is more by reason of the Crown than of the Person of the King and bound him more to the Crown than the Person and this appeared for that before the Crown descends there is is no Allegiance due to the Person Expectant Wherefore in case the King carries not himself by Reason in Right of the Crown his Lieges are bound by Oath made to the Crown to remove the King and the State of the Crown by Reason and otherwise the Oath ought not to be kept Then it was demanded whether the King was to be dealt with by Suit of Law or by Rigour par Suit de Loy ou par Aspertee By Suit of Law it could not be for he had no Judge In which case if the King 's will be not according to Reason and that he maintains nothing but Errour therefore to save their Oath and when the King will not redress what is injurious to the People they must proceed with Rigour for he is bound by Oath to Govern his Lieges and his Lieges are bound to Govern in Aid of him and in Default of him 3. Also upon the Application of the Great Men and People unto him his Answer was according to the Pleasure of these Two in turning the King from his Duty against his Oath and the Hearts of the Great Men and People against their Liege Lord. 4. Also by their evil Contrivance they will not suffer the Great Men of the Realm nor Good Counsellers to speak with or come near the King to advise him nor the King to speak to them unless in their presence and hearing or of one of them and when they please they usurping Royal Power and Sovereignty over the Person of the King to the great Dishonour and Peril of him the Crown and the Kingdom 5. Also to attain to their Wickedness Covetousness and Disinheriting the Great Men and Destruction of the People they put out Good and Agreeable Ministers placed by Assent and put in others False and Wicked of their Party who will not suffer Right to be done as Sheriffs Escheators Constables of Castles and make Justices not understanding the Law as Sir Hugh the Father Sir Ralph Basset Sir Ralph Camois and Sir John Inge and others their Friends who caused to be indicted by false Jurors of their Alliance the Peers of the Land as the Earl of Hereford Monsieur Giffard of Brimmesfield and Monsieur Robert de Monshall and other good People to get their Lands 6. Also they falsly and maliciously advised the King to raise Arms against his People in Glocestershire contrary to the Great Charter and the Award of the Peers of the Land and by their false and evil Counsel would have made War in the Land for their own proper Quarrel to the Destruction of Holy Church and the People 7. Also whereas the Earl of Hereford and the Lord of Wigmore i. e. Mortimer by the King's Command were assigned to make War upon Lheuelin Bren who had levied War against him in Glamorganshire when the Earl of Glocester's Lands by reason of his Death were in the King's hand and Lhewelin had rendred himself into the Lords hands to the King's Grace and Pleasure and upon that Condition delivered him to the King who received him accordingly but when these Lords were out of the Country these Two the Father and Son usurping Royal Power took Lhewelin and carried him to Cardiff after that Sir Hugh the Younger was seized thereof as of his Share of the Earl of Glocester's Estate one of whose Daughters and Heirs he had married pretending to a Jurisdiction where none was in this case and there caused him to be Drawn Hanged Beheaded and Quartered feloniously for things done in the time of King Henry And also took upon them Royal Power and Jurisdiction which was appendant to the Crown in Disheritance of the Crown and Dishonour of the King the said Lords of Hereford and Mortimer and in ill Example and great Peril in the like case in time to come 8. Also they ill advised the King to take into his hands the Lands and Goods of Sir Hugh Audely the Son who was fore-judged without due Process contrary to the Law of the Land by the Covetousness of the said Hugh to get some of those Lands and by other false Compassments contrived to have the Lands of Sir Roger Dammory and for having him attainted for entring into Glocestershire in Disheritance of the Peers of the Land 9. Also that whereas the King had granted by his Letters Patents to the Earl of Warwick in full Parlement at Westminster That after his Death his Executors should have his Lands until his Heir was of Age which Grant after the Earl's Death was confirmed by the King at Lincoln at the Request and Assent of the Peers of the Land in Parlement the said Sir Hugh the Father procured his Son to cause the King to repeal this Grant without cause and to give to the said Hugh the Father
for his own Profit the Guard of those Lands and also had defeated by evil Counsel what the King had granted in his Parlements by good Advice and by Assent of the Peers of the Land to the Dishonour of the King and against Right and Reason 10. Also that they would not suffer the King to take reasonable Fines of the Peers of the Land and others when they entred and received their Fees as it had been used before that time But by Covetousness to get such Lands by the Royal Power they had gained they caused undue Impeachments to be brought surmising the Land was forfeit as of Sir John de Mowbray for the Lands of Gower and of others to the Damage and Dishonour of the King and contrary to the Law of the Land in Disheritance of the Great Men and others Also making the King do against his Oath in Parlement 11. Also by wicked Covetousness and Power Royal they will not suffer the King to hear or do Right to the Great Men upon what they presented to him for himself and themselves touching the Disheriting the Crown and them touching the Lands which were the Templers Also by Usurped Power Royal they self and Family He is denied Entrance with a 5 Ibm. f. 115. lin 2. c. The Queen denied Entrance into Leâ—ds Castle in Kent The Garrison deny to render it to the K. Sawey Return from the Guard within That they would not suffer the Queen or any other to enter there without Command or Letters from the Lord of it She came her self and demanded Entrance into the Castle and was denied and forced to seek Lodgings other where When she returned to the King and complained to him of the Affront offered to her he was very Angry and having drawn together many Thousands of Armed Men with many Londoners 6 6 Ibm. n. 10. came Personally to the Castle commanding the Garrison to render it to him They Refuse to obey the King's Command he straightly Besieges them They hold out so long as they had Victuals He besiegeth and takes it puts the Governor to Death and many of the Warders and when they could not longer hold out they deliver the Castle Thomas Colepepper the Governor of it was Drawn and Hang'd for his Rebellion against the King Thomas Colepeper custos castri qui tenuerat Castrum contra Regem tractus suspensus est The Women found there were sent to the Tower of London and many of the Warders or Servants put to Death Sir Thomas de la Moor tells us it was about 7 F. 595. n. 30 40. A. D. 1321. 15 Ed. II. The Barons came to Relieve the Castle And sent to the King to raise the Siege who would not They march into other Parts of the Kingdom with their Army Michaelmas that the Queen demanded Entrance into the Castle that she might Lodge there and after a Months Siege the Barons with their Forces came to Kingston upon Thames on the Vigil of the Apostles Simon and Jude or 27th of October in hopes to Relieve it from whence they sent the Archbishop of Canterbury the Bishop of London and Earl of Pembroke to the King to raise the Siege promising him after the next Parliament to deliver the Castle into his Hands He not granting their Desires they marched into other Parts of the Kingdom and the Castle in a very short time was Surrender'd In December following Hugh Dispenser the Younger 8 Revocation ut supra Sir Thomas de la Moor ut supra n. 50. The Banishment of the Spensers revok'd applied himself to the King for the Repeal of his Exile who committed him to Prison and sent his Petition to the Archbishop of Canterbury the other Bishops and Clergy being then in a Provincial Synod at London to advise about and give him their Sense upon it who Judged the Award as to the Exile and Disinheritance Erroneous against Right and obtain'd by Force without their Consent as Peers of the Land and therefore advised and prayed the King to Repeal and make it null for Ever which was done and the King granted him his Protection and safe Conduct for his Person and Estate by his Letters Patents Dated at Westminster the 8th of December in the 15th of his Reign The King kept his Christmas 9 Walsingh Hypâ—dig Neust f. 504. n. 40. De la Moor ut supra A. D. 1322. 15 Ed. II. The King increased his Army and marched against the Barons at Cirencester in Glocestershire where Hugh Despenser and others persuaded him to increase his Army and march against the Barons He did so and went into the Marches of Wales and left Glocester which was possessed by the Barons and passing by Worcester went to Bridgnorth and took in that Castle while he was in Shropshire both the Mortimers submitted themselves and were sent to the Tower of London Maurice de Berkeley and Hugh Audeley Senior fell into the King's Hands and were sent to Wallingford-Castle 1 Ibm. The Earls of Hereford and Lancaster join their Forces The Earl of Hereford and his Adherents marched toward the North to join the Earl of Lancaster who expected them The King marched after them and comes to Burton upon Trent where the Earl of Lancaster had joined them They hinder the King's Passage over the Trent by the Bridge there three Days and Killed some of the King's Men and Servants so as the King was forced to find another way over the Trent and marched toward them in the Town which when they saw they Fired the Town and marched into the Field to give the King Battel but perceiving the King coming toward them with a great Force superior to them in Number and Courage the Earl of Lancaster with his Confederates fled Northward with their Army and made Great Depraedations and Robberies in their way the King pursues them to Burgh-Bridge The Scots Friends and Allies to the Earls The Earl of Hereford killed at Borough-Bridge The Earl of Lancaster taken there then marching toward their Friends and Allies the Scots where they were stopt by Forces brought from Carlisle by Sir Andrew Harclay and others from York by Sir Simon Ward in forcing his Way over the Bridge the Earl of Hereford was Killed the Earl of Lancaster not being able to bear the shock of the Battel nor to fly any way was taken by Sir Andrew Harclay and many other Barons Banerets and Knights to the Number of 2 Ninety Five 2 De la Moor f. 596. n. 10. The Earl of Lancaster was sent to Pontfract where on Monday Our Lady-day this Year 1322. was on Thursday The Earl of Lancaster impeached of Treason c. before the Annunciation of the Blessed Virgin or 22d of March he was impeached before the King for divers Treasons Murders Burnings Depraedations and other Felonies in the Presence of Edmond Earl of Kent John Earl of Richmond Adomar de Valentia Earl of Pembroke John de Warenna
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
of April next following the King 6 Rot. Rom. 19 Ed. II. M. 3. He writes to the Pope about the Affair of his Queen wrote to the Pope and sent him a Transcript of what had passed between himself the King of France his Sister the Queen and his Son by way of Narrative and the Copies of the Letters he wrote them with his Answers to what was reported of him in France heartily beseeching him to read and consider them and apply such Remedy for the removing the Matter of Scandal and Dissention and the Dangers that might proceed from thence as he should think fit promising wholly to be directed by his Advice Given at Knelworth the 15th day of April All these Letters all these Mediators could not bring her into Neither Letters nor Mediators could bring the Queen into England until her Design was ripe England until her Design was Ripe and that she could come with Force yet in all probability they caused her either to quit or be thrust out of France Tho some of our Historians and the French Historian 7 Fol. 3â—â— 352. The Historians Account of the Transactions between the King and Queen at this time Mezeray who understood nothing of this Story as appears by his Writing and all from Froysard Report That by the Arts of the Spencers and the Money given to her Brother Charles the Fourth of France and scattered in his Court and to the Pope himself and distributed in his Court that made them their Friends so that her Brother forbad all Persons to assist her and commanded her to go out of his Dominions Take the Original from 8 F. 1. a. col 1. in the Prologue to the First Volume Printed at London 1520. Especially at Froysard Froysart who says he wrote his Chronicle from the Chronicles of Sir John la Bele Canon of St. Lambert's of Liege an Intimate and of the Secret Council of John of Haynault The Barons 9 could not bear or suffer Hugh Spenser's favour with the King any longer but sought each other amongst themselves 9 Ib. f. 3. a. col 1. c. 8. to be of a Peaceable Accord and sent secretly to the Queen who had been at Paris three years which was false by two parts of the time signifying to her if she could come into England with One thousand Men at Arms and bring her Son and Heir with her they would all come to her and her Son Edward She shewed these Letters to the King of France who promised such Assistance and to furnish her with Money She was providing for her Voyage of which Hugh Spencer had notice The King of France corrupted with Money who contrived with Gifts to Buy off the King of France and sent secret Messengers with plenty of Gold Silver and Jewels into France and especially to the King and his Privy Council insomuch as the King forbad under pain of Banishment That none of his Subjects should assist the Queen to go into England by force and further Hugh 1 Ib. col 2. Spencer out of his Malice to the Queen to get her under the King's Power and his caused the King to write to the Pope That he would write to the King of France to send his Wife again into England for he would acquit himself to God and the World that it was not his fault that she departed from him for he would nothing to her but all Love and good Faith such as he ought to hold in Marriage Also he sent 2 Ibm. The Pope and Cardinals corrupted with Gold and Silver Gold and Silver great plenty to divers Cardinals and Prelates who had most power with the Pope who lead the Pope by such-wise with their Gifts and subtle ways that he wrote to the King of France That on pain of Cursing he should send his Sister Isabel into England to the King her Husband These Letters were brought to the King of France by the Bishop of Xaints when he had read them they were shewed to the Queen his Sister and then commanded her speedily to avoid his Kingdom or he would make her to avoid it with shame By this means 3 Ib. cap. 9. Robert of Artois his Advice to the Queen all the Barons of France were withdrawn from the Queen except Robert of Artois her Dear Cousin who privately advised and encouraged her and gave her secret notice That her 4 Ib. f. 3. b. col 1. Brother would deliver her her Son and the Earl of Kent King Edward's Brother and Sir Roger Mortimer She goes out of France to William Earl of Haynault to the King and Hugh Spencer and advised her to go into the Empire to William Earl of Haynault and Sir John of Haynault his Brother The Earl received her with Joy at Valenciennes and 5 Ib. fol. 4. col 1. He received her kindly and brings forth his four Daughters The Prince likes Philip best brought forth his four Daughters Margaret Philip Jane and Isabell the Prince liked Philip best and she kept him Company during his stay there Walsingham 6 Fol. 123. lin 1 c. tells us that the King as 't was reported prout dicitur had procured the Death of his Wife and Son Edward and that John of Britania Earl of Richmond her Familiar was to have been the Executioner but that perceiving the Noblemen of France to have been corrupted by large Gifts and that there was no safety to be expected there she fled privately with her Son and Family or Followers to the Earl of Haynault of whom they were Honourably and Magnificently received Whether she was commanded by her Brother or fled privately out of France certain it is she 7 Ib. n. 20. And was contracted to her went to the Earl of Hanault and having Contracted her Son to his Daughter Philip 8 Fol. 598. n. 10. Sir Thomas de la Moor says Married him to her without the Advice of the Nobility by his Assistance who provided Men and Ships 9 Walsingh at supra The Earl of Haynault furnisheth the Queen with Ships and Forces to come for England she came for England with her Son then not Fourteen years of Age Edmond Earl of Kent the King's Brother Roger Mortimer and many others who were forced or fled out of England and with 2757 Men at Arms commanded by John of Hanault the Earl's Brother and landed at 1 Ibm. Anglia sacra parte prima f. 366. She lands at Harwich Harwich on Wednesday before Michaelmas-day where she was joined by the Earl 3 Walsing Ib. n. 30. Several Bishops Earls and Barons join with her Marshal the Earl of Leicester and other Barons and Knights cum Praelatis fere omnibus with almost all the Prelates but chiefly with the Bishops of Lincoln Hereford Dublin and Ely who together made her up a great Army 4 Ibm. which being refreshed at St. Edmunds-Bury she went forward to seek out her own and the Kingdom
's Enemies 2 Ut supra n. 20. On the 28th of September the King issued his Proclamation against 5 Append. n. 68. A. D. 1329. 20 Ed. II. The King proclaims Mortimer Traytor c. Roger Mortimer giving notice That he and the other Traitors had entred his Kingdom by force and had brought with them Aliens and Strangers and taken upon them Royal Power over him and that therefore he was resolved to oppose them in Person to Arrest and destroy them and all their Company and Adherents as he ought and might except the Queen his Son and Earl of Kent who he would by all possible means to be as safe as before their landing and summoned all Persons that by their Ligeance were obliged to come with all their Force and Power in Defence of him themselves and the Kingdom and for the Ease of the People he promised to pay the Soldiers Wages and also promised to all Great Men his Charters of Pardon for Felony or Adherance to his Enemies as well in times past as at present and for Outlawry for what Cause soever except the Traytor Roger Mortimer and the great Managers of the People which came from beyond Sea with him and those that killed Sir Roger Boler and then promised 1000 l. Sterling and Pardon to any one should bring him the Body or Head of Roger Mortimer Given under his Great Seal at the Tower of London the 28th of September This Proclamation has not its desired Effect the People having The Proclamation without effect been so prepossessed with strange Notions and Jealousies concerning the King and both the Spencers and the strange things the Queen and Mortimer would do for Holy Church themselves and the Kingdom that in her March her Army daily increased and the King 's decreased She did no injury 6 Ibm. to the Bodies or Goods of any but her Enemies which she sought out and 7 Ib. n. 40. every where applied their Goods to her own use and destroyed their Farms The Queen's Army was much 8 De la Moor f. 598 n. 30 40. The Queen's Army much increased increased by some Bishops Letters wrote to their Fellow Bishops and other Friends that there were so many Dukes Earls and Barons with their Troops sent by the King of France to defend the Right of his Sister as all England could scarce feed them And also by another Lye spread all over the Kingdom That Her Cause carried on by Lyes the Pope had absolved all Englishmen from their Oath of Fealty sworn to the King and that he had thundered out the Sentence of Excommunication against all those that bare Arms against the Queen Praeterea profiluit 9 Ibm. Mendacium ab exercitu in omnes Regni partes divulgatum quod summus pontifex Romanus omnes Anglos absolvit a fidelitate jurata suo Regi c. For the Confirmation of which Lye it was pretended there were Two Cardinals with the Queen in the Army sent to her with these Favours from the Pope Ad hujus Mendacii confirmationem c. The Queen upon her Landing emitted a Proclamation 1 Walsingh f. 124. lin 1 c. That all should injoy Peace and Quiet except the Publick Enemies of the Kingdom the Two Despensers Father and Son and Robert The Queen's Proclamation Baldock the King's Chancellor and their Favourers who were the Cause of the present Disturbance of the Nation That no Goods should be taken from any without the Consent of the Punishments for Plunderers Owners if above the value of 3 d. then a days Wages for a Common Soldier his Finger was to be cut off nor 6 d. the Wages of an Hobelor under Pain of his Hand being cut off nec valorem Duodeci 〈…〉 Sterlingorum which I Translate 12 d. the daily Wages of a Man at Arms upon Pain of Death The King then at London requested Assistance of the 2 Ib. f. 123. n 40. The Londoners refuse to give the King Assistance Londoners who refused to aid him whereupon he 3 left the City and went Westward In the mean time the Londoners who were always in a fury when they had a liberty of being Insolent pretending Friendship to the Queen dum 3 Ib. f. 124. n. 10 20 haec aguntur Londinenses nenses quibus nunquam deest furia cum adest insolendi licentia gathering together the Rabble of all Artificers Congregatis de cunctis artificiis infirmis personis c. taking Arms and seize The Rabble seize their Major their Major threatning to kill him if he would not swear to Consent to their Orders which he did to save his Life Fecerunt 4 Ibm. They Consederate to kill the Queen's Enemies c. igitur Conjurationem c. And they made a Confederacy That the Queen's Enemies where-ever to be found of what State or Condition soever they were or such as should procure any Damage to the Liberties of the City should be put to Death Under pretence of this Oath 5 Ibm. They cut off John Marchal's Head Hugh Spenser's Servant they presently took John Marchal Servant to Hugh Spenser the Younger ejus caput immisericorditer amputarunt and unmercifully cut off his Head and plundered all his Goods and on the same day continuing their Madness 6 Ib. n. 30. They plunder the Bishop of Execser's House and cut off his Head eodem die continuantes suam Rabiem they ran to the Bishop of Excester's House setting fire to the Gates entring and not finding him they plundered his Jewels Plate and Houshold-stuff and coming out of the Fields on Horseback to the North Door of 6 St. Pauls the mad People took beat wounded and threw him off his Horse and dragged him into Cheapside where they proclaimed him a Publick Traytor and cut off his Head The Reason of their Fury against this Bishop 7 Ibm. n. 40 50. The Reason of their fury against this Bishop was That being Treasurer of the Kingdom he had persuaded the King's Council that the Itinerant Justices might sit in London 8 Ibm. who found the Citizens had offended in many things for which they lost their Liberties some were Fined and others had Corporal Punishment Next day they seised the 9 Ibm. They seise the Constable of the Tower Prisoners set free all England over Fugitives and Banished Persons return into England Constable of the Tower and took the Keys from him and set free all the Prisoners and so it was all over England and at the same time all Fugitives and Banished Persons returned We have a further Account of the Death of the Bishop of Excester and some of these things from 1 Hist sacra f. 366. Another Account of the Murther of the Bishop of Excester William de Dene a Publick Notary of the Church of Rochester living at the time The Arch-Bishop 15 days after Michaelmas intended to have held a Treaty with the Bishops
vol. 1. f. 18. The Queen at Hereford a Month. Vigil of Simon and Jude or the 27th of October Then the Queen went into the Marches of Wales and staid at * Ib. f. 600. The Queen goes with her Army into the Marches of Wales to find out the King and takes him with H. Despenser the Younger and others Hereford a Month from whence she sent Henry Earl of Lancaster and Rhese ap Howel a Clerc and Welsh-man who knew those Parts well with part of her Army to find out the King and by Money corrupted the Welsh-men so as they discovered him to be in the Abby aforesaid where he was taken with Hugh Despenser the Younger Robert Baldock and Simon de Reding 2 Ibm. who were committed to the Custody of the Earl by the Advice of the Bishop of Hereford Before it was known where the King was it was supposed he had left 3 Append n. 70. It was supposed the King was out of England England and 4 quitted the Government whereupon on the 26th Day of October at Bristol the Arch-Bishop of Dublin the Bishops of Winchester Ely Lincoln Hereford Norwich and other Prelates and Thomas Earl of Norfolk Edmund Earl of Kent the King's Brothers Henry Earl of Lancaster and Leicester Thomas Wake Henry de Bello Monte or Beaumont William la Zouche de Ashby Robert de Monte alto or Montalt Robert de Morle Robert de Wattevile and other Barons and Knights in the Presence of the Queen and the Duke of Aquitan her Son by the Consent of the whole Community of England being then present unanimously chose the same Duke to be Guardian of the Kingdom so as the The Prince or Duke of â— Aquitan made Guardian of the Kingdom said Duke and Guardian should Govern the Kingdom in the Name and Right of the King his Father in his absence And he took the Government of the Kingdom upon him accordingly and passed all Matters under his Privy Seal not having any other Afterwards on the 20th of November when the Queen 's and Duke's Enemies were taken and the King was returned into his Kingdom the Queen Duke Prelates and Noblemen aforesaid with the Assent of the Community aforesaid then being at Hereford by reason that the Power of the Guardian ceased by the King 's coming into his Kingdom sent the Bishop of Hereford to The Great Seal sent to the Queen and her Son the King then at Monmouth to beseech him to Command That all things that might tend to the Peace of the Kingdom might be Sealed with the Great Seal then with him This was done in the presence of the Earl of Lancaster c. and the King was prevailed on to send the Seal to his Wife and Son to 5 Ibm. 6 Wals f. 125. n 30 40. The King carried to Kenelworth-Castle The Earl of Arundel and 2. others Heads struck off at Hereford Seal what they would with it Whilst the Earl of Lancaster was carrying the King through Wales 6 by Monmouth Lidbury and other Places to his Castle of Kenelworth in Warwickshire they sent Hugh Spenser the Son Robert Baldock and Simon Reding to the Queen at Hereford Before their coming the Earl of Arundel John Daniel and Thomas Micheldene had their Heads struck off by the Procurement and Hatred of Roger Mortimer who 7 Ibm. n 40 50. Mortimer the Queen 's most familiar Counsellor was at this time the Queen's most familiar Counsellor Consiliarius Reginae familiarissimus without whom the Queen did nothing 8 Ibm. n. 40 50. Those that brought Hugh Spenser for their Reward had Two thousand Pounds as she had promised And 9 Ibm. H. Despenser the Son drawn hanged and quartered soon after he was adjudged to Death without being put to answer sine Responsione and was Drawn and Hanged upon a Gallows 50 Foot high and then Quartered and his Head fixed upon London-Bridge 1 Ib f. 126. lin 3. Simon Reding drawn and hanged On the same Day Simon Reding was Drawn and Hanged for speaking hard things of the Queen Yet Knighton 2 Col. 2547. n. 10 20 c. Knighton's Relation of the Judgment of H. Despenser the Son reports Hugh Spenser the Younger was Arraigned before Sir William Trussel a Justiciary in the Form there mentioned which was by way of a Speech made against him as 't is here contracted Hugh le Despenser 3 Ibm. Sir W. Trussell's Speech against H. Despenser the Son in the Parlement at Westminster in the 15th of the King your Father and you Hugh were awarded Traytors and Enemies of the Realm and Banished as such never to return without the Assent of the King in full Parliament duely summoned Contrary to which Award your Father and you Hugh were found in the Court without Warrant And you Hugh as you returned into the Kingdom feloniously spoiled and robbed Two Domands Merchant-Ships so called of Goods to the Value of Forty thousand Pounds Hugh after this Felony you came to the King and caused him to go with Force against the Peers of the Realm and other his Liege People to destroy and disherit them contrary to the Great Charter And also taking upon you Royal Power you Hugh and your Assistants with Force and Arms robbed feloniously the good People of the Realm and by Andrew Harleye and other Traitors your Adherents Murdered the good Earl of Hereford Monsieur William Sullee and Monsieur Roger de Berfelde at Borough-Bridge and caused to be taken my most Honourable Lord Thomas the Good Earl of Lancaster and caused him to be Judged by a false Record against Law Reason and the Great Charter and also to be Murdered Martyred and put to a cruel Death Also in the same March in the French Journey to Borough-Bridge you caused many of my Lords the Earl of Lancaster Barons and Knights to be Drawn and Hanged by false Record against Law and Reason 4 Col. 2548. n. 10 20 30. and caused other Great Men to be put in Prison and Murdered to get their Estates as Roger Mortimer the Nephew and Vnkle Hugh Audeley Father and Son and the Earl of Hereford Hugh after this Destruction of the Nobility you Hugh your Father and Robert Baldock usurping Royal Power over the King led him and his People into Scotland against his Enemies where you Hugh by your Traiterous Conduct caused him to lose 20000 of his People to his great Dishonour and Damage of the Realm and to return without doing any thing Hugh 5 Ibm. n. 40 50 60. this Treason nor this Tyranny would satisfie you until by Royal Power gained over the King you destroyed the Franchises of Holy Church and the Prelates as the Bishops of Hereford Lincoln and Norwich taking their Goods out of their Churches And whereas you knew God had done great Things by my Lord the Earl of Lancaster you caused to be murdered you placed armed Guards and shut the Church-Doors that none should
Knighton col 2549. n. 50 60. sent to the King then Prisoner in Kenelworth-Castle Three Bishop's Two Earls Two Barons Two Abbots and Two Justices amongst whom was Sir William Trussell before noted Proxy to the whole Parlement to Resign their Homage and Fealty to the King which he did in this manner 8 Append. n. 73. Homage and Fealty resigned to K. Edw. I William Trussel Procurator of the Prelates Earls and Barons and other People in my Procuracy named having for this full and sufficient Power do Resign and Deliver up to you Edward King of England as to the King before this Hour the Homage and Fealty of the Persons in my Procuracy named and do Return them upon you Edward and make Quit or Free the Persons aforesaid in the best manner that Law and Custom may do it And do make Protestation in the Name of those that will not for the future be in your Fealty or Allegiance nor claim to hold any thing of you as King but shall hold you as a Private Person without any manner of Royal Dignity Sir Thomas de la Moor 9 f. 600. n. 40 50. tells us who the Three Bishops were John Straifort Bishop of Winchester Adam de Torleton Bishop of Hereford and Henry Burwash Bishop of Lincoln Three Principal Companions The Bishops of Lincoln and Winchester circumvent the King by Promises and Threats in transacting this Affair The Bishops of Winchester and Lincoln came before the rest to the King who with his Keeper the Earl of Lancaster persuaded him to resign his Crown to his Son and circumvented the King promising him as much Honour after his Resignation as before and on the other hand threatned him if he would not the People should yield up their Homage and Fealty and repudiate his Sons and Choose one not of Royal Blood With these and other importune Promises and Threats they obtained their Desires And then the Bishop of Hereford 1 Ib. f. 601. lin 4. c. brought in all the other Commissioners sent by the Parlement into the King's Chamber where the whole Matter they came for was dispatched not without great Grief and Reluctancy from the King Walsingham 2 f. 126. n. 20 30. reports all the Nobility met at London on the morrow of or day after Twelfth-day in Parlement and Judged the King Vnfit to Rule and for several Reasons to be Deposed and his Son Prince Edward to be chosen King Of which when the Queen had notice 3 Ibm. The Queen outwardly sorrowful she was full of Grief outwardly ut foris apparuit But the Prince affected with this outward Passion of his Mother would not accept the Title against his Father's Will and Consent Et 4 Ibm. n. 40 50. The Prince unwilling to receive the Crown juravit quod invito Patre nunquam susciperet Coronam Regni The King when he received this News by the Commissioners was much disturbed and said since it could be no otherwise he thanked them for choosing his First Born Son making his Resignation and delivering up the Royal Ensigns and Tokens of Sovereignty The Commissioners returning to the Parlement at K. Ed. resigns London with the King's Answer and the Royal Ensigns made the Rabble 5 Ibm. His Son made King rejoice and presently the whole Community of the Kingdom admitted Edward a Youth of Fourteen Years of Age to be their King on the 20th Day of January which they would have to be the First Day of his Reign And from that time he acted as King before his Coronation as may appear by the 6 Claus 1 Ed. III. Part. 1. M. 28. Append. n. 74. Writ to all the Sheriffs of England to proclaim his Peace The King to the Sheriff of Yorkshire Greeting Because Edward Note this Writ late King of England our Father by Common Council and Assent of the Prelates Earls Barons and other Great Men and also of the Communities of the said Kingdom of his own Free Will removed himself from the Government of the said Kingdom Willing and Granting That we as his First-Born and Heir of the Kingdom should take upon us the Rule and Government And we yielding to the Good Pleasure of our Father by the Counsel and Advisement of the Prelates Earls Barons Great Men and Communities aforesaid have taken upon us the Government of the said Kingdom and received the Homages and Fealties of the said Prelates and Great Men according to Custom Therefore desiring our Peace for the Quiet and Tranquillity of our People to be inviolably observed we Command That presently after sight of these Presents you cause our Peace publickly to be proclaimed through your whole Bailiwic forbidding all and singular under the pain of Disinheriting and losing Life and Member That they presume not to infringe or violate our Peace but that all Men do prosecute their Suits and Actions without violence according to the Laws and Customs of the Land c. Witness the King at Westminster the 29th of January On the First of February being Sunday he was Crowned In the time between his being declared King and his Coronation the Londoners fearing themselves for their Cruelty against the Bishop of Excester to palliate their Wickedness 7 Hist Sacr. f. 367. vol. 1. The Londoners sorce the Bishops to swear to maintain and desend all the Rights Liâ—e ries of the City interim Londinenses sibi metuentes de crudelitate Patrata in Episcopum Exoniensem ad palliandum iniquitatem eorum c. forced the Arch-Bishops of Canterbury York and Dublin and the other Bishops which came to the Parlement to come to their Guild-Hall where all the Bishops except the Arch-Bishop of York the Bishops of London and Carlisle Sware to maintain and defend the Rights and Liberties of the City in the presence of the Earl of Kent and an immense Multitude who came to see the Silliness of the Bishops how they Sacrificed to Mahomet 8 Ibm. In presentia Comitis Cantiae multitudinis immensae qui ad videndum fatuitatem Episcoporum quo modo Mahumeto Sacrificabant confluxerunt The Bishop of Rochester protested The Bishop of Rochester's Protestation before a Publick Notary and Witnesses especially called That it was not his Intention to Swear but saving his Order and saving all Things contained in Magna Charta The King was all this time 9 De la Moor f. 601 602 603. The Nation begins to be sensible of the King's Condition Prisoner in Kenelworth-Castle not knowing what further they were doing The Nation observing what had been done seeing the Queen engaged and the Prince carried along with them not then perhaps suspecting or in the least understanding the Designs of the Heads and Privado's of the Faction began to be sensible of the King's Condition and to consider the Pretences of his Enemies and to think how they might be kind to him and prevent further Mischief His Keeper the Earl
Church That to the prejudice of his former Bulls he caused Execution to be done as well upon their Persons as Goods for which he demanded Reason sending to him Two Cardinals to cause him to put things in such a State that might satisfie him Requesting him to Command That the Accused and their Goods might be put under the Power of them Two In pursuance of his 9 Ib. p. 10 11. Bull full of Discontent the Pope suspended the Power of the Arch-Bishops Bishops Prelates and Inquisitors in France and removed the whole Affair before his own Person which made the Pursuit of the King void and of none effect Which the King resented by a Remonstrance which he made on his part A Couragious Remonstrance â—aith the Author and full of Resolution Remonstrance couragense plâ—in de Resolution for he complained first The Pope was cold to second this just Pursuit it being without difficulty That God hated nothing more then those that were Lukewarm this was to give Consent to the Crimes of the Accused and give them Assurance they need not confess their Faults That the Pope was subject to the Laws of his Predecessors and as some have said that he might be Censured in a Case of Faith That the suspension of the Power of the Inquisitors made by the Pope was much prejudicial to this Affair giving hope to the Templars they might find favour before him or that the Business would never be ended That what he did was as a Catholick King not as an Accuser not as a Threatner or Partial Promoter but as the Minister of God a Champion of the Catholick Faith a Zelot for the Divine Law and for the Defence of the Church according to the Traditions of the Holy Fathers of which he was bound to give an Account to God The King by all ways shewing to the whole World that he 1 Ib. p. 11. went freely on in this Affair and by justifying himself he had done nothing without just Occasion satisfied the Cardinals and caused to be conducted to Poicters where the Pope then was some of the principal Templars that he might know from their own Mouths the Justice of his Procedure The Pope 2 Ibm. interrogated these Templars and 72 of them confessed that at their Reception into the Order they denied Jesus Christ and many other Crimes which were so horrible that he would not insert them in his Bull 3 Ibm. yet their Depositions were taken in Writing before the Bishop of Preneste the Two Legates sent into France and Three other Cardinals These Confessions 2 Ibm. p. 12. without constraint and of other most strange things and the freedom the King of France used changed the Resolution of the Pope and he saw well he had failed in the suspension of the Power of the Arch-Bishops Bishops and Inquisitors of France il vid bien quil avoit failli en suspendant le pouvoir c. for by his Bull he took off the Suspension and permitted the Bishops with all diligence to proceed within their Dioceses against the Templars In the mean time the 3 Ibm. Legates advised the Pope the King had put the Templars under their Power and judging they could not safely be sent out of the Kingdom without a great Guard he ordered they should be kept within the Realm by his own People always under the Name of the Pope and himself The King was very jealous of his Rights and Authority yet 4 Ibm. p. 13 14. shewed no Discontent however wrote to the Pope That as he had in no wise done injury to the Church Liberty so he intended not by the frankness he had used in delivering what he did to the Cardinals to do Violence to his own Rights and for the Templars Goods those he had deputed to keep them were his faithful Subjects and such as had the Charge of his Demain This Letter 5 Ib. p. 14. drew from the Pope a Bull by which he declared That what he had done and should do in this Affair by his Agents as well in respect of the Persons of the Templars as their Goods should be made no advantage to him nor prejudice to the King or Prelates Dukes Earls Barons or others of the French Nation as to their Homages Fees and other Rights they could pretend to upon the Goods of the Templars both Moveable and Immoveable since their being secured While these things were in agitation fearing lest there might be alteration in his Proofs there being as yet no Process made 6 Ibm. p. 15. the King by Deliberation of his Council with the Advice of the Prelates Princes and Barons of his Realm issued a Commission as well to Frier William of Paris of the Order of Preachers and the Pope's Inquisitor in France as to some Gentlemen upon the place where the Accused were Prisoners to assist on his part in Interrogating the Templars in which Commission were inserted their chief Names That when they first entred into the Order they denied Jesus Christ three times and spit upon the face of the Crucifix so often that those that were received kissed those which received them on the Breech the Navel and Mouth and then obliged themselves and made a Vow to expose themselves one to another for the Exercise of the Execrable Sin of Sodomy The 7 Ibm. p. 15 16. Inquisitor and Gentlemen lost no time in the Execution of these Commissions but laboured without intermission to perform what the King had injoined them so as the Inquisitor on several days Heard and Examined 140 Templars of the Temple at Paris who all agreed That at their Reception into the Order they were made to deny Jesus Christ and spit three times upon a Crucifix that was presented to them Secondly They all deposed That he who was received kissed the Receiver in the Mouth Navel and Breech Thirdly That they had straight Prohibitions aginst the Carnal Knowledge of Women but if pushed with Carnal Appetite the Brethren without Fear or Conscience might use one another Fourthly Some of them 8 Ib. p. 16. confessed they had Adored a Wooden Head gilt with a great Beard which was only brought forth at general Chapters The Grand Master 9 Ibm. James de Molay or Mauleu and Hugh de Peraldo being Examined amongst the rest confessed the same things and there was but 1 Ib. p. 17. Three of the whole number which affirmed they had never seen any ill in the Order The 2 Ib. 27 28. Pope not having any great Confidence in the French Inquisitors deputed Three Cardinals to Examine the Prisoners themselves at Crinon in Tourain that he might know whether their Informations were true From whose Report the Pope perceiving the Order to be more and more corrupt thought it necessary his Inquisition should be general and therefore dispatch't his Bulls or Commissions to all the Arch-Bishops Bishops and Officers in France England Wales Scotland Ireland
such as had been cast out of it for their Wickedness were sought up for Witnesses and Informers They also protest and declare it to be notorious That what the Brethren of the Temple had said or should say while in Prison ought not to prejudice the Order and that they were corrupted and compelled by Promises Money or fear of Torments and Contumelies they had seen others suffer whereas the false Brethren had great Promises made them and lived splendidly To prove these things they desire they might be in their former Liberty and might appear in the General Council and that those that could not come might appoint their Proctors These and many things more are contained in their Reasons Arguments and Articles of Defence which were delivered in Writing and due Form of Law to the Pope's Commissioners as may be seen in the Instruments themselves before cited in the Margin The Pope by his 5 â—pelm Concil vol. 2. f. 458. Labbei Concil Tom. 11. Part. 2. col 1539. A. D. 1308. Bull dated at Poicters on the 2d of the Ides or 12th of August in the 3d of his Pontificate A. D. 1308. had Summoned a General Council to meet at Vienne in Dauphin on the Calends or first of October two Years after the same Calends then next coming and from that time by a second Bull 6 Labbei ib. col 1554. Dated at Avenion on the 12th of the Calends of December or 22d of November in the 6th of his Pontificate A. D. 1310. he Prorogued the Meeting of the same Council to the Calends of October then next coming A. D. 1311. A. D. 1311. â— On the 11th of the Calends of April or the 22d of March next Ibm. Labbe col 1569. following on Thursday in the Week before Easter the Pope called a private Consistory of Cardinals and Prelates wherein he made void and utterly annulled the Order of Templars and on the 3d of April next coming A. D. 1312. the second Session of this Council began in which by Approbation of the Council the Pope published the Cassation as above Philip King of France being present with his Brother Charles of Valois and his three Sons The Bull by which this whole Order was dissolved hath this Title 7 Ibm. col 1557. Sententia de extinctione Templariorum a Clemente Papa V. lata in Concilio Viennensi The Sentence of Extinction of the Templars made by Pope Clement V. in the Council of Vienne Dated there on the 6th of the Nones or 2d of May 1312. an Exemplification whereof is to be found in the 8 â—ot Claus 7 Ed. II. M. 11. Dors Tower of London in which 't is said the Pope dissolved the Order non sine Cordis amaritudine dolore not without Grief and Bitterness of Heart for their unheard-of Wickedness and Obscenity which for the Filthiness of it could not be inserted in the Bull. Yet it was not done by definitive Sentence which could not of right be given upon the Inquisition and Process had against them but by way of Provision or Apostolick Ordinance 9 Labbe ib. D. E. Non per modum definitivae Sententiae cum eam super hoc secundum Inquisitiones Processus super his habitos non possemus ferre de jure sed per viam Provisionis seu Ordinationis Apostolicae by irrefragable Sanction to endure for ever by Apostolick Authority reserving all the Goods which in the Civilians and Canonists Sense are both Moveable and Immoveable to the Ordering and Disposal of the Apostolical See and then annexed them for ever to the Order of the Hospital of St. John of Jerusalem That the Templars were taken and imprisoned in England and their Goods as well Moveable as Immoveable seized in the same manner as in France hath been shewn before That also they were here Examined as there appears by the Instrument or Commission and Records here cited The Pope by his Bull or Commission Dated at Poicters the 12th of August 1309. appoints the Patriarch of Jerusalem the Arch-Bishop of York the Bishops of Lincoln Chichester and Orleans the Abbats of Lotyngiac in the Diocese of Paris and St. Germans in the Meadows near Paris Richard de Vaux Cannon of Narbon his Chaplain and Hearer of Causes in his Palace and Guido de Vich Rector of Hoshe in the Diocese of London to be Inquisitors into and Examiners of the Crimes of the Templars 1 Claus 3 Ed II. M. 21. Dors in the 3d of Edw. II. it was agreed Aâ—cordez est que tous les Templars Dengleterre that all the Templars of England should be brought to three Places London and Lincoln in the Province of Canterbury and those in the Province of York to that City to be examined by the Inquisitors and Examiners assigned by the Pope and by the Ordinaries or Bishops of the Diocese where they were and that the Inquisitors and Ordinaries should repair thither and the King commanded such as had the keeping of the Templars to carry them before them as often as they should be required and in the 4th of his Reign granted safe 2 Rot. Pat. 4 Ed. II. Part 1. M. 10. Conduct to the Pope's Inquisitors or Nuncio's the Abbat of Lotyngiac and Richard or as in the Record Sicard de Vaux with others to go to Places aforesaid and enquire upon the Articles sent by the Pope against the Order of the Templars and all and singular Persons of it What was proved against the English Templars before these Inquisitors 3 Col. 1â—30 n. 10 20 30. I have not seen Recorded 5 Thomas Stubbs in the Acts of William Greenfield then Arch-Bishop of York gives this very short Account of it That at London and York before the Arch-Bishop and Bishop of those Cities the Templars were solemnly examined by the Pope's appointment upon the Articles framed against them to which they gave competent and agreeable Answers and though they were accused in many things yet nothing was found for which the Order might seem justly to be disannulled This Arch-Bishop was in the Council and much Honoured by the Pope and when the Order was dissolved Pietate motus moved with Piety about the Condition of the Templars in his Diocese distributed them into Monasteries and commanded they should be provided for during Life Walsingham in his History likewise 4 Fol. 99. n. 10 20 30 40. makes a short Report of the whole Story and tells us That Philip King of France thought to make one of his Sons King of Jerusalem and to obtain for him all the Rents and Revenues of the Templars and upon this occasion caused many of them and the Great Master of the Order to be burnt in his Kingdom and procured the whole Order to be made null in the Council of Vienne But he missed of his Purpose and the Pope not without a great Sum of Money non sine magnae pecuniae interventu gave them to the Hospitalers About this time there had been
many heinous Crimes sworn against the Templars in the Provincial Council of London called at the Command of the Pope the same that were sworn against those in France They confessed the Report but not the Fact unless one or two Ribalds that is most wicked and profligate Men in every State to wit of Priest-Templars Knight-Templars Common Brethren and Servant-Templars Nisi unus vel duo Ribaldi in omni statu Yet at last they all confessed they could not purge themselves from the things charged on them so that every one of them were thrust into Monasteries there to do perpetual Pennance where they in all things behaved themselves well This Relation of Walsingham is taken out of Adam Murymonth 5 In 1310. 1311. who then lived and his very Words transcribed by him In the Sentence of Extinction of the Templars and Donation of their Lands and Goods to the Hospitalers all Possessors and unlawful Detainers of them of what State Condition Excellency and Dignity soever they were whether Bishops Emperors or Kings were Excommunicated unless within one Month after they should be required by the Master and Brethren of the Hospital of St. John's of Jerusalem or their Procurators they parted with and fully and freely restored them to that Order and also all that were Aiding Advising and Assisting in the Detaining of them and likewise all Chapters Collegiate and Conventual Churches Cities Castles Towns and other Places that detained them and delivered them not when required as aforesaid were put under Interdict from which Excommunication and Interdict they were not to be absolved until they had made full and due Satisfaction And besides these Punishments all Persons and Places that detained the Goods and Estates aforesaid and delivered them not that held Fees of the Roman or any other Churches were decreed ipso facto in very Deed to be deprived of them In the end of this Council says the last cited 6 Ibm. A D. Historian the Pope sent two Cardinals into England to receive the Lands Goods and Possessions of the Templars for the Use of the Hospitalers The Earls and Noblemen whose Progenitors had given them to the Templars the Order being dissolved possessed themselves of and refused to restore them so as the Nuncio's returned without doing the Business they came for The Pope's 7 Append. n. 76. Letter or Bull to the King That he should give his best Assistance in promoting of the Delivery of the Templars Goods to the Master and Brethren of the Hospital or their Procurators and further That he should expresly Command all his Earls Barons Great Men Corporations and Bodies Politick Seneschals Bailiffs and other Officers which were by him deputed to keep those Goods to deliver them when required was Dated the 26th of the same Month of of May in which he passed the Sentence of Extinction This in all probability was the Bull or Letter by which the two Cardinals as Procurators or Attorneys came to demand the delivery of the Lands of the Templars for the Hospitalers On the 25th of November 1313 by virtue of a long tedious 8 Rot. Claus 7 Ed. II. M. 12. Dors Instrument for the restitution of the Possessions Goods and Chattels to the Hospitalers which had belonged to the Templars in England in which the Pope's Proceedings against them were recited Albert of Black-Castle de Castro nigro Great Commander of the Hospital of St. John's of Jerusalem and Deputy of the Great Master and Leonard de Tibertis Prior of the Hospital of St. John's of Venice and Procurator General of the Order Their Procurators petitioned and required That whereas the Pope had given by Consent of the General Council all the Houses Churches Chapels Oratories Cities Castles Towns Lands Granges Places Possessions Jurisdictions Rents and Rights and all Goods Moveable and Immoveable with all their Rights Members and Appurtenances and annexed united incorporated and applied them to the Greatness and Extent of Papal Power de plenitudine Apostolicae potestatis to the said Hospital c. The King hearing this Supplication made Protestation for the Preservation of his Right and Rights of his Subjects notwithstanding such Restitution and Rendring and that if he made such Restitution it was for fear of the Danger which he foresaw might come upon him and his Kingdom if he did it not and which for the shortness of Time and other Causes could not be avoided And further protested That at a â—it time he and his Subjects would demand the Goods as if they never had been restored Three Days after on the 28th of November the King caused to be delivered all the Things above mentioned to the two Procurators Albert and Leonard according to the Pope's Bull directed to him and to avoid the many Dangers and Damages that might otherwise happen to him his Dominions and Subjects saving the Right of him and his Subjects according to the Effect of his Protestation The King's Letter to this purpose was directed to the Guardians 1 Ibm. of the Lands and Tenements of the Templars in London and Suburbs and the like Letters were sent 2 Ibm. to Fifty six other Guardians of their Lands and Possessions in all Counties and several particular Places in England and to Audomar Earl of Pembroke to deliver and surrender the new Temple with all its Lands Tenements and Appurtenances in London the Suburbs and Middlesex In like 3 Ibm. manner he wrote to the Bishop of Lincoln several Noblemen and all the Sheriffs of England And then after these Letters and Instrument there is entred upon Record a long impertinent 4 Ibm. Acquittance reciting the Proceedings as before in their Request against the Templars from these Procurators by which they acknowledge themselves to be well contented and paid bene contenti pacati by the King and all others in the Restitution c. Dated in London on the Nones or 5th of December A. D. 1313. The Pope by a long Bull dated on the 5th of the Kalends of November or 28th of October in the 4th of his Pontificate commanded Robert Winchelsey Arch-Bishop of Canterbury A. D. 1309 to deliver an Abstract of it to the King and to Expound it to him which was thus Directed 5 Râ—g stâ—â—m Wâ—nchelsâ—y f. 6. â— in Doctors-Commons Excellentissimo Principi Domino suo vobis Domino Edwardo Dei gratia Regi Angliae illustri Domino Hiberniae Duci Aquitaniae insinuamus Exponimus nos Robertus permissione Divina Cantuarensis Archiepiscopus totius Angliae primas ex injuncto nobis mandato Apostolico quae inferius discribuntur To the most Excellent Prince and his Lord you Edward by the Grace of God illustrious King of England Lord of Ireland and Duke of Aquitan we Robert by Divine permission Arch-Bishop of Canterbury and Primate of all England by the Pope's Command do insinuate and declare to you the things under-written Which were these Grievances 1. That his Officers altho they were bound
sent and wrote to the King for Redress but could never receive any Answer from him therefore lest the Glory of Ecclesiastic Liberty which was the Gift of Heaven should be sullied ne Ecclesiasticae Libertatis gloria coelestis muneris dono concessa in vestris regno terris in vestrae salutis honoris dispendium maculetur c. the Pope renewed the same Exhortations with Paternal Affection intreating admonishing and persuading in him that gives Health to Kings in eo qui Regibus dat salutem that he would not suffer these Grievances Injuries and Troubles to be done but that he by his Royal Protection would defend and cherish the Churches and Persons themselves for the Divine Reverence of the said See and of the Pope pro divina dictae sedis Domini nostri summi Pontificis reverentia And then he demands the Annual Sum of Rent of 1000 Marks per Annum which he was bound to pay to the Roman Church and the Arrears of it for about 15 years in his Father's time and his The 7 Ib. a. b. Pope concluding and closing with Devout Prayers and Humble Supplications to his Royal Highness and Magnificence seriously to consider how his Progenitors Kings of England that duely Honoured God and his Spouse the Church inlarged their Government qualiter progenitores vestri Reges Angliae qui Deum Ecclesiam sponsam suam debite honorabant principatuum suorum culmina latius diffundebant c. and how Peace and Quiet prevailed in their times and how the Kingdom then abounded in Wealth How also in the times of those Kings who stopt their Ears to the Admonition of the Church and by an elated or proud Obstinacy despising her Advice and not regarding her Exhortations brought upon themselves and Kingdoms great Troubles and Dangers And therefore to avoid them presseth him effectually to compel his Officers and Ministers to abstain from acting such Grievances and to protect and defend the Churches and Ecclesiastick Persons and to pay the whole Pension or Rent as he was obliged After the delivery of these Gravamina Grievances by the Pope's Command he sent 8 Append. n. 77. to him a very formal Account of it and the King's Answer That he had frequently Treated about the Execution of his Command with some of his Suffragan Brethren that had received the like and that afterwards on the 3d of the Kalends of March or 27th of February in the presence of the Patriarch of Jerusalem his Brother Suffragans the Bishops of London Winton Sarum Lincoln Norwich Chichester Worcester Excester Bath and Wells and St. Davids and of some Earls and Barons of the Kingdom he declared the Contents of his Mandate to the King and delivered them to him written in Latin and French with Exhortations and Admonitions And that because the King said he would deliberate upon them he came to him again with some of his Brethren on the Ides or 15th of March to receive his Answer who not appearing after long waiting he sent the Bishop of Worcester then Lord Treasurer to him and desired he would give an agreeable and convenient Return to the Roman Church and to him concerning the things declared and delivered to him That at length he let him know by the Lord Treasurer and John de Longham a Frier Preacher and his Confessor That he could not make Answer then for that the Contents of the Mandate not only touched him but all the Earls Barons and Great Men of the Kingdom with whom he could not then Treat as was necessary to be done but hoped he might in a short time That at last the King with his Council on the 2d of the Kalends of April or 31st of March answered in this Form That saving the Right of his Crown in as much as he could he would in all things as a Devout Son of the Church obey him and the Holy Apostolick See Adding That before the notice of these Letters there had been Discord raised between some Great Men of his Kingdom which was not yet composed for which reason he could not fully Deliberate so as to give a suitable Answer to all things in his Mandate but so soon as the Differences between the Noblemen were made up he intended to call a Council of his Kingdom and send such Answers by his own Messengers before the time prefix't for a General Council as might be pleasing to God acceptable to him and the Apostolick See advantageous to Holy Church and to his own and the Kingdom 's Profit and Honour In the Twelfth of his Reign he prohibited 9 Append. n. 78. the Arch-Bishop of Canterbury the Prelates and Clergy That in their principal Synod to be held at London they should not attempt to do or ordain any thing against his Crown and Dignity or against the State of the Kingdom but if they had any thing to Prosecute or Determine concerning the State of the Church themselves or himself it should be Transacted in the next Parlement he had then summoned to meet at Lincoln In the 1 Ib. n. 79. Fifteenth year likewise he commanded the Arch-Bishop of Canturbury and the other Prelates that were to meet in the Provincial Council to be held at London That they should not determine do or any ways ordain any thing prejudicial to himself the State of his Crown or his Kingdom There having been frequent Prohibitions directed to the Ecclesiastick Courts and many Doubts raised about what Pleas might be holden in them the King 2 Ib. n. 80. wrote to his Justices That Pleas meerly Spiritual as punishment for Mortal Sin such as Fornication Adultery and the like of which the punishment was sometimes Corporal sometimes Pecuniary especially if the Convict was a Freeman Also the punishment for the Church-Yard not being well fenced or the Church not being in good Repair or Decently Beautified in which Cases Pecuniary Punishments could only be inflicted Also if the Rector demanded of his Parishioners Oblations due and accustomed Tithes or if one Rector sued another for great Tithes Also if a Rector demanded a Mortuarie where it was due Also if a Prelate or Patron of a Church demanded a Pension due from the Rector Also for laying violent hands on a Clerk or defaming him were within the Cognisance of an Ecclesiastick Judge notwithstanding his Prohibition and these were the Heads of such things and Pleas as were then controverted btween and claimed by both Ecclesiastick and Secular Judges Taxes in this KING's Time IN the Parlement at Northampton in the First of his Reign the In Rot. Caput in Custod Cler. pipae Temp. Edw. II. Claus 1. Ed. II. M. 12. intus Earls Barons Knights and all others of the Kingdom omnes alii de Regno or Government granted to the King a Twentieth part of their Moveables except their Armor War Horses Jewels Robes and Vessels of Gold and Silver of Knights Militum aliorum liberorum hominum and other Freemen
Hugh Robert and Edmond Earl of Arundel did counsel him were it never so great Wrong During which Vsurpation by Duresse and Force against the Will of the Commons they purchased Lands as well by Fines levied in the Court of the said King Edward as otherwise And whereas after the death of the said Earl of Lancaster and of other Great Men our Sovereign Lord the King that now is and Dame Isabel Queen of England his Mother by the King's Will and Common Counsel of the Realm went over into France to Treat a Peace between the Two Realms of England and France upon certain Debates then moved the said Hugh and Hugh Robert and Edmond Earl of Arundel continuing their Mischief encouraged the said King Edward against our Sovereign Lord the King that now is his Son and the said Queen his Wife and by the Royal Power which they had to them encroached as afore is said procured so much Grievance by the Assent of the said King Edward to our Sovereign Lord the King that now is and the Queen his Mother then being beyond Sea that they remained as forsaken of the said King Edward and as exiled from this Realm of England Wherefore it was necessary for our Sovereign Lord the King that now is and the Queen his Mother being in so great Jeopardy of themselves in a strange Country and seeing the Destruction Damage Oppressions and Disherisons which were notoriously done in the Realm of England upon Holy Church Prelates Earls Barons and other Great Men and the Communalty by the said Hugh and Hugh and Robert Earl of Arundel by the encroaching of such Royal Power to them to take as good Counsel therein as they might And seeing they might not remedy the same unless they came into England with an Army of Men of War and by the Grace of God with such Puissance and with the help of Great Men and the Commons of the Realm they have vanquished and destroyed the said Hugh and Hugh Robert and Edmond Wherefore our Sovereign Lord King Edward that now is at his Parlement holden at Westminster at the time of his Coronation on the morrow after Candlemas in the First Year of his Reign upon certain Petitions and Requests made to him in the said Parlement upon such Articles above rehearsed by the Common Counsel of the Prelates Earls Barons and other Great Men and by the Communalty of the Realm there being by his Commandment hath Provided Ordained and Established in Form following First That no Great Man nor other of what Estate Dignity or Condition he be that came with the said King that now is and with the Queen his Mother into the Realm of England nor none other then dwelling in England that came with the said King that now is and the Queen in Aid of them to pursue their said Enemies in which Pursuit the King his Father was taken and put in Ward and yet remaineth in Ward shall not be Impeached Molested nor Grieved in Person nor in Goods in the King's Court nor other Court for the Pursuit of the said King taking and with-holding of his Body nor Pursuit of any other nor taking of their Persons Goods nor Death of any Man or any other things perpetrate or committed in the said Pursuit from the Day that the said King and Queen did arrive till the Day of the Coronation of the same King What follows in this Statute is not much to our purpose Those concerned in the Conspiracy against and Design upon the King thought them well covered by this Preamble and themselves well secured by this First Chapter After the end of this Parlement there were 3 Rot. Claus 1 Ed. III. M. 16. Dors The Scots refuse to treat of a Peace They break the Truce with England Commissioners sent to the Borders of Scotland to Treat of Peace but the Scots refused to Treat with them and not only so but brake the Truce which had been made with King Edward II. raised an Army and invaded England 4 Wals f. 127. n. 40. They make their escape from Stanhop-Park The Young King and his Mother raised an Army and with the Stipendiary Strangers marched against them and had almost inclosed them in Stanhop-Park in the Bishoprick of Durham yet in the Night they escaped and got into their own Country but threatned to return again Wherefore for the Defence of the Kingdom and other Matters there was a Parlement called to meet on the morrow of Holy Cross or 15th of September at Lincoln The 5 Rot. Claus ut supra Writ in which most of this Relation is contained bears Date at Stanhop Aug. 7. The English and Haynalters quarrel In their March towards the Scots the Haynalters Domineering over the English they Quarrelled at York where many were killed and the most English whether for fear of the English or 6 Knighton col 2551. n. 50. Wals ut supra The Haynalters c leave England for what other Reason the Haynalters and other Foreigners 7 Ibm. c. 2552. n. 40. left England not long after well Rewarded with Gold and Silver by the Queen and Mortimer and others of their Faction What was done in this Parlement I find not This Year there was another 8 Rot. Claus 1 Ed. III. M. 3. Dors Summoned to meet at York on the next Sunday after the Purification of the Virgin Mary to Treat of certain Articles propounded and declared between the Two Nations at Newcastle but nothing was done at this Parlement the Bishops and other Great Men not appearing and therefore as is expressed in the Writ 9 Rot. Claus 2 Ed. III. M. 31. Dors A Parlement at Northampton Dated March 5. next following he called another Parlement to meet three Weeks after Easter at Northampton In this Parlement 1 In A. D. 1327. A shameful Peace made with the Scots says Murymuth and Walsingham from him facta fuit turpis Pax inter Anglos Scotos there was made a shameful Peace between the English and Scots by the Direction and Contrivance of the Queen and Roger Mortimer by which David Son and Heir to Robert Brus King of Scotland was to Marry Joan King Edward ' s Sister both Children And he was also to release all his Right and Claim of Superiority that he and his Progenitors had in the Kingdom of Scotland and to deliver up all Charters and Instruments concerning the same Some great Matters having hapned after this Parlement that required great Advice there was a 2 Rot. Claus Ed. III. M. 15. Dors A Parlement at Salisbury Writ issued Aug. 28. for another to meet at Salisbury on the Sunday next after the Quinden of St. Michael In this Parlement 3 Wals f. 129. n. 10. Three new Earls made in this Parlement there were made 3 Wals f. 129. n. 10. Three new Earls made in this Parlement three Earls Iohn of Eitham the King's Brother Earl of Cornwal Roger Mortimer Earl
of the Marches of Wales and the Butler of Ireland Earl of Ormond 4 Ibm. To this Parlement the Earl of Lancaster the Lord Wake and other Noblemen came not tho' they came armed near to the Place 5 Knighton col 2554 n. 10 20 c. They raise an Army for the Queen against the Earl of Lancaster These new Earls and their Adherents raised a great Army for Queen Isabel against Henry Earl of Lancaster and other Great Men who had not consented to their wicked Deeds and with a great Force of English and Welsh marched to Leicester and there plundered and spoiled the whole Country The Earl of Lancaster was then in the South parts of the Nation with great Force and marching toward Roger Mortimer and his Army encamped near Bedford intending to give him Battel where the King 's two Unkles 6 Ibm. â—â— 40 50. The King 's two Unkles leave the Earl of Lancaster Thus deserted he makes his Submission Thomas of Brotherton and Edmund Earl of Kent left him and submitted themselves to the Queen-Mother and Mortimer Seeing himself thus deserted he made his Submission to the King before the whole Army and was by the Mediation of Simon Arch-Bishop of Canterbury and other Bishops reconciled to him 7 Claus 3 Ed. III. M. 31. Dors making Oath with others in his Company and giving Security by Recognisances That he nor they should attempt any thing upon the Bodies of the King the two Queens nor of any others great or small of their Council or that were about them nor should do or procure to be done any Evil Injury or Damage unto them privately or openly nor Assent to the doing thereof On the 25th of 8 Claus 4. Ed. III. M. 41. Dors A. D. 1329. A Parlement at Winchester January the First Day of the Fourth Year of his Reign the King Summoned a Parlement to meet at Winchester on the Sunday before St. Gregory or 13th of March where on 9 Wals f. 129. n. 20 30. The Earl of Kent adjudged to death in that Parlement For intending to deliver his Brother K Ed. out of Prison the morrow of that Feast or 12th of that Month the Earl of Kent was seized and adjudged to Death 'T is not agreed amongst the Historians about the Cause of his Death Most report it was for his Designing to set his Brother King Edward II. at Liberty being then as was reported and by him supposed to be living and Prisoner in Corf-Castle In the Articles against Mortimer presently to be mentioned 't is urged upon him That he was the Author of the Report to the Earl of his Brother 's not being dead and that he invented it to trick him out of his Life Edmund Son and Heir to Edmund Earl of Kent and his Mother Margaret Countess of Kent * Rot. Parl. 4 Ed. III. n. n. 11 12. His Son restored to the Blood and Lands of his Father requiring the Record made against the said Earl might for the Errours therein be revoked set forth in their several Petitions That his Father and her Husband was informed by Roger Mortimer Sir John Maltravers and other his Accomplices That King Edward was alive after he was Murdered with design to deceive him into a pretended Contrivance with them to release and deliver him out of Prison for which he lost his Life and Estate in the Parlement at Winchester as Mortimer confessed to the People at his Death and that he died wrongfully Whereupon Edmund was Restored to the Blood and Lands of his Father and the Countess to her Dower might have hapned out of regard to the King departed and went toward their own Countries grieving that they might not speak with or advise their Liege Lord as they ought 4. Also The said Roger by the said usurped Power caused the King to march forcibly against the Earl and other Peers of the Land which were appointed to be with the King to Advise him and so prosecuted them with Force that the said Earl and some others of his Company that wished Good to the Kingdom submitted to the King's Grace saving to them Life and Member and that they might not be Disherited nor have too great a Fine set upon them yet he caused them to be Fined so grievously as half their Lands if sold right out would only pay it and the others he caused to be driven out of the Nation and their Lands to be seized against the Form of the Great Charter and Law of the Land 5. Also Whereas the said Roger knew well the King's Father was Dead and Buried he by others of his Party in deceivable manner informed the Earl of Kent that he was alive wherefore the Earl being desirous to know whether it was so or not used all the good ways he could to discover the Truth and so long as the said Roger by his usurped Royal Power caused him to be apprehended in the Parlement holden at Winchester and so pursued him as in that Parlement he procured his Death Also The said Roger by his usurped Royal Power caused the King to give to him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in Decrease of the Revenues of the Crown 7. Also The said Roger in deceivable manner caused the Knights of Shires at the Parlement at Winchester to grant to the King one Man at Arms of every Town of England that answered in Eyre by Four and the Provost at their cost for a Year in his War in Gascoign which Charge he contrived for the Advantage of himself and Party in Destruction of the People 8. Also The said Roger by his Power caused Summons to be sent to many great Knights and others That they should come to the King where-ever he was and when they came he caused them to be charged to prepare themselves to go into Gascoign or Fine at his Pleasure which Fines were for the Benefit of him and his Party 9. Also The said Roger falsly and maliciously made Discord between the King's Father and his Queen and possessed her That if she went to him she should be killed with a Dagger or otherwise Murdered And by this way and his other Subtilties he so ordered it that she would not come at her Lord to the great Dishonour of her Son and self and great Damage to the whole Realm perchance in time to come which God forbid 10. Also the said Roger by his Usurped Royal Power had caused to be taken for him and his Party the King's Treasure as much as he pleased without Tale in Money and Jewels in destruction of the King so as he had not wherewithall to pay for his Victuals 11. Also the said Roger by the said Power caused to be shared by him and his Confederates the 20000 Marks which came out of Scotland for the Articles of Peace without any thing received by the King 12. Also the said Roger by his Royal Power received
at Berkele when he was Murdered The said Thomas saith That at the time of the Murder of the Murder of the said * Note That so often as Ed. the II. is any way mentioned in this Record he is acknowledged to have been King at the time of his Murder King he was sick at Bradelye without the said Castle and knew not what was done nor was consenting thereunto and thereupon put himself upon his Tryal by Twelve Knights named in the Record who found him Not Guilty nor that he fled or withdrew himself upon it but that he placed under him Thomas de Gurney and William de Ocle to keep the King by whom he was Murdered he had Day given him to hear his Judgment in next Parlement and the mean time was committed to Ralph Nevill Steward of the King's Houshold In this 4 Rot. Parl. 4 Ed. III n. 13. Richard Son to the Earl of Arundel restored to Blood Lands and Goods Parlement Richard Eldest Son to the late Earl of Arundel prayeth to be restored to Blood Lands and Goods seeing his Father was put to Death not being tried by his Peers according to the great Charter and the Law of the Land But because the Attainder was confirmed by Parlement at Northampton he mended his Petition and prayed to be restored of the King 's meer Grace and he was accordingly restored Also in the 5 Ib n. 14. A Thousand Pounds per Annum given to William Montacute for taking Mortimer without Bloodshed same Parlement the Prelates Earls and Barons pray and advise the King to give and grant 1000 l. per Annum to William Montacute and his Heirs for his Service in quietly taking Roger Mortimer Earl of March and his Confederates without Bloodshed a 1000 Marks whereof was to be out of the Lands of Mortimer Upon the same Prayer and Advice his Assistants 6 Ib. n. 15. His Assistants were likewise Rewarded Edward Bohun had 400 Marks per Annum to him and his Heirs Robert de Vfford 300 and John Nevill 200. In the 5th year of his Reign the King called a Parlement at A. D. 1331. Westminster to 8 Cl 5 Ed. III. M. 7. Dors Part. 1. meet on the morrow after Michaelmas The Bishop of Winchester being Chancellor 9 Rot. Parl. 5 Ed. III. n. 2. A Parlement called about the Business of France and Ireland And to ordain how the Peace might be kept declared the cause of Summons to be concerning the Dutchy of Aquitan and the King's Lands beyond Sea whether Peace should be made or other Issue put to the Dissentions between the King 's of England and France by reason of the said Lands and also about the Business of Ireland concerning the King's going thither to be advised by his Lieges in that Nation and likewise to ordain how the Peace might best be kept When also it was agreed That the King's Business ought to be dispatch't before any other auxint illoeques The King's Business in Parlement to be dispatch't before any other feust Accorde que les Busoignes le Roi deusseient primerement estre exploitez einz ce que Rien feust fait de nully autre Busoign The Chancellor further 1 Ib. n. 3. The Lords Advise the King to an Amicable Treaty with the King of France about the Dutchy of Aquitan c. applied himself to the Arch-Bishop of Canterbury and all the other Prelates Earls Barons autres Grantz and other Great Men for their Advice whether they thought it best for the King to proceed with the King of France by way of Process or War or Amicable Treaty They all agree in the 3d way by amicable Treaty with the King of France for the Restitution of Aquitan seeing the two former might prove dangerous and to that purpose the Bishops of Winchester Worcester and Norwich two or one of them as the King pleased with the Lords Beaumont Percy and Montague Monsieur Geofry Lescrop and Maistre John de Shordich were to be sent to the King of France As to the Business 2 Ib. n. 4. The Lords Advise the King to go in Person to Ireland of Ireland it was agreed by the King Prelates Earls Barons and other Great Men in the same Parlement si est accorde par nostre Seigneur le Roi Praelates Countes Barons autres Grantz en Mesme le Parlement c. That the King should provide himself to go thither as soon as he could and that in the mean time he should send over some Great Men with Men at Arms to aid the Justices and other Liege People against such as opposed the Government In this Parlement 3 Ib. n. 9. The Queen Mother to have Lands and Rents of the value of 3000 l. a year assigned her the King by assent of the Prelates Earls Barons and other Great Men and at their Request granted That the Queen his Mother not being well paid according to her mind Three thousand Pounds trois mill livres yearly which she was to receive out of the Exchequer for her support should have Lands and Rents of the value assigned to her Then for keeping of the Peace it was 4 Ib. n. 10. An Agreement how the Peace was to be kept agreed in full Parlement by the King Prelates Earls Barons and other Great Men of the Kingdom par nostre Seigneur le Roi Praelat Countes Barons autres Grantz du Royalme en pleyn Parlement chescun des ditz Grantz eut especialment examine assentat c. every one of the said Great Men having been especially Examined and Assenting That no Great Man of the Land for the future shall retain maintain or avow openly or privately by himself or others any Robber Evil-Doer endicted of Felony or Fugitive for the same nor any sued to Exigend Common Transgression or of Evil fame and the said Great Men promised with all their Power to assist the Justices Sheriffs and other the King's Officers in the Execution of Judgments and other things that belonged to their Offices as well against Great Men as others of what Condition soevery they were On the 27th of January in the 6th of his Reign the King issued his 5 Rot. Claus 6 Ed. III. M. 36. Dors A. D. 1331. A Parlement called Writs for a Parlement to meet on the Monday after St. Gregory or 12th of March reciting in the Summons the Cause of calling it which the Chancellor more fully declared 6 Rot. Parl. 6 Ed. 3 n. 5. To advise the King whether he should go to the Holy Land with the King of France To wit That the King of France and many other Kings and Princes quamplures alii Reges Principes so in the Writ had ordered his going toward the Holy Land in that present Month of March and that it much pleased him to have the Company of the King of England for the greater performance against the Enemies of God and for
this purpose sent Letters and Messengers to the King for whom he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether it was fit for him to Accompany the King of France or not After this Declaration 7 Ibm. Monsieur Geoffry Lescrop by Command of the King and in his presence before all the Prelates Earls Barons and other Great Men Reported That the King was Notorious Riots in the Nation informed and it was a notorious thing to them all That divers People defying the Law were gathered together in great Companies in destruction of the King's Lieges the People of Holy Church and the King's Justices taking and detaining some of them in Prison until to save their Lives they had received great Fines and Ransomes at the pleasure of the Evil-Doers some they put to Death and Robbed others of their Goods and Chattels doing other Mischiefs and Felonies and thereupon the said Geffry on behalf of the King charged The King demands Advice about his going to the Holy Land the Prelates Earls Barons and other Great Men That by the Faith and Allegiance they ought him they would Counsel him concerning his Voyage to the Holy Land which he very much desired to undertake with their Advice and also how the Peace And how to chastise and restrain the Rioters might be kept and how those Rioters might be chastised and restrained from their Wickedness The first care by the Advice of the 8 Ibm. The Lords advise to prosecute them by Law and Force Prelates Earls Barons and Great Men was against these Wicked People That the King should prosecute them by Law Force and all other good ways which should be advised him and accordingly Commissions were issued to the best Men in the Counties and Sheriffs to apprehend and imprison and raise the Posse Comitatus against them and cause them to be Endicted and punished according to their Deserts And it was further 9 Ibm. They were likewise to be Excommunicated Agreed by the King Prelates Earls Barons other Great Men the Knights of Shires and Communes par nostre Seigneur le Roy Prelats Countes Barons autres Grantz Chivalers de Countees Gentz du Comune c. That a Sentence of Excommunication ordered by the Prelates and Clergy should be pronounced against them in the Church of St. Paul in London and sent to all the Bishops in England to be also pronounced against them in their Dioceses First 1 Ib. n 6. The Reason and Terms of the Excommunication and who to be Excommunicated That all those who disturbed the Peace and Quiet of Holy Church and the Realm especially such as made Alliances by Covenants Obligations Confederacies or in any other manner were Excommunicated and so to remain Also 2 Ib. n. 7. the Receivers Favourers and Defenders of them Also 3 Ib. n. â— That all such Covenants Obligations Confederations and Alliances were made void and annulled by the said Prelates and that if any Oath was taken to confirm them that was also declared void As to his 4 Ib. n. 9. The Lords Answer about the King's going to the Holy Land going to the Holy Land they all concluded the time assigned by the King of France to be too short It was 5 Ib. n. 10. further declared in this Parlement on behalf of the King by Monsieur Geffry Lescrop That in the last Parlement in the 5th of the King at Westminster it had been agreed That the Debates moved between the Kings of England and France concerning the Lands beyond Sea should be reconciled by Treaty by way of Marriage or any amicable manner and that thereupon the King sent his Commissioners to the King of France who Treated with him and made Report to King Edward That the King of France said to them that if it pleased him to come to The King asked Advice of the Lords whether he should go into France to Treat Personally with that King him Personally he would do more favour to him than to any other wherefore 't was necessary to send speedily to the King of France and for this purpose he demanded the Advice of the Prelates Earls Barons and other Great Men in full Parlement whether in case the Messengers with the King of France at their return should inform the King his Affairs would be in a better condition if he went over in Person he should go or not and in that respect all the Prelates Earls Barons and other The Lords consent to his going Great Men consented to his going in hopes all Obstacles of a Composure between them might be thereby removed and much advantage accrew to him They also assented his Voyage into Ireland might be deferred until Michaelmas next coming so as in the mean time some Men at Arms and others might be sent in Ayd of his good People there The Saturday next after the meeting of this Parlement it was Dissolved Upon the Peace made at Northampton by the Contrivance of Mortimer and Queen Isabell to secure themselves King Edward lost his Superiority over Scotland and the English Noblemen and others the Lands and Estates they had there some of whom by consent of the rest went into France to Edward Baliol Son of Edward Baliol Son of John came out of France into England John Baliol late King of Scotland and brought him into England at what time he claimed the Crown of that Kingdom as Heir to his Father against David Son to Robert Brus 6 Walsingh f. 131. n. 20 30 Buchan f. 87. b. f. 88. a. b. f. 89. a. n. 30 c. Claims the Crown of Scotland and recovers it by King Edwards Assistance And was Crowned at Scone in which Claim by the Mediation of his Friends he was assisted by Edward King of England who furnished him with a small Army of English by which his Friends were encouraged to come to him and after several of the Regents of Scotland and Guardians of David and that Kingdom as Thomas Randolf James Douglas Andrew Murray and other Great Men of his Party either dying or having been killed or taken Prisoners in the Engagements Skirmishes and Battles between both Parties for the space of Two years the Brusians having always been worsted tho most in number and the greatest People by the constant Assistance of the English Edward Baliol was Crowned King on the 8th of the Kalends of September or 25th of August 1332 at Scone in the 6th of Edward A. D. 1332. the Third In the Second year of his Reign he made REcognition and an He doth Homage and Swear Fealty to King Edward c. in the presence and by consent of the Parlement of Scotland See the Original here under noted where to be found The Form of his doing Homage Acknowledgment That the Kingdom of Scotland was holden of the Kings and Crown of England by Homage Liege and Fealty as of their
King Edward marched through Scotland with a great Army ravaging burning and spoiling the Country all flying before him and none daring to oppose him At length returning to St. Johnston many Earl Barons Knights and other Nobles of Scotland having his safe Conduct came to him there and concluded a Peace with him as followeth These 1 Ibm. c. 23. The Articles of the Peace are the Points and Things accorded between the Council of the Kings of England and Scotland of one Part and Monsieur Alexander de Moubray Monsieur Geffry de Moubray Monsieur Godfry de Ros Sir William Bulloke and Eustace de Loreigne having Full Power from Monsieur David de Strabolgi Earl Duscelle and Robert Steward of Scotland to Treat Accord and Agree all Points between the foresaid Kings and the said Earl and Steward on the other Part. 1. First 'T is Accorded and Agreed That the Earl of Ascelle and the Great Men and all others of the Community of Scotland which came into the Conditions shall have Life and Member Lands Tenements Fees and Offices in Scotland which they ought to have of Heritage or other Right except those that shall be excepted by comune Assent 2. Also 'T is Agreed they shall have Pardon of Imprisonment and for all Trespasses by them done in the Realms of England and Scotland from the Beginning of the World to the Day of the Date thereof 3. Also That the Earl of Ascelles and Monsieur Alexander de Moubray shall have the Lands Tenements Possessions Offices and Fees they had in England at their Departure after the Homage at Newcastle upon Tine 4. Also 'T is Agreed that the Franchises of Holy Church in Scotland shall be maintained according to the ancient Usages of Scotland 5. Also That the Laws of Scotland in Burghs Towns Sheriffdoms within the Lands of the King of Scotland shall be used according to the ancient Usages and Customs of Scotland as they were used in the time of King Alexander 6. Also That the Offices in Scotland may be always administred by People of the same Nation and that the King of Scotland of his Royalty may make such Officers as he please and of what Nation soever 7. Also 'T is Agreed That all those that shall be in these Conditions or this Agreement of the Earl Dascelles that have Lands within the Lands of the King of England in Scotland may have again their Lands Tenements Possessions Offices and Fees as they had at their Departure after the said Homage made at Newcastle upon Tine except those that shall be excepted by common Assent 8. Also If they should be empleaded concerning their Lands and Tenements aforesaid they shall have their Defences and Recoveries in Court where they ought to have them The rest are of things that concerned particular Persons and not much material to be known now This Accord or Articles of Peace were writ in the Town of St. John in Scotland the 18th Day of August in the Year of Grace 1335. and 9th of Edward A. D. 1335. 9 Edw. III. III. On the first of November next following King David in consideration D. Bruce did Homage and sware Fealty to K. Edw. that his Predecessors and Progenitors Kings of Scotland in ancient times held and of Right ought to hold the Kingdom of Scotland of the Kings of England by Liege Homage and Fealty and that very many of them had made Personal Homage and done Fealty to them as appeared by ancient Records and Pleas of the Crown as well in Parlements as in the Iters or Circuits of the Chamberlains and Justices of his Predecessors and Progenitors * Append. n. 85. And by Advice and Consent of the 3 Estates in Parlement acknowledge him to be Superior Lord of Scotland by his Letters Patents made with the Advice and Consent of the Three Estates of the Kingdom in Parlement at Edinburgh did acknowledge to hold the Kingdom of Scotland of Edward III. King of England by Liege Homage and Fealty as of the Superior Lord of the Kingdom of Scotland notwithstanding all and all manner of Releases Remissions Quiet Claims and other Letters whatsoever made by any King or Kings of England to the contrary This Instrument was Dated in full Parlement on the first of November aforesaid in the 5th Year of his Reign and yet remains entire under the Great Seal of Scotland After this Treaty concluded with the Scots King Edward was at leisure to look after his Affairs in France and a meer Accident contributed much to his Claim of that Crown 2 Mezeray f. 377. Robert de Artois Earl of Beaumont who had been the greatest Friend to Philip of Valois in setting the Crown upon his Head 3 Ibm. f. 36. R. de Artois came into England and advised K. Ed. to make his Claim to France made Pretensions to the Earldom of Artois after the Death of Mahaut and brought several Grants under the Great Seal of France to confirm them which being strictly examined were found Counterfeit and Judgment given against him by the King Much moved at the Loss of his Pretensions and Honour reproached the King and provoked him to the utmost Extremity so that though he had Married the King's Sister he was Banished and his Estate confiscated who then 4 Froys vol. 1. c. 28. comes into England and advised King Edward to make his Claim to the Crown of France This being communicated to his Council they 5 Ibm. He consults his Friends advise him to consult his Father-in-Law William Earl of Haynault and his Brother John of Haynault who had done him great Service in Conducting his Mother and self into England before he attempted any thing in this Affair 6 Ibm. Accordingly he sent Henry Burghersh Bishop of Lincoln with two Bannerets and two Doctors to acquaint them with his Intentions 7 Ibm. They approve the Design advise him to make Alliances who not only approved the Design but advised the King to make further Alliances with some of the Neighbouring Princes In pursuance of this Advice 8 Pat. 10. Ed III. Part 2 M. 6. He Commissions Will. Earl of Haynault to treat about Alliances and Retainers by special Commission Dated the 16th of December he impowered William Earl of Haynault therein stiled Gulielmus Comes Hanoniae Hollandiae Zelandia ac Dominus Frisiae to Treat and Agree with such Noblemen Persons of Note and others as he should think fit about Alliances and Retainers The like Commissions and with the like Power of the same Date were sent to 9 Ibm. The like Commissions he gave to others William Earl of Juliers the King's Brother-in-Law being Husband to Joan Sister to Queen Philippa to Sir John de Montgomery Knight and to Mr. John Waweyn Canon of Darlington On the 19th of 1 11 Ed. III. p. 1. M. 11. They contract with several Noblemen others in Haynault Guelderland and Juliers April following a like Commission was issued
to Henry Bishop of Lincoln William Earl of Salisbury and William Earl of Huntington who were sent into Flanders and before the Month of May was ended 2 Rot. Aleman 11 Ed. III. M 9 10 11. A. D. 1537. What Men they were to find and what their Wages and Stipends they contracted with several Noblemen and others in Haynault Guelderland and Juliers to assist the King against France together with what Number of Men every of them were to find to serve the King and the Wages and Stipends or as now called Pay they were to receive for so doing In a very short time after 3 Ibm. 4 German Princes enter into Alliance with K. Edw. Reginald the Second Earl of Gueldres and Zutphen who Married Eleonora the King's Sister and William Marquess of Gulick came into the Alliance as also 4 Ibm. Rupert Count Palatine of the Rhine Duke of Bavaria Lewis the Emperor 5 Ibm. entred into a Confederacy with King Edward by which they obliged themselves and Heirs to Assist each other with all their Power to recover their Inheritances and Possessions Lewis the Emperor joins with him John Duke of Lorrain c. with-held from them by Philip of Valois About the same time 6 Ibm. M 8. And many petty Earls Lords retained to serve him John Duke of Lorrain Brabant and Lemburgh was retained for King Edward and many petty Earls and Lords In the same Year the 11th of Edward III. several of the same Confederacies are entred upon the 7 M. 1. 6. 11. The Wages of Retainers better than 18 d. a day A Man at Arms better than 18 d. a day Scots Roll where in some of them the Wages was expressed which was allowed by the King to his Retainers for every Man at Arms they brought into his Service by the Month viz. 15 Florens of Florence which was 45 s. Sterlin better than Eighteen pence a Day great Wages at that time The Allies and Confederacies on the French side were the 8 Du Chesue f. 646. C. The King of France his Confederates Bishop of Liege John King of Bohemia and Earl of Luxemburgh Henry Count Palatine of the Rhine Aubert Bishop of Metz Otho Duke of Austria Theodore Marquess of Montferrat Ame Earl of Geneva Gefrey Earl of Linanges Waleran Earl of Deux-Ponts Henry Earl of Vandemont John Earl of Sarbruck Imbert Bastard of Savoy and many other Lords and Captains of Almain Spain Franch-County Dauphine Savoy and other Countries the Scots and Duke of Lorrain Having made these Alliances against France King Edward before any Acts of Hostility 9 Rot. Alman 11 Ed. III. n. 13. A. D. 133â— Commissioners sent by K. Edw. to K. Ph. to treat about the Right of the Crown of France and to which of them it belonged constituted the Bishop of Lincoln the Earls of Salisbury and Suffolk and John Darcy his Agents by Commission Dated October 7. to Treat cum Magnifico Domine Principe Domino Philippo Rege Franciae Illustri with the Magnificent Prince Philip the Illustrious King of France or his Commissioners concerning the Right of that Crown and to which of them it belonged And by another 1 Ibm. They were also by another Commission impowered to treat about Aquitan c. and also a happy Peace Commission the same Persons were impowered to Treat upon all Controversies and Demands whatsoever relating to the Dukedom of Aquitan or other Parts beyond Sea and also of a happy and perpetual Peace Yet the same Day considering the famous Kingdom of France was lawfully devolved to him by Right of Succession and that he had claimed that Kingdom as his Inheritance he 2 Appen n. 85 B. A Commission to the Duke of Lorrain and Brabant to be Viceroy of France made John Duke of Brabant and Lorrain his Lieutenant Captain and Vicar-General there granting and committing to him meer Empire the Power of the Sword and all Jurisdiction high and low the Conusance and Decision of all Questions or Cases as well Criminal as Civil with Power to appoint Judges and Ministers as he pleased for the good Government of the Kingdom according to the Laws thereof The same Commissions were 3 Ibm. The same Commission to others granted and made to William Marquiss of Juliers William Earl of Henault and William Earl of Northampton to each of them severally the Words King of England and France and King of France and England being transpised that is sometimes England was put before France in these Commissions and sometimes France before England These Commissions so made he directed his 4 Ibm. He sent his Writ to all the great Persons of France and others to obey his Viceroys Writs of the same Date to the Arch-Bishops Bishops Dukes Marquisses Earls Barons and all other Persons in the Kingdom of France whatsoever commanding them willingly and freely to receive the said Duke and obey him in all things as if he were present himself letting them know That to the Obedient he would be very kind and to the Stubborn very severe The same Commands were directed to them in the Names of The same Commands were to obey others Marquiss of Juliers the Earls of Hanault and Northampton particularly and severally with the same transposition of Words King of England and France What were the Effects of these Commissions of Treaty and Lieutenancy I find not The Pope taking notice of these things to prevent the War between The Pope mediates a Peace between the two Kings the Two Nations sent to both Kings Peter Priest-Cardinal of St. Praxed and Bertrand Deacon-Cardinal of St. Mary in Aquizo if it might be to take up and end all Controversies between them 5 Rot. Fran. 11 Ed. III. M. 2. Dors Upon their Application to King Edward a Truce in hopes of a Peace to follow was obtained until the morrow after Candlemas in the 12th of his Reign It was thence continued 6 Rot. Alman 12 Ed. III. M. 36. to the first of March and from that time to 7 Rot. Alman 12 Ed. III. M. 36. Midsummer following if the King of France would agree to it But he not complying with the Terms of the last Continuation of the Truce King Edward was advised to declare it null which was done on the 8 Ibm. M. 16 6th of May and further to pass beyond Sea to confer with his Allies in prosecution of his Design against France He took the Advice and went to Antwerp But before he went the Cardinals prevailed with him to direct a 9 Rot. Alman 12 Ed. III. Part 1. M. 5. A. D. 1338. Commission Dated June 21. to John Arch-Bishop of Canterbury the Bishop of Durham Robert de Vfford Earl of Suffolk Sir Geofry le Scrop Kt. and Mr. John Vfford Arch-Deacon of Ely with full Power to treat and conclude all things in variance between them in order to a full and final Peace And by another
1 Ibm. Commission of the same Date John Duke of Brabant the Earl of Hanaw and Gueldres the Marquiss of Juliers and Sir William Dunork Lord of Onstrehout were added to them The Stiles of the Commissions were different in one 't is Philippus de Valoys Consanguineus noster Franciae Philip of Valoys our Kinsman of France without other addition In the other 't is Excellentissimus Princeps Dominus Philippus Rex Franciae Illustris Consanguineus noster Charissimus Most Excellent Prince the Lord Philip King of France our Illustrious most dear Cousin At Antwerp there was a Congress of the Confederates with King At a Congress of the Confederates Edward where on the 22d of July he revoked 2 Pat. apud Antwerp 12 Ed. III. M. 3. 7. The Commissions to treat were revoked the Power he had given the Commissioners abovesaid to Treat with Philip de Valois as King of France From thence the 3 Froys lib. 1. c. 32. K. Edw. made Vicar-General of the Empire Marquiss of Juliers was sent to the Emperor who obtained a Promise from him To make King Edward Vicar-General of the Empire 4 Ibm. c. 34. which was done accordingly and the Emperor commanded all People and Subjects of the Empire to obey the King of England his Vicar as himself and do him Homage In the 13th of his Reign at the Request of the Cardinals 5 Pat. Concess homin Angl. Vascon 13 Ed. III. M. 17. Another Treaty appointed without effect John Arch-Bishop of Canterbury Richard Bishop of Durham Henry Bishop of Lincoln the Earls of Derby Salisbury and Suffolk with others had on the 1st of July Authority to Treat with Philip de Valois or his Deputies upon the Dignities Honours Rights and Lands belonging to King Edward and all other Differences whatever The French Commissioners were the Arch-Bishop of Rouen the Bishops of Langres and Beavais the Place at Arras but without effect Having made this Progress toward a War with France for the obtaining that Kingdom 6 Wals f. 136. n. 50. See there the whole Letter and in Rob. Avesbury p. 83. b. K Edw. writes to the Pope and sets forth his Title to the Crown of France by Right of Succession he wrote to the Pope setting forth his Title to it That the Crown belonged to him by lawful Right of Succession as being Grandchild to Philip the Fair by his Mother Queen Isabel and tho' as he grants she could not Inherit by the Constitution of France yet when all the Sons of Philip were dead without Issue Male Charles the Fair being the last he claimed it as the nearest Male to his Grandfather and having the Right of Succession before Philip of Valois being Son to Charles Earl of Valois his Grandfather's Brother and affirmed That his Mother's Disability to take the Crown could not nor ought not to barr him of his Right This Letter bears Date at Antwerp July 16. 1339. in A. D. 1339. 13th Year of his Reign The Pope in 7 Wals f. 140. n. 20. The Pope's Answer to K. Edward s Letter answer to this Letter reprehends him for joining with Lewis of Bavaria the Emperor and receiving from him the Office of Vicar-General of the Empire seeing by his Predecessor Pope John XXII he had been Excommunicated and deprived of all Dignity and Honour who also had exercised the Power of the Apostolic Sword against all his Adherents who shewed him any Favour and gave him any Help or Advice or called or acknowledged him Roman King or Emperor declaring them Favourers of Hereticks Then persuading him to Peace and pretending great Affection to him advised him to hearken to the Cardinals that loved him sincerely and wished him Prosperity and in making Peace would propound nothing but what was pleasing to God and acceptable to the People This notwithstanding King Edward after he had been at Antwerp He entred France with an Army above a Year on the 19th of September 1339. saith Avesbury in October says Walsingham 8 entred France with a great 1 Ibm. f. 143. n. 30 40 50. Aves p. 86. b. Burns wastes and destroys the Country Army and burnt wasted and destroyed Cambresis or the Territory of Cambray and the Country of Vermundois and such as resisted him were put to the Sword 9 Ibm. Puts all that resisted him to the Sword The King of France marched towards him with a vast Army but when he came to Fighting he retreated for Fear The Pope hearing of this 1 Wals 144. n. 10 20. The Pope offers his Mediation for a Peace attributes the cause of not Fighting to Providence and an Act of Divine Clemency for the sparing of Christian Blood and after many Remarks upon it and the War beseeched the King for the Lord's sake and by the Mercy of God to think of Peace and in the mean time to consent to a Truce in order to a Peace and if the Cardinals by what they should propound could not effect it he offered his own amicable Mediation for a happy End and Composure of all Differences The King's Answers to the 2 Ibm. f. 145. 10 20 c. K. Edward's Answer to the Pope's offer of a Mediation Pope were his most humble Thanks for offering his Mediation and the Care and Affection he had for his Sons and that he should pursue his wholesom Advice but that Philip unjustly usurped the Crown of France lawfully devolved upon him after the Death of his Vnkle Charles the last King thereof That he had seized on Aquitan and excited the Scots to Rebell against him and therefore he intended not to neglect his Hereditary Rights but should endeavour to recover them by the Help of God and although that Kingdom had been demanded for him before the Cardinals who had earnestly and laudably laboured in the Business of Peace yet he could not obtain a reasonable Answer nor know what he would do or offer and that after many Treaties he would not hearken to Reason On the 3 Claus 13 Ed. III. Part. 2. M. 28. Dors A Parlement summoned 25th of August not long before King Edward's Inroad into France the Duke of Cornwal Guardian of England in his Name issued Writs for a Parlement to meet 15 Days after Michaelmass 4 Rot. Parl. 13 Ed. III. Part. 1. n. 4. The King sent to them an Account of his Affairs in France To which Parlement came the Arch-Bishop of Canterbury the Bishop of Durham and Monsieur William de la Pole from the King then in France to shew the Lords and Commons what he had done beyond Sea and his Condition there and the Mischief that had befaln him and those with him by reason he was not supplied from England At the same time came Letters to the Earl of Huntington and to the Prussia Merchants That the King was in France near St. Quintins with an Army of 15000 Men and more so as it was hoped with the Ayd of God
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
to the Prior and Convent against him which he desired might be read Which was done by order of the Prior and the Contents of them published in the English Tongue Against and makes his Defence which the Arch-Bishop in every Point defended his Innocence and then admonished the People to pray for the King Queen and their Children and to those that should do so devoutly and also pray for the State of Holy Church being penitent and sorry for their Sins he granted Forty Days Indulgence from Purgatory And the next Day being the Chair of St. Peter at Antioch or the 22d of that Month 9 Ibm. the Abbot of St. Augustines in Canterbury to whom and his Convent the like Letters had been sent published The Abbot of S. Augustines published them to the Disadvantage of the A. Bp. them to the People expounding them in Hatred to the Arch-Bishop in odium Archiepiscopi that so the People might have an ill Opinion of him The very same Complaints against this Arch-Bishop the King 1 Rot. Rom. 14 Ed. III. M. 4. The King sent to the Pope to remove him out of the Kingdom sent to the Pope tho' in somewhat smoother Language in some parts of the Epistle and requests he might be by him removed out of the Kingdom for preserving the Peace of it and preventing other Dangers that might be feared to ensue if he staid there Dat. apud Langele 14 die Martii The Arch-Bishop wrote an Answer to the King's Letter which bears this Title 2 Hist Sacr. vol. â— f. 27. The A. Bp.'s Answer to the King's Letter which he cal's a famous Libel Excusatio Archiepiscopi ad famosum Libellum The Excuse or Answer of the Arch-Bishop to the slanderous Libel addressing himself by way of Preface to the King telling him There were two things by which the World was Governed the Holy Pontifical Authority and the Royal Ordained Power of which the Charge of the Priests was the greatest and highest inasmuch as they were in the last Judgment to give an account of Kings Wherefore he ought to know that they depend upon the Judgment of Priests who might not be directed by their Wills for who could doubt but Christ's Priests were to be thought the Fathers and Masters of Kings Princes and all faithful People 3 Ibm. Reverendo Domino suo Edwardo Dei gratia c. Duo sunt quibus principaliter regitur iste Mundus Sacra Pontificalis Autoritas Regalis Ordinata Potestas in quibus est pondus tanto gravius sublimus Sacerdotum quanto de Regibus illi in divino reddituri sunt examine rationem Et ideo scire debet Regia celsitudo ex illorum vos dependere judicio non illos ad vestram posse dirigi voluntatem Quis enim dubitat Sacerdotes Christi Regum Principum omniumque fidelium Patres Magistros censeri And he proceeds to inform him that many Bishops had 4 Ibm. f. 28. Excommunicated Kings and Emperors and also to inform him what Good Kings were to do and how to behave themselves toward Bishops and what Reverence Honour and Respect was due to them And he complains that the Honour due to him in regard of his Dignity and as he was his Father was turned into Disgrace Devotion into Reviling and Reverence into Contempt sed proh dolor c. Honor nobis exhibendus conversus est in Opprobium Devotio in Blasphemiam Reverentia in Contemptum whilst his Epistles sealed with the Royal Seal but more truly slanderous Libels 5 Ibm. dum Epistolas vestras Regio sigillo Signatas quin verius Libellos famosos dictated and written by his Enemies containing many Crimes falsly imputed to him were sent to the Bishops of his Province Deans Abbots Priors their Convents and Chapters to be published to his and would to God not to the injury of him too in nostram utinam non in divinam injuriam By which unthought of that he might not say detestable Fact Royal Power presumed to Judge the Lord God in his Servants and Priests and he seemed to condemn him his Spiritual Father and greatest Peer of the Land against the Order of God Human Law and natural Reason not called not convicted by Record and unheard to the Danger of his Soul and as an ill Example to the manifest Prejudice of all the Peers of England At last making great Profession of his Affection to him and the great Services he had done him he comes to his Answer here following That 6 Ibm. f. 29. whereas he accused him That when the Kingdom of France was devolved to him by Right of Succession he importuned him to make a League with the Almain to recover his Rights and was only to find expert Soldiers and he would find Money which failing you were you say forced to contract great Debts upon Usury 7 Ibm. To this he said That in the beginning of his Government when he was Bishop of Winchester it was known by whose Counsel he was Governed That when the Kingdom had devolved to him by Hereditary Right and so judged in the Parlement at Northampton the two Bishops of * Adam Orlâ—ton Worcester Coventry and Litchfield were sent into France to Claim that Kingdom in your Name and to hinder the Coronation of Philip de Valois which Embassie was the greatest occasion of the War We at that time were not employed in any of your Affairs but were hated at Court for what cause God knows Afterwards when it pleased your Majesty to call me with others of your Privy Council to transact the Publick Affairs we considering the Danger of Mens Souls Bodies and Goods by a devouring War endeavoured with all our Power to make Peace between the Two Kingdoms but 8 Ibm. f. 30. after all Endeavours for Peace proved insuccessful and Philip had made War upon you then in a Parlement at Westminster called for that Purpose seeing the Obstinacy of Philip it was agreed you should League with the Germans or Almains and others As for the Payment of the Expences of this War there were Agreements made with certain Merchants in a Council at Stamford which are to be found in Chancery which if observed together with other Subsidies granted both by Clergy and Laity and the great Customs of Wooll not only in our own but in the Opinion of all the Council had been sufficient for the whole War if well managed 9 Ibm. And your Majesty knows well that these Agreements were not broken or changed by us nor did the Subsidies come to our hands because after your first Passage we staid not in this Kingdom but with the Reverend Fathers the Cardinals and Bishop of Durham went into France to treat of Peace often going backward and forward from and to your self then in Brabant and afterward when there was no hopes of Peace staid some time with you there and were made Partakers of your Necessities and with
other Prelates and Great Men of England became bound with you for great Sums upon Vsury The 1 Ibm. f. 31. second thing charged upon him in the King's Letters he says was yet more wonderful That when the Ninth was granted he promised effectually to assist in the levying of it but that by reason of the nonperformance of that Promise when before Tournay he was forced to consent to a Truce contrary to his Mind To this he said the whole Subsidy for the Ninth for the first Year was assigned to his Creditors before his second Passage as might appear by the Assignations themselves and therefore it was manifest that he neither promised to send nor could send any thing to the Siege of Tournay especially not knowing when it began To the 2 Ibm. third thing That the Necessities and great Streights he was in were brought upon him by his Fault Negligence and Malice as also of his other Officers some of whom he was forced to remove and imprison others lest his Friends that were with him and Allies beyond Sea should leave him And when desiring to have a better Information of his Affairs he sent for him c. The Arch-Bishop affirms he made no Promise 3 Ibm. to send Money to him and therefore such as Warred in his Service could not complain of his Fraud or Negligence And professing again how diligent he had been and faithful both then and at all times in his Service he says 4 Ibm. f. â—2 as concerning his Faithful Friends and those that accompanied him in his Enterprizes beyond Sea who desired a fit Remedy to be applied to those ill Services that brought him into those Inconveniences and Misfortunes it was to be believed according to their Words that as culpable or guilty of any Fault they were to be punished by just not arbitrary Process Then as to his Two Messengers first Nicholas Cantilupe bringing the King's Letters of Credence he only cited and enjoyned him to go into Brabant to pay the King's Debts and stay there while they were paid so that if he had been summoned to have been at London with the King as his Letters intimated he must have been here and beyond Sea at the same time As to Ralph de Stafford he came without Letters and by bare Word cited him to come to the King affirming he ought not to fear any Treachery 5 Ibm. and says this notwithstanding that tho' the King's Letters of Conduct at first view seemed sufficient for his coming to staying at and returning from his Councils if he had been summoned as he was not yet the same day he received these Letters of Conduct the Sheriff of Canterbury brought him the King 's Writ to appear at London before the King and Council upon a Contempt So as tho' the King's Letter gave him free liberty of returning yet by the King 's Writ he was of necessity to fall into his Enemies hands 6 Ibm. quod non decuit nec decuisset Regiam Majestatem which became not nor could become Royal Majesty Nevertheless he was and should always be ready to answer what should be objected against him before the Prelates and Peers saving his State and Order Statu nostro Ordine semper salvis As to what was 7 Ibm. 34. charged upon him for publishing Sentence of Excommunication and commanding it to be published against the Violators of Ecclesiastic Liberty and the Great Charter to blacken the King's Reputation defame his Ministers and traiterously move Sedition amongst the People and to withdraw the Affections of the Earls Barons Nobles and Great Men from the King because it seemed to affix the Crime of Treason upon him in which case no King or Temporal Lord could be his competent Judge he protested openly and publickly by these Presents That what he said or should say he intended not to prejudice his State in any thing but wholly to decline Trial by any Secular Judge whatever 8 Ibm. Quia praemissa proditionis crimen in Caput nostrum retorquere videntur quo casu Rex nullus vel Dominus Temporalis judex noster competens esse potest sicut satis Superius est ostensum protestamur palam publice per Presentes Quod dicta vel dicenda in nullo Statui nostro prejudicare intendimus in hac parte sed judicis cujuscumque Secularis examen totaliter declinari At last as to 9 Ibm. f. 35. his Prodigality in giving away the Revenues of the Crown to undeserving Persons and wasting the Product of them and converting the King's Treasure to his own use he utterly denies it asserting again his Innocence and the great Service he had done the Labour and Expences he had been at for the Crown And near his Conclusion he says Haec 1 Ibm. 36. ad Libellum famosum responsa sufficiant in praesenti This may suffice for Answer to the scandalous Libel at present and wisheth for the King's Honour it had neither been wrote or published The King 2 Ibm. f. 36 37 38 The King 's Reply to the A. Bp.'s Answer replied very briefly to this Answer reproves him for his insolent and undutiful Language tells him how much he Honoured and Revered his Spiritual Fathers and that he ought not to overlook their Offences when he saw them tending to the Danger of him and his Government And shews him his Mistake when he complained he was condemned of Capital Crimes being absent and unheard as if he in those Letters wrote in his own Vindication only had proceeded criminally against him and forbids him and all other Bishops to publish any Sentences of Excommunication or other things against the Rights of his Crown or derogatory to his Royal Dignity and Prerogative as they had been always used by his Progenitors During this Controversie between the King and Arch-Bishop A Parlement called there was a Parlement called to meet at Westminster on Monday next after the Quinden of Easter the Writ of Summons in ordinary bearing Date March 3. at Wedestoke 3 Claus 15 Ed III. Part 1 M. 37. Dors A. D. 1341. In this Parlement the Arch-Bishop appeared and humbled himself to the King 4 Rot. Parl. l. 3. p. 8. The A. Bp. humbles himself to the King and begs pardon le dit Ercevesque se humilia a nostre Seignieur le Roy requesting his Favour and Good-will to which the King received him and for which the Prelates and Great Men gave him all possible Thanks they could think of And then the Arch-Bishop prayed the King That having been defamed through the whole Kingdom he might be Arraigned before his Peers in full Parlement qil puisse estre aresnez en pleyn Parlement devant les Piers which the King granted quen chose le Roy ottroia but said he would that the Business touching the State of the Kingdom and Common Benefit should be first dispatched Afterwards 5 Ibm. n. 43. A Committee appointed
to examine the A. Bp.'s Answer to the King in the same Parlement the Bishops of Durham and Salisbury the Earls of Northampton Warwick Arundel and Salisbury were appointed to hear the Answer of the Arch-Bishop to the things charged upon him by the King de choses que lui sont surmys par le Roi so as if his Answer was allowed then the King of his good Grace should hold him excused adonques le Roi de la bon grace lui tenera pur excusez And in case his Answer seemed not sufficient to the King and his Council then it was to be debated in the next Parlement and there Judgment given concerning it and in the mean time all things 6 Ibm. n. 49. touching the Arraignment of him totes les choses touchants la reinement Lercevesque de Cantirbery remained with Sir William Kildesby Keeper of the Privy Seal The next Parliament was in the 17th of Edw. III. when the King 7 Rot. Parl. 17 E. III. n. 22. The things against the Arch-Bishop to be vacated in Parlement as neither reasonable or true Note what year this was commanded that the things touching the Arraignment les choses touchants larraynement Lersevesque de Cantirbirs of the Arch-Bishop which remained in the hands of Sir William de Kildesby to be advised upon this Parliament pur aver ent avisement de ce Parlement soient adnulles ouster de tut should be annulled and totally outed or laid aside as such as were neither reasonable or true come celles que ne sont pas raisonables ne veritables and Master John de Vrford was commanded to bring them into Parliament to be vacated there The Parliament in the 15th of Edward the Third which began on Monday next after the Quinden of Easter being that year April 23. because the Prelates Earls Barons and other Great Men were not fully come pur ce que les Prelats Countes Barons antres Grantz ne sont pas pleinement venus was continued 1 Rot. Parl. 15 E. III. n. 4. from day to day until Thursday when the cause of Summons was 2 Ib. n. 5. The cause of Summons to Parlement declared declared with the common Preface That Philip de Valois who called himself King of France had wrongfully seised his Lands Seigniouries and other Possessions in the Dutchy of Guien and other-where and also as much as he could supported his Enemies the Scots against him That it had been agreed by the Prelates Earls Barons and the Commonalty of the Land in full Parliament that he should pass beyond Sea to purchase Friends Allies and Retainers to help him to conquer his Rights que nostre Seignieur le Roi se purchaseroit amys alliez retenantz qui lui purroient aider a conquer ces droictures c. to which purpose there had been granted many Aids that had been diverted and spent by some of his Officers and others to his great damage and hindrance of all his Business That he intended not to ask any new Subsidy but charged and requested very earnestly the Great Men and others of the Commons that they would Treat together and advise among themselves that is to say the Great Men by their selves and the Knights of Counties Citizens and Burgesses by themselves si ad il chargez priez en chargeance manere les ditz Grantz autres de la Comune qils se treisent ensemble savisent entre eux cest assavoir les Grantz de par eux les Chivalers des Countees Citeyns Burgeys de pas eux how he might best be served and receive the Arrear of the Ninth for the first year and how he might most speedily receive them for the second year before the Feast of St. John Baptist next coming for the Atchievement of his great Business with the aid of God and to give their Answer on Saturday next following But the Consideration of this Matter was put off until the King's Answers 3 Ib. n. 42. to the Petitions of the Great Men the Commons and Clergie were made into Statutes which were shewn to the King with certain Conditions demanded by the Great Men and Commons upon the grant of 30000 Sacks of Wooll made to him in compensation of the Ninth of the second year od ascuns conditions que les Grantz la Comune demanderent du Roi sur le grant quil ferroient a lui de 30000 * Then with the Custom about the value of 180000 l. Statutes made with Conditions sakes de leyn in recompensacion de la neofisme garb aignel toison del an second The Statutes and Conditions were read before the King and the great Officers and Justices required to Swear to the Observation of them as it might in their places belong to them The Chancellor Treasurer and some of the Justices made Protestation they neither The Chancellor Treasurer and some Justices would not consent to them consented to the making or form of them nor that they could observe them in case they were contrary to the Laws and Usages of the Kingdom which by Oath they were bound to keep yet these Statutes and Conditions were sealed with the Great Seal and delivered to the Great Men and Knights of Counties as Grantz as Chivalers du Countees Some of the King's Answers to the Articles or Petitions of the Clergy brought in by the Arch-Bishop and other Bishops are remarkable As to the second That the Liberties of the 4 Ib n 20. The King 's Answer to some of the Conditions Church and all Liberties granted to any other Estate or Persons may be observed and that the Great Charter may be proclaimed again and confirmed by Oath The King's Answer was He would the Observation of the Great Charter and other Liberties which being exemplified 5 Ib. n. 28. under the Great Seal he thought was sufficient and that there was no need of Swearing to it considering that in the Kingdom there were already too many Perjured par trop y ad parjurs en son roialme To the fifth That 6 Ib. n. 23. several of the King's Officers and others have enter'd into Religiouses Houses and Parsonages and by force taken away their Goods and further by Oaths forced upon Religious Persons and Parsons have enquired of things within their Houses and them so found have carried away his Answer was 7 Ib. n. 30 31. That he would not that any Man should enter into the Churches fee against their Liberties nor would that any of his Officers should enter into the Churches Lands or Houses to take their Goods but if Laymen to defraud him brought their Goods thither he thought himself wronged To the seventh 8 Ib. n. 25. That the Kings Officers levied of Parsons Rectors of Churches the Ninth Sheaf the Ninth Lamb and the Ninth Fleece when they ought only to have paid their Tenths the Answer was 9 Ib. n. 32. He would not the Ninths
name of a Statute as being prejudicial and contrary to the Laws and Vsages of the Kingdom and the Rights and Prerogatives of the King But for that there are some Articles in the same Statute which are reasonable and agreeable to Law as in the Revocation in print 't is agreed by the King and his Council that those Articles and others accorded in this present Parliament shall be made into a new Statute by the advice of Justices and other Sages which shall be perpetual The Necessitous Condition of the King's Affairs requiring 20000 20000 Sacks of Wooll to be Transported Sacks of Wooll to be 5 Rot. Parl. 15 E. III. n. 45. transported before Michaelmas next coming it was provided That no Man before that time should send over Sea any Wooll on pain of thrice the value and loss of Life and Member How this Arch-Bishop was prohibited and kept from entring in at the Door of the Painted Chamber where the Parliament sate by Two Serjeants at Arms placed there by the King we have it in Birchington the Monk of Canterbury 6 Hist Sacr. vol. 1. f. 39 40. The Arch-Bishop not permitted to enter the Painted Chamber where the Lords sate in Parlement in his Life On Saturday the Feast of St. Vital or 28th of April being the sixth day of the Parliament he came to Westminster and to the Door of the Painted Chamber The Serjeants told him they could not permit him to go in To whom he said the King called him to Parliament by his Writ That he was after the King the greatest and ought to have the first Voice ego sum major post Regem primam vocem habere debens That he challenged the Rights of his Church of Canterbury and demanded entrance into the Chamber but the Serjeants expresly denied it to him and to the Bishops of London and Chichester who were with him Then advancing his Cross he told them That he would not depart from that place until the King should command him at length staying there the Ea 〈…〉 of Northampton and Salisbury coming out he desired them to acquaint the King with what had been done and that they would request him in his Name to preserve the Right of the Church of Canterbury At last with his Fellow Bishops and the Bishop of At last he was permitted to enter Ely he was admitted into the Chamber where Treating with the Prelates and Peers of the Land the King withdrew On Thursday following being the 3d of May in full Parliament he with Ten Bishops Eight Earls Four Abbots Eight Barons all And admitted to favour by the supplication of Great Men. there named the King's Chamberlain John Darcy Bartholomew Burghersh the Mayor of London the Barons of the Cinque-Ports and Knights of the Community of England ac militibus communitatis Angliae appeared before the King and supplicated him for the Arch-Bishop who admitted him into favour but did not then as Birchinton affirms excuse him wholly from his Crimes as is clear from the Parliament Records above cited Not long after the Dissolution of this Parliament Lewis the Emperor 7 Append. n. 90. wrote to King Edward That Philip King of France had given him Authority by his Letters to Mediate a Peace between The Emperor by Letter offers his Mediation of a Peace with France them which tho incumber'd with many and weighty Affairs he was willing to undertake it being very expedient for and advantageous to himself Kingdom and Allies if he would give him like Power by his Letters to Treat of and make a Peace or Truce for a year or two Nor as he says ought the Friendship enter'd into and contracted between him and Philip King of France move King Edward for since he had made Truce and Agreement meaning the Truce at Tournay with Philip without his knowledge will or assent by advice of his Princes who knew his Leagues Agreements and Unions to whom it seemed he might with Honour make Agreement and Friendship with the King of France he had contracted and enter'd into Union with him And for the Causes before noted he revoked his Commission by which he had made him Vicar of the Empire yet certainly letting him know that in his Mediation and Treaties he would provide for him like a Brother and if he would acquiesce in his Advice his Cause should be brought to a good end by his assistance And for his further intimation he sent to him one of his Chaplains who he desired might speedily be sent back These Letters were dated at Francfort June the 24th To which Letter King Edward sent his Answer 8 Append. n. 91. That he had received it with Respect and then reciting the chief Contents King Edward by his Letter refuseth to accept it of it commends his Zeal for making an Agreement between him and Philip of Valois giving him notice That he always wish't for a reasonable Peace with him which he had prosecuted as much as he could with Justice and that he then desired such a Peace as he wished for might be procured at the instance of so great a Mediatour But because he knew his Right in the Kingdom of France to be sufficiently clear he would not by his Letters commit it to a doubtful Arbitration or Judgment much wondring he should join with Philip that had done him such notorious injury when seeing the evident Justice he had for his Demands and Philip's obstinacy in not complying with them he had for that reason enter'd into a League with him And as to what was said That he without his knowledge or assent had made â— Truce and entred into a Treaty of Peace with Philip considering the Circumstances of the Fact it ought not rationally to have moved him because at that time he besieged Tournay and ought to follow the advice of those that were with him and gave him their assistance Considering also that Winter was coming on and the distance between them he could not be permitted to consult him And further he put him in mind That he had granted that when he had opportunity he might Treat without his knowledge but so as not to make a final Peace with Philip without his consent which he never intended to do It seemed also to some that the Revocation of the Vicarship was too suddenly done when as according to the Agreement by the heighth of Imperial Power made with him it ought not to have been done until he had obtained the Kingdom of France or the greatest part of it Dated at London the 18th day of July in the second year of his Reign over France and over England the Fifteenth After the Truce at the Siege of Tournay 9 Frâ—issard â— 1. c. 64. The Duke of Bretagne dies John Duke of Bretagne who had served the King of France in his Army in the way toward his own Country fell sick and died without Issue After his death there arose a controversie between
who reported That after the King had begun the War with France by Assent of the Prelates Great Men and Commons par Assent des Prelatz Grantz Comunes to conquer his Rights and Inheritance there he many times passed the Sea with his Host and in his last Passage had harassed the greatest part of the Dutchy of Bretagne and by God's Assistance had taken Towns Castles and Forts At last he came to the City of Vannes which by Advice of the Great Men with him he besieged where he was desired by the Pope for the Reverence of God and Holy Church he might send Two Cardinals with Terms of Peace or a Truce until a Peace might be treated of and concluded The King perceiving the Truce to be Honourable and Advantageous for him and his Friends or Allies assented to it that during the continuance thereof a Treaty of Peace might be had before the Pope as a Mediator and Friend but not as a Judge or one to whom the matter was compromitted come meen amy noun pas come juge ne recompromissair which Peace if Good and Honourable the King would accept if not he would pursue his Quarrel And he said further That because the War was begun by the Common Assent of the Prelates Great Men and Commons the King would not treat of or make Peace without their Common Assent Wherefore the Prelates and Great Men were charged furent chargez to Assemble on Thursday the First of May Joedy le primer jour de May to treat advise and agree among themselves whether the King ought to send Envoys to the Court of Rome to propound his Rights before the Pope or not And in the same manner the Knights of Counties and Commons were charged furent chargez les Chivalers des Countees Comunes to assemble in the Painted Chamber to treat c. and to report their Answer and Agreement in Parlement the same Day de reporter lour respons lour assent en dit Parlement le dit Joedy On which Day the Prelates and Great Men answered Their Advice was That the Truce was Honourable and Advantageous to the King and all his Friends and that every Christian ought to wish the War which was so great and hurtful to all Christians might end in Peace Wherefore they agreed to the Truce and that the King should send Messengers to Rome to lay before the Pope as Mediator and Friend but not as Judge his Rights and Demands in order to a Treaty of Peace according to the Form of the Truce And then the Knights of Counties came and the Commons puis vindrent les Chivalers des Countees les Comunes and answered by Monsieur William Trussel in the White Chamber who in the Presence of the King Prelates and Great Men qi en presence de nostre Seignieur le Roy des Prelatz Grantz proposed for the Knights and Commons purposa pur les Chivalers les Comunes that they were fully agreed the Truce should be kept to the end a good and honourable Peace might be made And further the said Commons les ditz Comunes prayed the King to send solemn Envoys or Messengers to treat of Peace as abovesaid and in case he could have an Honourable and advantageous Peace for himself and Friends he would accept it but if not the said Commons les ditz Comunes granted to aid and assist him and to maintain his Quarrel with all their Power granteront de luy aidez a meyntenir sa querele ove tote lour poair Several Commissions 5 Rot. Fran. 17 Ed. III. M. 12. 20 Maii ib. 19 Aug. n. 6. ib. 18 Ed. III. M. 3. 4 Aug. ib. M. 2 Octob. 20. were made to Commissioners to treat Commissioners sent to the Pope before the Pope as a private Person and not as a Judge with the Commissioners of his Cousin Philip of Valois upon all Dominions Dignities Honours Lands Possessions Places and Rights concerning which there was any Controversie or Dissention between them and also concerning the Right he had or might have to the Crown and Kingdom of France and generally about all Dissentions Wars Quarrels Commotions Questions Damages Injuries done given or made on either side c. In the Cotton Library 6 Clâ—opatra Edw. III. f. 28. in the bottom The Pope offers Equivalents to the English Commissioners They refuse to treat of any thing but the Crown and Kingdom of France there is a Treaty as it was managed at Avignion before the Pope day by day from the 22d of October to the 29th of November by William Bateman Bishop of Norwich John Offord Dean of Lincoln the Arch-Deacon of Norwich Sir Hugh Nevill Knight and Nicholas de Flisco The Pope offered many Equivalents to the English for the Dukedom of Guien c. to treat about what had been attempted against the Truce and by whose means it had been broken But they would not enter upon the Treaty of any other Matter until they were satisfied in their Demand of the Kingdom and Crown of France for King Edward By the last Commission there 7 Rot. Fran. Ed III. M. 2. 18 Octob. 20. were Two other Commissioners added to the former John de Thoresby and Sir Ralph Spigurnel Knight who appeared in the Pope's Court on the Feast of St. Catherine or 25th of November before himself and delivered the King's Letters to him and he appointed the next day at the time of Vespers to hear them When Mr. John Thoresby acquainted him that Sir Ralph and he had Commissions and were sent by the King for two things for reformation of what had been attempted against the Truce and also that they might assist the other Commissioners in the Treaty The Pope appointed them to come before him the 28th Day but not being then at leisure he appointed the next Day when they understanding from the Commissioners of the King's Adversary That he should have nothing in the Kingdom of France but in subjection to him they resolved to treat no more before they knew the King's Mind Whereupon the Pope told them he would send Sir Hugh Nevill to him with his Letters and likewise Sir Simon de Buyssy to the King of France And so stood the Treaty at that time on the 29th of November 1344. and 18th of Edward III. During the Treaty the French King put to death at Paris Oliver de Clisson and many other Barons and Lords of Bretagne and Normandy says Froissard 8 lib. 1. c. 99 for suspicion of Treason Du Chesne says 9 â— 660. A. B. they held secret Intelligence and private Correspondency and made a League with King Edward under their Seals contrary to the Ninth Article of the Truce which was That none in the Obedience of one King at the time of Truce should put himself under the Obedience of the other while it continued The Treaty hitherto having been without Success 1 Claus 18 Ed. III Part 1. M. 14 Dors A.
be had And that when 1 Ibm. n. 9. And nâ—t to lay aâ—â—de his Voyage for the Pope's Letters the King should be ready to pass beyond Sea to take what God should give him pur prendre ce que Dieux lui durra upon the Exploit of this Business he would not for the Letters or Command of the Pope or any other lay aside his Voyage until he had made an end one way or other The which Prayer the King fully granted a quele preere le Roi ottroia pleynement but because it could not 2 be done without a great and agreeable Aid the Arch-Bishop Bishops Prelates and Procurators of the Clergy of the Province of Canterbury granted to the King a Triennial Aid for this Voyage granted by the Clergy and Commons Tenth les ditz Commons le samaday apres granterent nostre Seigneur le Roi pur mesme la cause deux Quinzismes de la Commonalte de la Cerre deux dismes des Citees Burghs And the said Commons granted to the King for the same cause Two Fifteenths of the Commonalty of the Land and Two Tenths of the Cities and Burghs And 3 Ibm. n. 10. after that the said Commons granted another Fifteenth apres le dite Commune grantent une autre quinzisme See for the Conditions of these Grants in the Statutes at large 18 Ed. III. translated exactly from the French on this Roll n. 14. to n. 23. which Statute was made from the Petitions of the Commons and the Answers to them and 't is called in the todding on the Roll the Charter of the Commons la Chartre enseale par la Comune and also for the Statute or Charter for the Clergy bearing Date July 8. in the 18th of his Reign which gave them many Privileges n. 24. to n. 32. In both these Statutes which are now in a manner become obsolete 't is said the Great Lay-men granted to pass and adventure themselves with the King and therefore they are not found upon the Roll to be Taxed The residue of this Year was spent in 4 Walâ— f. 164. n. 30. Froys l. 1. c. 100. Ashmâ—le f. 182. Tournaments and other Military Exercises at Dunstable Smithfield and especially at Windsor in Feastings Revellings Dancing and all manner of Jollity But it was not long after the beginning of the next Year that King Edward 5 Avâ—â— p. 103. a. c. 48. III news from Bretagne received news of what had been done in Bretagne how the Noblemen who adhered to him there were put to death and what havock and depopulation had been made in those Places under his Subjection Whereupon William de Bohun Earl of Northampton had 6 Rot. Franc. 19 Ed III. Part 1. M. 24. The King sent Defiance to Philip of Valois Commission Dated April 24. to defie Philip of Valois as a Truce-breaker his capital Enemy Persecutor and unjust Vsurper of his Inheritance the Kingdom of France And as what was done in Normandy and Bretagne against the Truce had been declared to be so by the Parlement so he wrote 7 Rot. Rom. 19 Ed. III. M. 2. n 4. He wrote 'to the Pope complaining of him to the Pope on the 26th of May following almost the same thing and made grievous Complaints to him of Philip de Valois having in the highest manner broken and dissolved the Truce The effect of his Letter the Pope repeats in his Bull or Answer to it the Original being in the Cotton Library 8 Cleopâ—tra E. 2. The Effect and Contents of K. Edward's Letter to the Pope That for avoiding the Dangers and Damages that might arise by reason of the Dissentions and Wars between Edward III. and the Illustrious King of France as the Bull hath it inter te fili carissime ac carissimum in Christo filium nostrum Philippum Regem Franciae Illustrem he had offered many ways of Peace that he might apply himself as he much desired to the Service of his Redeemer beyond Sea but was always delayed with fair Words and Treaties without effect to his great Damage His second Complaint was after a Narrative of the Truce made before Vannes That when he returned into England and had left a few Men only in Bretagne and sent his Commissioners to treat before his Holiness about a Peace as related before he received news which pierced his Soul That certain Noblemen of Bretagne were by Command of Philip taken carried to Paris and put to death And also of the great Ravage and Depopulation made in Bretagne Gascoigne and other Places 3dly That he endeavoured by crafty and secret Treaties to draw his Allies and Subjects from him and procured other things to be attempted against the Truce by Sea and Land Therefore he thought it utterly dissolved by his Adversary And now since the Time of Treaty was ended and no rational way of Peace appearing nor were the things attempted against the Truce reformed or amended but rather multiplied although by his Holiness's Letters the said King had been often required to reform them not to say any thing of his Legate that was sent into Bretagne to cause the Truce to be observed yet took the contrary part and blamed him that he did not what he ought toward an Accommodation he thought himself excused by God Holy Church and the People if seeing he could have no other Remedy in a just Cause he declared the Truce dissolved by Philip and defied him as above and renewed the War again protesting he would attempt nothing that might offend his Holiness or the Apostolick See which he desired and ought to revere or that might do Injury to any one but only with Moderation to defend himself and prosecute his Rights asserting what he did was for want of other Remedy and against his Will offering Peace when he might have a good one or by good means cum habere poterit bono modo The Pope's Answer to this Complaint begins with a most obliging The Pope's Answer to K. Edward's Complaints Compellation calling God to Witness Fili dilectissime novit 9 Ibm. Altissimus qui scrutator est cordium cognitor secretorum c. Most beloved Son the Most High knows who is the Searcher of Hearts and understands all Secrets that he had faithfully endeavoured to procure a Peace between him and the King of France without partiality and would not yet spare any Pains for the effecting of it And he tells him That those who wrote his Letters probably understood not the Truth of the Affair for that there were some things put in them and some things left out which caused notable He tells him he had not done according to the Truce Errors It was agreed by the Truce That there should be some of the Royal Blood Commissioned to Treat on either side in his Presence and though the King of France had sent several of the Royal Blood and many Prelates of great Authority as it
effect for the Faults found with it on the part of his Adversary pour defaute coupe trove de la part son Adversair That while his Ambassadors remained there the King of Navarre who about two Years before had Married 3 Mezeray f. 372. The King abused and cheated by the King of Navarre Jane the King of France's Daughter had complained often to the Duke of Lancaster of the 4 Rot. Parl. ut supra Wrongs and Hardships he had suffered from the King of France affirming upon his Oath he would willingly enter into an Alliance with the King against his Adversary with all his Power and pressed him so often that at last the Duke promised an Alliance if the King pleased That thereupon he engaged to make himself as strong as he could with Ships and Land Forces and come to the Isles Guernsey and Jersey to affirm and make good the Alliance pur affermer secure lalliance That for this cause upon the Duke's return into England the King informed of this Agreement caused to be got ready an Army and Fleet of great Ships with which he sailed out of the Thames towards the Isles and the Winds being contrary with much trouble got to Portsmouth and there staid so long as he received certain Intelligence the King of Navarre would not proceed in or had quitted the Alliance que le Roy de Navarre entre lesse la dite Alliance against his Promise and Oath and was become an Allie of his Adversary Whereupon the King returned with his Fleet and Forces nostre Seigneur se retourna ove sa Navie Gentz and seeing he could not have Peace and the Alliance failed and also that his Adversary made himself strong with Men at Arms and other Forces near Calais thinking to have a speedy Battel with him he resolved The King passeth to Calais with his Fleet and Army His Foreign Allies with his Fleet and Army to pass over to Calais That when he was landed by Advice of his Council he Mustered his own Forces and those of his Allies which he found there as those of Monsieur Henry de Flanders Monsieur Frank de Vanhale and other People of Almain in great number and marched out of Calais on the Feast of All-Souls or 2d of November toward the He could not provoke the King of France to Battel Places where by Spies or other means he could be informed his Adversary was that he might bring him to a Battel But to avoid that he fled Night and Day the King pursuing him wasting and burning the Country throughout degastant ardent bruillant le pays par tut until by Assent of his Council because his People were much wearied for want of Wine having drank His Men wearied for want of Wine only Water for near four Days per cause que les Gentz fuerent molt lassez pur defaute de Vin ne buerent que de eau bien per quatre jours he returned toward Calais where he designed to have fought his Enemy but he came not Then he paid off his Allies very He pays off his Allies and returns into England frankly they having been there a long time and returned into England to his Parlement After this Relation the 5 Ib. n. 10. Commons were told by Sir William Shareshull Chief Justice of the Kings-Bench They ought to have regard to the great Trouble the King had endured for the Defence and Safety of the Kingdom and of his Readiness to march into Scotland against his Enemies who had taken the Speedy Advice desired of the Parlement The King desires to finish the War with France Town of Berwick by Force And that to shorten the Time of Parlement and their stay in the Town they were to give speedy Advice what was best for the King to do to make an end of the War with France which he desired sovereignly or above all things might be done with dispatch quel il desire sovereignment que soit fait en hast and how he might be best aided to do it to the least Grievance of his People and most Profit to himself he gave them time to answer until Friday next following en sur ceo les dona jour de Respons de Vendredy preschien suant and in the mean time to prepare their Bills and Petitions and bring them into Parlement 6 Ibm. n. 11. A quen Vendredy vindrent les dites Comunes en la presence nostre dit Seigneur le Roy Prelatz Grantz assemblez en la Chambre blanche el eue illoques une brief parlance ove les dits Grantz Granterent uniement c. On which Friday the Commons came into the presence of the King Prelates and Great Men assembled in the White Chamber and having there a short Conference A Subsidy of 6 years granted to the King with the said Great Men Granted uniemen dune accort unanimously and of one accord to the King the Subsidy of Wooll Leather and Woolfel's for six years next coming So as during that time the King should not put any Impositions or other Charges upon the Commons and then they brought their Petitions before the King who answered them Avesbury in his 7 p. 126. a. b. c. 95. His Expedition into France Narrative of the King's Expedition into France tells us That after his return to Calais on Wednesday the Feast of St. Martin or 11th of November the Constable of France and others met the Duke of Lancaster the Earl of Northampton and Sir Walter Manny at the end of the Causway of Calais and by Letters of Credence from their King offered Battel to the King of England on Tuesday following The English Lords answered by the King's Command de Praecepto Regio That it was his Intention as much as he could to avoid the Effusion of Christian Blood and therefore desired to fight Body to Body with his Adversary so as the whole Right to the Crown of France might be decided by this Battel between them two And if this was refused That each of them should take to him his Eldest Son and if he admitted not that Then both to chuse Two Three or Four Knights the nearest to them in Blood to be joined to them and their Sons that so the Right to the Kingdom of France might be finally determined and that he who was Conquered should yield it to the Conqueror Which Offers the French refused standing to their Proposition of Fighting on Tuesday The English offered to Fight the next Day or Saturday The French persisted in their First Offer which the English accepted upon Condition That if they could not bring their King to Battel on that Day they should render themselves Prisoners to the King of England as in like manner they would render themselves Prisoners to the King of France if they brought not then their King to Battel The French refused this Offer and the English thought they trifled with King Edward
and put Cheats upon him that by Delay and his great Expences he might be weary of the War The King staid and expected the French on Tuesday but none came 8 Froys lib. 1. c. 155. Du Chesne f. 674. D. Mezer. f. 373. 8 The French Writers make a contrary Story of this They say That after King Edward had ravaged and burn Bolognois and Artois as far as the Town of Hisden which nor the Castle he could not take he returned to Calais That the King of France having Rendezvoused his Army at Amiens marched to Hisden and pursued him to St. Omers and from thence sent to him Arnold de Andreghen Marshal of France and other Knights to let him know he would Fight with him Body to Body or Power to Power when and in what place he pleased which he refused returning into England and King John to Paris Before this Action of his Father 's near Calais on the Nativity of the Virgin Mary or 8th of September 9 Aves p. 125. b. cap. 93. The Prince goes into Gascoigne the Prince with the Earls of Warwick Suffolk Salisbury and Oxford with 300 Ships and a good Force in them set Sail from Plimouth into Gascoigne and in a short time after his arrival 1 Ibm. Marched to Narbon burns and destroys the Country marched from Burdeaux to Narbon seated as it was then called on the Greek Sea now the Mediterranean laid waste burnt and destroyed all the Cities Walled Fortified and other Good Towns in his March backwards and forwards except the City 2 Ib. 129. b. Tholose in which were the Constable of France the Marshal de Clermond and Earl of Armanak with a great Force to defend it The time of these Burnings Plunderings and Destroyings was two Months before the Return to Burdeaux a Journal whereof is to be seen in a Letter from the Prince to the Bishop of Winchester then Lord Treasurer Dated on A. D. 1355. 29 Edw. Iâ—I â— Christmas-Day and another more exact from Sir John Wingfield one of the Chief Actors in this Cavalcade Dated on Wednesday before Christmas-Day in Avesbury p. 127. a. b. p. 128. a. b. p. 129. a. b. p. 130. a. b. Cap. 98 99 100. now not much to the purpose to be either transcribed or translated The King having received News that the Scots had surprized Berwick surprized by the Scots the Town of Berwick as was noted by Sir William Shareshull in his Discourse to the Parlement so soon as it was ended in the latter end of November marched with a great Army toward Scotland and kept his Christmas at Newcastle upon Tine 3 Ibm. p. 131. b. cap. 103. The English all this while defended Berwick-Castle against the Scots and on the 13th of January the King being in it with Sir Walter Manny Retaken by the King the Town was surrounded with the English Army and the Port and Castle both secured by the English Navy the Scots threw themselves upon the King's Mercy and yielded up the Town For the very severe Usages and Hardships drawn up in hard The King of Scotland ill used by his People Words in the very Grants Edward Baliol King of Scotland received from the Scots and not being able to endure them or contend for the Honour and Dignity due to him from his People in his old Age and feeble Condition on the 20th and 25th Day of January at Rokesburgh Gave Granted and Confirmed for him He grants the Crown of Scotland c. to K. Edw. and Heirs to Edward King of England the Kingdom Government Title and Crown of Scotland together with the Isles and all manner of Royalties Dignities Honours Prerogatives Privileges Rights Dominions Homages Services Fees Advowsons Cities Castles Towns Lands Possessions and all and singular things which belonged to the Crown of Scotland or might any way belong to it and all his Isles Castles Cities Towns Demeasns Lands Possessions Dignities and Rights with their Apertinences in England or Galway or otherwhere within the Kingdom of Scotland to have and to hold to him his Heirs and Assigns And puts him in possession of the Kingdom and put him in possession of all these things as well by delivery of his Golden Crown as delivery of corporal Possession of the Soil of the Kingdom c. In consideration whereof King Edward was to allow him 2000 l. Sterling by the year for his Life to be paid Quarterly There were several long 4 Rot. Scot. 29 Ed. III. M. 12. Instruments made about this Grant as also an Exemplification of the main Indenture of the Agreement between the Two Kings Dated at Banburgh the 20th of February 5 Ibm. 30. Ed. III. M. 6. the Year following Also there is King Edward's Release of the Homage done to him by Edward Baliol 6 Ibm. 8. Dated the 12th of March next after at Westminster and a Proclamation That notwithstanding this Grant the People of Scotland should enjoy and be Governed by their Old Laws and Customs as before without any Change or Alteration 7 Ibm. Dated at the same Place on the 15th of the same Month. In the next Year Prince Edward 8 Wals f. 171. n. 40. marched out of Burdeaux with his Army toward the River Loire and designed such another Ravage and Destruction in the Countries on both sides of it as he had made the Year before between Burdeaux and Narbon which he had begun 9 Ibm. and Du Châ—sne f. 675. D. from Froys f. 78. a. cap. 157. Upon the News whereof the King of France went directly from Paris to Chartres where he drew Forces from Avergn Berry Burgogn Lorain Haynault Vermandois Picardy Normany and Bretagne to oppose him in the mean time guarding the Passes and breaking down the Bridges upon the Loire while the Prince took Remorentin and several other Places and Castles and had many Skirmishes with French Parties beat them and took several Prisoners on the South-side of the River before the memorable Battel of Poicters the best Description whereof is in 1 Fol. 371. A. D. 1356. Mezeray's Abridgment of Froisard's tedious Relation of it as follows While the King was at Chartres where he was drawing all his The Battel of Poictiers Forces together he was informed that the Prince of Wales with 12000 Men of which there were but 3000 Natural English had pillaged Quercy Avergne Lemosin Berry and was marching to do the same in Anjou Tourain and Poitou he thought fit to cut off his March upon his Retreat and led his Army along the Loire The Prince being advertised left the Road to Tours and retired by Poitou but he could not do it so speedily but that the King's Army overtook him within two Leagues of Poitiers The Prince finding him so near entrenched himself amongst the Vines and strong thick Hedges nigh the Place called Maupertuis Cardinal de Perigord the Pope's Legate went often from one The Pope's
Legate endeavours to prevent the Battel Army to the other to prevent them from coming to Blows 2 Froys 8. b. cap. 161. The King of France his Confidence destroyed him Edward offered to pay for all the Damages he had done in his March from Burdeaux to deliver up all his Prisoners and not to bear Arms himself nor any of his Subjects for seven years time against France But K. John believing the Victory secure and certain rejected all his Submissions and blinded with Passion and Anger instead of hemming him in and starving him which could not have failed in three Days time went on headlong with the Courage and Fury of a Lion rather than of a Captain to attack him within his Fastness the * A. D. 1356. 30 Ed. III. 19th of September Nay by the worst Advice in the World he caused all his Horsemen to alight excepting Three hundred select Men who were to begin the Onset and the German Cavalry who had Orders to second them The thickness of the Hedges hindred these Three hundred Horse from breaking in upon them the English-men's bearded Arrows made the Horses mad and turned them upon the Germans who fell into the Avant-Guard and they were totally routed by a Gross of the Enemies who came forth and charged them during their Disorder Of the Four Sons the King had in this Battel Three of them were a little too soon carried out of the Fray by their Governours together with 800 Lances and this gave a fair Pretence of Excuse to all such Cowards as were glad to follow them There was only Philip the Youngest of the Four who obstinately resolved to run the Fortune of his Father and fought by his side The King 's single Valour sustained the Enemy's Charge a considerable time and if one fourth part of his Men had but Seconded him no doubt but he had gained the Victory At length The King of France yields himself His Son Philip and several of the French Nobility made Prisoners he yielded himself up into the hands of John de Morebeque an Artesian Gentleman whom he had banished the Kingdom for some Crime Philip his Son was taken Prisoner with him There were but 6000 French killed in this Fatal Day but of that Number were 800 Gentlemen and amongst those the Duke of Bourbon the Duke d' Athenes Constable the Mareschal de Nesle and above 50 more of good Quality The Young Prince as Courteous as he was Valiant Treated The Prince very kind and civil to the King of France the King as his Lord the same Night he served him at his Table and endeavoured to allay his Grief and Misfortunes by the most obliging and becoming Language he could express The next day fearing this Noble Prey might be snatched from him and withal observing his Soldiers were so laden with Plunder He carries him to Burdeaux with a great number of Prisoners that they were uncapable of further Service he took his March towards Burdeaux and carried away the King and his Son along with him together with a prodigious Number of Prisoners According to 3 F. 79. b. cap. 160. The French in this Battel 4 times more than the English Froysard the Men at Arms only besides others of the French were four times the Number of the whole English Army they being Forty eight thousand divided into three Battels Sixteen thousand in a Battel the English Army not being esteemed above Eight thousand by the Account of Sir Eustace of Ribemont and Two other Lords gave to the King of France having been sent by him to discover their Number In this Battel the Earls of Warwick Suffolk Salisbury Stafford The English Noblemen thatshew most Courage in this Battel Sir James Audeley Sir John Chandos Sir Reginald de Cobham c. behaved themselves very bravely but beyond others the Earl of Warwick Sir James Audeley and Sir John Chandos And as 't is said by Froysard 4 F. 83. a. cap. 164. the Prince of Wales who was Courageous and Cruel as a Lion took that Day great Pleasure to Fight and to chase his Enemies His Courage and Conduct with the Assistance of those about him was in this Battel most certainly very extraordinary and wonderful On the 5th of May next Year the Prince of Wales arrived at A. D. 1357. 31 Ed. III. The King of France brought Prisoner to London Plimouth with his Noble Prisoners the 5 Wals f. 172. n. 40. Knighton col 2615. n. 10 20 c. King of France and his Son where and in his Passage from thence to London he was treated with much Honour and Respect and on the 24th of the same Month had a Publick Entrance made him into that City and was Lodged in the Palace of the Savoy the King Queen and Great Men often making him Visits 6 Holinsâ—ed f. 390. Here he staid until toward the next Spring when he was removed to Windsor-Castle where he and his Son passed the Time in Hawking and Hunting and toward Winter returned to the Savoy Soon after the King of France his 7 Froys â— 1. c. 173. f 86. b. Arrival in England the Pope sent the two Cardinals of Perigord and St. Tital into England to mediate a Peace between the Two Kingdoms but without effect Yet so far they prevailed as to procure a Truce until the Feast of St. John Baptist which was to be in the Year 1359. or A Truce for two years by the Pope's Mediation 33d of Edward III. out of which Philip of Navarre the Countess of Montfort and Dutchy of Britan were excepted Before this by the Mediation of Joan Queen of Scots or as 8 Rot. Scot. 27 Ed. III. M. 2. 't is phrased in the Record Consort to David Brus his Prisoner Sister to King Edward who in the 27th of his Reign had his Leave to come into England to her Husband with moderate Attendance cum moderata Familia and upon the Prayer of David Brus his Prisoner the Prelates Great Men and Commons of Scotland 9 Ibm. 28 Ed. III. M. 4 a la Priere David de Bruys nostre Prisoner des Prelates Grantz Comunes Descoce he granted to Treat with them about his Deliverance And thereupon sent to Newcastle Commissioners appointed to treat about the Deliverance of David Bruce upon Tine the Bishop of Duresme William de Bohun Earl of Northampton and Constable of England Gilbert d'Vmfreyvill Earl of Anegos the Lords de Percy and de Nevill William Baron of Greystock and Henry le Scrop his Commissioners with full Power to Treat with the Bishop of St. Andrews and Brechin Patrick of Dunbar Earl of the March of Scotland the Abbot of Dumfermelin and Master Walter de Moffet Arch-Deacon of Leonesse Commissioners for Scotland Where it was 1 Ibm. Agreed 1. That David should be Ransomed and fet free for Ninety thousand His Ransom 90000 Mercs to be paid in 9 years Mercs of Sterling
Silver to be paid in Nine Years by equal Payments the first whereof to begin at the Purification of the Virgin next coming after the Date of the Treaty or within Fifteen days after and to be made at Berwic if in the hands of the English otherwise at Norham-Castle in Northumberland not far from thence 2. That there should be a Truce upon sufficient Security by Instruments and Oaths between King Edward and all his People of England Scotland and the Isle of Man and David de Bruys and all the other People of Scotland and their Adherents by Land and by Sea in all Places without Fraud or Deceit until the said Sum was fully paid and that Edward de Baliol and other his Allies and Adherents should be comprised within the Truce 3. That all People of one Part and the other during the Truce A Truce for 9 years between England and Scotland with the Articles might Negociate and have intercourse one with another by Land and by Sea except Castles and Fortified Towns and Places And that if during the Truce any Country Town Land Burgh Possession Castle or Person of what Estate or Condition soever he was at the Day of making this Agreement should be taken or received into the Faith or Peace of one Party from the other soit pris ou receu de une Foi ou Pees a lautre that full Restitution should be made without Delay Contradiction or Fraud the same Hour they were demanded 4. That for the Payment of the Money according to the Agreement David was to send Twenty Hostages into England who were Twenty of the Eldest Sons and Heirs of the Earls and Best Men of Scotland named in this Article to remain there until the Money was paid c. 5. That the said David and the other Great Men of the Kingdom of Scotland as well Bishops and Prelates as other Lords of the Land should be bound by Letters and Oaths in the best manner and form could be devised for the Payment of the Money and Observation of the Truce And that the Merchants and Comunes of Aberdeen Dundee Perth and Edinburgh should be bound accordingly for themselves and all other Merchants of that Kingdom for the Performance of the Payment and Truce 6. That if the said David or others that should be bound for the Payment of the Money should fail of Payment of any of the Terms then the Body of David was to be re-entred into the Castle of Norham within three Weeks after every Failure there to remain until the Sum was paid 7. That if there should be any Rebels in Scotland against David item in cas que auscuns Rebelx Descoce soient contre le dit David they should not be received maintained ir supported by any in the Faith of King Edward Or if any in the Faith of King Edward should rise or rebell against him or his Officers he should not be received maintained or supported by the said David or any in his Faith or Legiance 8. By the Advice and Assent of the Prelates Great Men and Sages of the Kingdom King Edward accepted the Treaty and promised and granted in Good Faith That if David the Prelates Great Men and others of Scotland of his Party would observe and perform as much as belonged to them the Things treated and agreed upon That he would also keep and perform and cause to be observed the same without Fraud or Deceit according to the Purport of the Treaty In Witness and Confirmation whereof King Edward made his Letters Patents Dated at Westminster on the 5th of October This Treaty and all others before proved ineffectual 2 Hect. Boeth f. 326 b. n. 50. A new Treaty because the Scots would not consent to the Terms and Conditions of the Release Yet the Endeavours and Mediation before mentioned were continued and on the Third of October this Year Commissioners on both sides met at Berwic for King Edward 3 Rot. Scot. 31 Ed III. M M. 2. Dors A. D. 1357. The Commissioners on both sides John Arch-Bishop of York Thomas Bishop of Duresme Gilbert Bishop of Carlisle Henry de Percy Ralph Neville Henry le Scrope and Thomas Musgrave For Robert Steward Guardian of Scotland and the Prelates Lords and Commons of that Kingdom William Bishop of St. Andrews Thomas Bishop of Catness Patrick Bishop of Brechin Chancellor of Scotland Patrick Earl of March Robert de Irskin and William de Levington Knights When it was Agreed 1. That King David should be Released set Free and Ransomed for The Articles of a 10 years Truce K. David to be released an Hundred thousand Mercs Sterling Money to be paid yearly by Ten thousand Mercs the first Payment to begin at Midsummer then next following 2. That there should be a Truce kept and observed in England Scotland and the Isle of Man until the Money was paid And That Edward de Baliol and all King Edward's Allies should be included in this Truce 3. That for Payment of his Ransom Twenty Hostages should be delivered by King David there named in the Conditions of their Delivery 4. That King David the Prelates and Peers of Scotland should This and the former Truce to be observ'd be bound by Writing and Oath for Payment of the Money and Observation of the Truces 5. That if the Money was not paid as agreed they should be obliged to return the Body of King David who was to remain Prisoner while it was paid according to every Term of Payment These and some other Articles were the Conditions upon which he was released after more than Eleven Years Imprisonment King David was no sooner returned into Scotland after his Deliverance but he began to chastise 4 Hect. Boeth ut supra n. 60 70 80. K. David punished such as deserted him at the Battel of Durham such as deserted him and left the Field at the Battel of Durham And first he deprived Robert Stewart of the Right of Succession and declared Alexander Sutherland who was his own Sister's Son his Successor Robert Stewart being Son to the Daughter of the First Wife of Robert Brus and caused all the Nobility of Scotland to Swear Fealty to him But Alexander dying soon after he established Robert Stewart in the Succession according to his Right and caused the Nobility again to Swear Fealty to him He took away part of the Earl of the Marches Estate another Great Officer in the Army and punished others according to their Deserts It is not much to the Purpose of this History what the Troubles The Troubles and Confusions in France during King John's absence and Confusions were in France and the Miseries of that Nation during King John's Captivity or rather his Absence only from the French People they may be seen in the French Historians by such as desire to know them The bold Behaviour of the Provost of the Merchants and Parisians against the Dauphin the Insolence of the Rustics against the
Seigneuries and Soverainties and these Words or Sentence without retaining any thing to them or their Heirs and Successors or to the Kings or Crown of France also the last Words in what manner soever 8. Also it is agreed That the King of England shall have the Cities Counties Castles Lands Countries Isles and Places before named with all their Appurtenances and Dependences where-ever they are to hold to him his Heirs and Successors heritably and perpetually in Demain as the Kings of France held them and in the same manner saving what hath been said above in the Article of Calais and Merk and also the Cities Castles Counties Lands Countreys Isles and Places before named Rights Mere and Mixt Empire Jurisdiction and Profits whatever which any Kings of England held there with their Appurtenances and Dependences any Alienations Donations Obligations or Incumbrances had or done by any of the Kings of France in Seventy years from that time by whatsoever Cause or Form it was all such Alienations Donations Obligations or Incumbrances are now and shall be wholly annulled repealed and made void And all things so given alienated or incumbred shall be really rendred and delivered to the King of England intirely and in the same Condition they were Seventy years since or to his special Deputies as soon as they may without fraud and at furthest before Michaelmass next come twelve-months to hold them heritably and perpetually and to his Heirs and Successors except what is said in the Article of Ponthieu which is to remain in its force and saving all things given and alienated to Churches which shall peaceably remain to them in all Countries before and after named so as the Parsons of the Churches pray diligently for the Kings as for their Founders wherewith their Consciences shall be charged 9. Also it is agreed the King of England shall have and hold all the Cities Counties Castles and Countreys above-named which anciently the Kings of England had not in the same Estate as the King of France and his Sons hold them at present 10. Also it is agreed That if within the Limits of the Countreys the Kings of England anciently possessed they should now have any thing that was not then theirs of which the King of France was in possession on the 19th of September 1356 they shall be and remain to the King of England and his Heirs as above-said 11. Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they could without deceit and at furthest before Michaelmass 1361 should render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right Mere and Mixt Empire all manner of Jurisdictions high and low Resorts Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King or Crown of France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appurtenances and Appendances whatsoever or in Persons Vassals Subjects or whosoever of them be they Princes Dukes Earls Vicounts Arch-Bishops Bishops and other Prelates of the Church Barons Noblemen and others whosoever without reserving or retaining any thing to them their Heirs and Successors or to the Crown of France or others whatever it be whereby they their Heirs and Successors or any Kings of France or other Person under pretence of the King and Crown of France may challenge and demand any thing in time to come from the King of England his Heirs and Successors or upon any of the Vassals and Subjects aforesaid by reason of those Countreys and Places Also all the before named Persons their Heirs and Successors shall for ever be the Liegemen and Subjects of the King of England his Heirs and Successors and that he and they shall hold all the Persons Cities Counties Lands Countreys Isles Castles and Places afore named and all their Appurtenances and Appendances and they shall be and remain to them fully perpetually freely in their Seigneury Soverainty Obedience Ligeance and Subjection as the Kings of France had and held them in any time past and that the said King of England his Heirs and Successors shall have and hold perpetually all the Countreys before named with their Appertenences and Appendences and other things before named with all perpetual Franchises and Liberties as Soveraign and Liege Lord as Neighbour to the King and Realm of France without acknowledging any Soveraign or performance of any Obedience Homage Resort Subjection and without doing in any time to come any Service or making Recognisance to the King or Crown of France for the Cities Counties Castles Lands Countreys Isles Places and Persons before named or for any of them This Article was Corrected and at least Two Parts of Three left out of the Corrected Letter as then called or Copy the whole Article there being no more then what follows Also it is agreed That the King of France and his Eldest Son the Regent for them and their Heirs and for the Kings of France and their Successors for ever as soon as they can without fraud and at furthest before Michaelmass 1361 shall render and deliver to the King of England his Heirs and Successors and transfer to them all the Honours Ligeances Obediences Homages Vassals Fees Services Recognisances Oaths Right mere and mixt Empire all manner of Jurisdictions high and low Safeguards and Seigneuries which can or may belong in any manner to the Kings or Crown of France or to any other Person by reason of the King and Crown of France ou a aucun autre person a cause du Roy de la Coronne de France at any time in the Cities Counties Castles Lands Countreys Isles and Places above-named or in any of them their Appertenences and Appendences whatsoever or in Persons Vassals Subjects or whosoever of them 12. Also it is agreed That the King of France and his Eldest Son shall renounce expressly all Resorts and Soveraignties and all the Right they have or can have in all those things which by this Treaty ought to belong to the King of England And in like manner he and his Eldest Son shall renounce expressly all those things which by this Treaty ought not to belong or be delivered to him and all demands he makes of the King of France and especially to the Name and to the Right of the Crown of the Kingdom of France and to the Homages Soveraignty and Demain of the Dutchy of Normandy the Dutchy of Tourain the Counties of Anjou and Main the Soveraignty and Homage of the Dukedom of Bretagne and the Homages and Soveraignties of the Country and County of Flanders and all other Demands he can or shall make of the King of France for
Party which shall be executed by the Two Kings and in case they cannot end the Controversy in half a year then the Two Principal Parties of Blois and Here seems to be some inconsistency in this part of the Article but it is a true Verbal Translation from the â—râ—nch Montfort shall do what seems best to them and the Friends of one Part and the other shall assist which Part they please without hinderance of the said Kings or without receiving any Damage Blame or Reproach from them and if it happen that one of the Parties will not appear before the Kings or their Deputies at the time appointed and also in case the Kings or their Deputies shall declare an Accord between the Parties and shall give their Opinion of the Right of one Party and either of the Parties will not consent to and obey the Declaration then the said Kings shall be against him with their whole Power and in Ayd of the other which shall comply and obey But the Two Kings shall not in any Case in their proper Persons or by others make War upon one another for the Cause aforesaid and the Soveraignty and Homage of the Dutchy shall always remain to the King of France 22. Also That all the Lands Towns Countries Castles and other Places delivered to the King shall enjoy such Liberties and Franchises as they have at present which shall be confirmed by the said Kings or their Successors so often as they shall be duly required if they be not contrary to this Accord 23. Also the King of France shall render or cause to be rendred and confirm to Monsieur Philip of Navarre and to all his Adherents after this time as soon as may be without Deceit and at furthest within a Year after the King of France shall be gone from Calais all the Towns Fortresses Castles Lordships Rights Rents Profits Jurisdictions and Places whatever which he in his own Right or in Right of his Wife or his Adherents held or ought to hold in the Kingdom of France And that he shall not do them any Damage or Injury or reproach them for any thing done before that time and shall pardon them all Offences and Misprisions for the time past by reason of the War and for this they shall have good and sufficient Letters so as the said Monsieur Philip and his Adherents return to their Homage and perform their Devoirs and be Good and Loyal Vassals 24. Also it is accorded That the King of England may give for this time only to whom he please the Lands and Heritages that were Mons Godfrey de Harecourt's to hold of the Duke of Normandy or other Lords of whom they ought to hold by Homage and Services anciently accustomed 25. Also it is agreed That any Man or Country under the Obedience of one Party shall by reason of this Accord go under the Obedience of the other Party he shall not be impeached for any thing done in time past 26. Also it is agreed That the Lands of the Banished and Adherents of one Party and the other and the Churches of one Party and the other and all those that are disherited and outed of their Lands or charged with any Pension Tax or Imposition or otherwise in any manner charged by reason of the War shall be restored entirely to the same Rights and Possessions which they had before the War began and that all manner of Forfeitures Trespasses or Misprisions done by them or any of them in that time shall be wholly pardoned and these things to be done so soon as they well can or at furthest within one Year after the King shall leave Calais except what is said in the Article of Calais and Merk and the other Places named in that Article except also the Viscount of Fronsac and Mons John Gaillard who are not to be comprised in this Article but their Goods and Heritages shall remain as they were before this Treaty 27. Also it is agreed That the King of France shall deliver to the King of England as soon as well he may and at furthest within one Year after his Departure from Calais all the Cities Towns Countries and other Places above-named which by this Treaty ought to be delivered to him 28. Also it is agreed That upon Delivery of the Towns Fortresses and whole County of Ponthieu the Towns Fortresses and whole County of Montfort the City and Castle of Xainctes the Castles Towns Fortresses and all the King held in Demain in the Country of Xaintogne on both sides the River Charente the City and Castle of Angoulesme and the Castles Fortresses and Towns which the King of France held in Demain in the Country of Angoulmois with Letters and Commands of Releasing of Faith and Homage to the King of England or his Deputies He at his proper Cost and Charge shall deliver all the Fortresses taken and possessed by him his Subjects Adherents and Allies in the Countries of France of Anjou of Main of Berry Avergne Burgoigne Champaigne Picardy and Normandy and in all other Parts and Lands of the Kingdom of France except those of the Dutchy of Bretagne and those Countries and Lands by this Treaty which ought to be and remain to the King of England 29. Also it is agreed That the King of France shall give up and deliver to the King of England his Heirs or Deputies all the Towns Fortresses Castles and other Lands Countries and Places before named with their Appertenances at his proper Costs and Charge And also if he shall have any Rebels or Disobedient that will not render and give up to the the King of England any Cities Castles Towns Countries Places or Fortresses which ought to belong to him the King of France shall be bound to cause them to be delivered at his own Expence And likewise the King of England shall cause to be delivered at his Expence the Fortresses that by this Treaty ought to belong to the King of France And the said Kings and their People shall be bound to Aid one another when they shall be required at the Wages of the Party that shall require it which shall be one Florin of Florence a Day for a Knight and half a Florin for on Escuyer and to others And it is Agreed That if the Wages be too small in regard of the Rate of Provisions or Victuals in the Countries they shall be ordered by Four Knights chosen for that purpose Two of one Party and Two of the other 30. Also it is agreed That all the Arch-Bishops Bishops and other Prelates and Men of Holy Church by reason of their Temporalties shall be subject to that King under whom they hold their Temporalties and if they have Temporalities under both Kings they shall be subject to each King for the Temporalty they hold of him 31. Also it is agreed That Good Alliances Amities and Confederacies be made between both the Kings and their Kingdoms saving the Conscience and Honour of one
according to the Original by others according to the Corrected Articles but 't is not very hard to see thro this Mystery for both Kings and their Sons were very strict and exact in Confirming both Copies of the Articles as they thought themselves obliged by Oath to do and first confirmed them at Calais before the King of France had his Liberty and afterwards at Bologn when he was free from his Imprisonment yet were not so strict and just in the observation of their Oaths in the performance and fulfilling of them but used and made their advantage of the different Copies of the Letters and Instruments as they served their turns All things at that time relating to this Peace at Bretigny that could be having been finished at Calais and Bologne the 1 Froysard lib. 1. c. 213 f. 108. b. A. D. 1360. The King returns to England with the Hostages for the Observation of the Peace of Bretegny King his Sons and others with the Hostages of France took Shipping on the Eve of All-Saints or last of October and came for England where the Lords and other 2 Ibm. Their Freedom and Kind Reception in England Hostages had all the Enjoyments of the City of London Hawked Hunted and Visited the Ladies in the Country without any Restraint the King's Favour being so great towards them It was not long after this 3 Ib. c. 214. Du Chesne f. 693. D. A. D. 1361. King Edward â—â—nt Commissioners into France to take Possession of what had been agreed on that King Edward sent his Commissioners into France to take possession of what was granted him and what he was to enjoy according to the Peace but several Lords in Languedoc and Gascogne refused at first to be wholly under the Power of the English notwithstanding the King of France had Released their Faith and Homage which they affirmed Several Earls Viscounts and Lords refuse to become his Subjects Yet at last submit against their Wills he could not do nor make them Subjects to another Man The Lords were the Earls of March Perrigort Gominges Arminac the Viscounts of Chastillon and Carmaing the Lords of Pincornet and d'Albret yet at last pressed by the King's Command and prevailed upon by the King's Cousin James of Bourbon who was sent Express to them they obeyed against their Wills The same Difficulties were found in 4 Ibm. in both The same difficulties of non-submission in Poictou c. Poictou Rochelois and Xantoigne The Rochellers excused themselves often praying King John he would not put them out of his Power that they might come under the power of the English shewing to him they had rather every year be Taxed to the half of their Goods then come under their Power yet at length they submitted declaring openly That they would obey but their Hearts could never be moved 5 Froys Ib. Du Chesne f. 694. A. Further Difficulties about Evacuating Garrisons This done King Edward made Sir John Chandos his Lieutenant who had possession given him of all the Lands Countreys Towns and Fortresses which he was to have in France by John de Maingre Marshal of France and Received the Fidelity and Homages of all the Earls Viscounts Barons Knights and Esquires Towns and Fortresses making and appointing Seneschals Bayliffs Governors and all Officers in all Places in the Name of the King of England and made his own Residence at Niort a City in Poictou Then these there were yet greater Difficulties for notwithstanding what the English and French Commissioners for evacuating the Garrisons held by or for the English could do 6 Froys Ib. f. 109. b. Robbers Plunderers and Disbanded Officers and Soldiers there were some that would not yield but pretended they were imployed by the King of Navarre There were also many Strangers great Captains and great 7 Ibm. Make a great Body and call themselves Companions Robbers or Pillagers as Almains Brabanters Flemmings Haynalders and Gascoins who would not quit their Imployments or the Kingdom of France but set up for themselves under the Name of Companions and the Disbanded Soldiers of such as gave up the Garrisons and freely left their present Imployments ran into them chose new Captains and formed themselves into a great Body of Men 8 Ib. f. 110. a. so as it was feared in time they might do more Mischief in France then the War had done 9 Walsingh f. 178. l. 9 13. f. 181. l. 9. The greater part of their Leaders were English or at least under the Dominion of the King of England yet would not obey his Orders answering they must live by what they got To reduce these or expel them the Nation 1 Froys Ib. c 215. f. 111. 4. James of Bourbon sent with an Army to reduce them the King of France sent his Cousin James of Bourbon with an Army which was routed and himself much wounded of which Wounds he died three days after 2 Ibm. which was routed and himself killed They divide into Two Bodies These Companions pillaged and plundered the Countreys and good Towns where-ever they came and by the encouragement of this Victory or Advantage they grew very numerous so as they divided themselves into Two Bodies one whereof lay at Ance upon the River Saone not far from Lyons 3 Ib. f. 111. b. One whereof marched toward Avignon And threatned the Pope and Cardinals the other marched down by the River Rhosne leaving Lyons toward Avignon and in their way took the Bridge and Town of Holy Spirit within Seven Leagues of that Place and other Fortresses making themselves Masters of that River in this Place they found great Riches and had contrived to proceed to Avignon and take it or bring the Pope and Cardinals under their Mercy Pope Innocent and the Cardinals much disturbed at the Proceedings of these People who besides Robbing and Plundering committed all sorts of 4 Ibm. A Croysado Preached up against them without effect horrid Villanies preached up a Croysado against them and absolved all from Crime and Punishment a culpa poena who would venture their Lives to destroy them 5 Ibm. The Artifice to divert them but this Design did not take and therefore they sent to the Marquis of Montferrat who had then War with the Milanese to come to Avignon 6 Ibm. where it was contrived That for a good Sum of ready Money and the Promise of great Pay he should attempt to get them into his Service which had its due effect for upon the Payment of the Money and his Promise they quitted the Town of St. Spirit and other Places and marched with him into Piedmont The other Body of Companions would not stir out of France but kept possession of what they had got and increased in their Numbers and Outrages During these Confusions in France King Edward sent his Commissioners Sir Thomas Vuedale and Mr. Thomas de Dunclent Licentiate in Laws to the King
the College declared an Infidel Cursed and Condemned and Henry the Bastard Legitimated and made capable of Receiving the Kingdom 9 Froys ib. The Kings of France and Arragon make War against Peter and drive him out of his Kingdom By this Encouragement the Kings of France and Aragon made War upon him and sent under the Command of Bertrand du * Guesclin the Famous Commander of the Companions a great Body of those Men and a great Number of other Voluntiers under excellent Officers to assist the Bastard Henry against Peter who drove him out of his Kingdom Peter applies himself to the Prince of Wales 1 Ibm. c. 231. A. D. 1366. He applies himself to the Pr. of Wales who undertakes his Quarrel who sends into England to his Father and by his Advice and the Concurrence of the Gascon Lords undertakes his Quarrel upon Condition of Payment of his Men and that the King of Navarre would permit them to pass through his Country 2 His Brother the Duke of Lancaster came to his Assistance out of England and with as many Companions as he could gather up under the Command of Sir Hugh Caverly and others the Gascons and Forces his Brother brought with him he enters Castile 3 Ib. c. 234. Beats Henry The March Number of Men and Chief Commanders are described and named by Froisard on Saturday April 3. 1366. The 4 Ib. c. 237 238. and restores him Battel was fought between Navar and Navaret in Spain where Henry the Bastard received a total Rout and Peter was restored to his Kingdom Some time after the Battel 5 Ib. c. 239. f. 142. The Pr. sends to K. Peter for Pay for his Soldiers and could not get it the Prince sent to King Peter for Pay for his Soldiers who excused himself and let him know his People could raise no Money so long as the Companions were in the Country and that they had three or four times robbed his Treasurers coming to him with Money and therefore desired him to send them away The Prince not being well 6 Ibm. The Pr. not being well returns with his Army into Aquitan nor the Air of Spain then thought to be infectious agreeing with him or his Army he was advised to return to Aquitan and Order was given accordingly Upon his return he promised the Army to pay them so soon as he got Money though King Peter had not kept his Promise The Gascon Lords went to their own Homes the 7 Ib. c. 240. Companions kept together expecting their Wages and exercised their Trade of Robbing and Plundering The Prince desired 8 Ibm. The Companions rob and spoil the Country them to leave his Country it not being able to sustain them Some staid others that would not displease him marched towards France under English and Gascon Officers passed the River Loire and went into Champagne where their Numbers encreased much and they were so strong as none dare encounter them though many Complaints had been made to the King of France concerning them They harassed the Countries where-ever they came and the 9 Ibm. People wondered the Prince of Wales should send them thither to make War * So Mezeray Froysard Clâ—squi Walsingham Cleikin others Clequin and Guesciline Who wanting Money to pay his Debts contracted by the The Pr. wants Money Spanish Expedition and his own Expences and in some measure to satisfie his Soldiers and Military Men he was advised 1 Ib. c. 241. to call together the Bishops Abbats Barons and Knights of Aquitan at Niort where Chimney-Money was propounded and urged by Chimney-money propounded Many dissatisfied about it the Bishop of Rhodes Chancellor of Aquitan a Frank upon every Chimney Some consented to it others dissented but the main Answer was They would consider and advise about it and then departed 2 Ibm. Yet it was exacted The Prince commanded them to return at a Day assigned Many returned not nor would suffer Chimney-Money to be paid 3 Ibm. against the Advice of some of his Council He rigorously exacted the Collection of it Sir John Chandos one of the Chief of his Council advised him to the contrary but seeing he could not prevail left him pretending Business in Normandy at his own Estate St. Saviours le Vicount where he abode six Months In the mean time 4 Ibm. Many Great Men of Gascon complain to the King of France of the Oppressions of the Pr. of Wales the Earl of Arminac the Lord d'Albret the Lords Gomenges Pincornet and divers other Barons Prelates Knights and Esquires of Gascon made great Complaints and appealed to the French King as their Superious Lord to whose Court was as they affirmed the last Resort for maintaining their Liberties and Franchises against the Oppressions and Evil Usages of the Prince of Wales 5 Ibm. The King of France Summons him before him in his Chamber of Peers He managed them cunningly giving them such Answers as satisfied them at present yet knew not his meaning until he had covertly prepared for War and then he sent a 6 Ib. c. 243. Du Chesue f. 699. D. A. D. 1369. The Prince his Answer Summons to the Prince of Wales upon their farther Instance Dated January 25. at Paris to appear there before him in his Chamber of Peers and do the People Right according to their Complaints His Answer was That if he must come he would attended with Sixty thousand Men. This Summons was soon after followed with a Defiance 7 Froys e. 246. Du Ches f. 700. D. The King of France desies the King of England Invades Ponthicu and Aquitan sent to the King of England and the Invasion of Ponthieu and Aquitan The chief Reasons why the French King began the War again with England were besides the above-mentioned a pretended 8 Du Chesne f. 693. B C. The Reason of this War Agreement the Two Kings should make at Bologne on the 26th of October 1360. when the Treaty at Bretigny had been corrected and confirmed by them both by which it was accorded That whereas for some Difficulties which then hapned the Renunciations to be made at Calais could not be perfected both Kings in the Year following should send their Deputies to Bruges to be there on the Feast-Day of St. Andrew bringing with them the Treaty of Peace and Renunciations in Letters Patents Sealed with their Seals And until that time they should be of no effect And that to the King of France should remain the Resorts and Soveraignties as before 9 Ibm. That if any of the Subjects of one Party or the other should contravene the Peace exercising Robbing and Killing Pillaging Burning or Taking or Detaining Fortresses Persons or Goods in one Kingdom or the other upon the Subjects Adherents or Allies and should not cease or make Reparation within one Month after Demand From thence they were to be holden as Banished both Kingdoms Guilty of
Treason and to be punished without Remission or Connivance And further That one King do not Receive the Enemies of the other but preserve their Honour Reciprocally And that King 1 Ibm. Edward on his Part deputed no body to Bruges at the time appointed to make the Exchange of the Treaty and Renunciations 2 Ib. f. 694. A. B. That instead of delivering the Fortresses and Garrisons he held in France at his own Charge as he was expresly bound by the Treaty he kept many in his own Name under pretence of Wages due to the Soldiers as then unpaid and seized upon others and continued the War in effect by those of his Party who changed their Names and called themselves Companions who would not yield the Places they held without an unreasonable Redemption or Payment for the quitting of them Further That he took no notice of the Difference between his Son-in-Law John Montfort and Charles Earl of Blois concerning the Dutchy of Bretagne as by the Treaty he was equally bound to do as the King of France was but suffered the War to continue there to weaken the Force of France and to prevent the Return of the Companions into England lest that might have been too great Charge and Trouble to him That he never kept his Faith with France Lastly That he had done Homage and sworn Fealty to the King of France as to his Superiour Lord for the Dutchy of Aquitan Earldom of Ponthieu c. Mezeray 3 Fol. 388. writes That King Edward thought himself absolute Soveraignt in Guyen by the Treaty of Bretigny but as on his side he had not Disbanded his Soldiers and moreover he had committed divers Hostilities the King of France pretended that Treaty was null and void and that therefore he remained still a Vassal to the Crown And that it was upon this foot that All the Lands the King of England held in France declared so feit and to be confiscated for Rebellion Contempt and Disobedience he sent to declare War against him And afterwards his Parlement being assembled on Ascension-Eve sitting in his Seat of Justice made a Decree by which for Rebellion Contempt and Disobedience they declared forfeit and confiscated all those Lands the King of England held in France But beyond this Pretence in the Declaration of the Confiscation of the Dukedom of Aquitan against King Edward and the Prince of Wales by Charles V. King of France Dated at Vincennes the 14th of May 1370. it is positively affirmed That the Superiority and Resort of the whole Dukedom of Aquitan and the other Lands delivered and assigned to the English by that Treaty were especially and expresly reserved to his Father himself and Successors See the Instrument it self in Codex Juris Gentium Diplomaticus Fol. 229. Paragraph 1. wherein they are said to have violated the Peace they solemnly Sware to maintain and for that their Rebellion there so called their Contempt and Vsurpation of the Superiority and Resort of the Dukedom of Aquitan and other Lands and many other Crimes there mentioned that Dukedom c. was decreed Confiscate and to be annexed to the Crown of France The War being open the King 1 Claus 43 Ed. III. M. 24. Dors A. D. 1369. Summoned a Parlement to meet on the Octaves of Holy Trinity or the next Sunday after that Feast being May 27. this Year 2 Rot. Parl. 43 Ed. III. n. 1. A Parlement called The cause of Summons The King Prelates Dukes Earls Barons Knights Citizens and Burgesses being in the Painted Chamber the Bishop of Winchester then Chancellor shewed the cause of Summons telling them That the King in all his great Business touching himself and the Kingdom had in all times done and wrought de tout temps ad fait overs c. by the Counsel and of the Great Men and Commons of the Realm who he found in all his Affairs Good and Loyal for which he thanked them and would not any thing should be unknown to them He further told them That with their Advice and An account of the Transactions between K. Edward and his Adversary of France Counsel he had made Peace with his Adversary of France upon certain Conditions That he should cause to be delivered unto him certain Lands and Countries beyond Sea and also pay him certain Sums of Money at certain times appointed in the Peace and that he should lay aside the Use of Resort in all the Lands and Countries of Gascon and all the Lands and Countries which the King held beyond Sea and that he was to part with the Name and Title of the King of France for the same time pur His unfaithful Dealing with K. Edw. mesme le temps That his Adversary had wholly failed to make Delivery of the Lands and Countries so Agreed to be Delivered by the Peace and of his Payment also That nevertheless he had received the Appeals of the Earl of Armynak the Lord de la Bret and others which were the King's Lieges in Gascon and by virtue of their Appeals had caused to be Summoned the Prince of Gascoigne to appear before him at Paris le Prince de Gascoigne dapparer devant luy a Paris c. the first Day of May last past to Answer their Appeals against the Form of the Peace 3 Ibm. n. 2. And further That he had sent a great Number of Men at Arms and others into the Countries of Gascoigne and there by force had taken Towns Castles Fortresses and other Places killed some of the King's Liege People taken others and imprisoned them in expectation of great Ransoms The like also he had done in Ponthieu And because of these things done in the Principality against the Form of the Peace 4 Ibm. n. 3. the Prince sent solemn Messengers to inform the King he had called to him the most Wise Men of the Principality and treated with and propounded to them whether by reason of these things he might not by Right and Reason retake upon him and use the Name of King of France who answered and affirmed the King might do it by Right and Good Faith de Droit bon Foi 5 Ibm. Upon which Point the Arch-Bishop of Canterbury and the other Prelates were charged by the King furent chargez par le Roy to treat and shew their Advice and Counsel lour Avys Conseil On Wednesday following the 6 Ibm. n. 8. King Edward by Advâ—câ— of Parlement retakes upon him the Title and Name of King of France Arch-Bishop and Prelates after mature Deliberation had upon the Charge with one accord answered and said respondrient desoient That the King for the Causes above-said might retake and use the Name of King of France by Right and good Conscience To which Agreed the Dukes Earls Barons and other Great Men and Commons in full Parlement a ce 7 Ibm. accorderent les Ducs Countes Barons autres Grants
Comunes en pleyn Parlement Which Name of King of France he did retake and had his Great Seal and other Seals altered and that Title 8 Ibm. engraved upon them On the same 9 Day and Thursday the Estate of the King 8 Ibm. 9 10. was laid before the Great Men and Commons feust monstre as Grants Comunes lestat le Roy and because the War was open par cause de la Guerre queste overte he should be at great Charges as well by Sea and Land which he could not maintain without their Aid he requested them they would treat and advise how he might be best assisted to his greatest Profit and the least Charge and Damage to the People The Prelates Dukes Earls and Barons by themselves and then the Commons of one accord Granted les Prelates Ducs Barons par eux puys les Comunes A Subsidy of Wooll c. granted to maintain the War dun acord Granteront c. to the King a Subsidy of Woolls of every Sack 43 s. 4 d. and of the Woollfels every Twelvescore as much and of every Last of Leather 4 l. which passed beyond Sea for three Years besides the ancient Custom to begin at Michaelmas next coming of Denizons Of Strangers for every Sack of Wooll 4 Marcs of every Twelvescore Woollfels 4 Marcs and of every Last of Leather 8 Marcs He not only provided for Money this Parlement but 1 Ib. n. 25. K. Edward's Offer To all Persons whatever that would maintain his Quarrel against France declared That for the Compensation of such Lords or others of whatsoever Estate Degree Condition or Nation they were who would maintain his Party and Quarrel against his Enemies of France should hold Heritably what they should Recover and Conquer be they Dutchies Earldoms Vicounties Cities Towns Castles Fortresses or Lordships situate in France by what Name or Title they were called of him as of the King of France by the Services and Dues accustomed except and reserved expresly to him and his Heirs all his Demeasn Royalties Services Homages Dues Resorts and Soveraignties belonging to the Crown of France except also Church-Lands and the Lands of all such as without Force or Difficulty would obey adhere to and stay in Obedience to him on their own Good-will and him Aid Counsel and Comfort in his Quarrel c. This Year 2 Wals f. 184. n. 20. The Death of the Queen The Offer as above no advantage to K. Edward 3 Froys C. 272. Du Ches f. 704. D. He sends his Letters of Indemnity and Pardon into Aquitan on the Assumption of the Virgin Mary or 15th of August died Queen Philip Just and Sincere as the Historians say to the English Interest There is nothing extant which makes it appear that the Offer above-mentioned advanced King Edward's Cause and therefore next Year he sends his Letters of Indemnity and Pardon with great Promises of Reformation into Aquitan 3 That he being informed of certain Troubles Grievances and Molestations done or supposed to be done by his Dear Son the Prince of Wales in his Seigniory of Aquitan being obliged and desirous to remedy all things tending to evil Surmises Hatreds and Contentions between him and his Loyal Friends and Subjects did Announce and Pronounce Certifie and Ratifie of his meer Good-will and by great Deliberation of his Council to that purpose called and did Will and Command That the Prince of Wales should forbear and remit all manner of Actions done or to be done and restore to all such as had been grieved or molested by him or by any of his Officers and Subjects in Aquitan all their Costs Expences or Damages raised or to be raised in the Name of Aids or Chimney-Money And did further pardon all such as had revolted and forsaken his Homage and Fealty upon Condition that after the sight of these Letters within one Month they returned to their Obedience And if any Persons made any just Complaint against his Dear Son the Prince or any employed by him that in any thing they were grieved or oppressed or had been in times past he would cause them to have reasonable Amends for the maintaining of Peace Love Concord and Vnity between him and his People of the Dutchy And that all Men might be satisfied of the Truth of these Letters he willed they should have Copies of them and then declared he had Sworn to maintain and make them good by the Body of Jesus Christ in the Presence of his Dear Son John Duke of Lancaster the Earls of Salisbury Warwick Hereford and many other there named Dated at Westminster in the 44th Year of his Reign on the 5th of November in the Year of our Lord 1370. Mezeray 4 F. 389. The King of France joined Religion and Eloquence to his Arms And sent Preachers abroad to justifie his Cause taking notice of these Letters tells us That to the Force of Arms the King of France joined Religion and Eloquence which could do all things on the Hearts of the People He ordered Fasts and Processions to be made all over his Kingdom and sometimes went barefoot himself with the rest when at the same time the Preachers made out his Right and Title with the Justice of his Cause and the Injustice of the English Which had two Ends the one to bring back again those French Provinces which had been yielded by the Treaty of Bretigny the other to make those that were under him willing to suffer the Contributions and all other Inconveniencies of War The Arch-Bishop of Thoulouse alone by his Persuasions and Intrigues regained above Fifty Cities and Castles in Guien amongst others that of Cahors The King of England would have practised the same Methods on his part and sent an Amnesty or General Pardon to the Gascons with an Oath upon the Sacred Body of Jesus Christ to raise no more new Imposts but all this could not reclaim those Minds that had bent themselves another way King Edward 5 Ib. c. 249. 250. Forces sent into France to the Prince Some of the Companions joined with them sent Forces over to the Prince with Edmond Earl of Cambridge his own Son and the Earl of Pembroke his Son-in-Law who with a great number of Companions under the Command of Hugh Caverley an Experienced Officer which came from Aragon Rendezvoused at Angolesm and were put all under his Command by the Prince What things of Note they did I find not Before this time 6 Ib. c. 241 242. Henry the Bastard killed Peter King of Castile and fixed himself in the Throne Henry the Bastard had by the Assistance of Peter King of Aragon the King of France and the Power of Bertrand de Guesclin and his Companions seized the Kingdom of Castile and killed King Peter and fixed himself in that Throne The King of France wrote to Henry to 7 Ib. c 276. Bertrand de Guesclin and his Companions serve the K. of France against K. Edw.
permit him and to Bertrand himself to come into France and to enter into his Service who made all the haste he could and came and joined the Duke of Anjou at Tholouse About the same time the 8 Ib. c. 279. The Duke of Lancaster arrived at Burdeaux with more Forces from England Duke of Lancaster arrived at Burdeaux with more Forces from England who marched forthwith to the Princes Rendezvous at Cognac where he met with the Earls of Cambridge and Pembroke who all joining with the Forces of Xantong and Poictou which the Prince had Summoned in made a great Body of Men. In the mean time 9 Ib. c. 280. Limoges delivered to the French the Duke of Berry lay before Limoges who being reinforced with Forces sent under the Conduct of Bertrand de Guesclin caused the City to Treat and was soon delivered by the Bishop and Citizens into the hands of the French to whose King they gave their Faith and Homage While these things happened in Aquitan the Command of the 1 Ib. c. 280. Mezer. f. 390. The English harass and burn the Countries about Paris Army about Picardy was given to Sir Robert Knolls which terrified the Country as far as the Loir it harassed Vermandois Champaign la Brie and the Isle of France burnt all round Paris yet nothing could move the King of France to send out of Paris any Force against them The Prince much inraged with 2 Froysard c. 283. The Prince inraged with Limoges takes it by Storm puts to the Sword 3000 Men Women and Children Burns and destroys the Town Limoges for rendring as it did was resolved to execute his Revenge upon it set his Miners to work to undermine the Wall which they did in the space of a month so as a great part of it fell into the Ditches when the Town was taken by Storm and more than Three thousand Men Women and Children of the Inhabitants put to the Sword the Town burnt and destroyed by the Prince's Command The Bishop likewise should have had his Head strucken off had not the Duke of Lancaster begged him of the Prince and the Pope by sweet Words and kind Intreaty prevailed with the Duke to send him to Avignon 3 Ib. c. 280. The weak Condition of the Prince 4 Ib. c. 287. His return to England The Prince at this time was carried in a Horse Litter being so weak he could not ride This was the last Warlike Athievement of the Prince being 4 advised by his Physicians and Chirurgeons to return into England for his Health's sake He took their Advice and with his Princess his young Son Richard the Earls of Cambridge and Pembroke came for England leaving the 5 Ibm. A. D. 1370. Affairs of Aquitan to the Management of his Brother John Duke of Lancaster By this time 6 Du Chesne f. 707. B. Bertrand de Guesclin had Baffled the Army of Sir Robert Knolls that had Braved all France and recovered from the English many Towns and Fortresses for which Services he was Bertrand de Guesclin made Constable of France made Constable of France on the Second of October In the latter end of the 44th year of Edward the Third on the 8th of January he 7 Rot. Claus 44 Ed. III. M. 1. Dors issued Summons for a Parlement to meet on Monday in the first week of Lent being the Feast of St. Matthias or 24th of February in the 45th of his Reign on A Parlement summoned which day the King Prelates Great Men and Commons Grantz Coes assembled in the Painted Chamber 8 Rot. Parl. 45 Ed. III. n. 1. The Cause of Summons and the Bishop of Winchester then Chancellor declared the cause of Summons to be That by their assent last Parliament the King did retake upon him the Name of King of France because his Adversary had broke the Peace and used the Resort which by that belonged to him for which cause and others he had been at great Expences and sent some Great Men and others to a great number to recover and conquer his Right par son droit avoir conquere and that the King had received News from his Friends and Allies That his Adversary had made himself stronger then he had done before que son adversair se fait plus fort quil nad fait devant and directed so great a number of People to be brought together as seemed to him were able this year to put him out of possession of all his Lands and Countreys beyond Sea as well in Gascoign as at Calais Guines Pontheu and other Places and further That he had such a Fleet ready as seemed sufficient to destroy the whole English Navy a destruire toute la Navy Dengleterre and also That he prepared to send over a great Army into this Land to destroy conquer and subject it to his Power Wherefore the King required and charged the Great Men and Commons par quoi le Roi requert charge les Grantz Coes That they would Advise about these Points and Counsel him how the Kingdom might be safely guarded the Navy preserved from the Malice of his Enemies how his Lands beyond Sea should be kept the War there maintained and the Conquest of them carried on Upon these 9 Ib. n. 8. Causes thus propounded and many ways of Ayd Touched Treated of and Debated between the Great Men and Commons plusours voies de eide touchez tretez parlez debatuz per entre les Grantz Comunes in consideration of the great Costs and Charges the King was to be at for the Causes abovesaid the same Great Men and Commons mesmes les Grantz A Subsidy of 50000 l. granted to be levied ratably upon every Parish Comunes on the 28th day of March granted a Subsidy of 50000 l. to be levied of every Parish of the Land 22 s. 3 d. so as every Parish of greater value should contribute ratably to those of less value But at the Great Council holden at 1 Ib. n. 6. A great Council at Winchester The number of Parishes could not answer 50000 l. as it was to be levied upon them and therefore they were Taxed higher Winchester Eight days after Trinity Sunday the Chancellor shew the Great Men and Commons there assembled fust monstre par le Chancellor as Grantz Comunes illoeques assemblez That the number of Parishes in England would not answer the Sum of 50000 l. as might appear by the Certificates of all the Arch-Bishops Bishops and Sheriffs made and returned into Chancery by the King's Warrant 2 Ib. n. 10 â—1 Note That the Transactions of this Council and the precedent Parlement are entered in the same Roll and the numbers continued as if it were one and the same Assembly Which Certificates being Examined sur se plusors tretes parlances eues and many Treaties and Conferences had upon the Matter at last in full accomplishment of the Sum of
50000 l. the said Great Men and Commons les ditz Grantz Comunes granted of every Parish within the Kingdom of England Cxviâ—s the Sum of 22 s. 3 d. first granted being comprised therein except the County of Chester and the Church Lands which were Taxed to the Tenth so as always the Parishes of greater value should be contributary to those of less value The 3 Ib. n. 12 13. Commission of this Grant was read before the King Great Men and Commons and the Names of the Collectors given in by the Knights of the Shires and also the Names of the Lords and others that were assigned to see the Tax was duely and reasonably Assessed and Levied and the Petitions of the Commons that were not answered in the preceding Parliament were answered in this Council amongst which this following is very observable For that 4 Ib. n. 15. it had been declared to the King in this present Parlement by all the Earls Barons and Commons of England That The Commons Petition that Lay-men and no others might be made the great Officers of the Kingdom the Government of the Kingdom had for a long time been managed by Men of the Church whereby many Mischiefs and Damages had happened in time to come in Disherison of the Crown and to the great Prejudice of the Kingdom It would please the King That Laymen of sufficient Abilities and no others might for the future be made Chancellor Treasurer Clerc of the Privy Seal Barons of the Exchequer Chamberlanes of the Exchequer Controller and other Great Officers and Governors of the Kingdom and that this Matter might be so Established that it might not be Defeated or any thing done to the contrary in time to come saving to the King the Election and Removal of such Officers yet so as they should be Lay-men The King's Answer was 5 Ibm. He would do in this Point what The King's Answer seemed best to him by Advice of his Council The Members of this great Council were 6 Rot. Clause 25 Ed. III. M. 29. Dors The Members of the great Council at Winchester four Bishops four Abbats six Earls six Barons and such and so many of the Commons as the King named in his Writs to the Sheriffs which were of the last Parlement for Kent there were only 7 Ibm. Thomas Apuldrefeld one of the Knights of the Shire Edmund Horner one of the Citizens of Canterbury and John Fynchynfeld one of the Citizens of Rochester About this time 8 Froys c. 295. John Duke of Lancaster Married Constance the Eldest Daughter of Peter the Cruel King of Castile c. the true Inheritrix of that Kingdom and took upon him the Title of King in her Right * Ib. John Duke of Lancaster's Title to Castile 9 Ib. c. 296. Whereupon Henry the Bastard of Castile made a League Offensive and Defensive with the King of France 9 After Michaelmas he came for England for Instructions how to carry on the Affairs of Aquitan leaving Governors and Deputies in Guien and Poictou his Wife and her Sister Isabel who was afterward Married to Edmond his Brother Earl of Cambridge came with him And this Winter 1 Ibm. Two Armies to be sent into France were divers Councils holden about the Affairs of Aquitan and other Parts in France and how the War was to be maintained there next Summer at last it was resolved there should be Two Armies sent thither one into Guien and another by the way of Calais In the Spring 2 Rot. Vasc 46 E. III 〈…〉 Henry the Bastard of Castile assists the King of France with a Fleet. the Earl of Pembroke was made Lieutenant The Earl of Pembroke Lieutenant of Aquitan of Aquitan and was ordered to go by Poictou into Guien with a Fleet and Forces and to land at Rochell The King of France knowing what was designed in England sends to Henry the Bastard of Castile to assist him with a Fleet who sent one greater and far more powerful than that of England 3 Froysard c. 297 298 299. A. D. 1372. The English Navy destroyed The Earl of Pembroke taken Prisoner The Two Fleets met at the Entrance of the Bay of Rochell on the 22d of June where they fought two days most of the English Navy was destroyed or taken and the Earl made Prisoner The Rochellers saw all this but gave no assistance to the English tho demanded of them The Ship also was sunk in which the Treasure was for the payment of the Soldiers in Aquitan The Earl of Pembroke was sent Prisoner into Spain to Henry the Bastard who about 4 Walsingh y prodig Neustr f. 530. n. 10. He dies three years after sent him to Bertrand Guesclin for a Sum of Money he owed him The Sum of his Ransom was agreed on at Paris but coming for England to raise the Money being very weak he died before he reached Calais and the Constable of France lost the Price of his Redemption After this Fight at Sea and the Destruction of the English Fleet 5 Froysard c. 304. Rochell declares for the King of France Rochell declared for the King of France and all Rochelois In Poictou the Constable reduced many Towns and Forts and besieged 6 Ib. c. 305. Mezer. f. 392. The Town of Thovars forced to Capitulate The Terms granted unto them Thovars whither most part of the Lords and Chief Men of that Country were retired as to a Place of Security In a short time they were forced to Capitulate and Agree That they should put themselves their Lands and the City under the Obedience of the King of France unless upon their sending to the King of England he himself or one of his Sons came with an Army to relieve them by next Michaelmas-day The Messengers 7 Froysard as above King Edward resolved to go into France with an Army sent from Thovars informed the King Prince and Council of the Condition of Poictou and Xantonge and especially of that Place The King resolved to go over himself and was advised to take with him that Army which was to march into France by the way of Calais 8 Ibm. He summons the Noble and Military Men to pass with himself and Prince of Wales and besides he sent forth Summons for a very considerable number of the Military Men and many of the Nobility to be ready to pass the Sea with him and the Prince of Wales into Poictou On 9 Rot. Clause 46 Ed III. M. 12. Dors A. D. 1372. Prayers made for success Monday August 30. Orders having been given for Publick Prayers to be made in all Churches for good success upon the Voyage he took Ship with many of the chief Nobility and with 400 Vessels 1 Froysard as above The Voyage unhappy by reason of contrary Winds of all sorts sailed toward the Coast of France and Poictou but the Wind was always contrary so as he could
not land Having kept the Sea about five weeks and the time limited for Relief or Surrender of the Town being past he returned to England in the beginning of October 2 Ib. c. 306. Poictou Xantogne and Rochelois lost This unhappy Voyage with the Disaster of the Earl of Pembroke lost all Poictou Xantogne and Rochelois On the very day 3 Pat. 46 Ed. III. Part. 2. M. 25. Richard Son to the Prince of Wales made Guardian and Lieutenant of England in his absence he put to Sea he made his Grandchild Richard Son to the Prince of Wales then scarce Seven years old Guardian and his Lieutenant of the Kingdom during his absence appointing him a Council fit for the Management of the Publick Affairs Two days after on the first of September 4 Clause 46 Ed. III. M. 11. Dors Summons of Parlement he issued Writs of Summons for a Parlement to meet 15 days after Michaelmass but before that time King Edward was come into England and by his 5 Ib. M. 10. Dors Which Prorogued by Writ Writs dated at Winchelsea on the 6th of October he prorogued this Parlement to the morrow of All-Souls or 3d of November Sir John Knivet 6 Rot. Parl. 46 Ed. III. 11. 1 2 3. Further Declaration of Summons declared in part the Causes of Summons the Parlement being adjourned until Friday after that Monsieur Hugh Bryan in the White Chamber acquainted 7 Ib. n. 7. The Revenues of Guien not sufficient to support the Government of it c. the Prelates Duke Earls Barons and Banerets les Prelates Dâ—â— Countes Barones and Banerets That the Prince who had the Principality of Guyen by the Grant of the King had often signified to him when there by Letters and Messengers That the Revenues and Profits arising from the Principality did not nor could suffice to maintain him and support the Government and Wars against their French Enemies and other necessary Charges without great assistance from the King and that the Prince having made these things appear to the King and Council when first he came into England had surrendred 8 Ib. n. 8. The Prince resigns it into the King's Hands into the King's Hands the Principality and all he could claim there by virtue of his Grant in the presence of the King's Council and some other Great Men. On the next day being 9 Ib. n. 9. Yet a further Declaration of Summons Saturday Sir Hugh Bryan before the Prince Prelates Dukes Earls Barons and Commons in the White Chamber more especially declared the Causes of Summons That the King by Advice of the Great Men des Grantz had ordered many Great Men plusours des Grantz with sufficient Power some into Gascoigne others to Calais to oppose the Malice of his Enemies and make War upon them by all the ways they could That afterwards for sudden News that came to the King he made ready with all his Power to put to Sea or go to Sea ove tout son poair daler sur la Meer against his Enemies to do what he could against them but by reason of the Wind being contrary and other Causes reasonable par contrariousete de vent autres causes reasonables he came back into England and caused to be summoned and prorogued this Parlement that the Great Men who were with him upon the Sea might be there that by the good Advice and Counsel of them and others and The French make themselves stronger by Sea and Land then ever they had done before also of the Commons anxi une la Coe he might do the best he could for the safety of the Nation and to resist and oppose the Malice of his Enemies who had made themselves much stronger by Land and Sea then ever they were before qui plus safforcent de guerer si bien par terre come par Meer que unques fesoient a devant And then 1 Ibm. beseecheth the Prelates Prince Dukes Earls Barons and Commons on behalf of the King supplia as ditz Prelates Prince Ducs Countes Barons as Coes de par le Roi that they would advise upon this Matter and give such Counsel donner tiel conseil and Ayd to the King as seemed to them best profitable for the Nation and to restrain the Malice of his Enemies Queux 2 Ib. n. 10. These Commons were the Knights of Shires Prelates Prince Ducs Counts Barons Coes eu sur les pointes de lour charge as dependantz dycelles plein deliberation c. which Prelates Prince Dukes Earls Barons and Commons having had full Deliberation upon the Points of their Charge and the Dependences thereon and also considering the great and outrageous Charges and Expence the King was to be at for the Defence of the Nation and Maintaining the War against his Enemies granted him the Subsidy of Wooll Leather and Wooll-fells A Subsidy upon Wooll c. for Two years to begin at Michaelmass last past of every Sack of Wooll which passed out of England 43 s. 4 d. of every Twelvescore Woollfells as much of every Last of Leather 4 l. of Denizens besides the old Custom and of Strangers or Forreigners four Marks of every Sack of Wooll as much of every Twelvescore Woollfells and Five Pounds six shillings eight pence of every Last of Leather And whereas 4 Ibm. A Fifteenth granted the Subsidy and Custom so granted could not be sufficient for the great Expence and Charge the King was to be at for the Causes abovesaid as it was openly shewed unto them the same Prelates Prince Dukes Earls Barons and Commons having regard thereto 5 Ib. n. 11. granted One Fifteenth for one year to be levied as the last was On the 23d of 6 Ib. n. 12. November the King Prelates Duke Earls Barons and Commons assembled in the White Chamber when the Chancellor declared to the King how kind the Lords and Commons had been to him in granting him the Subsidy and Fifteenth who much Thanked them for their great Ayd and and then the 7 Ib. n. 13. Petitions of the Commons were read and answered when the Knights of Shires had leave to depart 8 Ib. n. 14. and sue out Writs for their Wages or Expences pour lour depenses but the Citizens and Burgesses were commanded to stay 9 Ib. n. 15. The Grant of the Citizens and Burgesses who the same day assembled before the Prince Prelates and Great Men and for the safe coveying of their Ships and Goods granted 2 s. upon every Tun of Wine coming in or passing out of the Kingdom and 6 d. in the Pound of all Goods for a year The next Year the King 1 Rot. Fran. 47 Ed. III. M. 18. A. D. 1373. John Duke of Lancaster the King's Lieutenant in France and Aquitan made his Son John King of Castile and Leon and Duke of Lancaster his Lieutenant as well in the Kingdom of France as
of the Dukedom without delay during the Truce all but 200 Men to guard the Towns and Places the Duke held there The Two Kings to have 9 Ibm. Commissioners at Bruges on the 15th of September next coming to Treat of Peace The residue of the Articles are of less moment These were confirmed by John King of Castile and Leon Duke of Lancaster with Protestation That the Title of King of France given to King Charles Adversary to his Father nor the Title of King of Castile given to Henry his Adversary might in no manner prejudice either of them or their Titles In Winter the 48th of Edward III. the 1 Rot. Fran. 48 Ed. III. M. 6. Earl of Cambridge and Duke of Bretagne were made the King's Lieutenants in France but went not till the next 2 Claus 49 Ed III. M 46. Spring for whose good Success Publick Prayers were appointed to be made In this Expedition 3 Froys cap. 313. there went with the Earl and Duke several Noblemen and Persons of Quality and in a short time he recovered many of his Towns in Bretagne and had laid siege to the Town of Campelly when Sir Nicholas Carswell and Sir Walter Vrswick were sent to him by the Duke of Lancaster to quit the Siege and give over that War as being included in the Truce made at Bruges On the 28th of December next following the Truce 4 Claus 49 Ed. III. M. 6. Dors Summons to Parlement Writs of Summons were sent forth for a Parlement to meet on the 12th of February Afterwards before it met by Writs Dated 5 Ibm. M 4. Dors the 20th of January the King thought fit to Prorogue it duximus prorogandum to the Monday after the Feast of St. George but it sate not till the next Day when the Prelates Dukes Earls Barons and other Great Men and Commons Justices Serjeants of the Law and others assembled in the Painted Chamber before the King 6 Rot. Parl. 50 Ed. III. n. 2. A quel Lendemain s'assemblerent les Prelates Ducs Contes Barons les autres Grantz Comunes Justices Sergeantz de Ley autres en la Chambre de Peynte And there Sir John Knivet declared the Causes of holding the Parlement which were three 1. The First and Principal was To advise about the Good Government The cause of Summons and Peace of the Realm of England 2. The Second For the Defence and Safety of the Kingdom as well by Sea as Land 3. The Third To take Order for the Maintenance of the War with France and otherwhere and how and in what manner it might be done for the best Profit quickest Dispatch and greatest Honour of the King and Kingdom And then told them expresly That what the King always had done was by their good Counsel Comfort and Assistance tout dys par lour bons Conseilx Confortes Aides for which the King The Lords advise by themselves and the Commons by themselves entirely thanked them and desired they would diligently advise about these Matters the Prelates and Lords by themselves and the Commons by their selves and give their Good Answer lour bone Responce as soon as they well could The Commons 7 Ibm. n. 8. A Committee of Lords assigned by Parlement to go to the Commons c. went to their ancient Place the Chapter-House of the Abbey of Westminster and the Prelates and Lords went by themselves and there were assigned in Parlement fuerent assignez in Parlement the Bishops of London Norwich Carlisle and St. Davids the Earls of March Warwick Stafford and Suffolk They agree about the Grant of a Subsidy the Lord Percy Sir Guy de Bryan Sir Henry Lescrop and Sir Richard de Stafford to go to the Commons and assist them in Treating and Conferring upon the things before declared They agreed upon the Grant of a Subsidy which begins as followeth Les Seigneurs Coes 8 Ib. n. 9. assemblez en cest present Parlement eantz consideration The Lords and Commons assembled in Parlement having Consideration of the very great Charges and Expences the King hath and must be at for the maintaining of his Wars his Noble Estate and otherwise granted him the Subsidy of Of Wooll c. Wooll Leather and Woollfells as it was granted him in the Parlement holden at Westminster in the 47th of his Reign from the Feast of St. Michael next coming when the Subsidy then granted ended to the end of three years and the Commons humbly pray the King to be excused That they gave him no other Subsidy or Ayd for his Wars for that they were brought so low and so disabled by the Pestilence the Murrain among their Beasts and destruction of their Grain and other Fruits that they could not do otherwise at present but promised if any extraordinary Case should happen they would Ayd him to the utmost of their Power as they had done before beyond all the Commons of the World to their Liege Lord. After this the Commons considering 9 Ib. n. 10. the Mischiefs of the Land do shew unto the King and Lords of Parlement That it would be for the Honour and Profit of the King and the whole Land which is grieved in divers manners by many Adversities as well by the Wars of France Spain Ireland Guyen Britain and other-where so that the Officers about the King without The Commons pray Ten or twelve Persons may be added to the King's Council c. other assistance were not sufficient for so great Busines wherefore they pray the King's Council may be inforced or augmented with Lords Prelates and others to the number of Ten or Twelve who should be continually with the King so as no great business should pass without their Assent and Advice nor small Matters without the Advice and Assent of Six or Four of them at least as the Case required The which Request the King understanding 1 Ibm. The King grants their Prayer upon Condition it was honourable and very profitable to him and the whole Realm granted provided always that the Chancellor Treasurer and Privy Seal and all other the King's Officers might execute their Offices without the presence of any the said Counsellors which the King was to assign from time to time of such as he pleased who were to be Sworn to keep this Ordinance and to do Right to every one according to their Power without receiving any Reward for so doing That none of 2 Ib. n. 11. The King's Officers not to receive Gifts c. the King's Officers should receive any Gifts Fees or Rewards other then their Salaries Liveries and Travelling Charges The Commons make Protestation 3 Ib. n. 15. The Commons ready to ayd the King with Body and Goods Complain of Evil Counsellors and Officers That they were and always have been and will be ready to Ayd the King with their Bodies and Goods to the utmost of their Power but they
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
Roy That he may by Award of this present Parlement be restored to his former Estate and Degree to the great Profit of the Kingdom The King 3 Ibm. Ro. The King grants their Prayerâ— willeth at the Prayer of several Prelates and Lords of Parlement d'aucuns Prelates Seigneurs de Parlement and also at the Prayer of the Commons In the last Day of the Parlement when the Petitions of the Commons had been read and answered the Speaker Sir Thomas 4 Ibm. n. 87. The Speaker prays That the Judgments against all such who had been Impeached last Parlement might be reversed Hungerford said before the Prelates Lords and Commons That whereas many People as well Men as Women had been Impeached in the last Parlement without due Process and were Judged in certain Peynes and foreclosed of the commune Liberty which every Loyal Subject ought to enjoy and therefore prayed it would please his Majesty to restore them to their former Estates Dignities and all other things notwithstanding those Judgments The King presently demanded If their Request was made for all that were impeached And he answered Their Request was all It was then told them They must declare distinctly in Writing for whom and why they Petitioned And presently the same Day Seven Bills i. e. Petitions were delivered to the Clerk of the Parlement whereof the first Two do here follow To our most 5 Ibm. n. 88. The same Prayer for the impeached Persons in particular Dread and Noble Lord our Lord the King pray the Commons of your Realm That whereas your Liege Rich. Lyon by hasty Process was adjudged to the Tower of London during your Majesty's Pleasure That it would please your Gracious Lordship que ple a vostre Graciouse Seigneurie to Grant him your Favour to be restored to the Law his Goods Lands and Tenements for according to Law no cause of Forfeiture could be found in him To their 6 Ibm. n. 89. most Dread and Gracious Lord the King and his Sage Council in this present Parlement his Commons make Supplication supplient ses Comunes That whereas Alice Perrers by untrue Suggestion and undue Process was in the last Parlement foreclosed of the Common Liberty which every Loyal Liege of the King as well Men as Women ought freely to enjoy unless they be convict of a Crime or evil Deed for which they are to forfeit it they would please for the Love of God and right Justice to have Consideration That the said Alice was never present in Parlement nor otherwise duly admitted to answer any thing for which she was Judged and for this cause to repeal the Judgment if any were and cause her to be restored entirely to her former Estate the said Judgment or any Prohibition made against the said Alice in the same Parlement notwithstanding The other Five Bills or Petitions were according to this Form for five other Persons namely John de Leycester Adam de Bury Walter Sporier John Peachy of London and William Ellys of Yarmouth But there was not nor could be any Answer made to them The Parlement ended 7 Ibm. n. 95. because the Parlement ended the same Day before any thing could be done in them Sitting this Parlement the 8 Claus 51 Edw. III. M. 16. King was informed the French were gotten to Sea and had done much hurt upon the Coasts wherefore he endeavoured to prolong the Truce To which purpose on the 20th of 9 Rot. Fran. 51 Ed. III. M. 7. Feb. he appointed several Commissioners to Treat with the Commissioners of the King of France before the Pope's Legates but nothing was done in the matter the Legates only propounded a Match between Richard Prince of Wales and Mary the King of France his Daughter And afterwards there The Truce continued was another Meeting of Commissioners at Monstreul without other effect than continuing the Truce until the first of May next following as was before noted out of Holinshed Mezeray 1 Fol. 394. says King Edward was now much desirous of Peace and was willing to relinquish many Articles of the Treaty of Bretigny but was prevented by Death On the 26th of April another 2 Rot. Fran. 51 Ed III. M. 3. Commission was made to the Bishop of St. Davids John Bishop of Hereford and others by which Power was given them to Treat at Monstreul with the French Commissioners and to compose all Differences Wars and Contentions But by reason of Jealousie and Suspicion the Commissioners had one of another they never met This Year John 3 Wals f. 191 192. Knighton col 2647. n. 10. Wyclif was convented before the Arch-Bishop of Canterbury and Bishop of London for his Opinions contrary to the Opinions of those Times at the Black-Friers London where were present John Duke of Lancaster and the Lord Percy How Wycliff behaved himself at this time See the lâ—tter end of Church Affairs in this Reign The Citizens of London their Rage against John Duke of Lancaster The Duke gave the Bishop of London some harsh words which gave the Citizens such Disturbance that they in a great Tumult would have murdered him and pulled down or set fire to his House called the Savoy had not the Bishop interposed and kept them from doing it To save himself he left his Dinner and gat privately away to Kemington near Lambeth where the Prince was with his Mother So that not finding him they only in the Streets reversed his Arms as if he had been a Traitor For 4 Holinsh f. 412. n. 30. Hypod. Nâ—â—str f. 53. n. 40. King Edward's Death this the present Major and Aldermen were put out of their Places and others put in by the Duke's Power who then in the King's Weakness and Infirmities was his Assistant and Viceroy and had Directed all the Affairs of the Nation for some time of which Infirmities and Sickness daily encreasing 5 Wals Hist f. 192. n. 30. Hypod. Neustr f. 531. n. 50. he Died at his House of Shene June 21. 1377. having Reigned 50 Years 4 Months and 28 Days Church-Affairs THE old Controversie was still continued inter Regnum Sacerdotium between the Secular and Ecclesiastic Governments or between the King and Pope concerning the Regalia in Church Matters and concerning the Clergy In the 4th of his Reign the King 1 Append. n. 97. wrote to the Pope which was John XXII concerning the Treasury of York having been given by Provision to a Cardinal against the Rights of his Crown and Prerogative and to the inestimable Damage of the Kingdom that he would revoke his Provision and supplicates him to direct the Cardinal not to contend against William de Maza his Clerk that was in Possession of it by his Presentation about such a Novelty and Vsurpation it being his and always had been the Right of his Progenitors in the Vacancy of the Arch-Bishoprick and to strengthen that Right vouches a Precedent in the
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
the Pope under his Great Seal and the Peers and Great Men of the Land under their Seals That he would cease from putting these Burthens upon the Nation and revoke what he had done And if any of the Peers or Great Men would not Seal such a Letter the Commons would not hold him a Well-wisher to the King's Profit or theirs And in case the Pope should not comply with what was desired they pray the King to encourage and maintain such as should and would endeavour to remove this Burthen and put such out of his Protection as would not They also pray him to Command all the Peers and Great Men of the Land to stay at this Parlement quietly until these things should be perfected and sealed as above Et la Comune pri a nostre Seigneur le Roy qil voille comander as touz les Piers Grantz de la Terre qils demoergent en pees a le Parlement tanque ceste choses soient perfaites enseales sicome desus est dit And for the great Damage that might happen in the mean time he would please to grant his Prohibitions to the Ministers and Proctors of the Great Bishops not to meddle in this matter until the Pope had wrote back his Pleasure The 8 Ibm. Ro. Answer to this was That the King understood the Mischief and would that the Great Men and Commons should order Remedy and Amendment and he would agree to it voet que entre les Grantz les Comunes soit ordeigner Remedie Amendment il sacorder And also the King would and agreed That Letters should be wrote to the Pope about this matter as well by himself as also by the Great Men and by the Commons And 9 Ibm. n. 10. then the Earls Barons and other Nobles and the whole Communalty of the Realm puis fu prier a nostre Seigneur le Roy en ce Parlement par Counts Barons autres Nobles tote la Comunalte du Roialme prayed the King That for to avoid and set aside the Damages Grievance and Oppression of the People and Holy Church of England de Seint Eglise d'Angleterre which were done there by the Reservations and Provisions of the Court of Rome par Provisions Reservations de la Court de Rome as well of Benefices as of First-Fruits and by Impositions of Tenths and other Burthens in Disheriting as well the King and his Crown as the said Earls Barons and other Nobles he would please to command to be considered certain Petitions of the Earls Barons and Commons of the Realm in the time of his Grandfather in his Parlement holden at Carlisle in the 35th Year of his Reign and also the Agreement and Judgment made upon them in that Parlement Their Prayer was granted and search was ordered to be made in the Rolls and Remembrances of the said Parlement where amongst other things it was found That upon the shewing of the Earls Barons and Commons their Petitions The Statute of Provisors made at Carlisle Ed. I. That Holy Church in this Nation had been founded in the State of Prelacy by his Grandfather and his Progenitors the Earls Barons and their Antecestors to inform the People in the Holy Faith and for Prayers Alms and Hospitality to be made done and kept in the Places where the Churches were founded for the Souls of the Founders and their Heirs and all Christians And that certain Possessions and Lands in Fee and Advowsons to a very great Value were assigned to the Arch-Bishops Bishops Abbots Priors and other Houses of Religion by your said Grandfather and his Progenitors Earls Barons and other Great Men of the Realm and their Ancestors and that they in the time of Vacancy of such Prelacies and Houses as Lords and Advowees or Patrons had and ought to have the Presentments and Collations of all manner of Benefices of the Advowry or Patronage of such Prelates to give them to Englishmen * Writ of the King's Council who had Great Place with his Grandfather and the Great Men abovesaid for their Knowledge and Advice when they had occasion to make use of them And that the Pope that then was had appropriated to himself the Gifts of such Possessions and Benefices by his Provisions and Reservations and gave and granted Dignities Prebendaries and Churches to such as never Resided in England and to Cardinals and others as well Strangers as Englishmen which could not Reside here as if he had been true Patron and Advowee of Right as he was not For which things if they should be suffered within a short time there would be no Benefice in the Gift of such Prelates but by such Provisions would be in the Hands of Strangers contrary to the Will and Intent of the Founders and so the Elections of Arch-Bishops and Bishops would fail Prayers Hospitalities and Alms which ought to be performed would cease and his Grandfather and other Lay Patrons in times of vacancy would lose their Presentments and Collations and the said Council would * For want of Bishops and able Dignified Persons of his own Nation of which then the King's Council mostly consisted perish and the Goods of the Nation in a great measure carried out of the Kingdom to the undoing of the State of the Holy Church of England de seinte Esglise Dengleterre and the Disinheriting of his Grandfather and his Crown des autres Nobles du dit Roialme and of other Nobles of the Realm and in Offence and Destruction of the Laws and Rights of the Kingdom to the greatest Damage and Oppression of the People and Subversion of the State of the whole Nation contrary to the Will and Ordinance of the first Founders By the Assent of the Earls Barons Nobles and Commonalty considering intirely the Errors and Damages aforesaid in the said Parlement of Carlisle it was Provided Ordained Decreed and Considered That the forenamed Grievances Oppressions and other Damages and Errors aforesaid from thenceforth should not be suffered to be done in any manner Whereupon the said Grandfather by his Writs forbad all such as it concerned to attempt or do any thing that might turn to the Blemishing of his Royal Dignity or in prejudice of the Nobles or his People and further he commanded all the Sheriffs by his Writs That if by Enquests taken any could be found doing to the contrary they should take their Bodies and bring them safely before him at a certain day to answer as well to him as others that would complain against them and to do further and receive what the Court should award in this Case Wherefore our Lord the King Edward the Third in this present Parlement at the Suit of the Commonalty making Suggestion by their Petition before him and his Council of many Errors Damages and Grievances that many times happened by such Provisions and Reservations as well of Benefices as First Fruits and other things whatsoever Of Impositions of Tenths
and other Burthens by the Pope lately made To the Slander Dishonour and Depression of the whole Church of England and Disinheriting of our Lord the King and his Crown and other Nobles of the Kingdom and in Offence and Destruction of the Laws and Rights thereof and most grievous Damage of his People and Subversion of the State of the whole Realm against the Will of God and the good Design of the Founders of these Benefices and against the Provision Ordinance Accord Decree and Consideration aforesaid made by his Grandfather and and Council and they pray the King he would please to have regard to the Church of England to the Indemnity and Disinheriting of himself the Earls Barons Nobles and Commonalty and Ordain Remedy He by assent of the Earls Barons and Nobles and the Commonalty of his Realm Provided Ordained Accorded Decreed and Considered That as well within the Franchise of the Cinque-Ports as other-where upon the Sea Coasts and thro all the Counties of the Kingdom as well within Franchise as without open Proclamation should be made That none of what Estate or Condition soever he was be he Stranger or Denizen should from henceforward bring or cause to be brought upon grievous forfeiture to the King Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People to deliver to Arch-Bishops Bishops Abbats Priors Earls Barons or any others within the Realm and that none by virtue of such Provisions or Reservations receive Benefices of Holy Church and that none upon the forfeiture aforesaid receive or take such Letters Bulls Process or Instruments touching such Provisions and Reservations nor by reason thereof make Institution or Induction or any other manner of Execution of them and that none do or suffer to be done any other thing that may be prejudicial to the King or his People or Blemish the Rights of his Crown or the Provisions Ordinances Accords Decrees and Consideration beforesaid And also it was further agreed That diligent search should be made in all Places needful for all and every one coming into the Kingdom and that all who shall be taken by such Search or Enquest to be taken or by other Information bringing Letters Bulls Process Reservations Instruments or other things prejudicial to the King or his People and all those who by them receive any Benefices and place themselves in or be received into them And also those that by Authority of such Letters Bulls Process Reservations or Instruments shall or do make any Appeals Citations or Process against the Patrons of the Benefices or those they have Presented or any others or shall Prosecute or cause to be Prosecuted in any Court whatever where they have done or procured to be done any thing in prejudice of the King or the Earls Barons Nobles and Commonalty aforesaid or of the Provisions Ordinances Accords Decrees and Consideration and against the Proclamation and Inhibition aforesaid shall be taken and arrested by their Bodies and the Letters Bulls Process and Instruments upon such Provisions and Reservations shall be taken from them or others wherever they are to be found and sent before the King's Council with their Bodies that brought them into England Wales Ireland or the County of Chester or Prosecuted any Execution of them with the Bodies of all others that shall be taken and arrested for the cause abovesaid to take and receive what the Court shall award and that hereupon Writs to that purpose be sent thro the whole Realm According to this Agreement a Proclamation and Writs were issued but without effect for in the Parlement 1 Clause 18 Ed. III. Part 1. M. 14. Dors next year which began Eight days after Holy Trinity the Commons prayed the King 2 Rot. Parl. 18 Ed III. n. 33. That the Provisions Ordinances and Accord made in the Parlement of the 17th year of his Reign concerning the Provisions and Reservations de la Court de Rome of the Court of Rome might be confirmed and made a perpetual Statute It was also 3 Ib. n. 36. ordered That the King present to the Prebends Dignities Churches and Chappels of such as lived in his Enemies Countreys or seize them into his Hands and employ the Profits in Defence of the Land and Holy Church except so much as should maintain the Houses and provide for Divine Service 4 Ib. n. 37. and that any one who should bring any thing prejudicial to this Order from beyond Sea should be taken and carried back again And further That these Writs and Proclamation were of no effect it appears by another 5 Append. n. 99. Proclamation this year directed to the Sheriffs of London in which all these Provisions Ordinances and Agreements are recited and in which it is said further That some Provisors such as had received Benefices c. by the Pope's Provisions as well Strangers as Denizens their Proctors and Messengers not considering the said Provisions Ordinances Concords Decrees Proclamation and Inhibitions nor the Punishments contained in them had brought Letters Bulls Process Reservations and Instruments into the Kingdom prejudicial to the King and his People and had delivered them to Arch-Bishops Bishops Abbats Priors and others as well Denizens as Strangers to be Executed since and contrary to the Proclamation and Inhibition aforesaid and the Arch-Bishops Bishops and others receiving them by virtue thereof admitted and inducted very many Provisors and their Proctors or Substitutes into Benefices which they possessed to the disinheriting and intolerable prejudice of the King his Crown and People against the Form of the Provisions Concords Decrees Considerations Proclamation and Inhibitions aforesaid And you that is the Sheriffs of London have attempted somewhat against that Proclamation and Inhibition and have hitherto neglected to obey our Command therein at which we are much troubled and then he comes to the Inhibition according to the Points of the former Agreement Provision and Ordinance including all those that admitted or inducted any into Benefices according to the Pope's Bulls and Reservations under the greatest Forfeiture that could be made and concludes They should so behave themselves in the Execution of this present Proclamation and Command as he might not have cause to prosecute them as Favourers of his and the Kingdom 's Enemies Witness the King at Westminster the 30th of January in the Eighteenth year of his Reign of England and of France the Fifth By the King and the whole Council In the same manner all the Sheriffs of England received the King's Commands That they put in Execution the Proclamation in their several Counties and Shires and also Bartholomew de Burghersh Constable of Dover Castle and Keeper of the Five Ports In a Parlement holden on the 8th of September in the 20th of his Reign by Leonel his Son Guardian of England 6 Rot. Parl. 20 Ed. III. n. 30. the Commons Petition that the Alien Monks might be made to go out of England before Michaelmass next
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
Grands by their great Devotion and Gifts to Holy Church were in peaceable possession to give the Churches and Benefices as Holy King Edward gave the Bishoprick of Worcester to St. Wulstan and afterward by Devotion of the Kings it was granted and by the Court of Rome confirmed That the Cathedral Churches should have free Election of their Prelates so as the Bishopricks by true Election and other Benefices of Holy Church were given Charitably not out of Covetousness or by Simony to the most Worthy of the Clergy of Strictest Lives and holy Conversation that could be found such as would reside upon their Benefices Preach Visit and Confess their Parishioners and spend the Goods of Holy Church to the Honour of God and in Works of Charity according to the Devotion and Intent of the Donors And so long as these good Customs were used the Kingdom was prosperous the People good and Loyal there was Peace and Quiet and sufficient of Treasure Grain Cattle and other Riches but since these good Customs have been perverted Covetousness and Simony advanced the Kingdom hath been full of Adversities le Roialme ad este plien des diverses adversitez as Wars Pestilence Famine Murrein amongst Cattle and other Grievances whereby the Kingdom was so much empoverished and destoyed that there were not the Third part of the People or other Things in it for the Cause abovesaid and what follows Also it is to be thought on That no Man in the World who loved God Holy Church the King and Kingdom of England but had great Reason to think Sorrowfully of things and Weep That the Court of Rome that was wont to be the Fountain Root and Source of Sanctity and Destruction of Covetousness Simony and other Sins had so craftily by little and little more and more in process of time gained the Collations of Bishopricks Dignities Prebendaries and other Benefices of Holy Church in England of which the Pope always received the Tax or First Fruits and by his Bulls made several Translations that he might get the more by which Means and by other Payments and Charges the Bishops became so much in Debt to the Court of Rome that they sold the Timber of their Bishopricks had Ayd of their Poor Tenants and the Clergy and all Methods were taken to destroy the Church and Realm of England Also it ought to be thought on That there are many that when they have purchased one Benefice of the Court of Rome and payed the Tax or First-fruits and the Brokers of Benefices residing in the Wicked City of Avinion en la pechere use Cite D'Avenon they let them to Farm and send the Rents to their Brokers to purchase more and greater Benefices even as a Caitif or miserable Person not worth or good for any thing by Simony or Brokage shall be preferred to Churches and Prebendaries to the Value of 1000 Marcs whereas a Doctor of Decrees and a Master in Divinity must be satisfied with a small Benefice of 20 Marcs So as Clercs lose all their Hopes of being advanced as such And for the same cause People forbear to put their Children to School so as the Clergy fails which is the Support of the Church and our Holy Faith declines and comes to nothing Also it ought to be thought on That Strangers Enemies to this Land and others beyond Sea have Benefices Riches and Rents of Holy Church in England which never saw or will see their Parishioners whereby the Service of God and Holy Church and all Works of Charity are neglected the Parishioners like to suffer in Body and Soul their only care being to get the Profits of their Benefices out of the Kingdom And so it is that Holy Church is more destroyed by such wicked Christians than by Turks and Saracens Also it is to be thought on That the Law of Holy Church is such that the Benefices of Holy Church ought to be given freely out of pure Charity without Price or Prayer without the Gift of Gold Silver or any thing else And that Law and Reason will that what is given by Devotion to Holy Church ought to be spent to the Honour of God according to the Devotion and Intent of the Donour and not out of the Realm upon their Enemies Also it is to be considered That God committed his Sheep to the Pope to Pasture and not to Shear them and that the Lay Patrons followed these Examples and sold their Churches as God was sold to the Jews who put him to Death Wherefore they desired the King would please to observe this was the 50th Year of his Reign which was called the Year of Jubilee the Year of Grace and Joy and it would be the greatest Grace and Joy that ever happened to this Kingdom and the most pleasing to God and Holy Church and all those that love them if the things above-said were laid to heart and agreeable Remedy provided for them And then propounded the King and Great Men should write to the Pope as had been before ordered in Parlement The King's Answer was That he had ordained sufficient Remedy before by Statutes and otherwise that he was then applying to and pressing the Pope concerning this matter and was fully resolved to do it from time to time until he had performed their Desires as well concerning the things comprised in this large Bill next foregoing as that which was to follow which was very near the same The Title of this Bill in the Todding or in the Margin of the Parlement-Roll is Bill encontre le Pape le Cardinaux The Bill against the Pope and Cardinals and the other which follows this on the Roll and was almost the same had this Title The Bill and Articles against the Pope and Clergy Billes Articles encontre le Pape le Clergy To both which the King answered as above It is worth notice That though the Second Bill was near the same with the First yet in that the Commons informed the King 9 Rot. Parl. 50 Ed. III. n. 45. 104. there were several Spies who resided in London who had their Spies and Informers in all parts of the Kingdom that gave them notice when any Dignities or great Benefices were void that they might send to the Cardinals and other Persons residing in the Court of Rome to purchase them of the Pope Seeing in these Complaints there hath been so often mention made of Provisions and Reservations for the better understanding thereof here follows the Translation of one of them according to the true Form John Bishop 1 Append. n. 101. the Servant of the Servants of God to the future Memory of the thing Whereas we have understood That the Church of Rochester by the Death of Thomas * Thomas de Windham he died the last of Feb. 1316. See Gâ—dwin Bishop thereof is at present void We for the good Estate of that Church intending the Provision of it for this Turn for certain Causes that have persuaded us
the Titles to them being Examined by the most knowing of the King's Council it was adjudged 3 Ibm. by the King and his Council he might Execute them by himself and sufficient Deputies 4 Ibm. and on the Thursday next before the Coronation which was also on a Thursday he sate de precepto Regis by the King 's Writ as Steward of England to hear the Claims of all that pretended to have Offices and perform Services on that day On the very day 5 Walsingh Hist f. 193. n. 40 50. of King Edward's Death yet before he was known to be dead there were sent some of the chief Citizens by the City of London to the Prince then at Kingston with his Mother who by John Philpot that was one of them acquainted him That his Father was undoubtedly dying and had the manifest Signs of Death upon him and beseeched his Favour to The Citizens of London desire the King's Protection and Protection of the Citizens and his City of London which was his Chamber it being unspeakably disturbed he was so far from it being ready not only to venture their Estates but also if needful to lay down their Lives for him with Request to him he would come and Reside there and further prayed him he would vouchsafe to put an end to all Discords and Differences between the Citizens and the Duke of Lancaster 6 Ib. f. 194. n. 10 20. which was performed next day by several Persons sent to London for that purpose Froysart 7 F. 196. a. col 2. says England was then to be Governed by the Duke of Lancaster by Accord of all the Land yet soon after the Coronation 8 Walsingh f. 198. n. 20 30. perceiving all things in the Kingdom were like to become new and his Care not to be valued amongst new Men and fearing if any thing should happen amiss to the King or Kingdom it might be imputed to him and that he should for the good he did receive small or no Thanks with the King 's The Duke of Lancaster with the King's Leave retired from Court Leave he retired from Court and went to his Castle of Kenelworth before his departure he promised the King if he should need his assistance to come to him with a greater appearance then any Lord in England or do any other thing that might tend to his Profit or Honour The French on the 21st of August 9 Ib. n. 40 50. The French land in the Isle of Wight landed in the Isle of Wight burnt and plundered some Towns and received a Composition of the Inhabitants to save the rest They then burnt 1 Ib. f. 199. n. 20 30. Hastings in Kent and indeavoured to burn Winchelsey but were repulsed as also at Southampton by Sir John de Arundel the Earl's Brother On the 4th of that month 2 Rot. Clause â— Ric. â—I M. 37. Dâ—rs A Parlement called Writs were issued for a Parlement to meet Fifteen days after Michaelmass The Cause of Summons was declared by the Arch-Bishop of 3 Rot. Parl. 1 2 3 4 5 6. Canterbury and rehearsed by Monsieur Richard Lescrop 4 Ib. n. 11. The Cause of of Summons which were That the Commons would advise the King how in the best manner his and the Kingdom 's Enemies might be resisted and how the Expences of such Resistance was to be born with the greatest Ease to the People and Profit and Honour to the Kingdom The Commons 5 Ib. n. 12. The Commons desire to have a Committee of Lords for their assistance pray the King That for the Arduity of their Charge that is the Declaration of Summons que pur l'arduite de lour charge and for the feebleness of their Powers and Senses la Feoblesce de lours poairs sens That it would please the King to grant them to have the Prelates and Lords under-written for their Ayd and Assistance to Commune or Treat especially with them in their Affairs for the more hasty and good Exploit of the Business wherewith they were charged 6 Ib. n. 13. that is the King of Castile and Leon Duke of Lancaster the Bishops of London Ely Rochester and Carlisle the Earls of March Arundel Warwick and Angos the Lord Nevill Monsieur Henry Lescrop Richard Lescrop and Richard de Stafford which was granted by the King in Parlement The Duke of Lancaster immediately 7 Ibm. The Duke of Lancaster makes his Excuse to the King for not being of that Committee His Relation how he had been accused of Treason and Excuse stood up and falling upon his Knees towards the King humbly prayed him to hear him a little in a weighty Cause that concerned himself and then said the Commons had chosen him for one of the Lords to Commune with them of the said Matters but desired the King would please to Excuse him for that the Commons had spoken Evilly of him and so ill that he had committed manifest Treason if their Report was true which God forbid being always careful not to do any such thing as the truth was notably known and said further None of his Ancestors of * Noâ—e Tâ—â—mas Eâ—rl of Lancaster and his Brother Henry Grandfather to his Wife Blanch in the time of Ed. II. one side or other was ever Traytor but good and Loyal and it was a marvellous thing he should stray out of the Line marveillous chose serroit sil vorroit forveier hors de lyne for that he had more to loose then any other in the Kingdom And more he said That if any Man of what Estate or Condition soever he was should be so hardy as to affirm Treason or other Disloyalty upon him or His general Challenge to defend himself by his Body other thing done by him prejudicial to the Kingdom he was ready to defend himself by his Body or otherwise by Award of the King and Lords as if he were the poorest Knight Bachelor of the Realm Whereupon 8 Ib n. 14. The Lords Excuse him the Prelates and all the Lords stood up and with one Voice Excused and prayed him to leave off such Words for they thought no Man living would say any such thing The Commons 9 Ibm. The Commons Excuse him also said it was apparent and notorious that they thought him free from all Blame and Defamation les Comunes avoient le dit Duc excusez de tout Blasme Diffame inasmuch as they had chosen him to be their principal Ayd Comforter and Counsellâ—r in this Parlement praying with one Voice to have them excused Then the Duke said the Words had been long thrown about the Kingdom falsely and he wondered how any Man could or would begin or continue such a thing for the Disgrace and Danger that might thence arise because the first Inventor of such Speeches by which Debate might be moved between the Lords He moves for a Law against the Inventors
of such Reports of the Land was a manifest and very Traytor for such Debates might turn to the Destruction of the Kingdom for ever and he prayed that a good Ordinance and a just and speedy Punishment might be provided in that Parlement for such Talkers and Inventors of Evil Reports or Dreams sur tieux parlours trouvours de mesongs to avoid such Mischiefs for the time to come but for the time past all should be forgiven as to his own Person After this 1 Ibm. n. 17 18. The Commons pray Three things of the King and Lords First That Eight continual Counsellors may be appointed for that the King at present was Innocent and of Tender Age for the amendment of several Mischiefs and the Salvation of the Realm which was then in greater Danger then ever it was before the Commons prayed the King and Lords of Parlement for Three things especially First That they would in that Parlement Appoint and Name Eight Persons of divers Estates to be the continual Counsellors of the King for the Business of the Kingdom together with the King's Officers to be such Persons as best knew and most diligently would and could take pains in the amendment of the Mischiefs and for the good Government and Salvation of the Realm and the Commons might know the Names of those Counsellors which also may be the Expenditors and Directors of what was to be given toward the Wars Secondly That they would please to 2 Ib. n. 19. Secondly Such to be appointed as were to be about the King's Person Name and Appoint in that Parlement such as should be about the King's Person People of Virtuous and honest Conversation that might Educate him accordingly and that the Charge of the King's House might be born with the Revenue of the Crown so as what was granted for the Wars might only be employed that way Thirdly That the 3 Ib. n. 20. Thirdly That the Land might be observed Common Law and other Statutes and Ordinances of the Land might be Observed Ratified and Confirmed and the People Governed by it and that it might not be defeated with Masterships and Singularities of any about the King c. saving in all things the Regalities and Dignity of the King to which the Commons would not any prejudice should be done any way by their Demands The Answer to these Demands 4 Ib. in the end of the number The general Answer was That the Prelates and Lords would Advise together commanding the Commons to return to their place commandant as communes de retournir a lour place and Treat of their other Charges given to them tretir de lours autres â—â—arges a lours douez between that time and Thursday next a quel jour ils furent commandez a retournir en parlement c. to hear the Answer to their Requests The first 5 Ibm. n. 21 22. The particular Answer to the first Request Request of the Commons was Repeated before the King and Lords and by them granted so as the Chancellor Treasurer and Keeper of the Privy Seal Justices of the one Bench and the other and all other Officers of the Realm may execute their Offices without the presence of such Councellors who by Advice of the Lords were 6 Ib. n. 23. Nine the Bishops of London Carlisle and Salisbury the Earls of March and Stafford Messires Richard de Stafford and Henry Lescrop Banerets and Messires John Deverose and Hugh Segrave Bachelors Which 7 Ib. n. 25. Nine Prelates Earls and others chosen in Council for this year esluz en conseil pur ceâ—â— An were Sworn before the King himself to do what they were chosen for in the presence of many Lords of Parlement As to the Second Request to 8 Name and Assign such as To the second Request should be about the King's Person the Lords of Parlement there answered That it seemed to them for many Causes too heavy and hard a Request trop chargeant dure Request to place any Person about the King that should not well please him or to Remove any Officer or Servant if it were not by his Express Will and for notable fault to be proved against such Officers and Servants Wherefore the Lords would not willingly meddle with these Matters peront les Seigneurs ne verroient voluntres entre mettre To the other 8 Ib. toward the end of the number part of this Request the Lords Answered They would by good Deliberation speak with the Great Officers of the King's Houshold and if by their advice it could be done saving the State and Honour of the King what they desired should be performed For the 9 Ib. in the end of the number To the Third Third at present it seemed reasonable to all the Lords it should be granted The Lords and Commons * Ib. n. 27. Two Fifteenths and Two Tenths granted perceiving the great danger of Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies granted to the King Two Fifteenths without Cities and Burghs and Two Tenths within Cities and Burghs for Two years praying the King That as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King 's Appointment which were William Special Treasures appointed to receive them Walworth and John Philypot Merchants of London who were to give an Accompt of their Receipts and Disbursements in manner as the King and his great Council should order In this 1 Ib. n. 41 42 43. Parlement Alice Perrers was brought into the Lords House where Sir Richard Lescrop Steward of the King's Houshold by the Command of the Prelates and Lords Recited in the presence of the said Alice an * See this Ordinance here in the 50th of Ed. III. Alice Perrers accused in Parliament Ordinance made in the Parlement holden at Westminster in the 50th of Edward the Third That no Woman especially Alice Perrers should prosecute any Business in the King's Courts by way of Maintenance upon pain of forfeiture and Banishment out of the Kingdom and the said Seneschal or Steward surmised to the said Alice and the Lords That she had incurred the pain of it and forfeited against the Ordinance in Two Points First That Sir Nicholas Dagworth was ordered by the King's Council to go into Ireland upon several great Matters profitable to the King and his Realm the said Alice after the Ordinance made perswaded the King and procured at the Court at Havering by her singular Suit That the said Nicholas should be countermanded and his Voyage staid to the great damage of the King and Realm Secondly That one Richard Lyons for certain Misprisions of which he was Convict in the said Parlement submitted himself to the King's Grace viz. his
King grants the first And will forbid the second with him or in the Kingdom to uphold any Quarrel or Suit by Maintenance 5 See Stat. at Large first of Rich. II. cap. 4. under pain of loosing their Offices and Services and to be Imprisoned and Ransomed at the King's Pleasure The Commons also 6 Rot. Parl. 1 Ric. II. n. 50. The Commons pray all great Officers of the Court and Kingdom may be appointed in Parlement during the King's Minority pray That during the King's Minority the Chancellor High Treasurer Chief Justices of one Bench and the other the Chief Baron of the Exchequer the Steward and Treasurer of the Houshold the Chief Chamberlain and Clerk of the Privy Seal the Wardens of the Forrests of this side Trent and beyond might be made and provided by Parlement and if it should happen that any of these Ministers or Officers should be laid aside between one Parlement and another That then another be put in his place by his great Council until next Parlement It was agreed That 7 Ib. Ro. It was agreed that some of those Officers should be chosen by the Lords in Parlement while the King was under Age that the Counsellors Chancellor Steward of the Houshold and Chamberlain should be chosen by the Lords in Parlement soient esluz par les Seigneurs en Parlement saving always the Estate and Heritage of the Earl of Oxford to the said Office of Chamberlain and as to the other Officers abovenamed the King should make them by the assent of his Council The Commons of the Kingdom shew to the King and Council of Parlement That in many parts of the Kingdom of England 8 Ib. n. 88. The Commons complain of the Practices of the Villanes A nostre Seigneur le Roi a Conceil du Parlement monstrent la Comune du Roialme qen plusours parties du Roialm d'Engleterre c. the Villanes and Land Tenents in Villenage as well of Holy Church as Lay Lords which owed Services and Customs to their Lords had withdrawn them of late and did daily withdraw them by procurement of certain Advisers Maintainers and Abettors in the Country who received Money of them by colour of Exemplifications purchased in the King's Court out of Domesday Book of the Mannors and Towns where they dwelt by vertue whereof and the ill Interpretations of them they said they were quit and discharged of all manner of servage as well of their Bodies as Tenures and would not suffer any Distress to be taken or Justice done upon them threatning their Lords Servants to Kill or Maim them and gathered themselves together in great Routs and agreed by Confederacy to aid one another by force to resist their Lords Therefore to prevent the Mischiefs which might insue 9 Ibm. and to avoid the like Danger that lately happened in France by such Rebellion and Confederacy of the Villanes against their Lords they prayed due Remedy The Answer was 1 Ib. Ro. The Answer to the Complaint of the Commons That as to the Exemplifications Grants and what had been done in Chancery it was declared in Parlement that they could not nor ought not to be of any value or hold place as to the freedom of their Bodies nor change the condition of their Tenure and Customs anciently due nor do prejudice to their Lords concerning them who if they would might have Letters Patents of this Declaration under the Broad Seal and also the Lords that found themselves grieved might have special Commissions to Justices of Peace and others to enquire of all such Rebels and their Offences and their Counsellers Advisers and Abettors and to imprison all those that shall be brought before them without Bail Mainprise or otherwise until they were prosecuted and acquit c. See Statutes at large 1 Rich. II. which agrees with the Parlement-Roll in many things though not in all The Commons pray further 2 Ibm. n. 95. That a Parlement may be holden The Commons Petition for a Parlement in a convenient Place once a Year to redress Delays in Suits and to end such Cases wherein the Judges were of different Opinions They had this Answer 3 Ibm. Ro. The Answer to that Petition The Statutes therefore made shall be observed and kept and as to the Place where the Parlement shall be holden the King will do his Pleasure The Citizens of London demanded 4 Ibm. n. 131. The Citizens of London demand they may have their own Interpretation of their Charters That upon the King 's special Grace for the Enlargement of the Franchise of their City that if any Article in the Charters granted by him or his Progenitors to the said Citizens should prove difficult or doubtful and might be taken in divers Senses then that the Sense they claimed to have it in might be allowed This was the 5 Ibm. Ro. The Interpretation of Charters belongs to the King c. Rencounters between the English and French c. Answer That the Interpretation of the King's Charters belonged to him and if any Doubt arose the King by Advice of his Council would make such Interpretation as should be according to Reason and Good Faith bone Foy. Several 6 Walf A. D. 1377 1378. 1 2 Râ—â— II. Rencounters Burning and Plundering each others Towns on the Coasts and some in the Countries taking and surprizing of some small Towns and Castles happened between the English and French at this time The Town of 7 Ibm. The Town of Ard betrayed Ard was betrayed to the French Sir Thomas de Hilton Governour of Aquitan marched with a few English against a Body of French was overcome by them and taken Prisoner with many Noblemen of that Country of the English Party About the same time the English having notice that there were many Spanish Ships in the Harbour of Sluse in Flanders set out a great Fleet to surprize them under the Command of Thomas of Woodstock Earl of Buckingham the Duke of Britan who was then in England and others which by Storm was scattered at Sea but after the Storm came together again upon 8 Spanish Ships taken and 22 of other Nations the Coast of England where they suddenly refitted and put to Sea again and took Eight Spanish Ships near Brest and Twenty two others of several Nations laden with French Goods Hugh Caverly Governour of Calais burnt Twenty six French 26 French Ships burnt Ships in the Haven of Bologne burnt the Low Town and returned with much Plunder of Goods and Cattel The Men of Rye and Winchelsy sailed toward Normandy landed The Men of Rye and Winchelsy land in Normandy kill and burn c. in a small Town and Port where they killed all they met in the Streets except such as they thought able to redeem themselves by Money those they carried Prisoners to their Ships and then burning the Town and Country returned home with a rich
Prey About this time the Duke of Lancaster desired to have the Money The Duke of Lancaster equips a great Fleet. granted the last Parlement upon promise to secure the Kingdom from Invasion of all Enemies for one Year and to do some other great Good to the Nation which at length he obtained and provided a great Fleet and also for his Assistance hired Nine Ships at Bayon which in coming hither encountred a Fleet of Spaniards and took Fourteen Ships laden with Wine and other Merchandise Henry the Bastard that called himself King of Spain hearing Henry the Bastard King of Spain prepares a great Fleet to opposehim what those of Bayon had done and that the Duke of Lancaster was putting to Sea with a great Fleet and Force fearing him by reason of his Title to his Kingdom prepared a great Navy to oppose him and if he could to take him Prisoner The Duke The Duke delayed his putting to Sea The English Fleet beatenâ— by the Spaniards delayed the time of his putting to Sea the Chief Officers of the Fleet were disturbed at it and sailed without him and having been some days at Sea met the Spanish Fleet by which they were beaten and Sir Hugh Courtney a Famous Soldier taken with many others This Misfortune says Walsingham was imputed to the Duke for that he made such long Delays but whether he was in Fault knew not And while he was thus Dilatory John Mercer a Scot with a Ships taken out of Scarburgh Haven by John Mercer a Scot. J. Philpot sets out Men of War at his own Charge Takes Mercer with all his own and 15 Spanish Ships that had joined him Was questioned for it but discharged small Force of French Scots and Spaniards took some Ships in Scarburgh Haven killing some of the Mariners and carried them with him to Sea John Philpot a rich Citizen of London considering the Negligence if not the Falsity of those who were to defend the Nation and provide against such Inconveniencies at his own Charge set out some Men of War which met with Mercer and 15 Spanish Ships that had joined him and behaving themselves bravely took him and all the Ships with him recovering the Ships that were taken at Scarburgh and taking great Riches in the Spanish and other Ships John Philpot was taxed by the Lords for presuming to set forth Men of War without Advice of the King's Council but he made such a Defence before the Earl of Stafford and others that called him to account as he was suffered to depart without further Trouble for that matter Still the Duke delayed his going to Sea it not being known for what Reason until the Spring and beginning of Summer were over but by his Persuasion the Earls of Salisbury and Arundel set sail and landed in Normandy who compounded with the King of Navarre then become Enemy to the King of France for the Town and Port of Cherburgh then very considerable in The King of Navarre sells Cherburgh in Normandy to the English The Duke of Lancaster puts to Sea Lands in Britany Returns ingloriously which was placed a Garrison of English and so the Earls returned At length the Duke of Lancaster went to Sea and with him the Earls of Buckingham Stafford Warwick and others of the English Nobility with a great Force they landed in Britany where Sir Robert Knolls burnt several Towns and lost many of his stoutest Men. The Duke besieged St. Malo but it was so well defended as he raised the Siege and returned home Walsingham says at first the Townsmen would have yielded so as the Town might have been preserved from being burnt and plundered The Duke would not accept it but upon Discretion and that he might do with it what he pleased In the mean time the French landed in Cornwal and burnt Fowey or Foy and The French land in Cornwal Burn Foy and other Towns A Truce between the English Scots who had burnt Roxburgh c. and several other Towns without Resistance The Scots taking the Advantage of the present time burnt Roxburgh and spoiled the Country thereabout whereupon a Truce was made between the English and them for some time On 8 Rot. Parl. 2 Ric. II. n. 1 2. Part 1. A Parlement at Glocester The Scots make Alliance with the French Thursday the 21st of October it having met the Day before the Parlement sate at Gloucester in the Great Hall of the Abby there The Bishop of St. Davids then Lord Chancellor declared the cause of Summons wherein he took notice of what had been done by the Scots at Roxburgh and that since 9 Ibm. n. 7. notwithstanding the Truce they had made Alliance with the French against England Next Day Monsieur Richard le Scrop Steward of the Houshold enlarged upon the Causes of Calling the Parlement and making excuse for his own Inability 1 Ibm. n. 15. Declaration of Summons told the Prelates Lords and Commons as the Chancellor had said before That the Nation was encompassed with Enemies who daily encreased That the Ports of Cherburgh and Brest which of a long time had not been in the hands of the English besides Calais Burdeaux and Bayon with the Countries about them were very chargeable to maintain Calais with its Marches or Limits about it stood the King in 24000 l. every Year and Brest 12000 Marcs and the other three Places according to the same Rate Afterwards 2 Ibm. n. 16 The Speaker's Request and Protestation in behalf of himself and Commons Sir James Pickering Speaker of the House of Commons with the Commons came before the King Prelates and Lords in Parlement puis le Comunes reviendrent devant le Roy les Prelates en Parlement illoeques Monsieur James de Pickering c. making Protestation as well for himself as for the whole Commons of England First for the Commons That if he should utter any thing to the Prejudice Damage Slander or Disgrace of the King or his Crown or in lessening the Honour or Estate of the Great Lords it might not be taken notice of by the King and that the Lords would hold it for nothing as if nothing had been said primerment pur la dite Comune que si per cas il y dist choses que purreit soner en Prejudice Damage Esclandre ou Villaine de nostre Seigneur le Roy ou de sa Corone ou en anientisement del Honour Estate des Grants Seigneurs du Roialm que ce ne feust acceptez par le Roy les Seigneurs eins teâ—â—â— pur nul come Riens nent este dit for that the Commons soveraignly desired soveraignment desirent to maintain the Honour and Estate of the King and the Rights of the Crown in all Points As also to preserve the Reverence due to the Lords in all Parts So much for the Commons For his own Person he made Protestation That if by Indiscretion he
was That if any Fault was found in any part of the Kingdom or Government in the Laws or any other manner that they would bring in their Petitions concerning it and they should have due Remedy The Commons desire to have the time limited to bring in They desire the Parlement may be continued to Nov. 2. It began Octob. 20. their Common Bills or Petitions and that it might be prolonged to the Feast of All Souls or 2d of November next coming that Day to be accounted in ce lour estoit ottroiez which was granted Also the 8 Ibm n. 22 They pray â—â— have a Copy of the Enrolment of the last Subsidy of 15ths and 10ths Granted it the King's Pleasure not their Request Commons prayed the King to have a Copy of the Enrolment of the last Subsidy of Fifteenths and Tenths as they had been enrolled upon the Roll of Parlement for them to advise upon ce lour estoit ottroiez come de la voluntee nostre Seigneur le Roy ne mye a lour Requeste And this was granted as the King's Pleasure and not upon their Request They pray 9 Ib. n. 23. How and in what manner a Committee of Lords and Commons were chosen to Treat and Confer And the Reports to be made likewise That Five or Six Prelates and Lords might come to the Commons to Treat with them about their Charge The Lords Answer they neither ought or would do it in that manner which had never been seen but in the Three last Parlements but the Custom was for the Lords to choose a small number of Six or Ten and the Commons as many of themselves and Treat together without noise and report what they had done to their Companions of one part and the other according to this Method the Lords would act and no otherwise and to this the Commons assented to proceed as had anciently been used After 1 Ib. n. 24. The Commons upon Perusal of the Inrolment pleased with the Accounts Say they were not bound to bear any Forreign Charge the Commons had seen and Examined the Inrolment Receits and Expences they were well pleased with them as honourable to the King and Kingdom They only said That 46000 l. which was expended in keeping several Countreys Places and Forteresses as the Marches of Calais Brest and Cherburgh Gascoigny and Ireland was not to be charged upon them nor as it seemed to them were they bound to bear any Forreign Charge To which 2 Ib. n. 25. The Answer to that it was answered That Gascoigny and the Forts beyond Sea were Barbicans and as it were Outworks and Defences to England and if they were well Guarded and the Sea well kept the Kingdom would be quiet otherwise it could not be so The Commons 3 Ibm. A further Proposition of the Commons to avoid an Ayd The Answer to that then propounded this Charge to be born by the Goods of King Edward the Third which the King possessed and was much inriched by them Whereto it was answered That those Goods were justly prised and delivered to those his Grandfather was indebted except some Necessaries reserved for his own House for which he had paid in part and was to pay in whole for the satisfaction of his Creditors and therefore the King commanded and the Prelates and Lords The King Commands and the Lords pray them to give an effectual Answer to their Charge prayed them as they had done before purce nostre Seigneur le Roy vous commande les Prelates Seniors vous priont come devant c. to advise about their Charges and give good and effectual Answers with as much haste as might be for the common Profit of the Kingdom and the Ease of the Lords and themselves At length notwithstanding these Excuses the 4 Ib. n. 29. Prelates Lords and Commons perceiving the great Perils wherewith the The Prelates Lords and Commons grant a Subsidy of Wooll Leather c. Land was encompassed and the great and outrageous Expences the King was to be at for the Safety and Defence thereof granted to him the Subsidy of Wooll Leather and Woollfells for Three years Of Wooll 43 s. 4 d. the Sack Of Woollfells as much that is for every 240 of them accounting Sixscore to the Hundred and for Leather 4 l. 6 s. 8 d. every Last which were Exported by Denizens and Strangers besides the ancient Custom And as an additional Grant they gave more 13 s. 4 d. for every Sack of Wooll as much for every 240 Woollfells and for every Last of Leather 26 s. 8 d. And 6 d. in the Pound upon Merchandise Also they 5 Ib. n. 30. gave 6 d. in the Pound for every Pound value of Merchandize as well of Denizens as Strangers both Imported and Exported for One year The Scots 6 Walsingh f. 219. n. 10 20 30 40. A. D. 13â—8 on Thursday before St. Andrew or the 30th of November in the night surprised Berwick Castle and killed Sir Robert Boynton the Governor but suffered his Wife and Children and their Friends to depart upon Condition to pay 2000 Marks Berwick surprised by the Scots within 3 weeks or deliver themselves Prisoners but the Earl of Northumberland gathered a sufficient Force and in Nine days retook it by Assault putting to the Sword all the Scots he found Retaken by Assault in it except one that was to discover this Contrivance and the Scots Designs The King of France 7 Walsingh f. 219. n. 50. The Britans forced to Swear to deliver their Forts and Castles to the King of France upon demand about this time assembled a Parlement at Paris when upon pain of Death he forced the Noblemen of Britany that were there to Swear to yield to him the fortified Towns and Castles they held whenever he would demand them At their return home they Manned and Victualled their Castles and Places of Strength To reduce them he sent Bertrand de Clequiâ— with a good Army which the Britans forced to retire out of their Country Sir Robert Rous 8 Ib. f. 220. lin 13. Governors of Towns changed was recalled from the Government of Cherburgh in Normandy and Sir John Harleston put in his place and in the stead of Sir Hugh Calverley the Earl of Salisbury was made Governor of Calais who not long after his coming entered into France beyond the Marches plundered the Country and brought with him a great Prey Sir Hugh Calverley 9 Ib. n. 20 30 40. and Sir Thomas Percy were joined in Commission to keep the Sea who with a great Force of Armed Men sailed to the Coast of Britany where they took Seven Ships of Burthen and One Man of War and sent them into Bristol and afterwards set on Shoar a Party of Men to plunder the Country ad depraedandune patriam couvicinam who were all taken by Geffry Cormel a British Knight that lay there in
Ambush who commanded his Men not to hurt any of them and by a safe Conduct from Sir Hugh Caverley delivered them all to The Britans offer to yield their Towns and Castles to the English him without Ransom and informed him That if he would land it would much please the Lords and Inhabitants of the Country who were ready to deliver unto him their strong Towns and Castles if he would remain there for the Guard of the Country who Excused himself and said he had other Matters to prosecute and could not then satisfie their Desires The Duke of Britan by his own Subjects with the assistance A League Offensive and Defensive between King Richard and the Duke of Britan. of the King of France had been forced out of his own Country in the time of Edward the Third and was now in England and made a very strict League Offensive and Defensive with King Richard between them and their Subjects and no Peace to be made with France but by mutual Consent The Original being in the Old Chapter-house at Westminster Dated March 1. in the Year of Grace 1379 at Westminster Before this 7 Rot Clause 2 Ric. II. M. 13 Dors A Parlement called on the 16th of February Writs were issued for a Parlement to meet 15 days after Easter in which the Lords and Commons considering the great Necessities of the Kingdom the Malice of it's Enemies of France and otherwhere upon Condition the Mark upon every Sack of Wooll and the 6 d. in the Pound which was given in the last Parlement at Gloucester should be remitted did then grant 8 Rot. Part. 2 Rich. II. n. 13. The Subsidy of Wooll c. granted And a Sum of Money upon particular Persons the Subsidy of Wooll for one year after the Feast of St. Michael next coming of every Sack of Wooll as it had been granted before the Parlement at Gloucester and likewise a Sum to be paid by divers Persons of the Kingdom as there ordered and named For which see the Appendix Numb 102. Not long after this Parlement the 9 Walsingh f. 225. n. 50. The Duke of Britan called home A. D. 1379. and 3d of Ed. III. A great Mortality in the North. Britans called home their Duke who was convoyed by Sir Thomas Percy and Sir Hugh Calverley and landed at a Port near St. Malo on the 4th day of August where and in all Places he was received with a mighty Welcome and strange Rejoicings as well of the Lords and Great Men as Common People This Summer there happened 1 Ib. f. 228. n. 10 20 30. The Scots harrass and plunder the Country a great Mortality of People in the North parts of the Kingdom whereby the Country became almost desolate The Scots took this advantage invaded the Borders harrassed robbed and plundered the same killing many of the People that were left alive driving away vast numbers of Cattel scarce leaving any thing behind them not so much as Hogs which they never drove away before About the 2 Ib. f. 231. n. 50. f. 232. n. 10 20 c. A Fleet and Army to assist the Duke of Britan. Feast of St. Nicholas or 6th of December this Third year of the King a Fleet with an Army to assist the Duke of Britan against the King of France who had invaded his Country and taken several of his Towns and Castles was to have passed into that Dukedom under the Conduct of Sir John Arundel Sir Hugh Calverley Sir Thomas Percy Sir William Elinham Sir Thomas Morews Sir Thomas Banestor and many other Knights and Esquires great Soldiers so soon as they were out at Sea there arose an horrible Tempest which scattered the Fleet and The Fleet destroyed by Tempest drove them they knew not whether Sir John Arundel's Ship was lost and himself drowned as likewise Twenty five more and above 1000 Men Sir Thomas Percy Sir Hugh Caverley and Sir William Elinham with others of Note hardly escaped At the same time says 3 F. 335. n. 40. The French and Spanish Fleet destroyed by the same Tempest Walsingham the Spaniards and French had brought together a mighty Fleet out of France Spain Portugal and other Countreys subject to them to hinder the landing of the English in Britany but met with the same Storm and Tempest and lost more Men and Ships then the English did On the 20th of October last past the King had sent forth 4 Rot. Clause 3 Ric. II. M. 32. Dors A Parlement called Writs for a Parlement to meet on Monday next after St. Hillary or the 14th of January wherein the Commons by their Speakers 5 Rot. Parl. 3 Ric. II. n. 12. A. D. 1380. The Commons pray the Continual Council may be discharged The Five great Officers not to be changed until next Parlement pray That the Prelates and other Lords of the Continual Council may be discharged and no such to be retained seeing the King was of good Discretion and Stature de bone Discretion Bel Stature in respect of his Age which agreed with the Age of his Grandfather at the time of his Coronation who then had no other Counsellors but the Five Principal Officers of his Realm Praying further Those Five Officers that is to say the Chancellor Treasurer Guardian of the Privy Seal Chief Chamberlain and Steward of the Houshold not to be renewed or changed until the next Parlement They likewise 6 Ibm. n. 13 14. A Commission of Inquiry into Courts the State of the King's House Receits and Expences c. Pray a Commission to certain Commissioners to Survey and Examin in all Courts and Places the State of the King's Houshold the Expences and Receits in all the Offices c. This was granted and a Commission made to the Earls of Arundel Warwick and Stafford William Latimer Guy Bryan and John Montacute Banerets John Hastings John Gildesborough and Edward Dalyngrugge Knights William Walworth and John Philpot Citizens of London and Thomas Graa Citizen of York c. Then the 7 Ib. n. 16. The Lords and Commons grant a Fifteenth and half and Tenth and half For an Expedition into Britany Lords and Commons perceiving the King and Kingdom were set round with Enemies who with great Force endeavoured all they could as well by Land as Sea to destroy them both and further to extinguish the English Language therefore for the Defence and Safety of the Kingdom and for the good Success of the Expedition ordered into Britany and Destruction of the said Enemies grant freely tho it was very hard to be born to the King One Fifteenth and half without Cities and Burghs and One Tenth and half within Cities and Burghs with Prayer That his Subsidy and what was remaining of that given the last Parlement might only be applied to the Expedition into Britany and no where else Considering also 8 Ib. n. 17. The Subsidy of Wooll and granted a further time
Meeting 3 Ib. n. 3 4. The Cause of Summons saying it could not be unknown to them That the Earl of Buckingham had been sent over into France with an Army which had cost the King more then was given him last Parlement besides the Expedition into Scotland the Defence of The King's Necessities and great Charge Forced to Pawn his Jewels Guien and his Charge in Ireland had put him to so great Expences as he had been forced to pawn his Jewels the Subsidy of Wooll's coming to little by reason of the present Riot or Confusion in Flanders That the Soldiers in the Marches of Calais Brest and Cherburgh were in Arrear more then Three months and there was fear they might desert for want of their Pay That they were to Consider the King was mightily in Debt That he was bound by Covenant and Indenture to pay the Earl of Buckingham and others in that Expedition for another half year which was near ended and that the King was to be at a very great Charge for Guarding the Coasts And at last desires them to Advise the King how this Charge might be born with the most Ease and the Kingdom best defended against all its Enemies by Land and by Sea in as short time as they could And when the 4 Ib. n. 10. The Commons with with their Speaker in presence of the King Prelates and Lords Desire to know what Sum was demanded to supply the King's Necessity Commons had Treated one day about their Charge Et Apres les dites Comunes avoient entre comuner tretes un jour de lour dit charge they returned into the Parlement in presence of the King Prelates and Lords and there Monsieur John Gildesburgh Kt. their Speaker demanded a more clear Declaration of what had been said to them and especially what Sum they would demand to support the Charge praying no more might be required then was necessary illoeges Monsieur Johan Gildesburgh Chivaler quavoit les paroles pur la Comune demandast de par la Comune illoeque davoir pluis clere Declaration de leur dite per especial de la some totale quelle leur verroit ore demander pur les ditz charges supporter empriantz que celle somme fuist tielment modefiez que pluis ny fust demandez que ne convendroit necessairement for that the Commons were poor and of small Estate to bear the Charge any longer 5 Ib. n. 11. The Sum demanded was 160000 l. whereupon a Schedule was delivered in by the King 's great Officers and Council containing the Sums necessary which amounted to One hundred and sixty thousand Pounds Sterling The Commons pray 6 Ib. n. 12. The Commons think it an Outrageous and importable Sum. And pray the Prelates and Lords would Treat and Propound the Ways how a portable Sum might be levied the King and Lords la Comune empriantz a nostre Seigneur le Roy as Seigneurs du Parlement for that they thought the Sum demanded was much outrageous que la somme de eulx ore demandez si est moelt outrageous and importable That they would use such moderation as nothing might be demanded but what was portable and necessary now to have for the Causes above set forth And further they pray That the Prelates and Lords would Treat by themselves about the Matter and propound the Ways by which any such Sum portable might be levied and collected After the 7 Ib. n. â—3 The Lords cause the Commons to come before them Lords had advised about the Matter they caused the Commons to come before them ils firent la Comune venir autre foitz devant eulx and told them what they had thought on First That a certain Sum of Groats might be granted of every Person of the Kingdom Males and Females the more sufficient to help the less sufficient Secondly if that pleased And propound several Ways of raising Money to them not to have for a term an Imposition upon all manner of Merchandises bought and sold thro the Realm every time they should be sold to be paid by the Vendor And Thirdly Their Advice was to raise a certain Sum by Tenths and Fifteenths But because the last were very grievous to the poor Commons a la poure Comune and that Impositions had never been tried before nor could it be known to what Sum they would rise nor in what time a notable Sum might be raised and therefore the Lords pitched upon the Groats and propounded four or five to be levied upon every Person as above so as the most able might be constrained to assist the less able This way of Tallage seeming to them the best and most easie The 8 Ib. n. 14. The Commons desire One Third of the Tax might be born by the Clergy Commons when they had a long time Treated upon the manner of the Levy they came into Parlement and made Protestation they came not to grant any thing that day but they thought if the Clergie would support a Third part of the Charge they would grant 100000 l. to be raised by a certain number of Groats so as the Laity might pay 100000 Marks and the Clergie 50000 for that they possessed a Third part of the Kingdom and prayed the King and Temporal Lords to move it to them speedily to resolve and take upon them the Charge To which the Clergie 9 Ibm. The Clergy claim the Liberty of the Church and affirm their Grants ought not to be made in Parlement Replied That their Grants were never made in Parlement nor ought to be and that the Laymen neither ought or could constrain them in that Case and claim the Liberty of the Church which it had enjoyed before that time and desire the Commons might be charged to do what they ought and were bound to do come ils deivent sont Tenuz del faire and they would do in the present necessity as they had done before At last the 1 Ib. n. 15. Three Groats granted upon every Person Lords and Commons agreed to give Three Groats of every Person of the Kingdom Males and Females of the Age of Fifteen years of what Condition and Estate soever they were except very Beggars The Sufficient People in every Town to contribute to the assistance of the less able so as none paid above Sixty Groats including those for himself and Wife The whole to be for the Support of the Earl of Buckingham and the other Lords and People with him in Britan and for Defence of the Kingdom and Safeguard of the Sea Two parts to be paid Fifteen days after St. Hillary and the other at Whitsunday next after No Knights Citizens or Burgesses of this Parlement to be Collectors of this Money but that the King would order thro the Kingdom such as should equally levy it according to the meaning of this Grant Toward the latter end of this Fourth year of Richard the
side they intended to have burnt the City of London and to have divided all the Rich Goods found there amongst themselves This he affirmed to have been their Design as he desired God would help him at his going out of the World W. Walworth and other chief Citizens of London Knighted and then had his Head struck off For their Good Service in destroying Wat Tiler preserving the City and giving him Assistance the King Knighted 1 Stow's Annals p. 463. William Walworth Major John Philpot Nicholas Brembre and Robert Laund Aldermen and gave to Sir William Walworth 100 l. per Annum Land and to the other 40 l. per Annum to them and their Heirs for ever And not long after Knighted Nicholas Twiford and Adam Francis Two other Aldermen In the 2 Wals f. 278. n. 50. 279. lin 4. time of these Insurrections and Rebellions the Duke of Lancaster was in Scotland where he concluded a Truce for Two Years before they heard of the Tumults and Riots in England 3 Ibm. n. 30 40. A two Years Truce with the Scots A Quarrel between the D. of Lancaster Earl of Northumberland In his return he was denied Entrance into Berwic by the Earl of Northumberland which mightily incensed him against the Earl On the 16th of July 4 Rot. Claus 5 Rot. II. M. 40 Dors A Parlement called Writs were sent forth for a Parlement to meet at Westminster on Monday after the Exaltation of Holy Cross or 14th of September which was afterwards Prorogued to the 5 Ib. M. 39 Dors morrow of All-Souls which was Monday when it was 6 Rot. Parl. 5 Ric. II. n. 1. Adjourned to the next Day many Lords and Prelates being absent and so unto Wednesday when by reason of the Quarrel between the Duke of Lancaster and Earl of Northumberland who came to the Parlement with great Force of Armed Men and Archers the King They came to the Parlement with great Force of armed Men. caused the Parlement to be Adjourned unto Saturday in which 7 Wals f. 280. n. 40 50. The K. ends the Quarrel time the King composed the Differences between them and ended the Quarrel The Cause of Summons was 8 Rot. Parl. 5 Ric. II. n. 8. The cause of Summons declared to be That they might consider how to procure the Quiet and Peace of the Nation and settle it after the late Tumults and Insurrections to confirm or repeal the Revocation the King had made of the Grants of Liberty and Manumission by Force and Coertion obtained by the Natives Bond-Tenants and Villains That the King was much indebted and in great Necessity for Money to maintain his Court and the Wars The whole Parlement Lords and Commons 9 Ibm. n. 13. The Liberties and Manumissions of the Villains c. repealed by Authority of Parlement declared the Grants of Liberties and Manumission to Natives Villains and Bond-Tenants to be by Coertion in Disheritance of them and Destruction of the Realm and therefore to be null and repealed by Authority of Parlement The Commons 1 Ibm. The Commons desire certain Prelates and Lds. to treat with them The King prayed the King to have certain Prelates and Lords to comune with them about their Charge for that the Matters very highly concerned the State of the Realm and it was much to the Purpose to have their Advice The Answer 2 Ibm. n. 14. grants their Request was They should give in the Names to the King in Writing of such as they desired that he might advise about it Which was done and the King granted their Desire le Roy lour Grantast al Effect qils furent Demandez And the Commons further * Ibm. n. 16. The Commons pray the King the Prelates by themselves the Great Lds. by themselves and the Kâ—s by themselves and the Justices by themselves might treat about their Charge and their Advice reported to theâ— This was contrary to the Practice and Custom of Parlement which the K. would have observed prayed the King That the Prelates by themselves the Great Lords Temporal by themselves the Knights by themselves the Justices by themselves and all other Estates singly might be charged to treat and comune about their Charge and that their Advice might be reported to the Commons To which it was answered Tha the King had charged the Lords and other Sages to comune and treat diligently upon the said Matters But the ancient Custom and Form of Parlement had always been That the Commons should first report their Advice upon the Matters given them to the King and Lords of Parlement and not on the contrary and therefore the King would that the ancient and good Customs and Form of Parlement should be kept and observed After the Commons had conferred 3 Ibm n. 17. The Commons complain of the ill Government of toâ— Kingdom with the Lords they returned into the Parlement and made great Complaint of the ill Government of the Realm which if not amended the Kingdom would be in short time ruined They complained of the Government about the King's Person his Court the over-great Number of his Servants of the Chancery Kings-Bench Common-Pleas Exchequer of grievous Oppressions in the Country par la Outrageouse Multitude de Braceurs des Quereles Mainteinours qi sout come Roys en Pais que Droit ne Loy est a poy fait c. by the great Multitude of Bracers of Quarrels and Maintainers who behaved themselves like Kings in the Country so as there was very little of Law or Right and of other things which they said were the cause of the late Commotion Rumor and Mischiefs of the Land and requested they might be amended The King 4 Ibm n. 18. Certain Lords and others assigned to survey and examin the Government of the King's Person and Kingdom These Lords and others were assigned and chosen by the King See n. 27. by Advice of the Lords and his Council granted that certain Prelates Lords and others should survey and examin the Government of his Person and Court and to think of sufficient Remedies The Persons chosen to make this Enquiry were The Duke of Lancaster the Elect of Canterbury the Arch-Bishop of York the Bishops of Winchester Ely Excester and Rochester the Earls of Arundel Warwic Stafford Suffolk and Salisbury the Lords Zouch Nevil Grey of Ruthin and Fitz-Walter Monsieur Richard le Scrop Monsieur Guy de Bryan and others autres 5 Ibm. The King's Confessor not to come to Court The King's Confessor was charged to abstain from coming to and remaining at Court by the Request of the Commons and Assent of the Lords The Commons 6 Ibm n. 19 20 21 22 23. The Commons Petition the Duke of Lancaster and others assigned to appoint Officers c. Petition the Duke of Lancaster and others assigned by the King to that purpose to place the most valued Officers about the
broke down the Scholars Chambers and took and carried away Goods and Chattels to a great value a grant value Also That they compelled the Masters and Scholars under Pain of Death and Destruction of their Habitations to renounce all manner of Franchises and Privileges granted to them by any King whatsoever and submit to the Government of the Town for ever Also By threatning Death they caused the Masters and Scholars to enter into Bonds to pay them great Sums of Money and forced them to give a General Acquittance and Release of all Actions Real and Personal Also That by threatning Death they compelled the Masters and Scholars to deliver to them their Charters and Privileges which they burnt in the Market-Place contrary to the King's Proclamation and Prohibition The King issued his * Ib. n. 46 47. Writs To John Masterman the present Mayor who was then one of the * Ib. n. 48. Burgesses for the Town in this Parlement and Bayliffs and to Edward Lystere the late Mayor and Bayliffs when the Riot and Tumult was to appear in Parlement to acquit themselves if they could before him and his Council reciting in his Writs most what they had done in prejudice of the Chancellor Masters and Scholars of the Vniversity They appeared and were ordered to deliver up the Renunciation Bond and Release above-mentioned under the Vniversity Seals which were cancelled in Parlement and are entred upon the Roll. The Bill against them being then read in their presence in Parlement they were asked what they had to say why their Franchises and Privileges should not be taken into the King's Hands as forfeit at that time they were not charged with any Crime but as they were told were only to answer concerning their Franchise which they did by * Ib. n. 57. Counsel and denied the Matter of Fact and further said if any such things were done they were done by the Traitors and Malefactors of the Counties of Essex Hertfordshire and Kent which came to their Town in great numbers but it appearing they were always present at these Wicked Practices and that the Renunciation Bond and Releases of the Vniversity were in their keeping and that upon the King's Precept they would not deliver them it was thought evidence enough that they were guilty of the whole when they submitted themselves wholly to the King's Grace to do what he pleased with their Franchise some part whereof by advice and assent of the Some of their Franchises granted to the University Prelates and Lords the King gave to the Vniversity and the Residue he re-granted to the Town On the 13th of December because 4 Ib. n. 64. The Parlement adjourned Christmass was near and the time of the Queen's coming into England was also near and for that her Marriage and Coronution were to be solemnized le Parlement soit ajourne par nostre seigneur le Roy de lassent des Prelates c. the King adjourned the Parlement by the assent of the Prelates Lords and Commons unto the Friday next before the Conversion of St. Paul and did Will and Command That the All things by the King's Command to remain as they were until it met again Pleas Causes and other Matters moved in that Parlement and were undetermined and all other things with their dependences should remain as they were in the same condition until the Friday abovesaid At the meeting again 5 Ib. n. 66. The Duke of Lancaster's Proposals of going into Spain c. of the Parlement there was a great Dispute about a Voyage Monsieur Despainge the Duke of Lancaster offered to make into Portugal if the Kingdom would provide him 60000 l. to pay the Wages of 2000 Men at Arms and 2000 Archers for half a year The Pretences or Reasons for this Voyage were for the saving of such English as were then there that he might recover his Right he had there for the safe-guard of the Sea and the Realm of England si Dieux plest and if God pleased for the greater destruction of its Enemies Offering also to repay this Sum in Three years either in Money or acceptable Service Upon this Offer and Voyage the Lords had a long Debate some approved He obtained not what he desired his Reasons others not so as he obtained not what he desired Yet the 6 Ib. n. 67. Lords and Commons on the 25th of February considering the Necessities of the King and the multitude of his The King's Enemies many by Sea and Land Enemies by Sea and Land with the great Expences he must be at for the defence of the Kingdom and resistance of such Enemies granted on their Free-will to the King the Subsidy of Wooll Woollfells and Leather as he received it upon the last The Subsidy of Wooll c. granted for Four years Grant from that day until the Feast of St. John Baptist next coming and from thence for Four years Whether such Defence or Resistance should be by the Voyage of Monsieur de Lancaster into Spain or any other manner whatever with this express Protestation of the Commons That it was not their intention to be obliged by any Words to Quarrel Conquer or have War with The Commons protest against Quarrelling c. with Spain Spain particularly any way whatsoever but only for the Defence of the Kingdom and Resistance of its Enemies by the advice of the Lords as it should seem best to them to ordain par lavis des seigneurs del dit Roialme come meultz lour semblera a ordeiner Between the summons and meeting of the next Parlement * Walsingham f. 290. n. 20 30 c. The Great Seal taken from Richard le Scrop the Great Seal was taken from Richard le Scrop who had received it by approbation of Parlement because he would not pass some large Gifts of Estates which had escheated to the Crown to some Ambitious Knights and Esquires inferior Servants to the King and given to Robert Braybroke * Cl. 6 Ric. II. M. 24. Dors Which disquieted the Great Men. Bishop of London on the Vigil of St. Matthew the Apostle or 20th of September by which action the King much disquieted the Great Men and Community of the Kingdom In the Sixth of the King a 7 Rot. Parl. 6 Ric. II. n. 1 2. A Parlement The Cause of Summons the Defence of the Land and to provide Means to make it Parlement was summoned to meet on Monday Eight days after Michaelmas and was adjourned until Wednesday by the King's Command when the King and Lords met in the Painted Chamber before whom the Names of the Knights Citizens and Burgesses were called over The Bishop of London then Lord Chancellor amongst others declared the cause of Summons to be for the Defence of the Land against its Enemies and to provide Means to make it The Bishop of Hereford by the King's Order made a 8 N. 9 10. A further Declaration of
the Cause of Summons Two ways propounded to deal with the Enemies of the Kingdom further Declaration of the cause of Summons and propounded Two ways to deal with the Enemies of the Kingdom one by making use of the Flemings who offered their Service and the other to close with the profer of Monsieur Despaign or Duke of Lancaster who offered to go into Spain for half a year with 2000 Men at Arms and as many Archers if he might have 43000 l. to pay them for which he would oblige himself to repay either in Money or Service These Matters being of so high a Nature 9 Ib. n. 14. The Commons desire such Lords as they named to Confer with them about their Charge the Commons make their Request to the Lords to have such as they named to Commune with them about their Charge which Request was granted and the Lords Names entered upon the Roll. The Lords and Commons 1 Ib. n. 15. A Fifteenth and Tenth granted upon Conference granted a Fifteenth and Tenth by reason of the great danger the Nation was in for the Defence of it against the great Preparations of the French to be imployed as the King by Advice of his Council and the Lords of the Realm should think fit After this the 2 Ib. n. 23. The Lords inclinable to the Duke of Lancaster's Proposal Duke of Lancaster's Profer came again into Consideration upon which the Question was put to every particular Prelate Earl Baron and Baneret whether they thought his Voyage into Spain with the number of Soldiers propounded would be profitable to the King and Realm or not They thought it might be so only believing the Force too small to make War with so strong a Kingdom At this time 3 Mezeray A D. 1381 1382. great Riots and Tumults in France and Flanders The King of France subdues a great part of Flanders there were great Riots Tumults and Rebellions in France and Flanders The Flemings had driven their Earl out of his Country he applies himself to the King of France as his Sovereign Lord for Relief They crave Assistance of the King of England The King of France marched into Flanders and subdued a great part of the Country The Earl besieged Gaunt which was the Head of the Rebellion and in danger to be taken To prevent the King of France his further Progress in Flanders his Designs against England and his Preparations to besiege Calais as he had been informed 4 Rot. Clause 6 Ric. II. Part 1. M. 4. Dors King Richard offers to go in Person with an Army into France as it is said in the Writ of Summons to another Parlement this year to be held on Monday in the third week of Lent was the chief cause of calling it And the Bishop of London Lord Chancellor declared further the King had offered to go in Person into France with a Royal Army but since that he received news the French had over-run all Flanders except Gaunt and therefore this Parlement was 5 Rot. Parl. 6 Ric. II. Part 2. n. 2 3. called for Advice whether the King should go in Person to the Relief of Gaunt and Recovery of Flanders and how to provide wherewithall for the Performance After the Commons had advised two or three days sur lour charge upon their Charge it being so great and so highly concerned his Person they 6 Ib. n. 8. The Commons pray some Lords named by them to Treat with them prayed the King to grant certain Prelates Earls and Lords named by them to Treat with them about it viz. The Arch-Bishop of Canterbury the Bishops of Ely and Hereford the Earls of Cambridge Stafford and Northumberland the Lords Nevill Fitz-Walter and Cobham The which Prelates Earls and Lords the King granted to Treat with the Commons 7 Ibm. The King granted their Prayer tho it was in his choice to assign them or name others combien que feust est doit estre en le Election de nostre dit seigneur le Roy d'assigner a ce les ditz Prelates Seigneurs issuit nomez ou autres a sa propre nomination altho it was is and ought to be in the Election of the King to assign the Prelates and Lords for this purpose or others of his own proper Nomination When the Commons had 8 Ib. n. 9. The Commons say the ordering of the King's Voyage belongs not to them Treated long with the Prelates and Lords they by James Pickering their Speaker said The King's Passage and the Ordaining of his Voyage or any other great Voyage belonged not to them but to the King himself and Lords yet 9 Ib. n. 10. But they say neither he nor any of his Three Uncles ought to leave the Kingdom at that time by way of Advice and not by Counsell seeing what Troubles were in every part of the Land and that the Accord and Truce with the Scots were near at an end and they were raising great Force toward the Borders and it being doubtful whether they would now comply with any Proposals of Peace or Truce unless driven to it they thought neither himself nor any of his Three Vncles of Lancaster Cambridge or Buckingham could be spared out of the Kingdom until that and the Borders aforesaid were well quieted and settled But advised him to accept of the Bishop of Norwich his 1 Ib. n. 11. They advise the King to accept the Bishop of Norwich his offer for the Relief of Flanders profer of raising 3000 Men at Arms and 3000 Archers well mounted to Relieve Gaunt Reduce Flanders and afterward to War in France upon condition he might have the Fifteenth and Tenth granted by the Layety and Clergy and the 2 s. per Tun upon Wine and Sixpence in the Pound upon Goods for the Guard of the Sea The 2 Ib. n. 19. They pray the King certain Lords might be assigned to be about his Person to advise him c. Commons pray the King That for his Honour and Profit and the Quiet and Comfort of themselves of his great Grace he would please to Command that certain Lords might be assigned to be about his Person of the most Wise Honest and Discreet Persons of the Kingdom to advise and counsel him and further That he would please by advice of the Lords so to order his Houshold that he might live upon the Revenues of his Realm and that the Subsidy of Wooll Money arising from Wards Marriages and Escheates might be imployed to support the War c. The King 3 Ibm. The King's Answer answered That he would take such sufficient Persons Lords and others about his Person as seemed to him most for his Honour and Profit and as to the Government of his House it should be done by the Advice of the Lords and others of his Council in such good order as should seem best saving his Honour The Bishop of Norwich 4 Ib. n. 20.
The Bishop of Norwich his 2d Offer Accepted by the King and his Council and approved by the Commons having had time to consider of his first Profer makes a second To serve the King one Year with 2500 Men at Arms and 2500 Archers well Arrayed and Mounted for the whole Fifteenth granted by the Laity of which Number 1000 Men at Arms and 1000 Archers should be ready to pass the Sea for the Relief of Gaunt and the Country of Flanders within 20 Days after the first Payment and that he would take upon him to pay the Charge of Shipping and other Charges 5 Ibm. This Profer was accepted by the King and his Council and much approved of by the Commons This Bishop some time before had received 6 Wâ—â—s f. 291. n. 30 40. The Bishop of Norwich had Bullsfrom Pope Urban for a Croysado against the Anti-Pope Clement Bulls from Pope Vrban for a Croysado and to sign all with the Cross that would go with him into France for the Destruction of the Anti-Pope who called himself Clement and to Sanctifie the War against all his Adherents which were the 7 Knighton col 2671. n. 20 30 c. The Ladies give their Jewels Necklaces Rings c. toward this Croysado French Scots Flemings and many other Nations By virtue of these Bulls he collected a great Sum of Money besides Jewels Necklaces Rings Dishes Spoons and other Silver Implements especially of Ladies and other Women And many gave 8 Ibm. to be pardoned and absolved from their Sins beyond their Ability as it was believed to obtain the Benefit of Absolution and Pardon for their Sins For otherwise they were not absolved unless they contributed according to their Ability Many found Men at Arms others Archers and many went in their own Persons The Form of Absolution was this By Apostolic Authority to me committed 9 Append. â— 105. The Form of the Absolution I do Absolve thee A. B. from all thy Sins which thou dost with a contrite Heart confess or would confess if thou didst remember them and give thee a Full Remission of them the Retribution of the Just and do promise the Increase or Addition of eternal Salvation And I Grant to thee the same Privileges that are Granted to such as go to the Defence of the Holy Land and do impart to thee the Benefit of the Prayers and Suffrages of the Holy Catholic Church To publish this Croysado and to absolve according to this Form there were a sufficient number of Preachers sent beyond Sea and all England over besides all the Mendicant Friers to stir up the People to contribute with a Clerc to take the Names and receive Money of the Contributors not omitting Labourers Knighton Col. 2673. Toward the latter end of 1 Wals f. 298. n. 30 40. The Bishop passeth beyond Sea with his Army May the Bishop passed the Sea with his Army staid a few Days at Calais besieged Graveling and took it by Assault Dunkirk yielded without much trouble where some Flemings joining with the French and Britans to the number of 30000 came toward the Town 2 Ibm. f. 301. lin 11. Knight ut supra n. 50 60. His great Success He besieged Ypre against whom the Bishop tho' but with a small Number in respect of theirs marched out of Dunkirk and gave them Battel taking many and killing 3000 Walsingham says 12000. Afterwards he took in Cassal Dixmude Burburgh Fern Newport and Popering Then he besieged the 3 Knight ib. His Army left the Siege and revolted from him Town of Ypre a long time assaulted it often and was always repulsed and beaten off and at length without his Knowledge the Army left the Siege and Revolted from him The Battering Engines were all left behind with one great Gun called Canterbury-Gun 4 Ibm. col 2672. lin 3. cum una magna Gunna vocata Gunna Cantuariensis The Bishop followed his Army and went to Dunkirk with Sir Hugh Caverse and part of it and from thence to Gravelin Sir Thomas Trivet Sir William Elingham and others went to Burburgh with other part of the Army and fortified it 5 Ibm. n. 10 20 30. The King of France takes Burburgh The King of France comes suddenly upon them with a great Army besieged the Town assaults it and was beaten off with loss Yet within few Days they treated and yielded the Town to the King of France upon Condition to march away with Horse and Arms and all their Goods and so they did to Calais After 6 Wals f. 304. n. 50. f. 305. n. 10 20 30. and Gravelin Burburgh was taken the French Army marched before Graveling and summoned the Bishop to yield the Town The French offered him 15000 Marks to quit the Town with liberty to demolish it and to depart and go whither he would and all with him with all their Goods He desired Time to consider of the Terms and appointed a Day to give his Answer and in the meant time sent to England for Relief which not coming at or before that Day he accepted the Terms levelled the Town to the ground and came for England after Michaelmas And thus ended the Croysado or the Pontifical War Before the Return of the Bishop of Norwich Writs Dated the 20th of August had been 7 Claus 7 Ric. II. M. 37. Dors A. D. 1384. A Parlement called The Reasons of calling it given in the Writ of Summons sent forth for a Parlement to meet on Monday before All-Saints In which Writs notice was given That by Advice and Assent of the Council the Parlement was called for their Mediation and Assistance in a Treaty of Peace to be had then between the King his Kingdom Dominions and Subjects on the one part and Robert King of Scotland his Lands Dominions and Subjects on the other part and for other Difficult and Urgent Business which concerned him the State and Defence of the Kingdom and Church of England Sir Michael de laPole then Chancellor 8 Rot. Parl. 2 Ric. II n. 3. The same and other Causes of Summons declared by the Chancellor shewed the Causes of Parlement to be for that the Truce with the Scots was to end at Candlemas next and whereas the Duke of Lancaster had been sent to renew it he was returned and brought back That the Scots would send Commissioners to London to manage the Treaty about it Another Cause was 9 Ib. n. 4 5 to provide against Three Powerful Enemies Spain France and lately Flanders And here he offered several Reasons to prove it was better for us to begin and make War upon them than they upon us or suffer them to invade us Further shewing That these Wars were not to be imputed to the King seeing that with the Crown they descended to him And the last Cause was 1 Ib. n. 6. for the Maintenance of good Laws and Security of the Peace when he put them in mind of
giving Aid to support these great Charges When the Duke of Lancaster 2 Wals f. 309. n. 20 30 40. Commissioners to be sent to the Parlement of Scotland from England and the same from Scotland to English Parlements The Scots kâ—pt not this Agreement was sent to Renew the Truce with Scotland it was agreed That for the Ease of both Nations and to save Charges there should be sent Commissioners of both Nations to every Parlement of either Nation who should represent the Injuries done to each other upon the Borders and receive Satisfaction according to the Judgment of the Lords The Scots sent not to this Parlement but did much Injury upon the Borders and received a Force from France to join with them against the English But hearing there were Preparations making against them toward or just after the end of the Parlement they sent their Commissioners who were rejected and sent home without Treaty The Chancellor 3 Rot. Parl. 7 Ric. II. n. 11. The Chancellor quickens the Lords to dispatch the King's Business c. Laying aside other Debates spake to the Lords a second time and told them The King commanded them to have due Consideration of the necessary Matters that had been declared to them and of the apparent importable Mischief and of the great Necessity he had for Money to prevent them And that they would Treat by themselves diligently upon these things with as much speed as might be laying aside the Debate of any other Matter in the mean time and to report their Advice from time to time to him And said further the King commanded them to treat from Day to Day and dispatch what they came for and not to depart from Parlement without his special Licence under the Peril that might happen And then 4 Ibm. n. 12 13. The Lords and Commons grant 2 half 15ths the Lords and Commons considering the outrageous Charge the King was to be at by reason of the War on every side then open granted two half Fifteenths upon Condition the Clergy would contribute and grant as became them In this Parlement 5 Ibm. n. 18. The Bishop of Norwich accused by the Chancellor His Crime and Punishment the Bishop of Norwich was accused by the Chancellor in several Articles for his Miscarriages in his late Expedition One was That he had promised to serve the King with such a Number of Men for a whole Year and served but half a Year and then returned with his Army ruined c. Of which Article he could not clear himself 6 Ibm. n 23. and therefore was adjudged to make Fine and Ransom at the King's Pleasure and the Temporalities of his Bishoprick to be seized for that Purpose Sir William Ellingham Sir Thomas Trivet Sir Henry de Ferrers 4 Knights accused for selling Fortresses and Sir William de Harnedon were accused in Parlement before the Lords 7 Ibm. n. 24. for receiving Money for the Delivery of several Fortresses the Sums in the whole amounting to 20000 Franks in Gold They all made pitiful Excuses and craved the King's Mercy 8 Ibm. n. 25. The Judgment against them Judgment was pronounced by the Chancellor That they should refund what they had received to the King and remain in Prison until they had made Fine and Ransom to him Before 9 Wals f. 308. n 10. A Truce with the French for half a year Christmas the Duke of Lancaster went into France to Treat of Peace between the Two Kingdoms but brought back with him a Truce only until Midsummer next following when he was to return again upon the same Errand In the beginning of February 1 Ibm. n 20 30. Sedition moved in the City of London A Shoemaker the great Promoter of it How it was stayed John Northampton alias Comberton who had been Major the Year before moved Sedition in the City of London and went up and down the Streets often with great Numbers of People following him and when the present Major Sir Nicholas Brembre prepared to oppose him a Shoemaker one of his Favourers moved the Rabble to stand by him who by the Advice of Sir Robert Knolles was taken out of his House and had his Head cut off Which Act stayed the Insurrection and Commotion of People at that time who as it was then said had conspired to Murther the Major and many other worthy Men of the City This Shoemaker's Name was John Constantyn who was the Cause of great Disturbances Commotions and Insurrections in the City who was not drawn out of his House and presently beheaded by the Advice of Sir Robert Knolles tho' very probably he might be the Person that did seize or ordered him to be seized 2 Pat. 7 Ric. Ii M. 16. p. 2. but was taken on the 11th of February at the Head of the Rabble and carried presently to the Guild-Hall and arraigned as one of the first Movers of Sedition by Witnesses sworn and examined and his own Confession was adjudged to Death and had his Head cut off which Judgment was presently Recorded and was afterward confirmed by the King 3 Claus 7 Ric. II. M. 9. on the 9th of February preceeding John Northampton was sent to Corfe-Castle there to be kept Prisoner until the King by Advice of his Council should otherwise dispose of him In Lent the Duke of Lancaster 4 Wals f. 308. n. 40 50. f. 309. The Duke of Lancaster marched with a great Force into Scotland and his Brother the Earl of Buckingham went with a very great Force towards Scotland of Knights Esquires and Archers but staid so long upon the Borders as all the Victuals were consumed whereby the Inhabitants received more Injury than by the Invasion of the Scots Toward Easter he entred Scotland where by his Delays the Scots had time enough to secure their Goods and Persons and finding nothing but Hunger and Cold returned with a hard Report having lost Returns with a hard Report many Men and Horses After their Departure the Scots invaded the North Parts plundered the Country and burnt Towns as the English had done in Scotland This Year 5 Rot. Claus 7 Ric. II. M. 10. Dors A. D. 1385. A Parlement at Salisbury The Duke of Lancaster accused of Treason by a Frier The Frier murthered before he came to make good his Information there was another Parlement holden at Salisbury on the Friday after St. Mark or 25th of April In this Parlement says Walsingham Fol. 309. n. 20 30 40 50. a Carmelite Frier accused the Duke of Lancaster that he designed to kill the King and usurp the Kingdom The Duke desired he might be secured until he made good the Accusation against him and was so But the Night before the Day on which he was to do it he was most barbarously murthered Tho' he says he was accused in Parlement yet as he relates the Story it was before the Council and must be so
the King but in less Matters except one wherein he was charged That by his fault some of the Tax given last Parlement was diverted to other Uses then for which it was given so as the Sea was not so well Guarded as it ought to have been To this he Answered 4 Ib. n. 7. His Answer to the Articles That while he was Chancellor he neither purchased any Lands of the King nor did he give any to him unless when he made him an Earl yet confessed he had 400 Marks a year of the King by way of Exchange for so much he had by inheritance out of the Customs of Hull whereof some part was assigned to him by one Tydeman de Limbergh and others before he was Chancellor and some part came to him by Descent and his Brother in Law Sir Richard le Scrop shewed the said Earl by his Valiant Acts in sundry Battles and his Worthy Behaviour and Counsel in several Offices at home did justly deserve what he had He Answered to every Article 5 Ib. n. 10. The Commons not satisfied with his Answer he sufficiently proveth the Oath had another intendment then what was then put upon it and further proveth that notwithstanding his Oath he did both lawfully take and buy But the Commons were not satisfied with his Answers and therefore at their Request by the King's Command he was Arrested and committed to the Constable of England and afterward let to Mainprise and had further 6 Ib. n. 13. The Judgment against him Judgment That for Breach of his Oath contained in the first Article all the Lands he had of the King's Gift in that Article should be seised into the King's Hand to have to him and his Heirs for ever together with all the Mean Profits and Issues of the same saving to him the Name and Title of an Earl and 20 l. a year granted out of the Profits of the County of Suffolk 7 Ib. n. 14 15 16. The like Judgment was given in every Case and Article where he was charged with Deceit of the King Sitting this Parlement the King was at 8 Knighton col 2681. n. 30. The King sent for to come to Parlement by the Duke of Gloucester and Bishop of Ely Eltham his presence was desired there and by assent of the whole Parlement Thomas Duke of Gloucester and Thomas Arundell Bishop of Ely were sent to him who saluting him on behalf of the Noblemen and Commons related to him their Thoughts or Requests in Words to the same sense that the Historian writes their Speech in 9 Ibm. Qui salutarent eum ex parte procerum Communium Parlementi sui sub tali sensu verborum ei referentes vota eorum and then begins Their Speech to the King upon this Occasion the Speech which was in such Language as Subjects in any times did not use towards their Kings and Princes so that 't is most probable Knighton was both the Author of the Words and Speech as indeed most Historians are of the Speeches and Orations found in them 1 Ib. n. 40 50 60 c. The Speech reckons up all King Richard's Faults most severely and what Wicked and Evil Counsels he followed and what desperate Courses he intended to pursue in delivering what he had in France to and putting himself under the Protection of that King threatning him several times with an old Statute and a laudable and approved Custom they had which could not be gainsayed to warrant what they said to him and urged him to perform 2 Ib. Col. 2683. I. 1. And at last the Speech-maker whether the Duke of Glocester or Thomas Arundell Bishop of Ely or Knighton tells King Richard they had one thing more to intimate to him on behalf of the People in these Words 3 Ib. I. 3. Habent enim ex antiquo Statuto de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex ex maligno Consilio quocunque vel inepta Contumacia aut Contemptu seu proterva voluntate singular aut quovis modo irregulari se alienaverit a populo suo nec voluerit per jura Regni Statuta ac laudabiles ordinationes cum salubri Consilio Dominorum procerum Regni gubernari Regulari set Capitose in suis insanis Consiliis propriam voluntatem suam singularem proterve Excercere extunc licitum est eis cum Communi assensu consensu populi Regni ipsum Regem de Regali solio abrogare propinquiorem aliquem de stripe regia loco ejus in Regni solium sublimare That is For the People have it by an old Statute and by * The Case of Edw. II. Fact which cannot be expressed without Grief by Experience not very long since committed That if a King by any Malignant Counsel whatever or foolish Contumacy or Contempt or froward arrogant Wilfulness by any singular or irregular Means did alienate himself from his People nor would be Governed or Ruled by the Laws Statutes and Laudable Ordinances of the Kingdom with the wholesom Advice of the Lords and Noblemen but like a Blockhead frowardly exercise his own singular Will in his Mad Counsels then it was lawful for them with the Assent and Consent of the People of the Kingdom to Dethrone that King and place in the Throne in his stead some one more near a-Kin to him of the Royal Family On the 24th of October next following Thomas Arundell Bishop of 4 Clause 10 Ric. II. M. 35. The great Officers of State changed Ely was made Chancellor in the place of the Earl of Suffolk and on the same day John Gilbert Bishop of Hereford was made 5 Pat. 10 Ric. II. p. 1. M. 16. Treasurer instead of John de Fordham Bishop of Durham John de Waltham was also made Keeper of the Privy Seal In the 6 Pat. 10 Ric. II. p. 1. M. 7. Eleven Commissioners appointed to Govern the Kingdom Their Names Patents of this year of his own free-will at the Request of the Lords and Commons the King changed these Great Officers and further by advice and assent of the Lords and Commons in full Parlement in aid of the good Government of the Kingdom the good and due Execution of the Laws and in Relief of his own Estate and that of his People he appointed Eleven Commissioners William Arch-Bishop of Canterbury Alexander Arch-Bishop of York his Uncles Edmond Duke of York and Thomas Duke of Glocester William Bishop of Winchester Thomas Bishop of Excester Nicholas Abbat of Waltham Richard Earl of Arundell John Lord Cobham Richard Lescrop and John Devereux to be his great and Continual Council for one year next coming after the date And Power of these Letters Patents by which he gave them Power to Survey and Examine all his Officers Courts Houshold and the Government of the whole Kingdom To receive all his Revenue as also all Subsidies Taxes
and other Payments To do what they would in the Kingdom and to amend all things according to their Discretions and these Powers greater perhaps then any King ever exercised were given to any Six of them with his Three Great Officers Willing That if diversity of Opinion happened between his Counsellors and Officers that the Matter should be determined by the greater part of them commanding and charging all Prelates Dukes Earls Barons the Steward Treasurer and Controller of his Houshold the Justices of one Bench and the other and other his Justices whatsoever Barons and Chamberlains of the Exchequer Sheriffs Escheators Majors Bayliffs and all other his Officers Ministers and Lieges whatsoever that they be attending obedient counselling and aydant to the said Counsellors and Officers so often and in what manner they should direct Dated at Westminster the 19th day of November Upon this Commission a Statute was made and the whole Recited in it See Statutes at Large Cap. 1. in the Tenth of Richard the Second the Parlement Roll of this year and the Pleas of the Crown in the Parlement the 21st of this King This Parlement ended on the 20th of 7 Rot. Parl. 10 Ric. II. n. 36 The King's Protestation in Parlement November and the last thing entred upon the Roll before that Memorandum is That the King made open Protestation in full Parlement with his own Mouth That for any thing was done 8 Ib. n. 35. in that Parlement he would not that prejudice should come to him or his Crown but that the Prerogative and Liberties of his Crown should be safe and preserved This year Richard Fitz-Alan Earl of Arundel was made 9 Rot. Franc. 10 Ric. II. M. 13. and M. 18. Admiral of the whole Fleet in the West and North parts of the Kingdom he got ready the Fleet and put to Sea early in the Spring and on the 24th of March discovery was made of a great 1 Walsingh f. 326. n. 10 20 30 40. The English take an Hundred and more Ships from the Flemings French and Spaniards Navy of Flemings French and Spaniards laden with Wine and well Guarded with Men of War after a sharp Engagement wherein he took many Armed Ships killed and took many Soldiers of different Quality the rest fled he pursued them two days and in the whole took an Hundred and more Ships great and Small wherein were Nineteen thousand Tuns of Wine 2 Col. 2692. n. 40 50 60. Knighton in his Relation of this Engagement says there were One hundred twenty six Ships taken in which were about Twelve or thirteen thousand Tuns of Rochel Wine and that the Admiral of Flanders was taken with many others 3 Ib. and Col. 2693. n. 10. He refitted his Ships and sailed into Britany and relieved Brest besieged the second time by that Duke demolished the Castles he had built about it and between Lady-Day and Midsummer took A. D. 1388. One hundred and sixty Ships well laden This Summer the King with his Queen went 4 Ib. n. 20 30 40 50 60. The King and Queen's Progress The Commission and Statute made last Parlement Questioned a Progress into the West and North Parts of the Kingdom in his Return he held a Council at Nottingham on the 21st of August where many Questions about the Commission and Statute made last Parlement and those that procured and forced the King to grant them and how they were to be punished were propounded to the Two Chief Justices and other Judges who answered they ought to be punished as Traytors as will be more fully related in the following Account of this year In this Council were present Alexander Arch-Bishop of York Robert de Vere Duke of Ireland Michael de la Pole Earl of Suffolk Robert Tresilian Chief Justice of the King's-Bench and Nicholas Brembre of London Knight his great Favorites and Advisers in all things who were heard before all others and according to common fame only they On the 5 Ib. Col. 2696. n. 40 50 60. The King splendidly received by the Major and Citizens of London The Duke of Glocester Earls of Arundel and Warwick march with a great Force toward London 10th of November the King came to London where he had a Wonderful Splendid Reception by the Major and Citizens who went out to meet him says the Historian with an innumerable Multitude of Horsemen richly Clad and conducted him and his Queen to St. Paul's Church and from thence to his Palace at Westminster his great unhappy Favourites accompanying him Next day on the Feast of St. Martin the King and his Favorites had notice the Duke of Glocester the Earls of Arundel and Warwick were marching toward London with a great Force from Haringay Park near Highgate who wrote 6 Ib. Col. 2699. n. 30 c. Their Letter to the Major Sheriffs and Aldermen of the City to the Major Sheriffs and Aldermen of the City to let them know They were and always would be Obedient and Loyal Lieges to the King and that they ought not to wonder at their assembling in such a manner for that in the last Parlement it was ordained by the King That certain Lords there appointed and Sworn for the Honour of God the good of the King and Kingdom to have the Government of his Council and the Realm for one year which Government had been and was then greatly disturbed by Alexander Arch-Bishop of York Robert Vere Duke of Ireland Michael de la Pole Earl of Suffolk Robert Tresilian false Justice and Nicholas Brembre false Knight of London all and every one false Traytors to the King and Kingdom who falsely and Traiterously by their Engines Counsel and Conduct of the Honourable Person of the King carried him into divers Parts far from his Council in the Ruin of him and his Realm and falsely Counselled him against their Oath to do divers things in Disheritance and Dismembring his Crown being in point to loose his Heritage beyond Sea to the great infamy and destruction of the whole Nation and falsely made several Differences between the King and Lords of his Council so as some of them were in fear and danger of their Lives as they had informed the King by the Arch-Bishop of Canterbury the Duke of York the Bishops of Winchester and Ely and divers other great Lords To Redress these things and Punish the Traytors according to Law they were assembled Requiring and Charging them the Major c. by vertue of their Allegiance That they should make full Proclamation vous requirons chargeoms par vertue do vostre legiance que vous eut facez plein proclamation c. thro' the whole City that this is our intent and no other and that for the Honour Profit and Salvation or Safety of the King Kingdom and all his Loyal Lieges and that you will be Aiding and Comforting with all your Endeavour and Power not favouring or aiding the Traytors nor any of them as
you desire the Honour of God the King and Kingdom and the safety of your City and that you neglect not this as you will avoid the danger that may happen in time to come and that you certifie us in this Matter on Friday next which was the 15th of November On that day the Arch-Bishop of Canterbury the Bishop of Ely and other Lords were 7 Ib. col 2700. n. 10 20 c. Several Persons sent to inquire after the Duke and Earls They Agree to come to the King They pretend there were People placed in several Places to surprize them which were searched The manner of their Address to the King His Kind Reception of them sent from the King to inquire after the Duke and Earls and having found them the Duke and Earls Agreed to come to the King on Sunday following when the King sat Two hours in his Throne in Westminster-Hall expecting them The Reason of their Stay was they had been informed that at the Mews and in the Arch-Bishop of York's House there were Men placed to surprize them which and all other suspicious Places being searched they came into the King's presence many Lords Great Men and Commons accompanying them When they came into the Hall and first saw the King they saluted him on their Knees and coming to the foot of the Steps or Stairs up to the Throne they again saluted him on their Knees and the King making Signs to them to come up the Steps at the top of them they the Third time saluted him on their Knees The King arose and took every one by the Hand as his Friend and sat down again They then Excused themselves to the King saying They did not think or intend any Evil against his Person and told him their Grievance was concerning the Five Traytors and gave the King a full Account in Writing what they charged them with He then promised publickly That he would cause them to appear And Promise to them next Parlement and stand to the Judgment of the Laws of the Land and prefix't a day for the meeting of the Parlement 8 Ib. col 2071. n. 10. He Excuseth the Duke and Earls by Proclamation and set forth a Proclamation on the 19th of November to Excuse the Duke and Earls and that he thought them not Traytors as he had been told by some of his secret Advisers but Worthy Men and took them into his special Protection signifying also to the People That Alexander Arch-Bishop of York Robert Vere Duke of Ireland Robert Tresilian Justice and Nicholas Brembre Knight of London were also in his Protection until the next Parlement when they were to Answer what could be objected against them and therefore commanded That no Man under any pretence should do them any Injury or give them any Trouble The Five Favourites absented themselves and lay privately where they could 9 Ib. col 2072. n. 20 30 c. The Duke of Ireland sent into Lancashire and Cheshire to raise Forces for the Security of the King The Duke of Glocester the Earl of Derby c. raise a great Force only the Duke of Ireland went into Lancashire and Cheshire where as 't is said in this Author the King wrote to Sir Thomas Molineux Sir Ralph Vernon Sir Ralph Radcliffe the Sheriffs and other Great Men of those Shires to Raise a Force and Conduct him to him which they did to the number of Five thousand Men. The Duke of Glocester the Earls of Derby Arundel Warwick and Nottingham hearing of it with what speed they could raised a great Force in the mean time the Duke of Ireland on the Eve of St. Thomas the Apostle or Twentieth of December was come into Oxfordshire and intended to pass 1 Ib. col 2703. The Action at Radcot-Bridge the River Isis at Radcot-Bridge upon which the Duke of Glocester had placed a Guard and so Broken it as it it was impassable when the Duke of Ireland seeing the great Force of his Enemies with very great danger adventured to pass the River on Horseback and made his Escape The Duke of Glocester and Earls 2 Ibm. col 2704. n. 10 20 c. The Duke Earls march with their Army to London went to Oxford where they consulted what to do from thence they marched to St. Albans and staid there on Christmas-Eve and Day with their Forces On St. Stephen's Day they marched towards London and shew themselves before the City in the Fields near Clerkenwell with a delectable and incredible Force cum delectabili incredibli Armata manu divided into Three Bodies From hence Two Knights and some Squires were sent to the Major and other Chief Persons of the City to come to the Lords to certifie them Whether they would stand with them and with the Commons of the Kingdom cum Communibus Regni or with the Duke of Ireland and with the Traitors of the King and Kingdom The Major Nicholas Exton with the Best Men of the City came to them delivered The Major send them the Keys of the Gates the Keys of the Gates submitted themselves to them and offered them free Passage into the City with all their People But before they entred they sent in some Knights and Squires to search the Gates Towers and Strong Places lest by Treachery they might be assaulted and when all things were found secure they entred and staid there When it was agreed between the King and What they did in the City Lords they might come and speak with him in the Tower where he then was 3 Ib. n. 40. the King sent them the Keys of the Gates and all the Munitions And here again they sent Knights and Squires to search all Places before they entred lest there should be any secret Practices and Treachery against them and when they thought themselves secure the Duke of Glocester the Earls of Derby Arundel They go into the Tower to the King Their Discourses with him Warwic and Nottingham went into the Tower and left their Army with the Rabble in the Plain before it After Salutation the King took them into his Chamber where they had a long Discourse about what they came for and he seeing the imminent Dangers favoured them in what they desired 4 Ib. n. 50 60. He granted what they asked They asked of him That all of his Court suspected of Treason and Falsity de proditione falsitate suspecti might be seized and every one imprisoned in several Castles The King granted what they asked The Earl of Derby persuaded the King to go upon the Tower-Wall They shew the King from the Tower-Walls their Numbers to view the People gathered together for saving of himself and the Kingdom When he saw them he wondred at the Number and Strength of the Kingdom Then the Duke of Glocester told him there was not the Tenth Part of the People that would join with them to destroy the false Traitors of
the King and his Kingdom After this 5 Ibm. col 2705. n. 10 20 30. Many sent to Prison Others removed from Court the King commanded many there named to be sent to the Castles of Nottingham Dover Bristol Rochester Glocester c. to be kept until next Parlement to answer their Demerits There were also then Removed from the Court John de Fordham Bishop of Durham the Lords Beaumont Zouch Burnel and Lovell Sir Thomas Camoys the Son of the Lord Clifford Sir Baldwin Bereford the Bishop of Chichester the King's Confessor the Lady Mohun the Lady Poynings and the Lady Molineux 6 Ibm. col 2706. n. 10. The Judges taken off the Benches and sent to the Tower And on the first Day of the Parlement Sir Roger Fulthrop Sir Robert Belknap Sir John Cary Sir John Holt Sir William Burgh all Judges and John Loketon Serjeant at Law were taken off the Benches doing their Offices and sent to the Tower On the 17th of 7 Claus 11 Ric. II. M. 24. Dors A Parlement called The Cause of Summons Decemb. Writs were issued for a Parlement to meet on the 3d of February or on the morrow of the Purification of the Virgin Mary next coming On that Day Thomas Fitz-Alan Bishop of Ely and Chancellor of England Brother to the Earl of Arundel from whence his Name of de Arundel from that Title declared the cause of Summons to be 8 Rot. Parl. 11 Ric. II. n. 1. part 1. To consider by what means the Troubles in the Kingdom for want of good Government might be ended the King better Advised the Realm better Governed Misdemeanours more severely punished and good Men better encouraged how the Kingdom best defended the Sea best kept the Marches of Scotland best guarded Guyen preserved and how the Charges of these things was most easily to be born And then gave notice That who would complain in that Parlement of such things as could not well be redressed by the Common Law might carry their Petitions to the Clercs in Chancery there named appointed to receive them Thomas Duke of Glocester 9 Ibm. n. 6. The Duke of Glocester's suspicion of himself The King declares him not guilty kneeled before the King and said he understood the King had been informed that he was about to depose him and make himself King and profered to stand to the Award of his Peers in Parlement The King declared openly That he did not think him Guilty and had him fully excused The Lords Spiritual and Temporal then present * Ibm. n. 7. claimed as their Liberty and Franchise That all great Matters moved in that Parlement and to be moved in other Parlements in time to come touching Peers of the Land should be discussed and judged by the course of Parlement and not by the Law Civil or the Common Law of the Land used in lower Courts of the Kingdom Which Claim Liberty and Franchise the King benignement kindly allowed and granted in full Parlement The Five 1 Ibm. n. 8. The Protestation of the 5 Lords Appellants Lords Appellants Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwic and Thomas Earl of Nottingham and Earl-Marshal made open Protestation in full Parlement That what they did touching their Appeal and Suit in that Parlement and had done before and all the Men and People being in their Company or of their Retinue or Assembly and with them in all that Affair was done principally to the Honour of God and in Aid and Safety of the King and all his Kingdom and the Safety of their Lives The Lords and Commons 2 Ibm. n. 11. Half a 10th and half a 15th granted granted half a Tenth and half a Fifteenth before the Parlement ended with Protestation That it was done of Necessity and that it might be no Prejudice to the Lords and Commons in time to come because it was granted And further they pray the King That notwithstanding the Grant so made the Parlement might hold on its course and be Adjourned if need were and that all things touching the said Parlement might be done and executed as if the Grant had not been made until the end of the Parlement in manner accustomed And the King granted their Request as a thing he ought to do of Reason Friday the 21st of March which was the 46th Day of Parlement 3 Ibm. n. 12. in fine The Prelates Lords and Commons swear the Prelates Lords and Commons made the Oath following upon the Cross of Canterbury in full Parlement Tou shall 4 Append. n. 106. Their Oath Swear That you will keep and cause to be kept the good Peace Quiet and Tranquillity of the Kingdom And if any will do to the contrary thereof you shall oppose and disturb him to the utmost of your Power And if any People will do any thing against the Bodies of the Persons of the Five Lords that is to say Thomas Duke of Glocester Henry Earl of Derby Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal or any of them you shall stand with them to the end of this present Parlement and maintain and support them with all your Power to live and die with them against all Men no Person or any other thing excepted saving always your Legiance to the King and the Prerogative of his Crown the Laws and good Customs of the Kingdom The Lords and Commons grant to the King in Defence of the The Subsidy of Leather Wooll c. Realm a Subsidy upon Leather Wooll and Woollfells 5 Rot. Parl. 117 Ric. II. n. 16. granted upon condition upon Condition the Five Lords Appellants should have out of it 20000 l. by Assent and Grant of the King for their Costs and Labour and Expences before that time for the Honour Profit and Safety of the King and whole Kingdom The Commons 6 Ib. n. 23. The Commons Request to the King pray That no Person of what Estate soever do intermeddle with the Business of the Kingdom nor the Council of the King but those assigned in his Parlement unless it be by Order of the Continual Council And prayed also That they might have Power to remove all Persons from the King which they thought fit to remove and put others in their Places As to the first Point of this Article 7 Ibm. Ro. His Answer le Roy le voet the King granteth it As to the second if any Lord of the Council or other Lord of the Kingdom will inform the King that he had about him any Person not Sufficient or Honest he willeth That if it be proved he shall be put away and removed and another Sufficient by Advice of himself put in his Place In this 8 Ib. part 2. Alexander A Bp. of York the Duke of Ireland and Earl of Suffolk accused Parlement Thomas Duke of Glocester Constable of England Henry Earl of Derby
Richard Earl of Arundel and Surrey Thomas Earl of Warwic and Thomas Earl-Marshal did accuse and appeal Alexander Arch-Bishop of York Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk saying I. That as False Traitors and Enemies to the King and Kingdom taking Advantage of his tender Age and the Innocency of his Person informed him and put upon him for Truth false things of their own Invention against Loyalty and Good Faith and made him entirely their own so as they had his Love firm Faith and Credit while he hated his Loyal Lords and Lieges by whom he ought to have been Governed And encroaching to themselves Royal Power in Disfranchising the King en Defranchisantz nostre dit Seigneur le Roy blemishing his Sovereignty and lessening his Prerogative and Royalty and made him so Obedient as he was Sworn to be Governed Counselled and Conducted by them by virtue of which Oath they kept him in Obedience to their false Imaginations and mischievous Deeds contained in the following Articles II. Also whereas the King is not bound to make any Oath but on the Day of his Coronation or for the Common Profit of himself and Kingdom the aforesaid Alexander Robert and Michael False Traitors and Enemies to the King and Realm made him Swear and Assure them That he would Maintain Support and Live and Die with them And also whereas the King ought to be of more free Condition than any other of his Kingdom they have put him more in Servitude than any one against his Honour Estate and Royalty against their Legiance as Traitors to him III. Also the said Robert Michael and Alexander by the Assent and Counsel of Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Contrivance would not suffer the Great Men of the Kingdom nor good Counsellors to come near the King nor would suffer him to speak with him unless in their Presence and Hearing accroaching to themselves Royal Power Lordship and Soveraignty upon the Person of the King to the great Dishonour and Peril of the King the Crown and his Realm IV. Also the said Alexander Robert Michael Robert Tresilian false Justice and Nicholas de Brembre false Knight of London by their false Wickedness evilly advised the King so as his appearance he ought to make to the Great Lords and his People Liege and the Favours and Right to which they requested his Answer were not to be obtained but at their Pleasure and Allowance in staying the King from his Duty and against his Oath and turning the Hearts of the Great Lords from him with Design to estrange his Heart from the Peers of the Land to have amongst them the sole Government of the Kingdom V. Also by the said Encroachment of Robert de Vere Duke of Ireland and Michael de la Pole by the Advice and Counsel of Alexander Arch-Bishop of York caused the King without Assent of the Kingdom by their Abetments without any Deserts of the Persons to give divers Lordships Castles Towns and Mannors as well annexed to his Crown as others as the Land of Ireland the Town of Okeham and the Forest thereof and other Lands which were the Lord Audley's and other great Estates to the said Robert de Vere and others whereby they are greatly enriched and the King become poor and had not wherewith to support and bear the Charges of the Kingdom unless by Impositions Taxes and Tributes put upon his People in Disheriting his Crown and undoing the Realm VI. Also by the Encroachment of the said Alexander Robert and Michael by the Assent and Advice of Robert Tresilian false Justice and Nicholas Brembre false Knight of London caused the King to give divers Lands Mannors Tenements Reâ—â—â— Offices and Bailiwics to People of their Kinred and other Persons of whom they received great Bribes and also to make them of their Party in their false Quarrels and Purposes as in the Case of Robert Manfield Clerc John Blake Thomas Vske and others to the undoing of the King and Kingdom VII Also Robert de Vere c. Michael de la Pole c. Alexander Arch-Bishop c. by Assent and Counsel of Nicholas Brembre c. encroaching to themselves Royal Power caused the King to give very great Sums of Gold and Silver as well of his own Goods and Jewels as the Treasure of the Kingdom as Tenths Fifteenths and other Taxes granted by divers Parlements to be expended in Defence and Safeguard of the Kingdom and otherwise which amounted to the Sum of 100000 Marks and more to Robert Vere Duke of Ireland and others And further they caused many good Ordinances and Purposes made and ordained in Parlements as well for the Wars as Defence of the Kingdom to be interrupted to the great Injury of the King and Kingdom VIII Also by the said Encroachment and by great Bribes taken by the said Robert Michael and Alexander divers Persons not sufficient or fit had the Guard and Government of divers Lordships Castles and Countries of War as in Guyen and otherwhere as well on this side as beyond the Sea whereby the People and Countries of those Parts Liege and Loyal to the King for the greater Part were destroyed and great Dominions of late rendred into the hands and possession of the Enemy without Assent of the Realm which were never in the hands of the Enemy since the Conquest of them as in the Marches of Scotland and otherwhere in Disherison of the Crown and great Injury of the Realm as in the Case of Harpedene Craddock and others IX Also by the Encroachment of the foresaid Alexander Robert Michael Robert and Nicholas divers People have been hindred of the Benefit of the Common Law of England and put to great Delays Losses and Costs and Statutes Judgments justly made upon the necessary Causes in Parlement have been reversed and nulled by Procurement of the said Misdoers and Traitors and this by Reason of the great Bribes by them received to the greatest Injury of the King and Kingdom X. Also the Five aforesaid accroaching to them Royal Power as false Traitors to the King and Kingdom caused and counselled the King to grant Charters of Pardon for horrible Felonies and Treasons as well against the State of the King as of the Party against the Law and Oath of the King XI Also whereas the Great Lordship and Land of Ireland hath been beyond Memory Parcel of the Crown of England and the People thereof for all that time have been the King's Lieges without mean to him or his Royal Progenitors and our Lord and his Noble Progenitors King 's of England in all their Charters Writs Letters and Patents and also under their Seals in Augmentation of their Names and Royalty stiled themselves Lords of Ireland the foresaid Robert Duke of Ireland Alexander c. Michael c. as false Traitors to the King by the said Encroachment gave Advice that the King inasmuch as was in
him had granted that Robert de Vere should be King of Ireland and to accomplish this wicked Purpose the foresaid Traitors counselled and excited the King to send Letters to the Pope to ratifie and confirm their Traiterous Intention without the Knowledge and Assent of the Kingdom of England or Land of Ireland in parting the King's Legiance in respect to both Nations in decrease of the Honourable Name of the King and in open Disherison of his Crown of England and full Destruction of his Loyal Lieges and the Nation of Ireland XII Also whereas by the Great Charter and other good Laws and Usages of the Kingdom no Man ought to be taken put in Prison or to Death without due Process of Law the fore said Nich. Brembre false Knight of London took by night certain Persons out of the Prison of Newgate Chaplanes and others to the Number of Twenty two some Debtors others accused of Felony and some Approvers in the Case of Felony and some taken and imprisoned there upon suspicion of Felony and led them into Kent to a Place called the Foul Oke and there encroaching to himself Royal Power as a Traitor to the King and without Warrant or Process of Law caused their Heads to be cut off all but one who was Appealed of Felony by an Approver and him he suffered to go at large at the same time XIII Also the foresaid Alexander c. Robert c. Michael c. Robert c. Nicholas c. Traitors to the King and Kingdom took great Bribes in many Cases in the Name of the King for Maintenance of Quarrels or Suits and one time took Bribes of both Sides or Parties as shall be more fully shewed if need be XIV Also these Five caused some Lords and others Loyal Lieges to be put out of the King's Council and so as they dare not speak in Parlement about the good Government of the King's Person or Kingdom XV. Also whereas in the last Parlement all the Lords Sages and Commons there assembled seeing the imminent Ruin of the King and Kingdom by the Perils and Mischiefs aforesaid and for that the King had forsaken the Counsel of the Kingdom and holden himself altogether to the Counsel of the said Five Evil-doers and Traitors and also for that the King of France with his Royal Power was Shipped at Sea ready to have Landed in England to have destroyed the Kingdom and Language thereof and there was no Ordinance then made or Care taken for the Safety of the King and Kingdom They knew no other Remedy than to shew the King fully how he was ill Governed Led and Counselled by the Traitors and Ill-doers aforesaid requiring him most humbly as his Loyal Lieges for the Safety of him and his whole Realm and to avoid the Perils aforesaid to remove from his Presence the said Evil-doers and Traitors and not to do any thing after their Advice but according to the Counsel of the Loyal and Discreet Sages of the Realm And hereupon the said Traitors and Evil-doers seeing the Good and Honourable Opinion of the Parlement to undo this Good Purpose by their false Counsel caused the King to Command the Major of London to kill and put to death all the said Lords and Commons except such as were of their Party to the doing whereof these great Traitors and Evil-doers should have been Parties and present in undoing the King and Kingdom XVI Also That those Five Traitors c. when the Major and Good People of London utterly refused in the Presence of the King to Murder the Lords and Commons by their said Traiterous Accroachment falsly Counselled the King and prevailed with him to leave the Parlement for many Days and caused him to certifie fist certifier That he would not come to the Parlement nor Treat with the Lords and Commons of the Business of the Kingdom for any Peril Ruin or Mischief that might happen any ways to him or the Realm if he were not first assured by the Lords and Commons that they would not speak or do in that Parlement against any of the Misdoers saving that they might proceed on in the Process which was then commenced against Sir Michael de la Pole to the great Ruin of the King and Kingdom against the ancient Ordinances and Liberties of Parlement XVII Also the said Lords and Commons after they understood the King's Mind by the wicked Excitation and Counsel of the Five c. was such as he would not suffer any thing to be commenced pursued or done against the said Mis or Evil-doers mesfesours they dare not speak or proceed against the King's Will and then in Parlement was read the Counsel and Advice of the Lords and Justices and other Sages and Commons of Parlement how the Estate of the King and his Royalty might be best saved against the Perils and Mischiefs aforesaid and they knew not how to find any other Remedy than to ordain That Twelve Loyal Lords of the Land should be the King's Council for One Year and that there should be made such a Commission and Statute by which they should have full and sufficient Power to Ordain c. according to the Effect of the Commission and Statute by which Commission and Statute no Man was to Advise the King against them under Forfeiture for the first Offence of his Goods and Chattels for the second Offence Life and Member Which Ordinances Statute and Commission were made agreeable to the Assent of the King the Lords Justices and other Sages and Commons assembled in the said Parlement to save the King his Royalty and Realm The said Traitors and Misdoers by their Evil False and Traiterous Informations of the King that the said Ordinance Statute and Commission were made to Defeat his Royalty and that all those who procured and counselled the making of them and those who excited the King to Consent to them were worthy to be done to Death as Traitors to the King XVIII Also after this the said Five Misdoers and Traitors caused the King to assemble a Council of certain Lords Justices and others many times without the Assent and Presence of the Lords of the Great Council and made divers Demands of them very suspicious of divers Matters by which the King Lords and Common People were in great Trouble and the whole Realm also XIX Also to accomplish the said High Treason the Misdoers and Traitors Alexander c. Robert c. Michael c. by the Assent and Counsel of Robert Tresilian and Nicholas Brembre caused the King to go through the Kingdom with some of them and into Wales and caused him to make come before him the Lords Knights and Esquires and other good People of those Parts as well of Cities and Burghs as other Places and made some to enter into Bond others by their Oaths to stand with him against all People and to effect his Purpose which at that time was the Will and Purpose of the said Misdoers
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
any of his Justices and Officers whatsoever and Judge and Punish them for their Faults the Lords and Commons without the King's Consent or Pleasure impeach those Officers in Parlement for their Offences They unanimously answer They cannot and if any one acted to the contrary he was to be punished as a Traytor 8. Also it was demanded How he was to be punished who moved in Parlement that the Statute might be sent for by which Edward the Second the King 's Great Grandfather was adjudged in Parlement by the Inspection of which Statute the new Statute Ordinance and Commission were conceived in Parlement They answer unanimously That as well he who so moved as the other who by pretext of that Motion carried that Statute to the Parlement were deservedly to be punished as Criminals and Traytors 9. Also it was demanded Whether the Judgment given in the last Parlement at Westminster against the Earl of Suffolk was Erroneous and Revocable They answer unanimously That if it were now to be given the Justices and Serjeant aforesaid would not give it because it seemed to them it was Revocable as Erroneous in every part of it In Testimony of all which the Justices and Serjeant aforesaid Witnesses to the Opinions of the Justices put to their Seals these being Witnesses the Reverend Fathers Alexander Arch-Bishop of York Robert Arch-Bishop of Dublin John Bishop of Durham Thomas Bishop of Chichester John Bishop of Bangor Robert Duke of Ireland Michael Earl of Suffolk John Ryppon Clerc and John Blake Esq Dated in the Place Day Month and Year aforesaid XXVI These Five are Accused That they drew away the Heart and Good Will of the King from the said Lords and others which agreed to make the Commission and Ordinance in the last Parlement who accounted them his Enemies and Traytors and being sure the Justices favoured their Design contrived that those Lords and others should be Arrested Endicted and Attainted by false Enquests of Treason and put to Death and they and their Blood or Issue Disherited and these false Arrests Endictments and Attainders should be made in London or Middlesex and for that cause they made a False and Wicked Person one Thomas Husk Under-Sheriff of Middlesex who by their Assent Procurement and Command undertook the said false Endictments and Attainders should be made and accomplished Emprist que les ditz faux enditements atteinders serroient faitz accompliez And for the better accomplishment of their Treason the said Traytors caused the King to write Letters of Credence by one John Rypon false Clerc of their Covin to the Mayor of London to Arrest the Duke of Gloucester and others and by force of those Letters one John Blake carried to the Mayor a Bill of Information against them by which they were to be Indicted and Attainted The Effect of which Bill was That it seemed for the better that certain of the Lords Knights and Commons of the last Parlement which were notoriously impeachable les queux sount notoirement empeschable should be privately Endicted in London and Middlesex of Conspiracy and Confederacy for that they at a certain day there Falsely and Traiterously Conspired between themselves and Confederated themselves to make in the same Parlement a Statute and Commission against the Royalty of our Lord the King and in Derogation of his Crown and procured the same Statute there afterwards at a certain day to be made and also procured our Lord the King to assent against his Will to have it made and also constrained him to have it made against his Will and they Traiterously against their Ligeance hindered the King from using his Royalty to the great Disherison of him and Derogation to his Crown against their Ligeance swearing to maintain each other in this Matter And further the said Evil-Doers and Traytors Mesfesours Traytours set a Watch to give notice of the Duke of Lancaster's landing in England that he might be Arrested just upon his arrival XXVII Also these Five Evil Doers and Traytors after having informed the King so as he believed the Statute Ordinance and Commission were made in Derogation of his Royalty and Prerogative they strongly possessed him that all those who made or caused to be made the said Statute Ordinance and Commission had a purpose to Degrade and Depose him and that they would not give over that purpose until they had perfected it for which Cause the King held them as his Enemies and Traytors XXVIII Also after this False and Traiterous Information when the Five aforesaid had procured the King to hold the Loyal Lords as Enemies and Traytors the said Misdoers and Traytors advised him by every way possible as well by the Power of his own People as by the Power of his Enemies of France and others to destroy and put to Death the said Lords and all others who assented to the making of the said Statute Ordinance and Commission and that it might be done so privately as none might know it but such as did it XXIX Also to accomplish the High Treason aforesaid Alexander c. Robert de Vere c. and Michael c by their Advice caused the King to send his Letters of Credence to his Adversary the King of France some by one Nicholas Southwell Valet of his Chamber and others by other Persons of small Account well Strangers as English requesting and praying the King of France That he would with all his Power and Advice be Aiding and Strengthening him to Destroy and put to Death the Lords and other English which the King held to be his Enemies and Traytors as above to the great Trouble and Dissatisfaction of the whole Kingdom XXX Also the last named Three encroaching to themselves Royal Power caused the King to promise the King of France by his Letters and Messages That for the Ayd and Power he was to receive from him to accomplish this High Treason and Murder he would give and surrender and give unto him the Town and Castle of Calais and all other Castles and Fortresses in the Marches or Confines of Picardy and Artois the Castles and Towns of Cherburgh and Brest to the great Dishonour Trouble and Ruin of the King and Kingdom XXXI Also after the last named Three were sure of having Ayd and Assistance from the King of France by Excitation and Contrivance of the said Traytors a Conference was to have been in the Marches of Calais about a Truce for Five years between the Two Nations at which Conference both Kings were to be present and also the English Lords which the King then held to be his Traytors and there Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and others were to be put to Death XXXII Also for performance of this High Treason the last named Three caused the King to send for Safe-conducts to the King of France some for himself some for the Duke of Ireland and some for John
Salisbury John Lancaster Knights with other People with them to go into France to put in Execution this Wicked Purpose and Treason which Safe-conducts were ready to be produced XXXIII Also the foresaid Nicholas Brembre false Knight of London by Assent and Advice of Alexander c. Robert de Vere c. Michael c. and Robert Tresilian false Justice encroaching to themselves Royal Power as before some of them went Personally into London and without the Assent and Knowledge of the King there openly in his Name made all the Crafts of that City to be Sworn to hold and perform divers Matters not Honest as is contained in the said Oath upon Record in Chancery and amongst other things That they should keep and uphold the King's Will and Purpose to their Power against all such as were or should be Rebels or against the King's Person or his Royalty and that they were ready to live and die with him in destruction of all such who did or should design Treason against the King in any manner and that they should be ready and come readily to their Mayor for the time being or that afterwards should be when and what hour they should be required to resist so long as they lived all such as did or should design any thing against the King in any of the Points aforesaid at which time the King by Evil Information of the said Misdoers and Traytors and by the false Answer of the Justices firmly held the said Lords and others who contrived the Statute Ordinance and Commission to be his Rebels Enemies and Traytors which Information was then unknown to the People of London and also That by obscure Words contained in the Oath the Intent of the Misdoers and Traytors was to engage the People of London to raise their Power to destroy the Loyal Lords XXXIâ— Also the said Nicholas Alexander Robert de Vere and Michael Traytors to the King and Kingdom encroaching to themselves Royal Power of their own Authority without Warrant from the King or his great Council caused to be proclaimed thro' the City of London That none of the King's Lieges should Ayd or Comfort Richard Earl of Arundell and Surry a Peer of the Land and one of the Lords of the King 's great Council during the Commission or to sell him Armor Victuals or other things necessary and to avoid all of his Party as Rebels upon forfeiture of whatever they could forfeit to the King shewing a Patent from the King for making such Proclamation in of the King 's Loyal Lieges XXXV Also the said Nicholas Brembre by Assent and Counsel of Alexander Robert de Vere and Michael made to be proclaimed in the City of London That no Person should be so hardy to speak one Word of ill of the said Misdoers and Traytors upon pain to forfeit whatever they could forfeit to the the King also encroaching to themselves Royal Power XXXVI Also the said Five Traytors to the King and Kingdom caused the King to send to his Council certain Persons to be Sheriffs thro' the Kingdom named to him by the Evil-Doers and Traytors to the intent they might make such Parlement Knights as they should name to the undoing of the good Loyal Lords and the good Commons and also the good Laws and Customs of the Kingdom XXXVII Also the Five Misdoers and Traytors during the time of Protection to hinder the Appeal falsely Counselled and caused the King to Command by his Letter divers Knights and Esquires his Sheriffs and other his Ministers of divers Counties to levy and assemble all the Power they could to come with the Duke of Ireland against the Lords Appellants to make sudden War upon and destroy them XXXVIII Also during the time of Protection of the said Robert de Vere c. Michael c. Alexander c. Nicholas c. caused the King by his Letters to notifie to the Duke of Ireland they were all appealed of Treason by Thomas Duke of Glocester Constable of England Richard Earl of Arundell and Surry and Thomas Earl of Warwick and how he had given them day until the next Parlement and how he had taken into his special Protection both Parties with all their Goods and Chattels and it was further contained in the King's Letters That if the Duke of Ireland had sufficient Power he should not cease to march on with all his Force to come to him and soon after they caused the King to write to that Duke That he should take the Field with all the Force he could get together and that he would meet him with all his Power and that he would adventure his Royal Body with him and that he was in great danger and also the whole Nation if he was not relieved by him and this the Duke ought to discover to all the People with him and that the King would pay all his Wages and Costs and of all the People assembled with him By force of which Letters the Wicked and Traiterous Excitations as well of the Duke and his Adherents and all the other Misdoers and Traytors he raised a great number of Men at Arms and Archers as well in the Counties of Lancaster and Chester and in Wales as other Places of the Kingdom to destroy and put to death the Lords and all others who ordered and assented to the making of the Statute Ordinance and Commission to the Ruin of the King and his Kingdom XXXIX Also the said Robert de Vere Duke of Ireland false Traytor to the King and Kingdom assembled a great Power of Men at Arms and Archers in Lancashire Cheshire Wales and many other Places to the intent to have Traiterously destroyed with all his Power the said Lords Thomas Duke of Glocester Constable of England Henry Earl of Derby Richard Earl of Arundel and Surry Thomas Earl of Warwick and Thomas Earl Marshal and other the King's Lieges to the Undoing and Ruin of the King and whole Kingdom and so Rod or Marched with a great Force of Men at Arms and Archers from the County of Chester to Radcot-Bridge accroaching to himself Royal Power Displaying the King's Banner in his Army against the State of the King and his Crown This Impeachment was Exhibited on Monday the first 1 Rot. Parl. 11 Ric. II. Part 3. This Roll is not numbred The Appealed summoned to appear day of the Parlement being the 3d of February when the Lords Appellants affirmed they were ready to prove every Article as it should be awarded in Parlement to the Honour of God the Honour and Profit of the King and the whole Realm whereupon the Appealed were called in Parlement before the King and Lords to appear and make Answer to the Appellants and the same Demand of their Appearance was made in Westminster-Hall and at the great Gate of the Palace of Westminster to come and Answer the Appellants and because they came not being so solemnly called the Duke of Glocester and the other Appellants prayed
the King and Lords to Record their Default and proceed to Judgment Thereupon 2 Ibm. the King and Lords Deliberate upon their Demands until next day being Tuesday when the Justices Serjeants and other Sages of the Law of the Kingdom and also the Sages of the Law Civil were charged by the King to give their Loyal Counsel to the Lords of Parlement how they should proceed in the Case of Appeal The said Justices Serjeants and Sages of both Laws having Deliberated answered the Lords in Parlement That How they were to be Tryed they had noted and well understood the Tenor of the Appeal and that it was done neither according to the Order of one Law or the other Upon which the Lords in Parlement Deliberated and by the common assent of the King and Lords it was declared That in such high Crimes which touched the Person of the King and the State of the whole Realm perpetrated by Persons that were Peers of the Realm with others the Case could not be brought under other Judicature then that of Parlement nor other Law then the Law and Course of Parlement and that it belonged to the Lords in Parlement their Franchise and Liberty of ancient Custom of Parlement to be Judges in such Cases and to Judge of such Cases by the assent of the King to the 3 Ibm. intent that the King and Lords of Parlement shall not be Ruled or Governed by the Civil Law and also that so high a Case should be no where Tryed but in Parlement by Process or Order used in any Inferior Court of the Kingdom which Courts are but the Executors of the ancient Laws and Customs of the Realâ—â— and Ordinances and Establishments of Parlement and the Lords were advised by assent of the King That this Appeal was made and affirmed well and duely Stated and the Process of the same good and effectual according to the Laws and Course of Parlement Upon which the Appellants press the King and Lords again to Record the Default and that Nicholas Brembre who was only in Custody might be brought to answer The Appealed were again called to come and Answer to the said Appellants and came not nevertheless the King and Lords advised for their better Deliberation until the Morrow being Wednesday the 5th of February at which time the said Appellants prayed the King and Lords in Parlement they would Record the Default of the Appealed as before Whereupon the Arch-Bishop of Canterbury for himself and all other Bishops his Suffragans and all other Lords Spiritual of his Province made 4 Ibm. and Append. n. 108. Protestation and delivered it in Writing into Parlement for the saving of their Right of Peerage Sitting and Voting in Parlement tho at present there were such Matters there in Agitation as by the Sacred Canons they might not be present Then the Appealed 5 Ibm. The Appealed appear not by Command of the King and Lords were solemnly called to appear as before and the Appellants alledging they had full notice of the Appeal and the King and Lords being satisfied it was so by reason they came not their Default was Recorded whereupon the Duke and Earls Appellants prayed the King and Lords as before they might be Judged Convict of the High Treasons contained in the Appeal and the said Nicholas brought to Answer The King and Lords took time to Consider and Examine the Articles whether they could give such Judgment in this Case as should be to the Honour of God the Honour and Profit of the King and the whole Kingdom The King Commanded the Lords to Examine the Articles who did with great labour and diligence until Thursday the 13th of February and then declared many of the Articles contained Treason as the First Second Eleventh Twelfth Fifteenth and Sixteenth as also the Eighteenth Twenty ninth Thirtieth Thirty first Thirty second the Thirty seventh Thirty eighth and Thirty ninth were Treason And then upon due Information of their Consciences pronounced the Appealed Guilty and Judged them to be 6 Ibm. Their Judgment Drawn and Hanged as Traitors and Enemies to the King and Kingdom and that their Heirs should be Disherited for ever and their Lands Tenements Goods and Chattels forfeited to the King and that the Temporalities of the Arch-Bishoprick should be taken into the King's hands And for that the like Case had not been seen in the Kingdom concerning the Person of an Arch-Bishop or Bishop the Lords would Advise by Assent of the King what they may best do for the Honour of God and of Holy Church and the Safety of the Laws of the Land Then the Duke and Earls Appellants prayed Sir Nicholas Sir N. Brembre brought to answer Brembre might be brought to Answer and on Monday the 17th of February the Constable of the Tower brought him into Parlement 7 Ibm. where the Articles of Appeal were read to him to which he pleaded Not Guilty in any Point of them and said he was there ready to make good what he said by his Body as a Knight ought to do The Lords answered Battel did not lie in that Case and that they would examin the Articles touching the said Nicholas and take due Information by all true necessary and convenient Ways that their Consciences might be duly informed what Judgment to give in this Case to the Honour of God the Honour and Profit of the King and his Kingdom as they would answer it before God according to the Course and Law of Parlement During this Examination on Wednesday the 19th of February Sir Robert Tresilian was taken and brought into 8 Ibm. Sir R Tresilian taken and brought into Parlement Parlement and being asked if he had any thing to say which had happened since Judgment passed upon him why execution thereof should not be made for that he had nothing to say it was commanded he should be carried to the Tower and from thence drawn through the City of London and forward to the Gallows at Tyburn and there to hang by the Neck and that the Execution should be done by the Marshal of England taking to his Assistance the Major Sheriffs and Aldermen of London And he was Executed the same Day On the morrow 9 Ibm. Sir N. Brembre Sentenc'd and Executed which was the 20th Day of February Sentenc'd and Executed Sir Nicholas Brembre was brought into Parlement when the Lords by diligent Examination due Proof and Information found him Guilty of High Treason and they Awarded by Assent of the King as a Traitor and open Enemy to the King and Kingdom he should be Drawn and Hanged his Heirs for ever Disherited and his Lands Tenements Goods and Chattels forfeit to the King And he was Executed on the same Day and in the same manner as was Robert Tresilian It was the Intention 1 Ibm. The Parlement Judge the King innocent notwithstanding the Appeal and Articles of all the Lords of Parlement Spiritual and
Forfeiture he ought to do If the 4 Ib. n. 52. Suggestion of a Bill in Chancery was not true the Chancellor had Power given him to award Damages at his Discretion See Stat. at Large 17 Rich II. Cap. 6. In the Eighteenth of his Reign the * Knighton's Col. 2742. n. 10. Walsingh f. 351. lin 2. The King went into Ireland with an Army King about Michaelmass went with an Army into Ireland to subdue the Irish who were then in Rebellion and with him went the Duke of Glocester the Earls of March Nottingham and Rutland The Duke of York Guardian of the Kingdom in his absence * Rot. Clause 18 Ric. II. M. 23. Dors A Tenth and Fifteenth given called a Parlement to meet Fifteen days after St. Hillary to Consider of the Prosperous and Happy Government of Ireland and to that purpose sent the Duke of Glocester over into England to procure Money from the Parlement and the Lords and Commons * Rot. Parl. 18 Ric. II n. 6. A. D. 1395. The King settled Ireland granted to the King a Tenth and Fifteenth for the Conquest of that Country and in May next following having settled that Nation and left the Earl of March Deputy returned into England In the Twentieth of King Richard in the Parlement 5 Ib. 20 R II. n. 14 15 16. The Commons frame certain Articles against the King's Royalty and Liberty The Speaker charged to tell who brought in that â—â—â—l holden on the Feast of St. Vincent or 22d of January the Commons had framed certain Articles in a Bill as the King told the Lords he was informed against his Royalty and Liberty such as his Progenitors enjoyed which he was Resolved to uphold and maintain and Commanded the Lords Spiritual and Temporal to let the Commons know it and Commanded the Duke of Lancaster to Charge Mr. John Bussy the Speaker upon his Allegiance to tell who brought in the Bill That which moved and troubled the King therein was about the Expences of his House and the Bishops and Ladies that frequented the Court. The Commons made their Excuse and Submission to the King in manner following On Saturday the Morrow of the Feast of Candlemass 6 Ib n. 16. The Commons deliver the Bill to the Lords the Lords Spiritual and Temporal were with the Commons and shew them the Will and Command of the King and they delivered the Bill to the Lords and the Name of him that brought it to them to wit Thomas Haxey Which Bill was afterwards delivered Thomas Haxey brought the Bill into the House of Commons to the Clerk of the Crown by the Clerk of the Parlement by the King's Command and presently after the Commons came before the King in Parlement by his Command and there with all Humility and Obedience they could shew great Grief as appeared by their Countenances for that the King had taken such conceit against them Humbly praying the King to hear and accept The Commons Excuse and Submission their Excuse That it never was their Intent or Will to speak shew or do any thing which should be an Offence or Displeasure to his Majesty nor against his Royal Estate or Liberty and especially about this Matter touching his Person and the Government of his House or about the Lords and Ladies in his Court nor of any other Matter that touched himself knowing well that such things do not belong to them but solely to the King himself and his Ordering and that their Intention was for the great Affection they bare to the King as faithful Lieges That the Lords might pray the King to consider his Honourable Estate and do concerning it what he pleased And upon this the Commons submit themselves to the King's Will and Favour humbly praying his Royal Majesty to have them Graciously Excused being always ready to save his Royal Estate and Liberty and to perform in Body and Goods as Loyal Lieges are bound what shall be for the Honour and Safety of his Royal Majesty Whereupon 7 Ib. n. 17. The King fully Excuseth them the Chancellor by Command of the King told the Commons That upon his Royal Benignity and Gracious Seignoury he had them fully Excused On Wednesday after Candlemass Thomas Haxey Clerc was in Parlement Thomas Haxey Judged a Traytor Judged to 8 Ib. n. 23. Death as a Traytor and soon after Sentence the Arch-Bishop of Canterbury Thomas Arundel and all the other Prelates came before the King in Parlement with great Humility and made full Protestation That their intire and full Intention was and always should be That his Royal Estate and Royalty should be always saved and preserved without diminution 9 Ibm. The Arch-Bishops and Bishops make Protestation the King's Royalty ought to be preserved They beg the Life Body and Custody of Thomas Haxey which were granted them Et maintenant apres de Juggement rendu devers Thomas Haxey Clerc en Parlement a la mort come traitour viendrent avant le Roy en Parlement ovek grant humilite Lerceveque de Canterbris touz les autres Prelates firent plein protestation que lour entier plein intention â—est tout dis serraque le Royal Estate Regalie du Roy soit tout dis savez Gardez sanz Blemissement And then they pray the King to give them the Life of Thomas Haxey and the Custody of his Body not as of right belonging to them but of his special Grace Both which the King granted The King by assent 1 Ib. n. 40. and Stat. at Large 20 Rich. II. Cap. 6. Sir Robert Belknap c. called out of Ireland of the Lords Spiritual and Temporal and the Commons of his Special Grace granted to Robert Belknap John Holt and William Burgh Knights Banished into Ireland that they might return into England and practise Law there without impeachment notwithstanding the Statute made in the Eleventh year of the King's Reign saving always against them all the other Points contained in the Statute In the 21st of King Richard's Reign 2 Clause 21 Rich. II. Part 1. M. 27. Dors he summoned a Parlement A Parlement summoned to meet on the Monday after the Exaltation of Holy Cross or 14th of September It was made into a 3 Stat. at Large 21 R. II. Cap. 1 Holy Church the Lords and all Comonalties to enjoy their Liberties and Franchises Statute this Parlement That Holy Church the Lords Spiritual and Temporal and all Cities Burghs and other Commonalties of the Realm should have and enjoy all their Liberties and Franchises as they had reasonably had and enjoyed them in the time of his Noble Progenitors Kings of England For that several Judgments were heretofore undone 4 Rot. Parl. 21 Ric. II. n. 9. because the Clergie were not present the Commons prayed the King they might appoint a general Proctor who might have sufficient Authority to act for them The Two 5
Duke and Earls would have come and marched to have searched out the King if he could be found in England and to have killed a very great Number of his Lieges and to have accomplished their evil Purpose and Intent if they had not been disturbed by the Honourable Persons of the King's Blood Henry of Lancaster Earl of Derby and Thomas de Mowbray Earl of Nottingham conceiving and understanding the Actions of the Duke and Earls were notoriously against their Legiance and the Estate of the King and therefore willing to do their Duty to him departed from their Company and came to the Honourable Presence of the King It would please him the Commons having specially recommended the Persons of the Earls of Derby and Nottingham to him openly to declare in this Parlement their Estate Name and Fame and the Loyal Behaviour of them lour Estate le The King's Kindness and Favour to them Noun le Fame le Loyal Port de eux Whereupon the King sitting in his Royal Dignity in Parlement answered This matter was better known to him than any other and witnessed and declared the good Behaviour Loyalty and Fame of the Two Earls and held them for Loyal Lieges and that they should be reported for such amongst all his Lieges through the Realm and that they should be excused without Impeachment Molestation or Grievance for the Cause aforesaid in any time to come And further That the King by Assent and Advice of all the Lords in Parlement and at the Prayer of the Commons Ordained and Established That this Declaration and Grant should have the force of and be holden for a Statute That all Judgments * Ibm. n. 32. Ordinances Declarations and Establishments of this Parlement shall have the force of Statutes On Michaelmas-Day being Saturday 7 Ib. n. 35. Henry Earl of Derby created Duke of Hereford Several others created Dukes and Earls the King in Parlement Created Henry Earl of Derby Duke of Hereford Edward Earl of Roteland Duke of Albemarle Thomas Holland Earl of Kent Duke of Surrey John Holland Earl of Huntington Duke of Excester Thomas Mowbray Earl of Nottingham Duke of Norfolk The same Day John Beaufort Earl of Somerset was Created Marquess of Dorset Thomas de Spenser Earl of Glocester Ralph Nevill Earl of Westmerland Thomas Percy Earl of Worcester and William le Scrop Earl of Wiltshire On the same Day the King 8 Ibm. n. 36. The Parlement adjourned to Shrewsbury Adjourned the Parlement unto the 15th of St. Hillary or 27 of January next coming to Shrewsbury all things to remain in the same Condition they were to be there finished and determined The next Day being Sunday 9 Ibm. n. 37. The Lords Spiritual and Temporal Swear before the King the Lords Spiritual and Temporal after Mass Celebrated in the Abby-Church at Westminster upon the Altar before the Shrine of St. Edward made Oath in the presence of the King in the Form following The Prelates first saving the Honesty of their Estate savant L'oneste de lour Estat That is to say The Arch-Bishop of York The Bishops first The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Duresme The Bishop of Salisbury The Bishop of Excester The Bishop of Bangor The Bishop of Worcester The Bishop of Hereford The Bishop of Chichester The Bishop of St. Asaph The Bishop of Carlile The Bishop of Landaf The Prior of St. John of Jerusalem The Abbat of Westminster The Abbat of Canterbury The Abbat of St. Albans The Prior of Canterbury The OATH You shall 1 1 Ibm. n. 38. Append. n. 109. Swear That well and truly you shall Hold Sustain and Maintain without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made or given in this Parlement without doing any thing to the contrary of any of them or the Dependencies on or Parcel of them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Royalty Liberty and the Right of his Crown And so soon as they had Sworn the Lords 2 Ibm. n. 39. The Lords Temporal take the same Oath Temporal in the same Place in the Presence of the King made the same Oath that is to say The Duke of Guyen and Lancaster The Duke of York The Duke of Hereford The Duke of Albemarle The Duke of Surrey The Duke of Excester The Duke of Norfolk The Marquess of Dorset The Earl of Oxford The Earl of Stafford The Earl of Northumberland The Earl of Salisbury The Earl of Glocester The Earl of Westmerland The Earl of Worcester The Earl of Wilts The Lord de Camoys The Lord de Bourgchier The Lord de Powys The Lord Fitz-Walters The Lord de Roos The Lord de Harrington The Lord de Burnell The Lord de Berkely The Lord de Darcy The Lord de Willonghby The Lord Grey of Codnore The Lord Grey of Ruthin The Lord de Scales The Lord de St. Amand The Lord de Furnivall The Lord de Ferrers The Lord de Seymour The Lord de Lovell The Lord de Bardolph The Lord de Morley William Beaumont Lord of Burgavenny Ralph de Cromwell Ralph de Lumly Philip le Dispenser And did Swear further in these Words 3 Ibm. n. 40. Append. n. 110. You shall Swear That in time to come you shall never suffer any Man living to do any thing contrary to the Statutes Establishments Ordinances and Judgments made or given in this present Parlement The Additioal Oath of the Lords Temporal nor to any Dependencies on or Parcell of them And if any one shall do so and be duly Convicted you shall use your entire Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High and False Traitor to the King and Kingdom saving to the King his Regalie or Royalty Liberty and Right of his Crown Then the King asked the Knights of Shires there present for the Parlement If they 4 Ibm n. 41. The Knights of Shires affirm the said Oaths would hold and keep the same Oath Who promised with loud Voices to keep it holding up their Hands on high as a Sign of their Affirmance of their said Oaths And immediately after Monsieur Thomas de Percy 5 Ibm. n. 42 43. Sir Tho. Percy made the same Oath for the Clergy made the same Oath the Lords Temporal had made for and in the Name of the Clergy as their Procurator General and by Authority abovesaid This done the King the Prelates and Lords Temporal 6 Ibm. The great Excommunication pronounced against any one should do contrary to the Premisses went from the Shrine of St. Edward and came before the High Altar of the Church and there for the
them to the Parlement which was to begin on the Monday next after the Exaltation of Holy Cross or 14th of September which was that Year on the Friday so as the Parlement began the 17th of that Month. First the Bill 6 Ibm. The Effect of the Bill of Appeal and the Articles against them sets forth That the Duke of Glocester and Earl of Arundel designing to accroach and have the Government of his Royal Person and Kingdom his Liberties and all his Dignities as well within the Kingdom as without when the Parlement sate at Westminster in the 10th Year of his Reign sent a Peer of the Land to him who on their Behalf and by their Command told him That if he would not Consent to make to Them and Others they should Name such a Commission whereby they might have the Government as above he should be in Danger of his Life and the Lords and Commons of Parlement would depart without his Leave and then he should see in what a strait Condition he would be in So that by their Power and for Fear he granted such a Commission as they desired And then follows the Commission Dated at Westminster Nov. 19. in the 10 of his Reign by virtue whereof the Commissioners took the Government upon them Also 7 Ibm. the Duke and Earl of Arundel to accomplish their Traiterous Purpose and to have your Person ordered as they pleased and the Government of your whole State Laws Majesty and Dignity prevailed with Thomas Earl of Warwic and Thomas Mortimer to join with them in their Traiterous Design who by Agreement as Traitors to the King and Kingdom all met and assembled on the 13th of November in the 11th Year of your Reign at Haringay in Middlesex with a great Number of People Armed and Arrayed And made divers of your Liege People in several Parts of your Realm to rise and march with them against you contrary to their Legiance And would not come before your Presence until they were secured by your Oath they might come and return safely which notwithstanding they all came before you in your Palace at Westminster with great Force of Armed Men and traiterously Constrained you to take them into your safe Protection against your Will Also 8 Ibm. the Duke the Earls of Arundel and Warwic and Thomas Mortimer continuing their Traiterous Purpose by Force of People did take and imprison divers of your Liege People and amongst others Sir Simon Burley and brought him to your Parlement held on the morrow of the Purification in the 11th of your Reign and there suggested divers Points of Crime and Treason against him And the Advice of every Lord then present was asked concerning the Crimes of the said Simon and afterwards the Duke and Earls would know your Advice or Opinion voloint savoir vostre avys and you answered plainly He was not Guilty in any Point objected against him And after that the Duke and Earls caused you to come into a secret Place at Westminster and shew you the Points of the Crimes abovesaid To whom you then answered The said Simon was not any ways Guilty of any of those Points And there they took upon them traiterously to have you constrained to have consented to the Judgment they designed against him and you would not consent to any Judgment to be given against the said Simon Yet nevertheless â—â—e said Duke and Earls took upon them Royal Power in Prejudice of you and in Derogation of your Crown and without your Assent and contrary to your Will in your Absence and in the Absence of many other Peers of Parlement without their Assent and against their Wills awarded the said Simon should be Drawn Hanged and Decollated and thereupon they caused his Head to be struck off traiterously against your Peace Crown Majesty and Dignity Also 9 Ibm. the foresaid Duke Earls and Thomas Mortimer continuing their Malicious False and Traiterous Purpose and Force at Huntington on Thursday after the Feast of St. Nicholas or 6th of December in the said 11th Year Traiterously agreed and intended to have gone with their Force to any Place of the Kingdom where they might have found you to have surrendred to you their Homage Liege and to have Deposed you and this they would have done had they not been hindred by Henry de Lancaster Earl of Derby and Thomas Mowbray Earl of Nottingham And the Duke and Earls continuing their Traiterous Intention and Force by Agreement between them caused the Records in your Treasury of the Time of your Great Grandfather King Edward to be searched how he Demised himself of his Crown or Quitted his Crown and they shew to you in Writing the Causes of the Demise of his Crown in your Palace at Westminster in the time of Parlement in the 11th Year coment vostre dit besail soy demyst de sa Coroun monsterent en escript a vous tres redoute Sr. les causes del demys de sa Coroun deinz vostre Royal Palyes de Westminster a dit Parlement lan unzisme And they said falsly and traiterously That they had Cause sufficient to Depose you but for the Reverence they had for your most Noble Grandfather and most Noble Father And said also That in hopes of your better Government they would suffer you to continue in your Royal Estate and Regalty Which 1 Ibm. Treasons so imagined or contrived done and perpetrated by the foresaid Duke Earls and Thomas Mortimer against your Royal Person Estate Majesty and Dignity as is above declared We Appellants there named your Loyal Lieges have been and are ready to prove against the said Duke the Earls of Arundel and Warwic and Thomas Mortimer as you most Dread Lord and this High and Honourable Court your Parlement shall Order Thus far the Articles of the General Appeal against these Four Persons Which having been read 2 Ibm. the Appellants prayed the King the Appealed might be brought before him in Parlement to make their Answer And accordingly Ralph Lord Nevill Constable of the Tower there present had Order to bring before the Parlement Richard Earl of Arundel then his Prisoner and did so on the 21st of September On the fourth Day of the Parlement The Trial of the Earl of Arundel when by Command of the King and the Peers the Duke of Lancaster Steward of England told him That he was Appealed of divers High Treasons and the Appeal having been read to him his Answer That he had a General Pardon in the Parlement holden His Plea in the 11th of the King's Reign and a Charter of Pardon made to him within six Years and prayed the Allowance of them To whom it was said by the Duke of Lancaster by Command of Over-ruled the King and Advice of all the Peers of Parlement That the Pardon made in the 11th Year was made by constraint upon the King by the Duke Earls and others of their Party accroaching to themselves
Droiturel Naturel Soveraign Seigneur de sa Grace especial prist la Batail en sa mayn And it was said to the Duke of Hereford That the King by full Advice Authority The King by Advice of those who had the Authority of Parlement stayed the Battel And banish'd the Duke of Hereford for 10 years Note the Duke of Hereford's Father John Duke of Lancastir was chief in this Advice and Judgment 6 Ibm. The Duke of Norfolk banished by the same Advice and Authority and Assent of Parlement le Roy par plein Avys Auctorite Assent du Parlement Willed or Ordained and Adjudged for the Peace and Tranquillity of him his Kingdom and Subjects and to eschew Debates and Troubles especially between the Dukes their Friends and Well-willers That the Duke of Hereford should go out of the Kingdom for Ten Years and be gone within Eight Days after the Day of St. Edward the Confessor or 13th of October upon pain to incur Treason by Authority of Parlement Also it was Ordained by Authority and under the pain aforesaid That the Duke of Hereford should not come in the Company of Thomas Duke of Norfolk nor of Thomas Arundel nor send or cause to be sent or receive or cause to be received by Message or otherwise to or from either of them It was then also 6 said to the Duke of Norfolk That forasmuch as at Windsor the 29th of April in the 21st of the King he had confessed certain Points of the Appeal or Schedule abovesaid which he had denied at Oswaldstre on the 23d of February foregoing which were very likely to have bred great Trouble within the Kingdom The King desiring to punish as Rightful Lord all such as were the Authors of such Troubles and Debates and also willing to avoid the Occasions of them Adjudged and Ordained by the same Advice Authority and Assent of Parlement That Thomas Mowbray Duke of Norfolk should void his Realm voidera son Roialme for term of Life and that he shall be out of the Kingdom by the 20th of October next coming and remain in Germany Bohemia and Hungary and in other Parts of Christendom upon pain to incur Treason by Authority aforesaid and that he should not come in the Company of the Duke of Hereford nor of Thomas Arundel nor send or receive c. as before in the Duke of Hereford's Case upon the same pain And it was Ordained by Authority of Parlement as above That if either of the Dukes or any other do procure any thing to be done against the least point in the Ordinance or what was done on the 16th of September shall incur the pain of Treason as if it had been done against any Ordinance of the Parlement begun at Westminster and adjourned to Shrewsbury or if they or any other for them shoulk seek for any manner of Pardon or Licence to return home they were to incur the same pain by the same Authority On Tuesday on the morrow of St. Edward the 14th of October next following the King with the 7 Stat. at Large 21 Ric. II. c. 16. These things though in the 22d year are entred on the Parlement Roll 21st as part of that Parlement Ordinances and Statutes made at Bristol Dukes of Lancaster York Albemarle Surrey and Excester the Marquess of Dorset the Earls of March Salisbury and Glocester John Bussy Henry Green and John Russel by Virtue and Authority to them committed in Parlement at Bristol made certain Ordinances and Statutes Five whereof are printed in the Statutes at Large Cap. 16 17 18 19 20. the last whereof relating only to our Purpose and varying in Print somewhat from the Roll I have added to it what was wanting Also the King on the same Tuesday on the morrow of St. Edward by the same Assent of the Lords and Knights of Counties so assigned by the said 8 Rot. Parl. 21 Ric. II. n. 85. so entred though it was in the 22 Ric. II Not to be repealed under pain of Treason Authority of Parlement doth Ordain That every Person that procureth or pursueth to Repeal or Reverse any of the said Statutes or Ordinances made by the King by the Assent of the said Lords and Knights assigned by Power and Authority of Parlement and that duly proved in Parlement shall be Adjudged and have Execution as a Traitor to the Kingdom in like manner as they which Pursue or Procure to be Repealed the Statutes and Ordinances made during the time of the said Parlement After this Provision made for the sure keeping of the Statutes The Oaths of the Bishops and Lords enlarged and Ordinances made by the King with the Assent of the Lords and Knights assigned by Power and Authority of the Parlement the Oath of the Bishops when they received their Temporalties of the Temporal Lords when they had Livery of their Lands and Tenements were enlarged with these Additions To the Bishops Oath was added 9 Ibm. n 86. The Additions to the Bishops Oath You shall Swear That well and truly vous jurez que Bien Loyalment Tendrez Sustendez Esterrez sanz fraud on mal Engyn ove touz les Estatutes Establishments Ordenances Jugements faits c. you will Hold Vphold and Stand with without Fraud or Deceit all the Statutes Establishments Ordinances or Judgments made and rendred in the Parlement summoned and begun at Westminster on the Monday next after the Exaltation of Holy Cross in the Year of the Reign of our Lord King Richard II. after the Conquest Twenty one and from thence adjourned to Shrewsbury to the Quinden or 15 Days after St. Hillary then next coming and there ended And also all the Statutes and Ordinances made after the said Parlement by the King and Lords and Knights of Shires coming for the Commons to that Parlement without going or doing to the contrary of any of them or the Dependants on or Parcel them nor that you will ever Repeal Revoke Cassate make Void Reverse or Adnull nor ever suffer them to be Repealed Revoked Cassated made Void Reversed or Adnulled so long as you live saving to the King his Regaly Liberty and Right of his Crown To the Oath of the 1 Ibm. Temporal Lords was this further Addition You shall Swear That you will never suffer in time to come any Man The Addition to the Oath of the Lords Temporal living to go or do anything to the contrary of any of the Statutes Establishments Ordinances and Judgments above-said nor any Dependants on or Parcell of them And if any one shall do so and be thereof duly Convict you shall use your utmost Power and Diligence without Fraud or Deceit to prosecute him before the King and his Heirs Kings of England and cause him to have Execution as an High Traitor to the King and Kingdom saving to the King is Regalie Liberty and Right of his Crown At Handenstank on the 26th of October this Year Commissioners A.
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
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
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
and zour own Writing upon which ze made and ordeyned zour Procurators the Ersbysshopp of Zork and the Bysshopp of Hereford for to notifie and declare in zour Name thes Renunciacion and Cession at Westmynstre to all the Stotes and all the People that was ther gadyrd bycause of the Sommons forsayd the whiche was done zesterday by thes Lordes zour Procuratours and wele herde and understonden thes Renunciation and Cession were pleinelich and frelich accepted and fullich agreed by all the States and People forsayd And over this Sire at the instance of all thes States and People there were certain Articles of Defauts in zour Governance redde there and though we le herd and pleinelich understonden to all the States forsayd hem thoght hem so trewe and so notoric and knowen that by the Causes and by mo other os thej sayd and having consideration to zour owne Wordes in zour own Renunciacion and Cession that ze were not worthy no sufficient ne able for to Govern for zour owne Demerites os it is more pleinerlich contened therein hem thoght that wos reasonable und cause for to Depose zowe and her Commissaries that her made and ordeined os it is of Record ther declared and decreed and adjudged zowe for to be Deposed and Pryved and in dede Deposed zowe and Pryved zowe of the Astate of Kyng and of the Lordeship contened in the Renunciacion and Cession forsayd and of all the Dignity and Wyrsshipp and of all the Administration that longed therto And we Procuratours to all these States and People foresayd os we be charged by hem and by hir Auctorite gyffen us and in her Name zelde zowe uppe for all the States and People soresayd Homage Liege and Feaute and all Legeance and all other Bondes Charges and Services that longe therto And that non of all thes States and People fro this tyme forward ne bere zowe Feyth ne do zowe Obeysance os to thar Kyng And he answered and seyd That he loked not therafter but he seyd That after all this he hoped that is Cosyn wolde be good Lord to hym And further to compleat his Design on the 1 Rot. Claus 1 Hen. IV. part 1. M. 37. Dors Summons of Parlement 30th of September he by Information of the Arch-Bishop That by the Acceptation of the Renunciation of King Richard his Cession and Deposition this Parlement was determined issued in his own Name Writs to the Lords and for Elections of Members Knights Citizens and Burgesses of the House of Commons to meet on Monday next following being the Day of St. Faith and all this to be done and Returns made in six Days time So as these were the same Members who had been Summoned by King Richard to meet on the morrow of St. Michael as appears beyond Contradiction from the Writs 2 Append. n. 114. for their Expences which were Dated on the 19th of November the last Day of the Parlement and they were allowed their Expences for Fifty one Days besides the time of coming to and returning from Parlement in which Fifty one Days was included the 30th of September and all the Days between that and St. Faith's Day the 6th of October to make up the Number In this Parlement 3 Rot. Parl. 1 Hen. 4 n. 1. Pronunciation du Parlement or Declaration of cause of Summons The Cause of Summons Summoned and Holden at Westminster by King Henry IV. on Monday the Day of St. Faith which was the 6th of October in the first Year of his Reign sitting on his Royal Seat in the Great Hall at Westminster in the Presence of him and all the Lords Spiritual and Temporal and Commons and many other Gentlemen and Commons in great Number Thomas de Arundel Arch-Bishop of Canterbury declared the Cause of Summons and rehearsed how on Tuesday last past on the morrow of St. Michael King Richard II. after the Conquest summoned his Parlement to be then holden which Summons was of no force or effect by reason of the Acceptation of the Renunciation made by King Richard and the Deposing of him as without doubt he had informed King Henry before he issued his Writs for this Parlement And then proceeds That on the same Tuesday 4 Ibm. n. 2. in Presence of King Henry the Lords Spiritual Temporal and Commons he shewed that this Honourable Kingdom of England being the most abounding Angle with Riches had been a long time Governed by Children and the Counsels of young People so as the Kingdom was in point of Perdition and great Desolation and Mischief mightily to be lamented if it had not been that Almighty God of his Great Grace and Mercy had sent a Knowing and Discreet Man for the Government of the Nation who by the Aid of God will be Governed and Counselled by the Sages and Ancients of his Kingdom for the Aid and Comfort of himself and the whole People And said further That Men ought especially to consider how this Honourable Kingdom could so long continue under such mischievous Government Waste and Destruction which if it had been under Good and Just Government by Sage and Sufficient Counsel as it ought of Right it would have been in Riches Goods and other Advantages the most considerable of any Kingdom in the World 5 Ibm. n. 3. Et sur ceo mesme Lercevesque prist pur son Theame le Parole de Machabeorum primo in disent Incumbit nobis ordinare pro Regno And then the Arch-Bishop took for his Theme the Words in the first of Machabees saying Incumbit nobis ordinare pro Regno 1 Mac. Chap. 6. Vers 57. They are the last Words of a very long Verse and nothing to his Purpose nor what went before or what follows after The English Version is thus The Affairs of the Realm depend upon us But to go on with his Harangue Incumbit nobis ordinare pro Regno cest a dire c. That is to say It is the King's Will to be Counselled and Governed by the Honourable Sages and Discreet Persons of his Kingdom and by their Common Counsel and Assent do the best for the Government of himself and his Realm not desiring to be Governed by his own Will voluntary Purpose or singular Opinion but by Common Advice Counsel and Assent as abovesaid And the same Archbishop said further mesme Lercevesque dit outre There was not such a Kingdom in the World that could live without the Assistance of other Kingdoms so Honourably so Graciously and so Fully si honourablement ne graciousment ne plentiousment as might the Honourable Kingdom of England which God keep safe and maintain 6 Ib. n. 4. And upon this he alledged certain Authority saying Quod inter omnia regna hoc principatum tenet Of all Kingdoms this is the chief and shewed That to the Government of every Kingdom Three things especially were required that is to say Justice The Observation of the Laws And that every Person should rule
and govern himself according to his Estate and Degree alledging many Causes for which this Kingdom ought to be graciously cherished and held in the greatest Honour And said further it was the King's Will to make good these Three things by the help of God and further said That it was the King's Will in especial that Holy Church should have and enjoy all her Liberties and Franchises and that all the good Statutes and Ordinances made in the time of his Noble Progenitors should be firmly observed and kept and that all the Lords Spiritual and Temporal Cities and Burghs and all others should have and enjoy their Liberties and Franchises according to the Grants made by his Noble Progenitors abovesaid And that no Man ought to speak of or Censure any thing done this Parlement for it was the Will of the King in his Faith and Conscience to do equal Justice to all Parts according to the Will Ayd and Grace of God given unto him This was the Arch-Bishops Discourse upon his Theme 7 Ib. n. 5. And then he told the Lords and Commons That on Monday next King Henry by the Grace of God purposed to be Crowned at Westminster for the Performance of which Solemnity Advice and Deliberation ought to be had in divers manners the mean time and therefore on behalf of the King he requested them to continue the Parlement de continuer cest Parlement until Tuesday the Morrow after the Coronation and after that day forward the King would use his Diligence for the Exploit of Parlement que de celle jour en avant mesme le Roy ferroit sa diligence pur lesploit de Parlement that is for the Dispatch of Parlement Business Whereupon by the King's Command Henry Percy Earl of Northumberland and Constable of England asked all the Lords Spiritual and Temporal and Commons if they agreed to the Continuance who severally Examined queux ont severalment examinez agreed to the said Continuance After this follows the Names of the Triers of Petitions in Parlement and the whole Process against Richard the Second tho Transacted on Michaelmass-Day and the day following a Week before this Parlement began as hath been shewn And immediately the 8 Rot. Parl. 1 Hen IV. n 66. The Parlement 21st of Rich. II. annulled whole Parlement of the 21st of Richard the Second with all Circumstances and Dependences thereupon were revoked and annulled for ever And the Parlement holden 9 Ib. n. 67. The Parlement of the 11th of Richard II. confirmed in the Eleventh year of King Richard the Second was revived and confirmed to be kept according to the effect and purport of the same as being for the good and common profit of the Kingdom pur le bien comune profit du Roialme The Lords and others 1 Ib. n. 68. The Lords and others Judged 21st of Rich. II. restored c. and their Heirs c. that were fore-judged in the 21st of Richard the Second are restored to the same State and Condition they were in at the time of their Judgments given Upon 2 Ib. n. 71. Henry's Eldest Son made Prince of Wales and Heir of the Crown the Motion of the Arch-Bishop of Canterbury the Lords and Commons having severally been asked about the King's Eldest Son answered and assented That Henry his Eldest Son should be made Prince of Wales Duke of Cornwall and Earl of Chester and also if his Father should dye he being alive they would accept him as Right Heir of the Kingdom and Crown and obey him as their King and Liege On Thursday the 23d of October 3 Append. n. 115. the Arch-Bishop of Canterbury on behalf of the King charged all the Lords Spiritual and Temporal and all others there being upon their Allegiance that what should be then spoken or propounded should be kept secret and no ways discovered to any Man living and then it was demanded by the Earl of Northumberland for the security of the King and all the Estates of the Kingdom what should be done with King Richard to keep him in safe-guard saving his Life which the King would have done by all means To which Question all the Lords Spiritual and Temporal whose Names do there 4 See Appen as above King Richard ordered to be imprisoned follow being severally Examined answered it seemed to them he should be put into safe and secure Guard and in such a Place where there was no Concourse of People and that he be kept by sure and sufficient Persons and that none that had been Servant to him should be about his Person and this should be done in the most secret manner that might be Upon propounding this Question Thomas Merks Bishop of Carlisle gave his Reasons against these Proceedings in the following The Bishop of Carlisle's Speech thereupon Speech as it is to be found in the First Part of Sir John Hayward's 5 P. 100 101 102 c. The Speech Life of Henry the Fourth Printed at London 1599. This Question Right Honourable Lords concerneth a Matter of great Consequence and Weight the determining whereof will assuredly procure either safe Quiet or dangerous Disturbance both to our particular Consciences and also to the Common State Therefore before you resolve upon it I pray you call to your Considerations these Two things First whether King Richard be sufficiently Deposed or no Secondly whether King Henry be with good Judgment or Justice chosen in his Place For the first Point we are to Examine Whether a King being lawfully and fully instituted by any just Title may upon imputation either of Negligence or of Tyranny be Deposed by his Subjects Secondly What King Richard hath omitted in the one or committed in the other for which he should deserve so heavy Judgment I will not speak what may be done in a Popular State or in a Consular in which although one beareth the Name and Honour of a Prince yet he hath not Supream Power of Majesty but in the one the People have the highest Empire in the other the Nobility and Chief Men of Estate in neither the Prince Of the first sort was the Commonwealth of the Lacedemonians who after the Form of Government which Licurgus framed often-times Fined oftentimes Fettered their Kings and sometimes Condemned them to Death Such were also in Caesar's time the Petty King 's of every City in France who were many times Arraigned upon Life and Death and as Ambiorix Prince of Leodienses confesseth had no greater Power over the People then the People had over them Of the second Condition were the Roman Tranquil in Caligula Tacitus in prooemio Emperours at the first of whom some namely Nero and Maximinus were openly condemned others were suddenly surprized by Judgment and Authority of the Senate and such are now the Emperours of Germany whom the other Princes by their Aristocratical Power do not only restrain but sometimes also remove from their Imperial State Such are also
If a Murderer If for all excess of Villanies odious and execrable both to God and Man Surely he deserveth the highest degree of Punishment and yet must not the Son lift up his Hand against him for no Offence is so great as to be punished with Parricide but our Country is dearer unto us then our Parents and the Prince is Pater Patriae the Father of our Country and therefore more Quintil. in declam offic lib. 1. sacred and dear to us then our Parents by Nature and must not be violated how Imperious how Impious soever he be Doth he Command or Demand our Persons or our Purses we must not shun for the one nor shrink for the other for as Nehem. 9. 37. Nehemiah saith Kings have Dominion over the Bodies and over the Cattle of their Subjects at their Pleasure Doth he enjoin those Actions which are contrary to the Laws of God we must neither wholly obey nor violently resist but with a constant Courage submit our selves to all manner of Punishment and shew our Subjection by Enduring and not Performing Yea the Church hath declared it to be an Heresie to Alphonsâ— a Castro in lib. de haeresi in Verb Tyrannus Dom. Sâ—to lib. 5. de just jure hold that a Prince may be Slain or Deposed by his Subjects for any Disorder or Default either in Life or else in Government there will be Faults so long as there are Men and as we endure with Patience a Barren year if it happen and unseasonable Weather and such other Defects of Nature so must we tolerate the Imperfections of Rulers and quietly expect either Reformation or else a Change But alass good King Richard what such Cruelty What such Impiety hath he ever committed Examine rightly those Imputations which are laid against him without any false Circumstance of Aggravation and you shall find nothing objected either of any Truth or of great Moment It may be that many Errours and Oversights have escaped him yet none so grievous to be termed Tyranny as proceeding rather from Unexperienced Ignorance or Corrupt Counsel than from any Natural and Wilful Malice Oh! how shall the World be pestered with Tyrants if Subjects may rebel upon every pretence of Tyranny How many good Princes shall daily be suppressed by those by whom they ought to be supported If they Levy a Subsidy or any other Taxation it shall be claimed Oppression If they put any to Death for Traiterous Attempts against their Persons it shall be exclaimed Cruelty If they do any thing against the Iust and liking of the People it shall be proclaimed Tyranny But let it be that without Authority in us or Desert in him King Richard must be Deposed yet what Right had the Duke of Lancaster to the Crown Or what Reason have we without his Right to give it to him If he make Title as Heir unto King Richard then must he yet stay until King Richard's Death for no Man can succeed as Heir to one that Liveth But it is well known to all Men who are not either wilfully Blind or grossly Ignorant that there are some now alive lineally descended from Lionel Duke of Clarence whose Offspring was by Judgment of the High Court of Parlement holden the Eighth year of the Reign of King Richard declared next Successor to the Crown in case King Richard should die without Issue Concerning the Title from Edmund Crouchbacke I will pass it over seeing the Authors thereof are become ashamed of so absurd Abuse both of their own Knowledge and our Credulity and therefore all the Claim is now made by Right of Conquest by the Cession and Grant of King Richard and by the general Consent of all the People It is a bad Wooll that can take no colour but what Conquest can a Subject pretend against his Sovereign where the War is Insurrection and the Victory High and Heinous Treason As for the Resignation which King Richard made being a pent Prisoner for the same Cause it is an Act exacted by force and therefore of no force or validity to bind him and seeing that by the Laws of this Land the King alone cannot alienate the ancient Jewels and Ornaments pertaining to the Crown surely he cannot give away the Crown it self and therewithall the Kingdom Neither have we any Custom that the People at Pleasure should Elect their King but they are always bound unto him who by right of Blood is right Successor much less can they confirm and make good that Title which is before by Violence usurped for nothing can then be freely done when Liberty is once restrained by fear So did Scilla by Terrour of his Legions obtain the Law of Velleia to be made whereby he was created Dictator for Fourscore years and by like Impression of Fear Caesar caused the Law of Servia to be promulged by which he was made Perpetual Dictator but both these Laws were afterwards adjudged void As for the Deposing King Edward the Second it is no more to be urged than the Poysoning of King John or the Murdering of any good and Lawful Prince We must live according to Laws and not to Examples and yet the Kingdom was not then taken from the Lawful Successor But if we look back to Times lately past we shall find that these Titles were more strong in King Stephen then they are in the Duke of Lancaster for King Henry the First being at large Liberty neither restrained in Body nor constrained in Mind had appointed him to succeed as it was upon good Credit certainly affirmed the People assented to this Designment and thereupon without Fear and without Force he was Anointed King and obtained full Possession of the Realm Yet Henry Son of the Earl of Anjowe having a nearer Right by his Mother to the Crown notwithstanding his Father was a Stranger and himself born beyond the Seas raised such rough Wars upon King Stephen that there was no end of spoiling the Goods and spilling the Blood of the unhappy People besides the ruines and deformities of many Cities and Holds until his Lawful Inheritance was to him assured It terrifieth me to remember how many Flourishing Empires and Kingdoms have been by means of such Contentions either torn in pieces with Intestine Division or subdued to Foreign Princes under Pretence of Assistance and Aid and I need not repeat how sore this Realm hath heretofore been shaken with these several Mischiefs and yet neither the Examples of other Countries nor the Miseries of our own are sufficient to make us to beware O Englishmen worse bewitched than the foolish Galathians Our unstayed Minds and restless Resolutions do nothing else but hunt after our own Harms No People more Hated Abroad and none less Quiet at Home In other Countries the Sword of Invasion hath been shaken against us in our own Land the Fire of Insurrection hath been kindled amongst us And what are these Innovations but Whetstones to sharpen the one and Bellows to blow up the
he was True Pope and as so and Head of Holy Church ought to be Accepted and Obeyed And to this all the Prelates Lords and Commons Agreed The next Year the People 3 Stat. at Large 3 Ric. II. c. 3. Complained and Petitioned shewing That Cathedral and Collegiate Churches Abbeys and Priories and other Benefices of the Kingdom were filled with Men of another Language and of strange Lands and Nations and sometimes Enemies of the King and Kingdom which never made Residence in the same or perform'd the Charge thereof Whereupon the King by Advice and Common Assent of all the Lords Temporal Ordained That none of his Liege People of what Condition soever they were should take or receive any Procuracy Letter of Attorney Farm or other Administration by Indenture or in any other manner of any Benefice within England but only of the King's Subjects without his special Licence by Advice of his Council nor send out of the Kingdom any Gold Silver or other Treasure or Commodity by Bill of Exchange Merchandise or any other manner And those that did the contrary to incur the Pain and Punishment contained in the Statute of Provisors This Prohibition upon Complaint and Petition of the Commons by Assent of the King and Lords Temporal proved ineffectual for the End intended and therefore it was reinforced And it was agreed by the King in his 7th Year the Lords Temporal and Commons that the same 4 Ib 7 Ric. II. c. 12 Roi. Paâ—l 7 Ric. n. II. 49. Statutes shall keep his Force and Effects in all Points and that all Aliens that have purchased or shall purchase any Benefice Dignity or Thing of Holy Church and in his Proper Person take Possession of the same or use it himself within the Kingdom to his own Benefit or of any other without special Licence of the King shall be comprised in the same Statute But this Reinforcement had not its due Effect 5 Ibm. 12 Ric. II. c. 15. and therefore it was Ordained and Assented That no Liege-man of the King of what Estate or Condition that he be great or little should pass over the Sea or send out of the Realm of England without special Leave of the King himself to provide or purchase for himself Benefice of Holy Church with Cure or without Cure And if any do and by virtue of such Provision accept by him or any other any Benefice of the same Kingdom that at that time the same Provisor shall be out of the King's Protection and the same Benefice void so that it should be lawful to the Patron as well Spiritual as Temporal to present to the same an able Clerc at his Pleasure Nor could this hinder Provisions Gifts and Sale of Benefices of all sorts by the Pope for in the 6 Ibm. 2d Statute made 13 Ric. II. c. 2. Rot. Parl. n. 32. next Year the Commons require the King the Statute of Provisors made in the 25th of Edward I. might be recited in Parlement and then it was Ordained and Established That if any make Acceptation of any Benefice of Holy Church contrary to that Statute and duly proved and be beyond Sea he should abide Exiled and Banished out of the Realm for ever and his Lands and Tenements Goods and Chattels forfeit to the King And if he be within the Kingdom he should be also Exiled and Banished and incur the same Forfeiture and avoid the Realm within six Weeks next after such Acceptation And if any one receive such Person after that six Weeks he shall be Banished and incur the same Forfeiture And it was then also 7 Ib. c. 3. Rot. Parl. n. 44. Ordained and Established That if any Man brought or sent within the Kingdom or the King's Power any Summons Sentence or Excommunication against any Person of what Condition that he be for the cause of making Motion Assent or Execution of the Statute of Provisors as above he should be Taken Arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and moreover incur the Pain of Life and Member And if any Prelate make Execution of such Summons Sentences or Excommunications That his Temporalties be taken and abide in the King's hands till due Redress and Correction be thereof made And if any Person of less Estate than a Prelate of what Condition that he be make such Execution he should be Taken Arrested and put in Prison and make Fine and Ransom by Discretion of the King's Council Notwithstanding this Care and these Laws made against the Pope's Practices in this Kingdom 8 Ibm. 16. Ric. II. c. 5. Rot. Parl. n. 20. the Commons in the Parlement in the 16th of this King shewed unto him grievously Complaining That forasmuch as he and all his Liege People ought of Right and of old time were wont to Sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to which they have Right to Present the Conisance of Plea of which Presentment belongeth only to the King's Court of the old Right of his Crown used in the time of his Progenitors Kings of England and when Judgment was given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual Persons which had Institution of such Benefices within their Jurisdictions were bound and had made Execution of such Judgments by the King 's Commands all the time aforesaid without interruption for no Lay Person could make such Execution and also were bound of Right to make Execution of many other of the King's Commands of which Right the Crown of England hath been peaceably seized until this Day But now of late divers Processes have been made by the Bishops of Rome and Censures of Excommunication upon certain Bishops of England because they had made Execution of such Commands to the open Disherison of the Crown and Destruction of the King his Laws and all his Kingdom if Remedy be not provided 9 Ibm. They further Complain of the Pope's Translation of Bishops from Bishoprick to Bishoprick and sending some out of the Kingdom who were fit to be of the King's Council and able to give him Advice without his Assent and against his Will 1 Ibm. So that the Crown of England which hath been so free at all times That it hath been in Subjection to no * So the Words in the Parlement-Roll 16 Ric. II. n. 20. Earhtly Sovereign but immediately Subject to God and to none other in all things touching the Regaly or Royalty of the Crown should be submitted to the Bishop of Rome and the Laws and Statutes of this Realm by him defeated and destroyed at his Will in perpetual Destruction of the King his Crown and Regaly and all his Realm which God forbid Wherefore they 2 Ibm. declare That they and all the Liege Commons of the Kingdom would be with the King his Crown and
Regaly in the Cases aforesaid and in all other Cases attempted against him his Crown and Regaly in all Points to live and die 3 Ibm. And further they pray the King and him require by way of Justice That he would ask all the Lords in Parlement as well Spiritual as Temporal severally and all the States of Parlement What they thought of the Cases aforesaid Whereupon the Lords Temporal so asked answered every one by himself That the Cases aforesaid were clearly in Derogation of the King's Crown and of his Regaly as it was well known and had been a long time known and that they would be with the Crown and Regaly in these Cases especially and in all others which shall be attempted against them in all Points with all their Power The Answer of the Lords Spiritual to the King's Demands much to the purpose of that of the Lords Temporal will best appear from the Arch-Bishop's Protestation so called upon the Parlement-Roll as 't is transcribed in the Appendix n. 118. and there translated After which Answers given 4 Ibm. the King by Assent of the Lords Spiritual and Temporal at the Prayer of the Commons Qrdained and Established That if any Purchase or Pursue or cause to be Purchased or Pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunications Bulls Instruments or any other things which touch the King against him his Crown Regaly or Kingdom as is aforesaid and they that bring them within the Realm or receive them or make thereof Notification or any other Execution within the Kingdom or without they their Notaries Procurators Maintainers Abetters Fautors and Counsellors shall be put out of the King's Protection their Lands and Tenements Goods and Chattels forfeited and also attached by their Bodies if to be found and brought before the King and his Council there to answer or that Process be made against them by Praemunire facias io manner as it is Ordained in other Statutes of Provisors After this there is nothing further that I have seen about these Controversies the Pope being quiet all his Reign yet I shall take notice of some things done by the King relating to these Affairs which were omitted in their due Place He caused James Dardain 5 Rot. Claus 12 Ric. II. M 39. Dors the Pope's Collector in England to Swear he would be Faithful to him and his Crown That he would not do permit or procure to be done any thing Prejudicial to him his Kingdom Laws and Rights And that he would not put in Execution any Papal Letters or Mandates or permit them to be put in Execution that were Prejudicial to the King his Regaly or Royalty Laws or Rights or to his Kingdom That he would not receive or publish any of the Pope's Letters but such as he should deliver to the King's Council as soon as he could That he would not send any Money or Plate out of the Kingdom unless he had special Licence from the King or his Council nor that he would introduce any Novelties by or without Command without the King's Licence And that he would keep the King's Laws and Rights without violation This Oath was taken August 27. in the 12th of Richard II. before his Council as appears by the Record it self Then he wrote to 6 Ib. 13 Ric. II. part 1. M. 17. De decimis Papae non solvendis William Arch-Bishop of Canterbury That he could not but know that he was bound by Oath for the Conservation of the Rights and Customs of the Kingdom and for the Indemnity and Right Government of his People and also that no Impositions upon the People could be made or levied any ways whatsoever without Common Counsel or Consent of the Kingdom And further That he had been Petitioned by the Commons lately assembled in Parlement at Westminster to provide Remedy against the Impositions upon the Clergy at that time published and exacted by the People And also that any one that should bring in any Pope's Bulls to levy such Impositions or create such Novelties not formerly used which might bring Damage to him or his Kingdom nor should publish such Impositions and Novelties or collect or levy them should be adjudged and suffer as a Traitor to him and his Kingdom And it was granted by him with Assent of the same Parlement nothing should be levied or paid that might tend to the Burthen and Damage of the Kingdom or Liege People This notwithstanding he was informed of a new Imposition upon the Clergy by the Pope which by his Authority or the Authority of his Suffragans by his Command was to be levied without Common Advice and Assent of the Kingdom which he might not suffer to be done saving his said Oath And then Commanded by the Faith in which he was bound to him and under forfeiture of all he could forfeit to revoke all that had been done for the levying and exacting of this Imposition and to return what had been paid and levied enjoining him not to pay or contribute any thing to this Subsidy or Imposition under the foresaid Faith and Forfeiture Witness the King at Westminster the 10th Day of October The like Writ and of the same Date 7 Ibm. was directed to the Arch-Bishop of York and all the other Bishops of England as also to the Guardians of the Spiritualities of the vacant Bishoprics and several Collectors of this Imposition The like Writ was likewise directed to James Dardain then the Pope's Nuncio Rex 8 Ibm. Jacobo Dardain Nuncio Domini summi Pontificis in Anglia c. to desist in exacting of this Imposition sub forisfactura Vitae Membrorum under the Forfeiture of Life and Members and all things he could forfeit Witness as before This Imposition was the Payment of a Tenth by the Clergy to the Pope by him laid upon them as appears by the Todding or Title of the Record De Decimis Papae non solvendis Concerning Tenths not to be paid to the Pope In the 14th of his Reign 9 Ibm. 14 Ric. II. M. 13. Dots De Proclamatione he caused Proclamation to be made through England to call from Rome under forfeiture of Life and Member and all they could forfeit many Persons that went thither to procure the Nulling and Vacating of divers Statutes made by him and his Progenitors with Consent of Parlement for the Common Profit of the Kingdom and to perpetrate many other Evils there to the Contempt and Prejudice of his Person to the great Damage of the Kingdom and People and to the manifest Cassation of the Laws and Customs thereof That they should be in England by the Feast of St. Martin in Winter or 11th of November at furthest And that no Man of what State or Condition soever he was should bring any Pope's Bulls Processes or Instruments for the Adnulling or Vacating of any the Statutes Laws or Customs aforesaid or obey them or put them in
this myn oth but as the words stonde And if it be so that I come agayn or do agayn this oth or any party thereof I yhelde me here cowpable as an Heretyk and to forfeit all my goods to the Kings will without any other process of Law and thereto I require the Notary to make of all this which is my will an instrument agayns me Et ex habundanti idem VVillielmus Dynett eodem die voluit recognovit quod omnia bona catalla sua mobilia nobis sunt forisfacta in casu quo ipse juramentum predictum seu aliqua in eodem juramento contenta de caetero contravenerat ullo modo And moreover the same VVilliam Dynett the same day granted and acknowledged that all his Goods and Chattels were forfeit to us in case he any ways contraven'd the said Oath or did any thing against what was contemned in it Taxes in this KING's Reign THE Lords and Commons perceiving the great danger of Rot. Parl. 1 Rich II. n. 27. Destruction the Nation was in by reason of the great Wars as well by Sea as Land for the defence of the Kingdom and resistance of its great Enemies they granted to the King Two Fifteenth without Cities and Burghs and Two Tenths within Cities and Burghs for Two years Praying the King that as well the Money of the Tenths and Fifteenths as the Tenths granted by the Clergy and Money for the Subsidy of Wooll might be in the keeping of Especial Treasurers by the King's appointment which were William Walworth and John Philypott Merchants of London who were to give an Account of their Receipts and Disbursements in manner as the King and his great Council should order In this Parlement the Commons for the arduity of their Charge Ib. n. 11 12. and feebleness of their Powers and Knowledge prayed the King to have John King of Castile and Leon Duke of Lancaster and Four Bishops Four Earls and Four Barons there named by them for their Ayd and to confer with them about the hasty and good exploit or dispatch of the things wherewith they were charged In the Second of Richard the Second in Quindena paschae part Rot. Parl. 2 Ric II. n. 13. in quindena Paschae 2. n. 13. upon Condition the Marc a Sack added upon Wooll and Sixpence the Pound upon Merchandise given in the last Parlement at Glocester might be remitted the Lords and Commons granted the Subsidy of Wooll as it was before that Parlement for One year from Michaelmas next coming and likewise a Sum upon divers Persons of the Kingdom for which see the Appendix n. 102. The Prelates Lords and Commons perceiving the great Perils Rot. Parl. 2 Ric. II. Die Mercurii prox post Festum Sancti Lucae p. 2. n. 29. with which the Land was environ'd and the great and outrageous Expences the King was to be at for the salvation and defence thereof granted to him the Subsidy of Wooll Leather and Woollfells for Three years of Wooll 43 s. 4 d. the Sack of Woollfells as much for every Two hundred and forty accounting Sixscore to the Hundred and for Leather 4 l. 6 s. 6 d. every Last which were exported by Denizens and Strangers and as an additional Grant they gave more 13 s. 4 d. for every Sack of Wooll as much for every Two hundred and forty Woollfells and for every Last of Leather 26 s. 8 d. Also they gave Sixpence in the Pound for every Pound value Ibm. n. 30. of Merchandise as well of Denizens as Strangers imported or exported for One year The Lords and Commons upon the same Reasons and Suggestions Rot. Parl. 3 Ric. II. n. 16. Die lunae prox post festum sancti Hillar Ibm. n. 17. as in the last Parlement granted the King One Fifteenth and half without Cities and Burghs and One Tenth and half within And seeing the King could not Maintain the Charge of the War without them they granted the Subsidy of Wooll Woollfells and Leather for One year after the Term the last granted should expire The Lords and Commons gave Three Groats of every Lay Person Rot. Parl. 4 Ric II. Die Lunae prox post Festum omnium Sanctorum of the Nation Males and Females except very Beggars and so as the richer or more sufficient in every Town should help the poorer so as no one paid above Forty Groats In the Fifth year the Parlement began on the Morrow of All-Souls Rot. Parl. â— Ric. II. n. 4â— and 67. or 3d of November in which the Lords and Commons granted the Subsidy of Wooll Woollfells and Leather as it was last granted until Candlemas next On the 25th of February it being then expired they grant the same Subsidy as it was last received to Midsummer next following and from that time for Four years In the Sixth of Richard the Second in the First Parlement that Rot. Parl. 6 Ric. II. n. 15. year the Lords and Commons perceiving the danger the Nation was in granted a Fifteenth and a Tenth In the Seventh of Richard the Second in the First Parlement Ib. 7 Ric. II. n. 13. that year the Commons with the assent of the Lords gave Two half Fifteenths In the Second Parlement this year holden at Salisbury the Lords Ib. 7 Ric. II. n. 10. and Commons considering the great Charge the King had been and was to be at for Maintaining his Estate his many Wars and Defence of the Kingdom granted Half a Fifteenth and Half a Tenth In the Eighth of Richard the Second the Lords and Commons Ibm. n. 10. grant Two Fifteenths upon Conditions there mentioned In the Ninth of Richard the Second the Lords Great Men Ibm. n. 10. and Communities of Counties Cities and Burghs granted to the King for the Voyage of the Duke of Lancaster into Spain keeping of the Sea and Marches of Scotland a Tenth and Fifteenth and Half a Tenth and Fifteenth And then the Prelates and Noblemen and Great Men Proceres Ibm. n. 11. Magnates and the Communities aforesaid granted to the King the Subsidy of Wooll Woollfells above the ancient Custom of 6 s. 8 d. a Sack 42 s. 4 d. of Denizens and 46 s. 8 d. of Strangers and of Leather and Pelts or Woollfells pellibus lanutis in like manner according to the Rate In the Tenth of Richard the Second the Lords and Commons Ibm. n. 18. grant to the King Half a Tenth and Half a Fifteenth also Three Shillings per Tun upon Wine and Twelvepence in the Pound upon other Merchandise coming in and going out upon Condition the the Commission made to Fourteen continual Counsellors might no ways be repealed and that they might execute the Power granted by that Commission without disturbance In the Eleventh of Richard the Second the Parlement began Ibm. n. 11. on the Morrow of the Purification or 3d of February the Lords and Commons then granted Half a Tenth and Half a
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
Vsage of the Welch Fol. 7 A The Earldom of Poictou comes to him by his Queen Fol. 8 A He gives up his Right in Normandy Fol. 1b B His Summons to the several Counties Cities and Burghs Fol. 10 A He demands a Subsidy and injoins the Form of it Fol. 1b E F He undertakes the Croysado and forbids the sending the Money collected for it to the Pope Fol. 11 C D His Answer to the Pope's Letter Fol. 12 A His Son Prince Edward born in Wales Fol. 13 F He goes into France and stays there 3 years Fol. 14 E He punishes his Justices at his return for Bribery Fol. 1b F He demands Margaret Grand-daughter to Alexander III. King of Scotland for his Son Fol. 15 A His Concessions to the Scots for promoting the Match Fol. 16 F He appoints a Lieutenant in Scotland for Queen Margaret Fol. 17 C He Claims the Crown of Scotland on Queen Margaret's Death Fol. 18 A His Title Fol. 19 A He receives and restores the Guardianship of Scotland Fol. 22 F The Scots Swear Fealty to him Fol. 23 A His Sentence against Ten of the Competitors Fol. 27 E F He Adjudges the Right to John Baliol Fol. 28 D He grants him Possession and receives his Fealty Fol. 29 A D His Protestation to the Scots Petition Fol. 30 E He hears and grants the King of Scots Plea Fol. 32 He is Defied by the King of Scotland Fol. 34 D He Beats the Scots to a Submission Fol. 36 A He sends their King to the Tower and appoints them a Governour Fol. 38 A The Peace between him and the French broken Fol. 1b C His Alliance with the Emperor Fol. 1b F He shuts up the Barns and Granaries of the Clergy for refusing him a Subsidy Fol. 40 E His Alliance with the Earl of Flanders Fol. 42 A His Son Prince Edward to Confirm it when at Age Fol. 43 A He is angry with the Clergy Fol. 45 A His Pilgrimage to Walsingham in Norfolk Fol. 44 D His Writs to restore the Clergy that complied Fol. 46 And against Spreaders of False News and Publishers of Excommunications Fol. 47 57 His Orders for fitting out his Fleet Fol. 51 E All of 20 1. per Annum to provide to go with him Fol. 52 A His Summons to his whole Military Service Fol. 1b Several Lords refuse their Duty and Service Fol. 53 E His Grant of a general Protection to the Clergy Fol. 54 A His Vnwarrantable Ways to Raise Money Fol. 1b F His Declaration concerning such as refused their Duty and Service Fol. 55 They present him their Grievances Fol. 57 D He goes into Flanders and Promises Remedy at his Return Fol. 58 D He confirms the great Charter Fol. 59 F 64 65 A Truce between him and King Philip Fol. 60 C c. The Names of his Allies and Confederates Fol. 1b D He overthrows the Scots at Falkirk Fol. 64 B His Marriage with the French King's Sister Margaret Fol. 67 B He grants the Statute of Articles upon the Charters Fol. 68 B His march into Scotland with an Army Fol. 70 D His Answer to the Pope's Claim of the Kingdom of Scotland Fol. 71 C His Title to Scotland sent to the Pope with an Account of their Perfidiousness Fol. 73 C He grants a Truce to the Scots and returns into England Fol. 74 A His Messengers to the Pope Fol. 75 F He concludes a Peace with France Fol. 77 A B He accuses the Arch-Bishop of Canterbury of Treason Fol. 81 B His Ordinances for the Security of Scotland Fol. 85 F He Banishes Piers Gaveston Fol. 92 A His Death Fol. 1b D His Wives and Issue Fol. 98 99 Prince Edward Eldest Son to Edward I. made Guardian of England Fol. 59 A Is Contracted to Isabel Daughter to the French King Fol. 65 E Is made Prince of Wales and Earl of Chester Fol. 73 F Is Knighted with 300 more Fol. 84 F His Familiarity with Piers Gaveston displeased the King Fol. 92 A II. began his Reign Fol. 100 B His Marriage and Coronation and Favours to Gaveston Fol. 101 A Ordinances for the Government of his Houshold Fol. 102 103 His Confirmation of them Fol. 110 E He recalled Gaveston Fol. 112 E He appoints Commissioners to Correct the Ordinances Fol. 113 E He goes to Newcastle with Gaveston Fol. 114 F His Request to the Lords to spare Gaveston refused Fol. 115 D He Prohibits his Lords coming to him Armed Fol. 116 F He makes a Peace with them Fol. 117 D He is overthrown by the Scots Fol. 120 B His Promise to observe the Ordinances Fol. 121 E He Summons his whole Military Service against the Scots Fol. 122 A His good will towards the Earl of Lancaster Fol. 1b C His Indenture of Agreement with him Fol. 124 C He allowed the Lords Petition Fol. 125 F He Pardoned the Earl of Lancaster and his Followers Fol. 126 B And the Lords that Acted without Law against the Spencers Fol. 133 D He besieged Leeds Castle and takes it Fol. 134 A He revoked the Spencer's Banishment and marched with an Army against the Lords Fol. 1b D He made a Truce with the Scots for 15 years Fol. 147 A He excused his Homage to the French King and made a Truce Fol. 1b B C He quits Aquitain and Ponthieu to his Son Prince Edward Fol. 149 A His Message to his Queen and Son to return into England Fol. 150 151 His Queen's Behaviour towards him Fol. 152 A He writ to the Pope about the Affair of his Queen Fol. 1b F He Proclaims Mortimer a Traytor but without effect Fol. 154 F 155 B He retired into Wales Fol. 157 B He sent the Great Seal to the Queen and Prince Fol. 159 A He is carried Prisoner to Kenelworth Fol. 161 A He is Deposed and for what Reasons Fol. 1b E F His Resignation to his Son Prince Edward Fol. 163 C Is Inhumanely Treated and Murdered Fol. 164 C D E His Issue Fol. 181 C Prince Edward Eldest Son to Edward II. contracted to the Earl of Haynault's Daughter Fol. 154 D Is made Guardian of the Kingdom Fol. 158 F III. is declared King Fol. 161 D His unwillingness to accept the Crown Fol. 163 B His Affairs Managed by his Mother and Mortimer Fol. 182 C 186 A He Pardoned those that came over with the Queen Fol. 1b He sent Mortimer and his Adherents to the Tower Fol. 186 B He Tryed and Executed several of his Father's Murderers Fol. 190 191 The Reward he gave for taking Mortimer Fol. 191 D E He Propounds to his Parlement the Business of France and Ireland Fol. 1b F The Advice he received Fol. 192 A B 194 B C He assisted Edward Baliol to recover the Crown of Scotland Fol. 1b F He received his Homage and Fealty Fol. 195 A B And 2000 1. per Annum for Assistance Fol. 196 A B He besieged Berwick and beat the Scots Fol. 1b F He concludes a Peace with them Fol. 197 A He is advised to
claim the Crown of France Fol. 198 E F The Alliances he made in order to it Fol. 199 He appoints Commissioners to Treat of his Right Fol. 200 B He Constitutes the Duke of Lorrain Vice-Roy of France Fol. 1b C He is made Vicar-general of the Empire Fol. 201 D His Title to the Crown of France Fol. 1b F He enters the French Dominions Fol. 202 C He acquaints his Parlement with it and demands an Ayd Fol. 203 A His Debt to his Allies Fol. 204 C An Ayd granted to clear it and the Commons Request to him Fol. 1b D E His great Victory over the French Fleet Fol. 205 C His Letter to his Parlement for more Money which was granted Fol. 206 A E He Besieged Tournay and Challenged Philip of Valois Fol. 207 A B He concludes a Truce Fol. 208 B C At his return into England he sent several of his Council to Prison Fol. 209 E He is reproved by the Arch-Bishop of Canterbury Fol. 210 D His Letter concerning the Arch-Bishop and his Crimes Fol. 212 E His Letter answered and called a Libel by the Arch-Bishop Fol. 215 B His Reply to the Arch-Bishop's Defence Fol. 218 B He presses for further Supplies Fol. 219 D His Answer to the Statutes and Conditions Fol. 220 A His Revocation of them confirmed in Parlement Fol. 222 C He refused the Emperor's Mediation for a Peace Fol. 223 E F He received the Homage of John Earl of Montfort for the Dukedom of Bretagne Fol. 224 E He Married his Daughter to the Duke's Son Fol. 225 E He enters Bretagne with an Army Fol. 226 A He agrees to a Truce with France for 3 years Fol. Ib. D He acquaints his Parlement with it and their Agreement to it Fol. 227 228 He appoints Commissioners to Treat of Peace without effect Fol. 229 A His Parlement prays an end of the War and grant an Ayd Fol. 231 E He again sent Defiance to Philip of Valois Fol. 232 C He Complains to the Pope against him and the Pope's Answer Fol. Ib. E F 233 C The Success of his Arms in Gascoigny Fol. 235 E He and his Son Prince Edward land in Normandy Fol. 236 A His great Successes there Fol. Ib. B c. His Victory over the French at Cressy and the Number slain Fol. 237 B c. His Answer to the Commons Petition in Parlement Fol. 240 A He beats the French Army and takes Calais Fol. 242 C D His Vsage of the Calesians Fol. Ib. E 243 A He agrees to a Truce Fol. 243 B The Number of his Army and their Pay Fol. Ib. C He refused the Offer of the Empire Fol. 255 F He prevents the betraying of Calais Fol. 246 D His Vsage of the French Prisoners Fol. Ib. E He Institutes the Order of the Garter Fol. 247 His Title to France set forth in Parlement Fol. 248 E He offered Terms of Peace to the French Fol. 252 His readiness to Remedy his Subject's Grievances Fol. 250 251 His Agreement to Peace refused by the French Fol. 253 A B 261 D His Expedition into France Fol. 254 F His Army wast and destroy the French Country Fol. 262 A He concludes a Peace with France Fol. Ib. C D The Articles of the Peace Fol. 263 c. He sent his Commissioners to take possession of what was granted him by the Peace Fol. 278 F Some French Lords refuse to become his Subjects but are forced to it Fol. 281 His Kindness to the French Hostages Fol. 283 A He assumed the Title of King of France by the Advice of his Parlement Fol. 287 E His Offer to such as would Maintain his Title Fol. 288 B His Letter of Indemnity sent into Aquitain Fol. Ib. D His Voyage into France unfortunate Fol. 293 A B He sent Assistance to his Son Prince Edward Fol. 289 C His Answer to the Commons Petition Fol. 292 A His Fleet beaten nigh Rochell Fol. Ib. D His Town in Aquitain Revolt Fol. 297 D He agreed to a Truce with the French King Fol. 298 A His Answer to the Commons and Londoners Petitions Fol. 302 303 305 306 His Death Fol. 308 B His Issue by Queen Phillippa Fol. 323 Prince Edward Eldest Son to Edward III. made Guardian of England Fol. 204 F His great Victory over the French at Cressy Fol. 237 C He prevents the betraying of Calais Fol. 246 C His Expedition into France and his Success Fol. 255 E His Victory over the French at Poicters Fol. 257 His Civilities to King John and his Son Philip Fol. 258 A He is made Prince of Aquitain Fol. 282 E He ayds the King of Castile and restores him Fol. 284 C His Illness and return to Aquitain Fol. Ib. D His Necessities for want of Money Fol. 285 A The Complaint of the French Nobility against him Fol. Ib. B His Answer to the French King's Summons Fol. Ib. D He taketh Limoges by Storm Fol. 290 A He returns ill into England Fol. Ib. B His Death Fol. 302 C Ellys William impeached for Extortion Fol. 302 B England's Superiority over Scotland Fol. 35 B How to be divided if Conquered by France Fol. 238 F English Women imitate the French in their Apparel Fol. 246 A F. FItz-Alan Richard Earl of Arundel Admiral of the English Fleet Fol. 367 D He takes above 100 of the Enemies Ships Fol. Ib. E Is one of the Appellant Lords Fol. 371 C Flint Castle when and by whom built Fol. 7 A French King's Charge against King Edward I. Fol. 38 D He seized on Gascony Fol. Ib. F He provides to invade England Fol. 39 D Fulthorpe Sir Roger impeached and his Answer Fol. 386 A E Sentence against him Fol. 387 A His Life spared Fol. 388 A G. GArter See Order Gascony restored to King Edward I. Fol. 77 C Gaston Vicount Bearn refused his Homage to Edward I. Fol. 3 A Gaveston Piers his Familiarity with Prince Edward Fol. 91 F Is banished by the King Fol. 92 A His return into England and is made Earl of Cornwal and Lieutenant of the Kingdom Fol. 100 D E His Destent and Marriage with the King's Neece Fol. 101 B Is made Lieutenant of Ireland Fol. Ib. E The Nobility contrive to destroy him Fol. Ib. F He fled out of the Kingdom and is recalled Fol. 112 D He yields himself to the Lords Fol. 115 D He is Executed without Judgment Fol. 116 A Gloucester Thomas Duke with other Lords march with great Forces towards London Fol. 368 A Their Letter to the Mayor and Sheriffs Fol. Ib. B C Their Approach to the King with the manner of their Address and Reception Fol. 369 A B C They are excused by Proclamation yet march on towards London Fol. Ib. F The Keys of the City-Gates delivered to them Fol. 370 A They go to the King and obtain what they asked Fol. Ib. B C He offers to purge himself and is declared Guiltless Fol. 371 A His desire to have 1000 l. per Ann. settled on him by the King Fol. 392 F
Letters Pattents of Edward I. for the Establishment of Scotland Fol. 82 A Lewelin Prince of Wales summoned to take the Oath of Fealty to Edward I. Fol. 1 F His Marriage of Sim. Monfort's Daughter Fol. Ib. F He surprized the King's Justiciary and is slain Fol. 9 B E Limoges delivered to the French Fol. 289 F Is retaken by Prince Edward Fol. 290 A Lincoln Henry Earl his Speech about Holy Church to Thomas Earl of Lancaster Fol. 114 B Littister John King of the Commons his Pretences and Practices Fol. 348 E Loketon John impeached his Answer and Excuse Fol. 386 A E Sentence against him Fol. 387 A Is banished into Ireland Fol. 389 C Londoners join with the Lords in refusing to pay Taxes to Edward I. Fol. 58 F They refuse to assist King Edward II. Fol. 155 F They Murder the Bishop of Exeter and a Servant of the Spencers Fol. 156 B They compel the Bishops to swear to defend their Rights Fol. 164 A They present their Grievances to Edward III. Fol. 302 E F Their Patent from him and Petition about their Coroner Fol. 305 A E They deny to lend King Richard II. a Thousand Pounds Fol. 393 F Their Liberties seized by him and restored Fol. 394 A Lords See Nobility Lyon Rich. impeached by the Commons and his Punishment Fol. 301 F M. MAgdulph Earl of Fife his Appeal to King Edward I. Fol. 31 C Maltrovers John one of the Keepers and Murderers of Edward II. Fol. 164 C Marchall John Servant to thâ— Spencers murdered and by whom Fol. 156 A Margaret Maid of Norwey Grandchild and Heir to Alexander III. King of Scotland Fol. 14 F Articles of Marriage between her and Prince Edward Fol. Ib She died in her Voyage to England Fol. 17 F Marshal and Constable take Possession of the City-Gates Fol. 59 C D Mautravers John his Practices against the Earl of Kent punished Fol. 190 D E Merks Thomas Bishop of Carlisle's Reasons against the Proceedings in Parlement against King Richard II. Fol. 438 D Montacute Will. his Reward for taking Mortimer Fol. 191 D Monfort his Controversie with the Earl of Blois for the Dukedom of Bretagne Fol. 124 125 Mortimer Roger taken into Queen Isabel's Service Fol. 149 D Is proclaimed a Traitor by Edward II. Fol. 154 F His Familiarity with the Queen Fol. 159 B His Management of Affairs under Edward III. Fol. 182 B 186 A He agrees to a shameful Peace with the Scots Fol. 184 F He is sent to the Tower Fol. 186 C The Articles in Parlement against him Fol. 187 A Is condemned by his Peers and executed Fol. 189 F Mowbray Tho Duke of Norfolk accused by the Duke of Hereford Fol. 413 B The matter contained in his Accusation to be determined by Duel Fol. 414 D The King prevents the Battel and banished him Fol. 415 B C D N. NAnts besieged by the English Fol. 342 B Nevill's Cross Battel Fol. 240 F Nobility swear Fealty to Edward I. when beyond Sea Fol. 1 C Their Petition against the Pope's Exactions Fol. 88 C And against sending Money out of England Fol. 89 C Their Murmurs and Contrivance against Gaveston Fol. 101 D F Their Ordinances for the Government of the King's Houshold Fol. 103 c. Are angry at recalling of Gaveston Fol. 112 F They order him to be executed without Trial Fol. 116 A They demand of the King the Execution of their Ordinances and encourage the People to join them Fol. Ib. C E They treat with the King about Peace Fol. 117 D Their Petition to him in Parlement Fol. 125 D Their Confederacy against the two Spencers Fol. 127 c. Their Message to the King to banish them Fol. 129 A They come armed to Parlement and their Award against them Fol. Ib. B C They desire Security for their acting without Law Fol. 132 D Many of them Executed with the Earl of Lancaster Fol. 135 F They join with Queen Isabel against Edward II. Fol. 154 D Several of them Executed by Queen Isabel's Order Fol. 159 B They judge King Edward II. unfit to Govern Fol. 163 A They renew their Fealty and Homage to King Richard II. Fol. 390 F The Oath they then took Fol. 391 A Such as broke it to be Excommunicated Fol. Ib. They again renew their Oaths to King Richard Fol. 400 403 They join Henry Duke of Hereford and Lancaster Fol. 419 C D Northampton John a Mover of Sedition in London and how appeased Fol. 360 F His Trial and Judgment Fol. 361 F Judgment against him repealed Fol. 393 B Nottingham Thomas Earl one of the Lords Appellants Fol. 371 C O. OAths taken by the Lords Spiritual and Temporal Fol. 391 A Administred to all Gentlemen c. Fol. Ib. B Renewed to King Richard II. Fol. 400 The Breakers thereof Excommunicated Fol. 401 B Great Officers of the Kingdom to be sworn in Parlement Fol. 220 E To be chosen by the Lords in King Richard's Minority Fol. 332 C They resign their Places to the King and receive them again from him Fol. 392 B Ordainers appointed their Names Fol. 103 They decline to Treat with the King's Commissioners Fol. 114 A Order of the Garter instituted when and by whom Fol. 247 B Ordinances of King Edward I. for Security of Scotland Fol. 85 F For Government of Edward II. his Houshold Fol. 102 B Are confirmed by the King in Parlement Fol. 103 110 111 A Are examined and annulled Fol. 146 A Of Normandy what it was Fol. 238 D P. PArliaments held in the Reign of Edward I. Fol. 96 97 98 In the Reign of Edward II. Fol. 180 181 In the Reign of Edward III. Fol. 321 c. In the Reign of Richard II. Fol. 465 c. That held in the 11th of Ricard II. annulled Fol. 402 That again confirmed and that held 21 Rich. II. annulled Fol. 437 E Pavy Amery de made Governour of Calais Fol. 243 B His Design to betray it prevented Fol. 246 C He is removed from the Government of it Fol. ib. F Peacham John made by the Pope Arch-Bishop of Canterbury Fol. 94 A His Letter to the King about Church-Liberty Fol. 95 A Perambulation of the Forest settled and confirmed Fol. 72 F Percy Henry his Promise in behalf of Gaveston Fol. 116 A Thomas made General Procurator for the Clergy Fol. 401 B Perrers Alice banished Fol. 302 B She is accused in Parlement Fol. 329 F She is found Guilty Fol. 331 E Her Sentence and Punishment not to be made a Precedent Fol. Ib. Repealed in Parliament Fol. 362 D Peter King of Castile Excommunicated by the Pope Fol. 284 A He craves and receives Aid from Edward Prince of Wales Fol. Ib. He refused to pay the Prince's Army Fol. Ib. Is slain by Henry Bastard of Castile Fol. 289 D Philip the French King remonstrates against the Pope's Bull prohibiting Taxes Fol. 55 B His Clergy doth the like Fol. Ib. His Protestation against the Pope's Power to make a Truce between him and Edward I. Fol.
61 F He corrupts the German Princes Fol. 63 C Of Valois his Alliances against Edward III. Fol. 200 A His Commissioners appointed to Treat of Peace Fol. Ib. His Fleet beaten by the English Fol. 205 C His Answers to Edward III.'s Challenge Fol. 207 D He is overthrown by him at Cresly Fol. 237 B His attempt to relieve Calais unsuccessful Fol. 242 B His Death Fol. 247 F Philpot John set out Men of War at his own Charge Fol. 334 C Is questioned for it and discharged Fol. Ib. Pickering Sir James his Petition in behalf of the Commons Fol. 335 C Plesington Sir Robert adjudged a Traitor Fol. 407 D Pole Sir Michael made Lord Chancellor Fol. 359 D He accuseth the Bishop of Norwich Fol. 360 C His Sentence against Four Knights Fol. Ib. D Is made Earl of Suffolk Fol. 363 F He is impeached his Answer and Judgment Fol. 365 ACE Is accused of High Treason Fol. 372 D Pope prohibits the Clergy from paying Taxes to Secular Princes Fol. 41 A His Explanatory Bull Fol. 54 C He by his own Power declared a Truce for Two Years between England and France Fol. 61 D Protested against by the French King Fol. Ib. F Accepted as Mediator and not as Judge Fol. 62 His Award between the Two Kings Fol. 64 65 He sent a Nuncio to compleat it Fol. 66 E His Claim to the Kingdom of Scotland Fol. 70 E He suspended the Arch-Bishop of Canterbury Fol. 81 C He appointed Receivers of his Temporalities but refused by the King Fol. Ib. F He absolved Edward I. from his Oath Fol. 84 C His Exactions in England Petitioned against by the Nobility Fol. 88 C He mediates a Peace between Edward III. and King Philip Fol. 200 F 202 D His Reservation of the Bishopric of Rochester to the Apostolic See Fol. 319 B Price of Provisions set by the King Fol. 120 C Revoked again by him Fol. 121 D Probi Homines in Scotland who they were Fol. 31 F R. Rapyngdon Philip Professor of Divinity in Oxford a Wyclivite Fol. 459 F Proceedings against him Fol. 460 461 Reading Sim. Executed for speaking ill of Q. Isabel Fol. 159 C Reynolds Walter Arch-Bishop of Canterbury writes to the Pope to Saint Tho. Earl of Lancaster Fol. 139 A Richard Eldest Son to Edward Prince of Wales Guardian of England Fol. 293 C Is Created Prince of Wales Fol. 302 D II. his Coronation Fol. 326 B His Command to his Parlement to dispatch their Business Fol. 337 D His Necessities forced him to Pawn his Jewels Fol. 343 A His Mercy to the Followers of Wat. Tiler Fol. 347 B He Knighted the Lord Mayor and other Citizens of London for their Services in Suppressing them Fol. 350 D His Grants of Liberties and Manumissions to Villans revoked in Parlement Fol. 351 B He appoints certain Lords to Examine into Mismanagements of his Affairs Fol. 352 A He Excepted several Towns and Persons out of his General Pardon Fol. 352 F His Offer to go in Person with an Army into France Fol. 356 E The Parlement Advise him to the contrary Fol. 357 C His intent to Arraign the Duke of Lancaster Fol. 362 A His Expedition into Scotland Fol. Ib. F His Answers to the Commons Petition about his Houshold Fol. 364 A He is sent for to Parlement by the Duke of Gloucester and Bishop of Ely Fol. 365 F He changed the Great Officers of State Fol. 366 E He appointed Commissioners to Govern the Kingdom Fol. Ib. F His Protestation in Parlement Fol. 367 C He questioned the Commission and Statute made in the last Parlement Fol. Ib. F His Judges Opinions of them Fol. 368 A His Reception by the Mayor and City of London Fol. Ib. He Excused the Duke of Gloucester and others by Proclamation Fol. 369 C He granted their Requests Fol. 370 C He sent the Judges taken off the Benches to the Tower Fol. Ib. E His grant of the Commons Petitions Fol. 390 D The Lords Spiritual and Temporal renew their Fealty and Homage to him and he his Coronation Oath Fol. Ib. F Is declared to be of full Age Fol. 392 A He seized and restored the Liberties of the City of London Fol. 394 A He concluded a Peace with France Fol. Ib. B He goes into Ireland Fol. 395 D His Kindness to several Lords Fol. 399 B C He made several Dukes and Earls Fol. Ib. D The Lords and Commons Oaths to him Fol. 400 401 He Pardoned the Duke of Hereford Fol. 403 F He appointed at the Commons Request certain Persons to determine Matters undispatched in Parlement Fol. 404 D He prevented Battle between Hereford and Norfolk and banished them Fol. 415 B Statutes and Ordinances made by him and others appointed Fol. 416 A He goeth again into Ireland Fol. 419 A His Nobility and People desert him and join Hereford Fol. Ib. D He offered to quit the Government Fol. Ib. E He is sent to the Tower and a Parlement summoned in his Name Fol. Ib. F The Process of his Renunciation and Resignation Fol. 420 421 Articles objected against him Fol. 423 c. William Thyrning's Speech to him in the Tower Fol. 434 E Bishop of Carlisle's Speech in his behalf Fol. 438 D He was removed to Ludlow and from thence to Pontfract Fol. 452 A The French King attempts his Relief but without effect Fol. Ib. B The manner of his Death uncertain Fol. Ib. D c. His Wives Fol. 467 Rickhill Sir William appointed to take the Confession of the Duke of Gloucester at Calais Fol. 409 A His Declaration of the same in Parlement Fol. 411 B Rioters how to be prosecuted Fol. 193 Rochellers declare for the King of France Fol. 292 F Roger Earl of March slain in Ireland Fol. 419 A Rushook Tho. Bishop of Chichester Confessor to Richard II. impeached by the Commons Fol. 388 A His Answer Fol. Ib. B Is found guilty and banished Fol. 389 C S. SCotland and Scots their Agreement with Edw. I. about Margaret King Alexander III's Grandchild and Heir Fol. 15 16 K. Edward's Concessions to them about the Match Fol. Ib. Their Nobility desire time to Consider of King Edward's Claim of the Crown of Scotland after Margaret's Death Fol. 18 D E The Competitors produce nothing against his Claim Fol. 20 Their Names and Submission to King Edward's Decision and how their Rights were to be tried Fol. 21 A B D The Guardianship of the Kingdom committed to King Edward Fol. 22 E They Swear Fealty to him Fol. 23 B How the Right of Succession to be determined Fol. 24 F The Kingdom not partible Fol. 27 B They send for Absolution to the Pope Fol 35 A They Command the English to quit Scotland Fol. Ib. D They enter England are beaten and then they submit Fol. Ib. 37 E 64 B They again Revolt and Submit Fol. 53 A They force the English out of Scotland Fol. 59 A They apply themselves to the Pope Fol. 70 E The Terms of Peace granted them by King Edward
Fol. 77 F 78 E The Names of Persons excepted Fol. 79 C D What Number to come to the English Parlement Fol. 80 C D The Settlement they made of the Kingdom Fol. 81 A The Articles of the Establishment Fol. 82 83 They break their Oaths and Crown Robert Bruce Fol. 84 B Are routed and many Tried for Perjury and Rebellion Fol. 85 B Their Submission and Homage to King Edward renewed Fol. 86 D They Ravage the English Borders Fol. 120 A 340 A Their great Victory over King Edward II. Fol. Ib. B The Kingdom Interdicted Fol. 123 E They agree to a Truce for Two years continued for 13 years Fol. 124 A 147 A They break the Truce Fol. 184 B A Peace concluded with them by Mortimer Fol. Ib. Their Country wasted and burnt by Edward III. Fol. 197 A They agree to a Peace with him Fol. Ib. B Their Alliance with the French Fol. 335 A Their Barbarity in the English Borders Fol. 341 C Their Commissioners sent to the English Parlement rejected Fol. 359 F They join the French to invade England Fol. 362 E And are beaten Fol. 391 C Scrope Richard Lord Chancellor charged the Commons with untruth Fol. 336 E His Answer to their several Petitions Fol. 337 B The Great Seal taken from him Fol. 355 E Tho. Earl of Wiltshire made Procurator for the Clergy Fol. 412 B Segrave John made Guardian of Scotland Fol. 76 F Sharewell Sir William set forth K. Edward III's Title to France Fol. 248 E F Soldiers how raised against the Scots and payd Fol. 121 F Southwell Nic. Valet to King Richard II. Fol. 381 A Spanish Fleet beaten by the English Fol. 248 A Spencer Hugh blamed for the Loss the English sustained from the Scots at Bannock-bourn Fol. 120 B Is made Chamberlain to Edward II. Fol. 126 E His Fathers Character Fol. Ib. F How they provoked the Nobility Fol. 127 B C The Lords Award against Father and Son Fol. 129 C Their Banishment revoked Fol. 134 D Outragious Practices against them Fol. 141 143 Errors of the Award against them assigned Fol. 142 A And why it ought to be revoked Fol. 144 B The Award voided in Parlement Fol. 145 C The Father made Governor of Bristol Fol. 147 C He is taken and Executed Fol. 148 C The Son Executed Fol. 149 B The Judgment against them both reversed Fol. 403 B Henry Bishop of Norwich his great Courage and Conduct Fol. 349 A His Offer for the Relief of Flanders Fol. 357 D His Proffer accepted by the King and Council Fol. 358 A He Published a Croysado against the Antipope Fol. Ib. B His great Success against the Flemings Fol. Ib. F He surrendred Graveling and returned into England Fol. 359 B His Accusation and Punishment Fol. 360 C Statute of Bigamy on what account made Fol. 5 B D Of Winchester proclaimed Fol. 68 F And Conditions where to be found Fol. 220 E Are revoked by the King Fol. 221 C Statutes and Commission what and when made Fol. 367 A Declared void in Parlement Fol. 397 B And Ordinances made by the King and others appointed out of Parlement Fol. 416 A Not to be repealed under pain of Treason Fol. Ib. The Bishops and Temporal Lords Swear to observe them Fol. 417 F Sterling Castle delivered to the Scots Fol. 67 D Besieged by and yielded to King Edward I. Fol. 78 A Steward James his Submission to King Edward I. Fol. 37 C Stratford John Arch-Bishop of Canterbury his Behaviour to Edward III. Fol. 210 215 He submitted and begged the King's Pardon Fol. 218 D Proceedings against him vacated Fol. 219 A Is forbidden to enter the Painted Chamber Fol. 222 F Is permitted upon Mediation of some Great Men Fol. 223 A Straw Jack his Pretences and Practices Fol. 345 348 His Tryal and Execution Fol. 349 C His Confession at his Execution Fol. 350 A Sudbury Simon Arch-Bishop of Canterbury beheaded by the Rebels Fol. 346 C T. Talbot Sir Tho. accused for Conspiring the Death of the Dukes of Lancaster and Gloucester Fol. 395 B Tarleton Adam Bishop See Adam Taxes granted in the Reign of Edward I. Fol. 96 97 Taxes granted in the Reign of Edward II. Fol. 180 Taxes granted in the Reign of Edward III. Fol. 321 c Taxes granted in the Reign of Richard II. Fol. 465 c. Templars by whom founded their Original and Suppression Fol. 165 c. Testa William the Pope's Agent convict of Crimes against the Crown Fol. 89 D His Officers questioned Fol. 90 B The King granted him Protection and License Ib. D. F Thyrning William his Speech to Richard II. in the Tower Fol. 434 E Tiler Wat. his Pretences and Practices Fol. 345 His Insolent Behaviour to the King Fol. 346 F His Death Fol. 347 A His Followers pretended the King's Authority for what they did Fol. 348 B Tresilian Robert Lord Chief Justice accused of Treason by the Lords Appellants Fol. 373 374 His and the other Judges Opinions concerning the Statute and Commission Fol. 378 c. The Witnesses to their Opinions Fol. 379 F Is brought into Parlement Sentenced and Executed Fol. 385 D Trussell William his Speech against Hugh D'espencer the Son Fol. 159 E He resigned up the Nobility's Homage to Edw. II. Fol. 162 D V. VAlentia Aymer sent against the Scots Fol. 84 F His Success against them Fol. 85 A Vere Robert Duke of Ireland raised Forces in Lancashire and Cheshire for Richard II. Fol. 369 D He is accused of Treason Fol. 372 D Usk Tho. impeached his Answer and Judgment Fol. 387 C D E W. Walworth Wm Lord Mayor of London slew Wat. Tiler Fol. 347 A He is Knighted by Richard II. for his Service Fol. 350 D Walys Wm chosen by the Scots for their Leader Fol. 53 A Is beaten and flee's into the Woods Fol. 64 C Is taken and Executed Fol. 83 F Was one that encouraged the Lords against Edw. II. Fol. 119 C Warren John appointed Governor of Scotland Fol. 38 A He suppressed the Scots Fol. 53 B Warwick Tho. Earl one of the Appellant Lords Fol. 371 C His Pardon revoked Fol. 397 C Is appealed of High Treason Fol. 405 A Is Tryed and pleaded Guilty Fol. 411 E His Life granted him by the King Fol. Ib. F Welch routed and their Prince slain Fol. 9 C Are totally subdued Fol. 11 B Writ for sending the same Knights Citizens and Burgesses who were sent last Parlement Fol. 69 F Wyclif John Convented before the Arch-Bishop and Bishop of London Fol. 307 F He Explains himself concerning the Sacrament of the Altar Fol. 320 A The Heresies laid to his Charge Fol. Ib. F Proceedings against his Followers in Rich. II's Reign Fol. 458 FINIS THE APPENDIX N. 1. Claus 1. Ed. 1. M. 11. de pace Regis Edwar. Proclâ—â—andâ EDwardus Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Vicecomiti Eborum Salutem Cum Defuncto jam celebris memoriae Domino Henrico Rege Patre nostro ad nos Regni gubernaculum
contre le Roy et sa Corone et pur tant il voet estre ove le Roy en tel cas layalment et sustenance de sa Corone et en toutz autres cas touchantz sa Corone come il est tenuz par sa Ligeance et pria au Roy que la dite Cedule soit entre de Record en Roll de parlement et le Roy lottroia N. 118. Rendred in English Rot. parl 16. Ric. 2. n. 20. WIlliam Archbishop of Canterbury brought a Schedule into a full Parliament containing his Answers demanded to certain Articles in the Form and Words following TO our most redoubted Lord the King in this present Parliament his humble Chappellan William Archbishop of Canturbury to the petition brought into Parliament by the Commons of the Kingdom in which are contained certain Articles that is to say first whereas our Lord the King and all his Lieges ought of Right and were wont in all times to proceed in the King's Court to recover their Presentations to Churches Prebendaries and other Benefices of holy Church to which they had right to present the Cognisance of which Plea only belonged to that Court by ancient Right of the Crown used and approved in the Times of all the King's Progenitors Kings of England and when Judgment was given in that Court upon such Plea the Archbishops Bishops and other Persons Spiritual who had Institution of such Benefices within their Jurisdiction were bound and had made Execution of such Judgments by Command of the Kings for all the times aforesaid without interruption for a lay Person could not make such Execution and also are bound to make Execution of many other Commands of the King of which Right the Crown of England had been in peaceable Possession as well in this King's Time as the Times â—f all his Progunitors until this time But of late diverse Processes have been made by the holy Father the Pope and Censures and Excommunications published against certain English Bishops for that they have made Execution of such Commands in open Disheritance of the Crown and Destruction of the King 's Regalie his Law and his whole Realme if Remedy be not had To this Article the Archbishop making Protestation that it was not his Intention to say or affirm that our Holy Father the Pope could not Excommunicate a Bishop according to the Law of holy Church answereth and saith that if any Execution or Processes Censures and Excommunications should be made by any Person against any Bishop of England or any other of the Kings Lieges because they made Execution of such Commands he holds this is against the King as it is holden or affirmed in the Petition and therefore he will stand with the King and with his Crown in the Case aforesaid to his Power And also whereas it is said and contained in the same Petition that Clamour hath been made that the holy Father the Pope had ordained and purposed to Translate some Bishops of the Kingdom some out of the Kingdom and some from one Church to another within without the Assent and Knowledge of the King and without the Assent of the Prelate which was to be Translated which Prelates were much profitable to the King and his whole Kingdom by which Translations if they be suffered the Statutes of the Kingdom would be defeated and straightened and the wise Lieges of his Council without their Assent and against their Wills withdrawn and removed out of his Kingdom and the Riches and Treasure thereof exported whereby the Kingdom will be destitute of Counsel and Wealth to the final Destruction of the Kingdom and also of the Crown of England which was so free in all times that it had no earthly Soveraign but immediately subject to God in all things touching the Regalie thereof and to no other Should it be submitted to the Pope and the Laws and Statutes of the Kingdom by him be Defeated and Annulled at his Pleasure it would be to the perpetual Destruction of the Kings Soveraignty his Crown and Regalie and of his whole Kingdom which God forbid The said Archbishop making Protestation that it is not his Intention to say or affirm that our holy Father cannot make Translations of Prelates according to the Law of holy Church answereth and saith That if any Executions of such Translations of any Prelates of the Kingdom were made who were very profitable and necessary to the King and his Realm or that the Sage Lieges of his Council without his Assent and against his Will should be withdrawn or removed out of the Kingdom whereby the Wealth and Treasure thereof might be destroyed The said Archbishop holds this would be against the King and his Crown and therefore he will be with the King Loyally in this Case and in Sustenance of his Crown as he is bound by his Ligeance and prayed the King this Cedule might be entered on Record in the Parliament Role which the King granted N. 119. Pat. 6. Ric. 2. Part. 1. m. 32. REX Cancellario Procuratoribus Universitatis Oxonii qui nunc sunt vel qui pro tempore fuerint Salutem Zelo fidei Christiane cujus sumus semper esse volumus Desensores moti salubriter inducti volentes summo desiderio impugnatores dicte fidei qui suas pravas perversas doctrinas infra regnum nostrum Angliae seminare dampnatas conclusiones eidem fidei notorie obviantes tenere predicare jam noviter pessime presumpserunt conantur in perversionem Populi nostri ut accepimus antequam ulterius in suis procedant erroribus maliciis vel alios inficiant reprimere condignâ castigatione cohercere Assignavimus vos ad inquisicionem generalem assistentibus vobis omnibus theologis Universitatis predicte regentibus faciendam ab omnibus singulis graduatis Theologis Jurisconsultis Universitatis ejusdem si quos de jurisdictione Universitatis illius agnovêrunt qui sint eis probabiliter suspecti de favore credentia vel defensione alicujus heresis vel erroris maxime quarundam conclusionum per venerabilem patrem Wilhelmum Archiepiscopum Cantuariensem de consilio sui Cleri publice dampnatarum vel etiam alicujus conclusionis alicui earundem consimilis in sententia vel in verbis si aliquos de cetero inveneritis qui quicquam predictorum heresium vel errorum vel quemcumque consimilem crediderint foverint seu defenderint vel qui Magistros Johannem Wyclyf Nicolaum Herford Philippum Reppingdon vel Johannem Aston vel aliquem alium de aliquo predictorum heresium vel errorum seu alio simili in verbis vel sententia probabili suspicione notatum in domos hospicia ausi fuerint receptare seu cum eorum aliquo communicare vel sibi defensionem aut favorem prebere presumpserint aliqualem ad hujusmodi fautores receptatores communicantes Defenfores infra septem dies postquam premissa vobis constituerit ab Universitate Villa Oxonii banniendos expellendos donec coram Archiepiscopo Cantuariensi pro tempore existente suam innocentiam manifestâ purgatione monstraverint Ita tamen ut se purgare cogantur ipsos tales esse nobis eidem Archiepiscopo de tempore in tempus infra mensem sub Sigillis vestris certificetis Mandantes insuper quod per Universas Aulas Universitatis predicte diligenter inquiri scrutari faciatis indilate si quis aliquem librum sive tractatum de editione vel compilatione predictorum Magistrorum Johannis Wyclyf vel Nicolai habuerint quod librum illum sive tractatum ubicunque contigerit inveniri arestari capi prefato Archiepiscopo infra mensem absque correctione corruptione seu mutatione quacunque quo ad ejus sententiam vel verba presentari faciatis Et ideo vobis in fide ligeantia quibus nobis tenemini sub forisfacturâ omnium singulorum libertatum privilegiorum Universitatis predicte omnium aliorum que nobis forisfacere poteritis injungimus mandamus quod circa premissa bene fideliter exequenda diligenter intendatis ea faciatis et exequamini in forma predictâ et quod prefato Archiepiscopo et ejus mandatis licitis et honestis vobis in hac parte dirigendis pareatis prout decet Damus autem Vicecomiti et Majori Oxoniensi pro tempore existentibus ac universis et singulis Vicecomitibus Majoribus Ballivis Ministris et aliis fidelibus et subditis nostris tenore presentium in mandatis quod vobis in executione premissorum auxilientur pareant et intendant In cujus c. Teste Rege apud Westmonasterium tercio-decimo die Julii Per Consilium FINIS
Body Lands Tenements Goods and Chattels so as he was imprisoned and all his Lands Tenements Goods and Chattels seized into the King's Hands of which Lands and Tenements he gave some to the Earl of Cambridge and others to Thomas of Woodstocke then Earl of Buckingham for Term of their Lives All which Forfeitures and Imprisonment the King taking pity of the said Richard by the Perswasion of the said Alice and her singular Persuit and Procurement at his Court at Shene with the assent of his Council pardoned and also pardoned the said Richard 300 l. due from him in the Exchequer and further granted 1000 Marks of his Treasure as a Gift which things being contrary to the said Ordinance the Steward demanded of the said Alice how she would Excuse her self of the said Articles who answered she was not culpable Her Answer or guilty of these Articles which she was ready to aver and prove by the Witness and Testimony of John de Ipre at that time Steward of the King's House William Sheet Controller Sir Allen Buxhall Nicholas Carren Keeper of the Privy Seal and others of the Court of the said King and present at the time of the supposed Forfeiture Upon this Day 2 Ibm. was given her to Wednesday next after in the mean time it was ordered by the assent of the Lords That the Articles should be tried by Witness or by Inquest of such as were of the House of the said King and thereupon certain Persons were Sworn and Examined before the Duke of Lancaster the Earl of Cambridge the Earl of March the Earl of Arundel and the Earl of Warwick First Roger Beauchamp late Witnesses Sworn against Alice Perrers Chamberlain of the said King being Sworn said That in the presence of Alice Perrers a Bill was given him to carry to the King at his Court at Havering which Bill he took and as he understood it it contained the Revocation of Sir Nicholas Dagworth from Ireland because he was Enemy to Monsieur William de Windsore he refused to carry the Bill because the Council had ordered the contrary and the said Alice requested him to do it which he did and the King asked him what they talked about which when he informed him of the Contents of the Bill he answered the Petition was reasonable and when Monsieur Roger replied his Council had ordained to the contrary the King answered he was Soveraign Judge and it seemed to him the Bill was reasonable and commanded him to call back the said Nicholas which was done accordingly Concerning Richard Lyons he said he knew nothing The Duke of Lancaster Examined said That one day he came to Havering and found Dame Alice Perrers there when Roger Beauchamp shewed him a Bill containing as above about which he fell into Discourse with the King who concerning Sir Nicholas Dagworth going to Ireland said it was not reasonable one Enemy should Judge another and there he thought fit to countermand his Voyage in which having satisfied the King as done by his Consent in Council but the King not long after coming from Alice Perrer's Chamber came to the Duke and prayed him dearly he would not suffer Dagworth to go toward Ireland but the Duke could not comply by reason it was ordained by King and Council and on Monday morning when he took his Leave of the King in Bed he commanded him upon his Blessing he should not suffer Dagworth to go toward Ireland notwithstanding the Ordinance made the day before and also he was countermanded And to the Article of Richard Lyons he said in his Conscience he believed Alice Perrers was the chief Promoter of that Business but was not present Monsieur Philip de la Vache Sworn says nothing to the purpose Nicholas Carren Sworn says That he was commanded to come to Shene to the King where he found Richard Lyons and they were both commanded to come before the King in Bed where he found Dame Alice Perrers sitting at the King's Bed's Head where was shewed that the King would pardon the said Richard 300 l. due to the King upon Account in the Exchequer and also give him a Thousand Marks of his Treasure and restore him what was given him to his Sons the Earl of Cambridge and Tho. of Woodstock and commanded him the said Nicholas to let his Sons know so much and that the King rehearsed these Grants of his Grace c. before divers Knights and Esquires he called from behind the Curtains of his Bed to Witness the same Monsieur Alein Buxhall Swears the same except Alice Perrer's sitting at the King's Bed's Head and further That Alice desired him to acquaint the Earls of their Father's Pardon to Lyons which at her Instance the King commanded him to do There were more Sworn who said as they believed and much to this purpose and presently there were made to come before the Duke and other Earls Monsieur A Jury Sworn Roger Beauchamp Alein Buxhall John de Burle Richard Stury Philip de la Vage John de Foxle Tho. Garre Knights Nicholas Carren John Beauchamp of Holt John Beverle George Felbrigge John Salesbury William Street Piers Cornwall Tho. Londâ—n Helmin Leget Esquires of the King's House Sworn and charged to speak plain Truth whether the said Alice was culpable who They find her Guilty found her guilty and accordingly to the intent of the Statute made 50 Edw. III. considering the damages and villanies by her done she was sentenced by Parlement to be banished her Lands Her Sentence and Punishment Chattels Tenements in Demesn and Reversion to be forfeited and seized into the King's Hands And it was ordained by the King and Lords in that present Parlement That all her Land in Feoffees hands or purchased in Trust should be also forfeited But it was the Intention of the King and Lords and this Law made particularly Which was not to be made an Example for others for the prevention of such odious things should not be made use of or made an Example against any other Person or in any other Case The Commons 3 Ib. n. 49. pray for that King Edward was guided by unfit Counsellors par auscuns Conseillers nient Covenables as had been authentickly proved That they might be removed from all the King's Counsels and so as such nor other such should be King Edward guided by Evil Counsellors such to be removed from this Kings Counsels The King's Officers not to maintain Suits near him nor in office with him and that other fit Persons might be put in their places and that no Officers of the King's Court great or small do keep up Quarrels or Suits in the Country by Maintenance nor meddle with any thing but what belongs to his Office As to the first Request le Roy le voet the King willeth and as to the second Request touching Maintenance the King will straightly forbid any Counsellor Officer or Servant or others 4 Ib. Ro. The